Federal Register / Vol. 90, No. 14 / Thursday, January 23, 2025 / Notices 8009 

7See Memorandum, ‘‘Notice of Intent to Rescind 

Review,’’ dated September 19, 2024. 

8See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated December 9, 2024. 

9See, e.g., Dioctyl Terephthalate from the 

Republic of Korea: Rescission of Antidumping 

Administrative Review; 2021–2022, 88 FR 24758 

(April 24, 2023); see also Certain Carbon and Alloy 

Steel Cut- to Length Plate from the Federal Republic 

of Germany: Recission of Antidumping 

Administrative Review; 2020–2021, 88 FR 4157 

(January 24, 2023); and Lightweight Thermal Paper 

from Japan: Rescission of Antidumping 

Administrative Review; 2022–2023, 89 FR 18373 

(March 13, 2024). 

10See 19 CFR 351.212(b)(1). 

11See 19 CFR 351.213(d)(3). 

full because there were no reviewable, 

suspended entries of subject 

merchandise by any of the four 

companies listed in the Initiation Notice 

during the POR and invited comments 

from interested parties.7 No interested 

party submitted comments to Commerce 

in response to this notice. 

On December 9, 2024, Commerce 

tolled certain deadlines in this 

administrative proceeding by 90 days.8

The deadline for the preliminary results 

is now July 1, 2025. 

Rescission of Review 

Pursuant to 19 CFR 351.213(d)(3), it is 

Commerce’s practice to rescind an 

administrative review of an AD order 

when there are no reviewable entries of 

subject merchandise during the POR for 

which liquidation is suspended.9

Normally, upon completion of an 

administrative review, the suspended 

entries are liquidated at the AD 

assessment rate calculated for the 

review period.10 Therefore, for an 

administrative review to be conducted, 

there must be a reviewable, suspended 

entry that Commerce can instruct CBP 

to liquidate at the AD assessment rate 

calculated for the review period.11 As 

noted above, there were no entries of 

subject merchandise for the four 

companies listed in the Initiation Notice 

during the POR. Accordingly, in the 

absence of suspended entries of subject 

merchandise during the POR, we are 

hereby rescinding this administrative 

review, in its entirety, in accordance 

with 19 CFR 351.213(d)(3). 

Assessment 

Commerce will instruct CBP to assess 

antidumping duties on all appropriate 

entries. Antidumping duties shall be 

assessed at rates equal to the cash 

deposit of estimated antidumping duties 

required at the time of entry, or 

withdrawal from warehouse, for 

consumption, in accordance with 19 

CFR 351.212(c)(1)(i). Commerce intends 

to issue assessment instructions to CBP 

no earlier than 35 days after the date of 

publication of this rescission notice in 

the Federal Register. 

Administrative Protective Order (APO) 

This notice serves as the only 

reminder to parties subject to an APO of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation subject to sanction. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act, and 19 CFR 

351.213(d)(4). 

Dated: January 16, 2025. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2025–01565 Filed 1–22–25; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE522] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to National 

Oceanic and Atmospheric 

Administration Office of Marine and 

Aviation Operations Research Vessel 

Relocation at Naval Station Newport, 

Rhode Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed renewal incidental harassment 

authorization. 

SUMMARY: NMFS received a request from 

the U.S. Navy on behalf of the NOAA 

Office of Marine and Aviation 

Operations (OMAO) for the renewal of 

their currently active incidental 

harassment authorization (IHA) 

(hereinafter, the ‘‘Project’’) to take 

marine mammals incidental to 

construction activities associated with 

the relocation of NOAA research vessels 

at Naval Station Newport (NAVSTA) in 

Rhode Island. NOAA OMAO activities 

are nearly identical to those covered in 

the current authorization. Pursuant to 

the Marine Mammal Protection Act 

(MMPA), prior to issuing the currently 

active IHA, NMFS requested comments 

on both the proposed IHA and the 

potential for renewing the initial 

authorization if certain requirements 

were satisfied. The renewal 

requirements have been satisfied, and 

NMFS is now providing an additional 

15-day comment period to allow for any 

additional comments on the proposed 

renewal not previously provided during 

the initial 30-day comment period. 

DATES: Comments and information must 

be received no later than February 7, 

2025. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service, and should be 

submitted via email to ITP.taylor@

noaa.gov. Electronic copies of the 

original application, renewal request, 

and supporting documents (including 

NMFS Federal Register notices of the 

original proposed and final 

authorizations, and the previous IHA), 

as well as a list of the references cited 

in this document, may be obtained 

online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed below. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. All comments 

received are a part of the public record 

and will generally be posted online at 

https://www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act without 

change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Taylor, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 


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engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

proposed or, if the taking is limited to 

harassment, a notice of a proposed IHA 

is provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation’’); and 

requirements pertaining to the 

monitoring and reporting of the takings. 

