7102 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Notices 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE554] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Geophysical Surveys 

Related to Oil and Gas Activities in the 

Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, its implementing 

regulations, and NMFS’ MMPA 

Regulations for Taking Marine 

Mammals Incidental to Geophysical 

Surveys Related to Oil and Gas 

Activities in the Gulf of Mexico, 

notification is hereby given that NMFS 

has issued a Letter of Authorization 

(LOA) to bp Exploration and 

Production, Inc., (bp) for the take of 

marine mammals incidental to 

geophysical survey activity in the Gulf 

of Mexico (GOM). 

DATES: The LOA is effective from 

January 14, 2025, through December 31, 

2025. 

ADDRESSES: The LOA, LOA request, and 

supporting documentation are available 

online at: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-oil-andgas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT section). 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization for incidental 

takings shall be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses (where 

relevant), and if the permissible 

methods of taking and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings are set 

forth. NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild (Level A harassment); or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering (Level B 

harassment). 

On January 19, 2021, we issued a final 

rule with regulations to govern the 

unintentional taking of marine 

mammals incidental to geophysical 

survey activities conducted by oil and 

gas industry operators, and those 

persons authorized to conduct activities 

on their behalf (collectively ‘‘industry 

operators’’), in U.S. waters of the GOM 

over the course of 5 years (86 FR 5322, 

January 19, 2021). The rule was based 

on our findings that the total taking 

from the specified activities over the 5- 

year period will have a negligible 

impact on the affected species or 

stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of those species or 

stocks for subsistence uses, and became 

effective on April 19, 2021. 

The regulations at 50 CFR 217.180 et 

seq. allow for the issuance of LOAs to 

industry operators for the incidental 

take of marine mammals during 

geophysical survey activities and 

prescribe the permissible methods of 

taking and other means of effecting the 

least practicable adverse impact on 

marine mammal species or stocks and 

their habitat (often referred to as 

mitigation), as well as requirements 

pertaining to the monitoring and 

reporting of such taking. Under 50 CFR 

217.186(e), issuance of an LOA shall be 

based on a determination that the level 

of taking will be consistent with the 

findings made for the total taking 

allowable under these regulations and a 

determination that the amount of take 

authorized under the LOA is of no more 

than small numbers. 

NMFS subsequently discovered that 

the 2021 rule was based on erroneous 

take estimates. We conducted another 

rulemaking using correct take estimates 

and other newly available and pertinent 

information relevant to the analyses 

supporting some of the findings in the 

2021 final rule and the taking allowable 

under the regulations. We issued a final 

rule in April 2024, effective May 24, 

2024 (89 FR 31488, April 24, 2024). 

The 2024 final rule made no changes 

to the specified activities or the 

specified geographical region in which 

those activities would be conducted, nor 

to the original 5-year period of 

effectiveness. In consideration of the 

new information, the 2024 rule 

presented new analyses supporting 

affirmance of the negligible impact 

determinations for all species, and 

affirmed that the existing regulations, 

which contain mitigation, monitoring, 

and reporting requirements, are 

consistent with the ‘‘least practicable 

adverse impact’’ standard of the MMPA. 

Summary of Request and Analysis 

Bp plans to conduct a field trial of a 

marine vibrator source (C–BASS) array 

in the Atlantis prospect area centered 

around Green Canyon block 743 for a 

duration of up to 14 days, with water 

depths ranging from approximately 

1,300 to 2,200 m. See figure 1 of the 

LOA application for a map of the area. 

The marine vibrator source was not 

included in the acoustic exposure 

modeling developed in support of the 

rule. However, our rule anticipated the 

possibility of new and unusual 

technologies (NUT) and determined 

they would be evaluated on a case-by 

case basis (see 86 FR 5322, 5442, 

January 19, 2021). 