The definition of all applicable MMPA 

statutory used above are included in the 

relevant sections below and can be 

found in section 3 of the MMPA (16 

U.S.C. 1362) and the NMFS’s 

implementing regulations at 50 CFR 

216.103. 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

1 year for each reauthorization. In the 

notice of proposed IHA for the initial 

IHA, NMFS described the circumstances 

under which we would consider issuing 

a renewal for this activity, and 

requested public comment on a 

potential renewal under those 

circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 1-year renewal of an IHA following 

notice to the public providing an 

additional 15 days for public comments 

when (1) up to another year of identical, 

or nearly identical, activities as 

described in the Detailed Description of 

Specified Activities section of the initial 

IHA issuance notice is planned or (2) 

the activities as described in the 

Description of the Specified Activities 

and Anticipated Impacts section of the 

initial IHA issuance notice would not be 

completed by the time the initial IHA 

expires and a renewal would allow for 

completion of the activities beyond that 

described in the DATES section of the 

notice of issuance of the initial IHA, 

provided all of the following conditions 

are met: 

1. A request for renewal is received no 

later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond 1 year from 

expiration of the initial IHA). 

2. The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take); and 

• A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized. 

3. Upon review of the request for 

renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

renewal. A description of the renewal 

process may be found on our website at: 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-harassment-authorizationrenewals. Any comments received on 

the potential renewal, along with 

relevant comments on the initial IHA, 

have been considered in the 

development of this proposed IHA 

renewal, and a summary of agency 

responses to applicable comments is 

included in this notice. NMFS will 

consider any additional public 

comments prior to making any final 

decision on the issuance of the 

requested renewal, and agency 

responses will be summarized in the 

final notice of our decision. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action (i.e., the issuance of a 

renewal IHA) with respect to potential 

impacts on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (incidental 

take authorizations with no anticipated 

serious injury or mortality) of the 

Companion Manual for NOAA 

Administrative Order 216–6A, which do 

not individually or cumulatively have 

the potential for significant impacts on 

the quality of the human environment 

and for which we have not identified 

any extraordinary circumstances that 

would preclude this categorical 

exclusion. Accordingly, NMFS 

determined that the issuance of the 

initial IHA qualified to be categorically 

excluded from further NEPA review. 

NMFS has preliminarily determined 

that the application of this categorical 

exclusion remains appropriate for this 

renewal IHA. 

History of Request 

On December 21, 2022, NMFS 

announced issuance of an IHA to NOAA 

OMAO to take marine mammals 

incidental to construction activities 

associated with vessel relocation at 

NAVSTA in Newport, RI (87 FR 78072), 

effective from February 1, 2024 through 

January 31, 2025. On November 15, 

2024, NMFS received an application for 

the renewal of that initial IHA. As 

described in the application for renewal 

IHA, the activities for which incidental 

take is requested consist of activities 

that are covered by the initial 

authorization but will not be completed 

prior to its expiration. As required, the 

applicant also provided a preliminary 

monitoring report which confirms that 

the applicant has implemented the 

required mitigation and monitoring, and 

which also shows that no impacts of a 

scale or nature not previously analyzed 

or authorized have occurred as a result 

of the activities conducted. 

Description of the Specified Activities 

and Anticipated Impacts 

NOAA OMAO’s initial IHA 

authorized take of marine mammals 

incidental to construction activities 

associated with NOAA research vessel 

relocation at NAVSTA in Newport, RI. 

NOAA OMAO plans to establish 

adequate pier, shoreside, and support 

facilities for four NOAA research vessels 

in Coddington Cove at NAVSTA. All 

facilities must meet NOAA docking and 

berthing requirements for the four 

relocated research vessels. As part of 

this activity, a new pier, trestle, and 

bulkhead have been constructed over a 

total of approximately 191 days. Due to 

unanticipated delays, NOAA OMAO 

will be unable to complete the 

remaining activities before the 

expiration date of the current IHA. The 


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remaining necessary activities include 

removal of abandoned guide piles along 

the bulkhead, demolition of the current 

floating dock, installation of gangway 

support piles and fender piles, 

installation and removal of piles for a 

construction template, and construction 

of a small boat floating dock. Vibratory 

pile driving and removal, impact pile 

driving, and down-the-hole (DTH) 

mono-hammer pile installation would 

be used to complete these remaining 

construction activities. Approximately 

110 days would be necessary to 

complete these remaining activities. 

The potential impacts of NOAA 

OMAO’s proposed activities on marine 

mammals could involve acoustic 

stressors and are unchanged from the 

impacts described in the notice of the 

proposed 2022 IHA (87 FR 66133, 

November 2, 2022). Underwater sound 

resulting from NOAA OMAO’s activities 

has the potential to result in incidental 

take of marine mammals in the form of 

Level A harassment and Level B 

harassment in the specified geographic 

region. 

This proposed renewal IHA is for the 

remainder of the work that will not be 

completed by the expiration date of the 

initial IHA. The renewal IHA would 

authorize incidental take, by Level A 

harassment and Level B harassment, of 

seven species (comprising seven stocks) 

of marine mammals for a subset of the 

construction activities to be completed 

in 1 year, in the same area, using 

identical construction methods 

(vibratory pile driving and removal, 

impact pile driving, and DTH monohammer pile installation) described in 

the initial IHA. Neither NOAA OMAO 

nor NMFS expect serious injury or 

mortality to result from this activity 

and, therefore, an IHA is appropriate. 