Marine vibrator sources represent an 

alternative to traditional airgun sources, 

and operate by displacing a volume of 

water with a vibrating plate or shell to 

create a pressure wave. In contrast to 

airgun sources, marine vibrators 

produce a long duration, low amplitude 

signal and operate at a lower peak 

intensity. The C–BASS source consists 

of two types of sweep units: six M72– 

15 and two M72–30, comprising eight 

total source units mounted on a tow 

body. Both sets of units (M72–15 and 

M72–30) will sweep for 8 seconds (s), 

with the two signals overlapping. The 

M72–30 signal will lag the M72–15 by 

0.5 s. The total sweep cycle will be 

repeated every 16 s with a 7.5 s quiet 

period in between sweeps. The 

dominant frequencies of the C–BASS 

sweep are between 10–50 Hz, with 

minimal signal energy occurring above 


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Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Notices 7103 

1For purposes of acoustic exposure modeling, the 

GOM was divided into seven zones. Zone 1 is not 

included in the geographic scope of the rule. 

2Acoustic propagation modeling was performed 

for two seasons: winter (December-March) and 

summer (April-November). Marine mammal density 

data is generally available on a monthly basis, and 

therefore further refines take estimates temporally. 

100 Hz. Marine vibrator sources, 

including the C–BASS, produce signals 

with a relatively gentle rise and decay 

over time and are therefore considered 

to be non-impulsive. The usage 

characteristics described above, which 

equate to a duty cycle of 53 percent and 

allow for periods of silence between 

each signal, result in evaluation of the 

C–BASS as an intermittent source for 

purposes of the planned trial. Please see 

bp’s application for additional detail. 

Use of a relatively low-intensity, nonimpulsive source such as the C–BASS is 

likely to result in significantly less take 

by Level B harassment than would 

occur for a similar survey using an 

airgun array as a sound source, and use 

of the C–BASS source is unlikely to 

result in any potential for Level A 

harassment. In order to demonstrate 

this, bp provided an exposure modeling 

report in association with its LOA 

application. The exposure modeling 

effort was performed using the same 

modeling approach as was used in 

support of the 2021 and 2024 rules. 

Modeling of the C–BASS source 

compared with the same 5,110 cubic 

inch (in3) airgun array used for 

additional exposure modeling for the 

2024 rule illustrates a reduction in 

estimated Level B harassment distance 

of over 98 percent, with acoustic 

exposures above harassment criteria 

associated with use of the C–BASS 

source generally less than 1 percent 

those associated with use of the airgun 

array. Please bp’s exposure modeling 

report for more detail. 

Based on this information we have 

determined there will be no effects of a 

magnitude or intensity different from 

those evaluated in support of the rules. 

NMFS therefore expects that use of 

modeling results supporting the final 

rule are conservative as a proxy for use 

in evaluating potential impacts of use of 

the marine vibrator source. 

We also note that for the marine 

vibrator source, the Bureau of Ocean 

Energy Management (BOEM) 

determined that Endangered Species 

Act (ESA) section 7 step-down review 

was required under NMFS’ 2020 

Biological Opinion on Federally 

Regulated Oil and Gas Program 

Activities in the Gulf of Mexico. NMFS’ 

ESA Interagency Consultation Division 

requested and received an analysis from 

BOEM that considered the effects 

associated with the source. As a result 

of this review, NMFS determined that 

use of the source is unlikely to result in 

additional effects beyond those 

previously considered in the 2020 

Biological Opinion. 

The survey effort proposed by bp in 

its LOA request was used to develop 

LOA-specific take estimates based on 

the acoustic exposure modeling results 

described in our rule preamble (89 FR 

31488, April 24, 2024). In order to 

generate the appropriate take number 

for authorization, the following 

information was considered: (1) survey 

type; (2) location (by modeling zone 1); 

(3) number of days; (4) source; and (5) 

month.2 In this case, the 4,130 in3

airgun array was selected, as its use for 

purposes of generating take numbers for 

authorization represents the least 

impactful airgun array (but remains 

conservative for use in estimating takes 

that are expected to result from use of 

the C–BASS source, as discussed 

above). The acoustic exposure modeling 

performed in support of the rule 

provides 24-hour exposure estimates for 

each species, specific to each modeled 

source and survey type in each zone and 

month. 