The anticipated effects on marine 

mammals and the affected stocks also 

remain the same. All mitigation, 

monitoring, and reporting measures 

would remain exactly as described in 

the Federal Register notice of the initial 

IHA (87 FR 78072, December 21, 2022). 

Detailed Description of the Activity 

A detailed description of the 

construction activities for which 

incidental take is proposed here may be 

found in the notices of the proposed 

IHA (87 FR 66133, November 2, 2022) 

and final IHA (87 FR 78072, December 

21, 2022) for the initial authorization. 

The location, timing, and nature of the 

activities, including the types of 

equipment planned for use, are nearly 

identical to those described in the 

previous notices. The only differences 

are in the timing of activities, as 

described here and in the renewal IHA 

request. The NOAA OMAO proposed 

trestle rotary drilling, over a total of 4 

in-water work days, and mono-hammer 

DTH drilling for bulkhead construction, 

over a total of 12 in-water work days. 

These actions were not required once 

construction activities began, thus there 

was a reduction of 16 in-water work 

days. In addition, 57 of the 30-inch steel 

pipe piles for the pier were installed 

incorrectly. These piles were cut at the 

mudline, but 57 new 30-inch steel pipe 

piles needed to be installed instead. The 

in-water work time for installing the 30- 

inch steel pipe piles was 4 piles/day, 

leading to an additional 15 in-water 

work days than was allotted for these 

piles. There was also a decrease of 45 

in-water work days due to the ability to 

use a construction template that 

accommodates 12 piles instead of 4 

piles. Lastly, construction activities did 

not occur concurrently, as previously 

proposed, and remaining construction 

activities are not proposed to occur 

concurrently. The proposed renewal 

would be effective for a period not 

exceeding 1 year from the date of 

expiration of the initial IHA. 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

authorization of take is proposed here, 

including information on abundance, 

status, distribution, and hearing, may be 

found in the Federal Register notice of 

the proposed initial IHA (87 FR 66133, 

November 2, 2022). NMFS has reviewed 

the monitoring data from the initial 

IHA, recent Stock Assessment Reports 

(SARs), information on relevant 

Unusual Mortality Events, and other 

scientific literature and determined 

there is no new information that affects 

which species or stocks have the 

potential to be affected or the pertinent 

information in the descriptions of 

marine mammals provided in the 

supporting documents for the initial 

IHA. Since the initial IHA was issued, 

NMFS released its final 2023 stock 

assessment reports (SARs). NMFS has 

reviewed the 2023 SARs, which 

included updates to certain stock 

abundances since the initial IHA was 

issued, information on relevant unusual 

mortality events (UME), and other 

scientific literature. The 2023 SARs 

updated information related to stock 

abundance for the common dolphin 

(172,974 to 93,100), harbor porpoise 

(95,543 to 85,765), and hooded seal 

(stock abundance is now unknown 

based upon uncertainty in available 

population estimates). Information 

related to the relatively small portion of 

the gray seal population found in U.S. 

waters was also updated. NMFS has 

determined that neither this nor any 

other new information affects which 

species or stocks have the potential to 

be affected or any other pertinent 

information in the Description of the 

Marine Mammals in the Area of 

Specified Activities contained in the 

supporting documents for the initial 

IHA. 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which an authorization of 

incidental take is proposed here may be 

found in the notice of the proposed IHA 

for the initial authorization (87 FR 

66133, November 2, 2022). NMFS has 

reviewed the monitoring data from the 

initial IHA, recent SARs, information on 

relevant Unusual Mortality Events, and 

other scientific literature, and 

determined that there is no new 

information that affects our initial 

analysis of impacts on marine mammals 

and their habitat. 

Estimated Take 

A detailed description of the methods 

used to estimate take for the specified 

activity are found in the notices of the 

proposed and final IHAs for the initial 

authorization (87 FR 66133, November 

2, 2022; 87 FR 78072, December 21, 

2022). Specifically, the action area and 

marine mammal density and occurrence 

data applicable to this authorization 

remain unchanged from the initial and 

modified IHA. Similarly, source levels, 

type of activity, methods of take, and 

types of take remain unchanged from 

the initial and modified IHA. However, 

there are changes to the estimated Level 

A harassment zones based on the 

revised amount of piles driven per day 

and the 2024 draft Technical Guidance, 

further discussed below. The estimated 

number of takes proposed for 

authorization is based on the subset of 

activities to be completed under this 

renewal IHA, and therefore represents a 

proportion of the initial authorized 

takes. These takes reflect the estimated 

remaining number of days of work and 

number of piles to be driven. Estimated 

take by Level A and Level B harassment 

was calculated using the same 

methodology as in the initial and 

modified IHA. 

On October 24, 2024 NMFS published 

(89 FR 84872) its final Updated 

Technical Guidance (https://

www.fisheries.noaa.gov/s3/2024-10/ 

Tech-Memo-Guidance-3.0-OCT2024- 

508-OPR1.pdf), which includes updated 

thresholds and weighting functions to 

inform auditory injury estimates and is 


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replacing the 2018 Technical Guidance 

referenced in the notices of the 

proposed and final IHAs for the initial 

authorization (87 FR 66133, November 

2, 2022; 87 FR 78072, December 21, 

2022). In consideration of the best 

available science, NMFS conducted 

calculations using the Updated 

Technical Guidance and NMFS optional 

user spreadsheet, using the source levels 

and spreadsheet inputs provided in the 

notices for the proposed and final IHAs 

(87 FR 66133, November 2, 2022; 87 FR 

78072, December 21, 2022), for the 

purpose of understanding how Level A 

harassment (auditory injury) zones 

might change from the initial IHA. The 

relevant updated weighting functions 

may be found in the executive summary 

of the Updated Technical Guidance 

NMFS, 2024), on pg. 3. The updated 

marine mammal hearing groups and 

updated thresholds can be found in 

tables 1 and 2. 

TABLE 1—MARINE MAMMAL HEARING GROUPS

[NMFS, 2024] 

Hearing group Generalized hearing 

range * 

Low-frequency (LF) cetaceans (baleen whales) ......................................................................................................................... 7 Hz to 36 kHz. 

High-frequency (HF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ............................................. 150 Hz to 160 kHz. 

Very High-frequency (VHF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger & 

L. australis).

200 Hz to 165 kHz. 

Phocid pinnipeds (PW) (underwater) (true seals) ....................................................................................................................... 40 Hz to 90 kHz. 

Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) .................................................................................................. 60 Hz to 68 kHz. 

* Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ 

hearing ranges may not be as broad. Generalized hearing range chosen based on ∼65 dB threshold from composite audiogram, previous analysis in NMFS 2018, and/or data from Southall et al., 2007; Southall et al., 2019. Additionally, animals are able to detect very loud sounds above 

and below that ‘‘generalized’’ hearing range. 

TABLE 2—ONSET OF AUDITORY INJURY (AUD INJ) 

[NMFS, 2024] 

Hearing group 

AUD INJ onset thresholds * 

(received level) 

Impulsive Non-impulsive 

Low-Frequency (LF) Cetaceans .................................... Cell 1: Lp,0-pk,flat: 222 dB; LE,p,LF,24h: 183 dB ............... Cell 2: LE,p,LF,24h: 197 dB. 

High-Frequency (HF) Cetaceans .................................. Cell 3: Lp,0-pk,flat: 230 dB; LE,p,HF,24h: 193 dB ............... Cell 4: LE,p,HF,24h: 201 dB. 

Very High-Frequency (VHF) Cetaceans ....................... Cell 5: Lp,0-pk,flat: 202 dB; LE,p,VHF,24h: 159 dB ............. Cell 6: LE,p,VHF,24h: 181 dB. 

Phocid Pinnipeds (PW) (Underwater) ........................... Cell 7: Lp,0-pk.flat: 223 dB; LE,p,PW,24h: 183 dB .............. Cell 8: LE,p,PW,24h: 195 dB. 

Otariid Pinnipeds (OW) (Underwater) ........................... Cell 9: Lp,0-pk,flat: 230 dB; LE,p,OW,24h: 185 dB .............. Cell 10: LE,p,OW,24h: 199 dB. 

* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating AUD INJ onset. If a non-impulsive 

sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds are recommended for consideration. 

Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1 μPa, and weighted cumulative sound exposure level (LE,p) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to be more reflective of International Organization for Standardization standards (ISO, 2017). The subscript ‘‘flat’’ is being included to indicate peak sound pressure are flat weighted or unweighted within the generalized 

hearing range of marine mammals (i.e., 7 Hz to 165 kHz). The subscript associated with cumulative sound exposure level thresholds indicates 

the designated marine mammal auditory weighting function (LF, HF, and VHF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The weighted cumulative sound exposure level thresholds could be exceeded in a multitude of 

ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under 

which these thresholds will be exceeded. 

NMFS has also considered whether 

modifications to mitigation 

requirements, i.e., shutdown zones, 

would be appropriate in light of the 

Updated Technical Guidance. Based on 

the outcome of these analyses using the 

Updated Technical Guidance, updated 

Level A harassment zones are presented 

in table 3 as well as the Level A 

harassment zones from the initial IHA, 

based on the 2018 Technical Guidance, 

for comparison. Mitigation zones, in 

consideration of the Updated Technical 

Guidance where appropriate, are 

discussed in Description of Proposed 

Mitigation, Monitoring, and Reporting 

Measures section. Although some 

estimated Level A harassment zones 

have increased using the 2024 guidance, 

consistent with the initial IHA, take by 

Level A harassment for these species is 

not expected to exceed the amount of 

take initially authorized, in 

consideration of the reduced number of 

days of construction activity remaining. 

Maximum distances to the Level A 

harassment threshold for remaining 

construction activities are shown in 

table 3. 

TABLE 3—REMAINING CONSTRUCTION ACTIVITIES AND MAXIMUM DISTANCES TO THE LEVEL A HARASSMENT THRESHOLDS

Structure Pile size/type Number of 

piles Activity Total days 

Level A harassment distance 

(m) (auditory injury onset) 1

Hf cetaceans 2 Vhf cetaceans 2 Phocids 

Abandoned guide piles 

along bulkhead.