Summary descriptions of modeled 

survey geometries are available in the 

preamble to the 2018 proposed rule (83 

FR 29212, 29220, June 22, 2018). Coil 

was selected as the best available proxy 

survey type in this case because this 

selection minimizes over-estimation of 

take. Although bp is not proposing to 

perform a survey using the coil 

geometry, the coil proxy is most 

representative of the effort planned by 

bp in terms of predicted Level B 

harassment exposures. 

The survey will include up to 14 days 

of sound source operation in zones 5 

and 7. We assume equal distribution of 

survey effort over the two zones. 

Although the survey is currently 

planned to occur in March 2025, the 

actual timing is not known in advance, 

so take estimates for each species are 

based on the time period that produces 

the greatest value. 

Based on the results of our analysis, 

NMFS has determined that the level of 

taking expected for this survey and 

authorized through the LOA is 

consistent with the findings made for 

the total taking allowable under the 

regulations. See table 1 in this notice 

and table 6 of the 2024 final rule (89 FR 

31488, April 24, 2024). 

Small Numbers Determination 

Under the GOM rule, NMFS may not 

authorize incidental take of marine 

mammals in an LOA if it will exceed 

‘‘small numbers.’’ In short, when an 

acceptable estimate of the individual 

marine mammals taken is available, if 

the estimated number of individual 

animals taken is up to, but not greater 

than, one-third of the best available 

abundance estimate, NMFS will 

determine that the numbers of marine 

mammals taken of a species or stock are 

small (89 FR 31535, April 24, 2024). For 

more information please see NMFS’ 

discussion of small numbers in the 2021 

final rule (86 FR 5438, January 19, 

2021). 

The take numbers for authorization, 

determined as described above in the 

Summary of Request and Analysis 

section, are used by NMFS in making 

the necessary small numbers 

determinations, through comparison 

with the best available abundance 

estimates (see discussion at 86 FR 5322, 

5391, January 19, 2021). For this 

comparison, NMFS’ approach is to use 

the maximum theoretical population, 

determined through review of current 

stock assessment reports (SAR; https:// 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/marinemammal-stock-assessments) and modelpredicted abundance information 

(https://seamap.env.duke.edu/models/ 

Duke/GOM/). Information supporting 

the small numbers determinations is 

provided in table 1. 

TABLE 1—TAKE ANALYSIS 1

Species Authorized 

take Abundance 2 Percent 

abundance 

Rice’s whale ................................................................................................................................. 0 51 n/a 

Sperm whale ................................................................................................................................ 102 3,007 3.4 

Kogia spp. .................................................................................................................................... 3 50 980 5.1 

Beaked whales ............................................................................................................................ 248 803 30.9 

Rough-toothed dolphin ................................................................................................................ 254 4,853 5.2 


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7104 Federal Register / Vol. 90, No. 12 / Tuesday, January 21, 2025 / Notices 

1Terms defined in this notice are italicized the 

first time they are used. 

TABLE 1—TAKE ANALYSIS 1—Continued 

Species Authorized 

take Abundance 2 Percent abundance 

Bottlenose dolphin ....................................................................................................................... 210 165,125 0.1 

Clymene dolphin .......................................................................................................................... 308 4,619 6.7 

Atlantic spotted dolphin ............................................................................................................... 62 21,506 0.3 

Pantropical spotted dolphin ......................................................................................................... 2,989 67,225 4.4 

Spinner dolphin ............................................................................................................................ 4 152 5,548 2.7 

Striped dolphin ............................................................................................................................. 892 5,634 15.8 

Fraser’s dolphin ........................................................................................................................... 102 1,665 6.1 

Risso’s dolphin ............................................................................................................................. 73 1,974 3.7 

Blackfish 5 .................................................................................................................................... 704 6,113 11.5 

Short-finned pilot whale ............................................................................................................... 82 2,741 3.0 

1Scalar ratios were not applied in this case due to brief survey duration. 

2Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to 

be the model-predicted abundance (Garrison et al., 2023). For Rice’s whale, Atlantic spotted dolphin, and Risso’s dolphin, the larger estimated 

SAR abundance estimate is used. 3Estimated takes include 3 takes by Level A harassment and 47 takes by Level B harassment. However, as the actual source planned for use 

is a non-impulsive source, no take by Level A harassment is likely to occur and all authorized takes are by Level B harassment. 4 Modeled take of 53 increased to account for potential encounter with a group of average size (Maze-Foley and Mullin, 2006). 

5The ‘‘blackfish’’ guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer whales. 

Based on the analysis contained 

herein of bp’s proposed survey activity 

described in its LOA application and 

the anticipated take of marine 

mammals, NMFS finds that small 

numbers of marine mammals will be 

taken relative to the affected species or 

stock sizes (i.e., less than one-third of 

the best available abundance estimate) 

and therefore the taking is of no more 

than small numbers. 

Authorization 

NMFS has determined that the level 

of taking for this LOA request is 

consistent with the findings made for 

the total taking allowable under the 

incidental take regulations and that the 

amount of take authorized under the 

LOA is of no more than small numbers. 

Accordingly, we have issued an LOA to 

bp authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: January 15, 2025. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2025–01369 Filed 1–17–25; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF EDUCATION 

Application for New Awards; 

Expanding Opportunity Through 

Quality Charter Schools Program 

(CSP)—Grants to State Entities (State 

Entity) 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice. 

SUMMARY: The Department of Education 

is issuing a notice inviting applications 

for fiscal year (FY) 2025 for CSP Grants 

to State Entities. 

DATES: 

Applications Available: January 21, 

2025. 

Deadline for Transmittal of 

Applications: April 21, 2025. 

Deadline for Intergovernmental 

Review: June 20, 2025. 

ADDRESSES: For the addresses for 

obtaining and submitting an 

application, please refer to our Common 

Instructions for Applicants to 

Department of Education Discretionary 

Grant Programs, published in the 

Federal Register on December 23, 2024 

(89 FR 104528), and available at https:// 

www.federalregister.gov/documents/ 

2024/12/23/2024-30488/commoninstructions-for-applicants-todepartment-of-education-discretionarygrant-programs. 

FOR FURTHER INFORMATION CONTACT: 

Sareeta Schmitt, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Washington, DC 20202–5970. 

Telephone: (202) 205–0730. Email: SE_

Competition@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The CSP State 

Entity program, ALN 84.282A, is 

authorized under Title IV, Part C of the 

Elementary and Secondary Education 

Act of 1965, as amended by the Every 

Student Succeeds Act (ESEA) (20 U.S.C. 

7221–7221j). Through the CSP State 

Entity competition, the Department 

awards grants to State entities 1 that, in 

turn, award subgrants to eligible 

applicants for the purpose of opening 

and preparing for the operation of new 

charter schools and replicated highquality charter schools, and expanding 

high-quality charter schools. State 

entities also may use grant funds to 

provide technical assistance to eligible 

applicants and authorized public 

chartering agencies in opening and 

preparing for the operation of new 

charter schools and replicated highquality charter schools, and expanding 

high-quality charter schools; and to 

work with authorized public chartering 

agencies in the State to improve 

authorizing quality, including 

developing capacity for, and 

conducting, fiscal oversight and 

auditing of charter schools. State Entity 

grant funds may also be used for grant 

administration, which may include 

technical assistance and monitoring of 

subgrants for performance and fiscal 

and regulatory compliance, as required 

under 2 CFR 200.332(e). 

The CSP State Entity program 

provides financial assistance to State 

entities to support charter schools that 

serve elementary and secondary school 

students in States with a specific State 

statute authorizing the granting of 

charters to schools. Charter schools 

receiving funds under the CSP State 

Entity program may also serve students 

in early childhood education programs 

or postsecondary students. 

Assistance Listing Number: 84.282A. 

OMB Control Number: 1810–0767. 

Background: The major purposes of 

the CSP are to expand opportunities for 


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