12-inch steel pipe pile .. 3 Vibratory extract (nonimpulsive).1 1.8 (0.3) 3.9 (5.3) 6.2 (2.2) 

Floating dock demolition.12-inch timber pile ....... 4 Vibratory extract (nonimpulsive).1 1.4 (0.2) 3.0 (4.0) 4.7 (1.7) 


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TABLE 3—REMAINING CONSTRUCTION ACTIVITIES AND MAXIMUM DISTANCES TO THE LEVEL A HARASSMENT

THRESHOLDS—Continued 

Structure Pile size/type Number of 

piles Activity Total days 

Level A harassment distance 

(m) (auditory injury onset) 1

Hf cetaceans 2 Vhf cetaceans 2 Phocids 

Fender Piles ................. 16-inch steel pipe template pile.96 Vibratory install/extract 

(non-impulsive).

48 5.0 (1.1) 10.6 (18.7) 16.8 (7.7) 

16-inch steel pipe pile .. 201 Vibratory install (nonimpulsive).48 6.6 (0.9) 13.9 (14.3) 22.0 (5.9) 

Gangway support 

piles 3.

18-inch steel pipe pile .. 4 Vibratory/impact (nonimpulsive/impulsive).2 4.1 (0.7) 8.8 (11.8) 13.8 (4.8) 

4 Impact install (impulsive).2 68.8 (19.3) 834.6 (644.8) 479.1 (289.7) 

Small Boat Floating 

Dock.

36-inch steel casing/ 

shaft guide pile with 

rock socket.

2 Vibratory install (nonimpulsive).2 30.4 (5.2) 64.6 (86.6) 101.8 (35.6) 

2 Impact install (impulsive).2 127.0 (35.5) 1,539.8 (1,189.5) 883.9 (534.4) 

2 DTH mono-hammer 

(impulsive/non-impulsive).

2 260.9 (73.0) 3,164.2 (2,444.5) 1,816.5 (1,098.2) 

16-inch steel pipe template pile.4 Vibratory install/extract 

(non-impulsive).

2 6.6 (1.1) 13.9 (18.7) 22.0 (7.7) 

1 Level A harassment zones from the initial IHA are shown in parentheses. 

2 Hf cetaceans = high-frequency cetaceans; vhf cetaceans = very high frequency cetaceans. 

3Gangway support piles would be in support of the small boat floating dock. 

In this proposed renewal, use of the 

Updated Technical Guidance results in 

changes to the estimated Level A 

harassment zones, but there are no 

changes to the estimated Level B 

harassment zones. The updated Level A 

harassment zones are used to inform our 

understanding of potential take by Level 

A harassment. In table 4, total take 

numbers are based on the methodology 

that was included in the previous 

authorizations, incorporating the 

previously described changes (number 

of piles per day and the Updated 

Technical Guidance). Takes are a 

proportion of the initial authorized 

takes and based on the days of work 

included in this renewal IHA. Level A 

harassment numbers have been held 

constant in reflection of the increases to 

estimated Level A harassment zone 

sizes. Proposed mitigation zones, in 

consideration of the updated isopleths, 

are discussed in the Proposed 

Mitigation section. 

The number of takes proposed for 

authorization are a subset of the initial 

authorized takes, reflective of the 

updated generalized hearing ranges and 

distances to the Level A harassment 

threshold. The source levels, stocks 

taken, density values, methods of take, 

and types of take remain unchanged 

from the initial IHA. Estimated takes by 

Level A harassment and Level B 

harassment, based upon the number of 

remaining in-water work days, are 

indicated in table 4. 

TABLE 4—PROPOSED NUMBER OF TAKES LEVEL A HARASSMENT AND LEVEL B HARASSMENT, BY SPECIES AND STOCK

AND PERCENT OF TAKE BY STOCK

Species Scientific name Stock Abundance 

2022 authorized take 2024 proposed renewal 

Take by Level 

A harassment 

Take by Level 

B harassment 

Proposed take 

by Level A 

harassment 

Proposed take 

by Level B 

harassment 

Max percent 

population 

Atlantic white-sided 

dolphin.

Lagenorhynchus 

acutus.

Western North Atlantic.

1 93,233 0 16 0 2 (3) 16 0.017 

Common dolphin ..... Delphinus delphis ... Western North Atlantic.

1 93,100 0 39 0 2 (10) 28 0.030 

Harbor porpoise ....... Phocoena 

phocoena.

Gulf of Maine/Bay of 

Fundy.

1 85,765 2 40 2 11 0.015 

Harbor seal .............. Phoca vitulina ......... Western North Atlantic.61,336 56 2,067 56 536 0.965 

Gray seal ................. Halichoerus grypus Western North Atlantic.

3 27,911 11 437 11 113 0.444 

Harp seal ................. Pagophilus 

groenlandicus.

Western North Atlantic.7.6 M 4 164 4 43 0.00006 

Hooded seal ............ Cystophora cristata Western North Atlantic.UNK 0 10 0 4 5 UNK 

1This estimate has been updated in the 2023 final stock assessment report. 

2Proposed take has been increased to mean group size (NUWC, 2017) for each species for which take estimates are less than mean group size. Calculated take 

estimate is in parentheses. 3This abundance estimate applies to the U.S. population only. The maximum percent population requested for take is based upon the total stock abundance for the 

U.S. and Canada which is approximately 394,311 seals. 4 In the initial IHA, NOAA OMAO conservatively requested 1 take by Level B harassment of hooded seal per month of construction when this species may occur in 

the project area (January through May). Although NOAA OMAO estimated 1 take by Level B harassment of hooded seal for this renewal request, NMFS has increased this proposed take to 1 take by Level B harassment of hooded seal per month, January through May. 


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Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

The mitigation, monitoring, and 

reporting measures proposed here are 

identical to those included in the 

Federal Register notice announcing the 

issuance of the initial IHA (87 FR 78072, 

December 21, 2022). In addition, the 

discussion of the least practicable 

adverse impact included in those 

documents as well as the notice of the 

proposed IHA (87 FR 66133, November 

2, 2022) remains accurate. NMFS 

proposes the following measures for this 

renewal IHA: 

Implementation of shutdown zones: 

Marine mammal shutdown zones must 

be implemented for all pile driving 

activities. As shutdown zones are based 

upon the Level A harassment zone for 

each pile type/size and activity, 

shutdown zones have been updated 

since the issuance of the initial IHA (87 

FR 78072, December 21, 2022) and are 

shown in table 5. However, as in the 

initial IHA, required shutdown zones 

would be limited to a radial distance of 

200 m from the acoustic source (87 FR 

78072, December 21, 2022). Shutdown 

zones must be implemented and 

monitored by NMFS-approved protected 

species observers (PSOs) as follows: 

• A minimum shutdown zone of 10 m 

would be applied for all in-water 

construction activities if the Level A 

harassment zone is less than 10 meters 

(m); 

• If an activity is delayed or halted 

due to the presence of a marine 

mammal, the activity may not 

commence or resume until either the 

animal has voluntarily exited and been 

visually confirmed beyond the 

shutdown zone indicated in table 4 or 

15 minutes have passed without redetection of the animal; and 

• Construction activities must be 

halted upon observation of a species for 

which incidental take is not authorized 

or a species for which incidental take 

has been authorized but the authorized 

number of takes has been met entering 

or within the harassment zone. 

If a marine mammal enters the Level 

B harassment zone, in-water work 

would proceed and PSOs would 

document the marine mammal’s 

presence and behavior. Level B 

harassment zones remain unchanged 

since issuance of the initial IHA and are 

shown in table 12 of the Federal 

Register notice of the final IHA (87 FR 

78072, December 21, 2022). 

TABLE 5—SHUTDOWN ZONES BY ACTIVITY

Pile type/size Driving method 

Shutdown zone 

(m) 

Cetaceans Pinnipeds 

12-inch steel pipe ................................................... Vibratory ................................................................. 10 10 

12-inch timber ......................................................... Vibratory extraction ................................................ 10 10 

16-steel pipe ........................................................... Vibratory install/extract ........................................... 15 22 

18-steel pipe ........................................................... Impact install .......................................................... 1 200 1 200 

Vibratory install ....................................................... 10 15 

36-steel pipe ........................................................... Impact install .......................................................... 1 200 1 200 

Vibratory install ....................................................... 65 102 

36-inch shafts ......................................................... DTH Mono-hammer ............................................... 1 200 1 200 

1 Distance to shutdown zone distances limited to 200 m from the acoustic source, as described in the Federal Register notices for the proposed and final initial IHA (87 FR 66133, November 2, 2022; 87 FR 78072, December 21, 2022). 

Visual Monitoring—Monitoring must 

be conducted by NMFS-approved PSOs 

with minimum qualifications as 

described in the Federal Register 

notices for the proposed and final initial 

IHA (87 FR 66133, November 2, 2022; 

87 FR 78072, December 21, 2022). 

Visual monitoring would be conducted 

by a minimum of two trained PSOs 

positioned at suitable vantage points. 

Any activity for which the Level B 

harassment isopleth would exceed 1,900 

meters would require a minimum of 

three PSOs to effectively monitor the 

entire Level B harassment zone. Where 

a team of three or more PSOs is 

required, a lead observer or monitoring 

coordinator would be designated. PSOs 

would likely be located on Gould Island 

South, Gould Island Pier, Coddington 

Point, Bishop Rock, Breakwater, or 

Taylor Point as shown in figure 11–1 in 

the application for the initial IHA. The 

lead observer would be required to have 

prior experience working as a marine 

mammal observer during construction. 

All PSOs would have access to highquality binoculars, range finders to 

monitor distances, and a compass to 

record bearing to animals as well as 

radios or cells phones for maintaining 

contact with work crews. 

Monitoring would be conducted 30 

minutes before, during, and 30 minutes 

after all in water construction activities. 

In addition, PSOs would record all 

incidents of marine mammal 

occurrence, regardless of distance from 

activity, and would document any 

behavioral reactions in concert with 

distance from piles being driven or 

removed. Pile driving activities include 

the time to install or remove a single 

pile or series of piles, as long as the time 

elapsed between uses of the pile driving 

equipment is no more than 30 minutes. 

Pre-start Clearance Monitoring—Prior 

to the start of daily in-water 

construction activity, or whenever a 

break in pile driving of 30 minutes or 

longer occurs, PSOs would monitor the 

shutdown, Level A harassment, and 

Level B harassment for a period of 30 

minutes. Pile driving may commence 

following 30 minutes of observation 

when the determination is made that the 

shutdown zones are clear of marine 

mammals. If a marine mammal is 

observed within the shutdown zones 

listed in table 4, construction activity 

would be delayed until the animal has 

voluntarily exited and been visually 

confirmed beyond the shutdown zone 

indicated in table 4 or has not been 

observed for 15 minutes. When a marine 

mammal for which Level B harassment 

take is authorized is present in the Level 

B harassment zone, activities would 

begin or continue, and an observation of 

the marine mammal occurrence in the 

Level B harassment zone would be 

recorded. A determination that the 

shutdown zone is clear must be made 

during a period of good visibility (i.e., 

the entire shutdown zone and 

surrounding waters are visible). If the 

shutdown zone is obscured by fog or 

poor lighting conditions, in-water 

construction activity would not be 

initiated until the entire shutdown zone 

is visible. 

Soft Start—Soft-start procedures are 

used to provide additional protection to 

marine mammals by providing warning 

and/or giving marine mammals a chance 

to leave the area prior to the hammer 

operating at full capacity. For impact 


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Federal Register / Vol. 90, No. 14 / Thursday, January 23, 2025 / Notices 8015 

pile driving, contractors would be 

required to provide an initial set of three 

strikes from the hammer at reduced 

energy, followed by a 30-second waiting 

period, then two subsequent reducedenergy strike sets. Soft start would be 

implemented at the start of each day’s 

impact pile driving and at any time 

following cessation of impact pile 

driving for a period of 30 minutes or 

longer. 

Hydro-acoustic Monitoring—NOAA 

OMAO would implement in situ 

acoustic monitoring efforts to measure 

sound pressure levels (SPLs) from inwater construction activities by 

collecting and evaluating acoustic 

sound recording levels during activities. 

Stationary hydrophones would be 

placed 33 ft (10 m) from the noise 

source, in accordance with NMFS’ most 

recent guidance for the collection of 

source levels. If there is the potential for 

Level A harassment, a second 

monitoring location would be set up at 

an intermediate distance between 

cetacean/phocid shutdown zones and 

Level A harassment zones. 

Hydrophones would be deployed with a 

static line from a stationary vessel. 

Locations of hydro-acoustic recordings 

would be collected via GPS. A depth 

sounder and/or weighted tape measure 

would be used to determine the depth 

of the water. The hydrophone would be 

attached to a weighted nylon cord or 

chain to maintain a constant depth and 

distance from the pile area. The nylon 

cord or chain would be attached to a 

float or tied to a static line. 

Each hydrophone would be calibrated 

at the start of each action and would be 

checked frequently to the applicable 

standards of the hydrophone 

manufacturer. Environmental data 

would be collected, including but not 

limited to, the following: wind speed 

and direction, air temperature, 

humidity, surface water temperature, 

water depth, wave height, weather 

conditions, and other factors that could 

contribute to influencing the airborne 

and underwater sound levels (e.g., 

aircraft, boats, etc.). The chief inspector 

would supply the acoustics specialist 

with the substrate composition, hammer 

or drill model and size, hammer or drill 

energy settings and any changes to those 

settings during the piles being 

monitored, depth of the pile being 

driven or shaft excavated, and blows per 

foot for the piles monitored. For 

acoustically monitored piles and shafts, 

data from the monitoring locations 

would be post-processed to obtain the 

following sound measures: 

• Maximum peak pressure level 

recorded for all the strikes associated 

with each pile or shaft, expressed in dB 

re 1 mPa. For pile driving and DTH 

mono-hammer excavation, this 

maximum value would originate from 

the phase of pile driving/drilling during 

which hammer/drill energy was also at 

maximum (referred to as level 4); and 

• From all the strikes associated with 

each pile occurring during the level 4 

phase these additional measures would 

be made: mean, median, minimum, and 

maximum root mean square (RMS) 

pressure level in [dB re 1 mPa]; mean 

duration of a pile strike (based on the 90 

percent energy criterion); and number of 

hammer strikes. The cumulative SEL 

would be computed from all the strikes 

associated with each pile occurring 

during all phases, (i.e., soft-start, level 1 

to level 4). This measure is defined as 

the sum of all single strike SEL values. 

The sum is taken of the antilog, with 

log10 taken of result to express in [dB 

re mPa2 s]. 

Hydro-acoustic monitoring would be 

conducted for at least 10 percent and up 

to 10 of each different pile type for each 

method of installation as shown in 

Table 13–1 in the application for the 

initial IHA. All acoustic data would be 

analyzed after the project period for pile 

driving and DTH mono-hammer 

excavation events to confirm SPLs and 

rate of transmission loss for each 

construction activity. 

Training—NOAA OMAO and the 

Navy shall conduct briefings between 

construction supervisors and crews, 

PSOs, NOAA OMAO and Navy staff 

prior to the start of all pile driving 

activities and when new personnel join 

the work. These briefings would explain 

responsibilities, communication 

procedures, marine mammal monitoring 

protocol, and operational procedures. 

Reporting—PSOs must record specific 

information as described in the Federal 

Register notice of the issuance of the 

initial IHA (87 FR 78072, December 21, 

2022). NOAA OMAO would submit a 

draft marine mammal monitoring report 

to NMFS within 90 days after the 

completion of pile driving activities, or 

60 days prior to a requested date of 

issuance of any future IHAs for the 

project, or other projects at the same 

location, whichever comes first. If no 

comments are received from NMFS 

within 30 days, the draft report would 

constitute the final report. If comments 

are received, a final report addressing 

NMFS’ comments would be required to 

be submitted within 30 days after 

receipt of comments. All PSO datasheets 

and/or raw sighting data would be 

submitted with the draft marine 

mammal report. NOAA OMAO must 

also provide a hydro-acoustic 

monitoring report based upon hydroacoustic monitoring conducted during 

construction activities as described in 

the Federal Register notice for the 

issuance of the initial IHA (87 FR 78072, 

December 21, 2022). 

In the event that personnel involved 

in the construction activities discover 

an injured or dead marine mammal, 

NOAA OMAO would report the 

incident to the Office of Protected 

Resources (OPR) 

(PR.ITP.MonitoringReports@noaa.gov), 

NMFS and to the Northeast Region 

(GARFO) regional stranding coordinator 

as soon as feasible. If the death or injury 

was clearly caused by the specified 

activity, NOAA OMAO would 

immediately cease the specified 

activities until NMFS is able to review 

the circumstances of the incident and 

determine what, if any, additional 

measures are appropriate to ensure 

compliance with the terms of the IHAs. 

NOAA OMAO would not resume their 

activities until notified by NMFS. 

Comments and Responses 

As noted previously, NMFS published 

a notice of a proposed IHA (87 FR 

66133, November 2, 2022) and solicited 

public comments on both our proposal 

to issue the initial IHA for construction 

activities associated with the relocation 

of NOAA vessels to NAVSTA and on 

the potential for a renewal IHA, should 

certain requirements be met. No public 

comments were received on the 

proposed IHA. 

Preliminary Determinations 

NOAA OMAO’s activities are a subset 

but otherwise unchanged from those 

analyzed in support of the initial IHA. 

The effects of the activity, taking into 

consideration the proposed mitigation 

and related monitoring measures, 

remain unchanged from those evaluated 

in support of the initial IHA. 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA. This includes 

consideration of the updated acoustic 

guidance resulting in updated distances 

to the Level A harassment thresholds 

and estimated abundance of common 

dolphin and harbor porpoise stocks 

decreasing slightly based upon the 2023 

SAR. Based on the information and 

analysis contained here and in the 

referenced documents, NMFS has 

preliminarily determined the following: 

(1) the required mitigation measures 

will effect the least practicable impact 

on marine mammal species or stocks 

and their habitat; (2) the authorized 

takes will have a negligible impact on 

the affected marine mammal species or 

stocks; (3) the authorized takes 


ddrumheller on DSK120RN23PROD with NOTICES1
8016 Federal Register / Vol. 90, No. 14 / Thursday, January 23, 2025 / Notices 

represent small numbers of marine 

mammals relative to the affected stock 

abundances; (4) NOAA OMAO’s 

activities will not have an unmitigable 

adverse impact on taking for subsistence 

purposes as no relevant subsistence uses 

of marine mammals are implicated by 

this action, and; (5) appropriate 

monitoring and reporting requirements 

are included. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

Species Act of 1973 (ESA: 16 U.S.C. 

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

No incidental take of ESA-listed 

species is proposed for authorization or 

expected to result from this activity. 

Therefore, NMFS has determined that 

formal consultation under section 7 of 

the ESA is not required for this 

proposed action. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a renewal IHA to NOAA OMAO for 

conducting construction activities 

associated with NOAA vessel relocation 

at NAVSTA in Newport, RI through 

January 31, 2026, provided the 

previously described mitigation, 

monitoring, and reporting requirements 

are incorporated. A draft of the 

proposed and final initial IHA can be 

found at https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. We request comment on our 

analyses, the proposed renewal IHA, 

and any other aspect of this notice. 

Please include with your comments any 

supporting data or literature citations to 

help inform our final decision on the 

request for this renewal IHA. 

Dated: January 17, 2025. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2025–01617 Filed 1–22–25; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

Withdrawal of the Notice of Intent To 

Prepare a Draft Environmental Impact 

Statement (DEIS) for the Riverport 

Development and Proposed New 

Interchange on I–95 in Jasper County, 

South Carolina 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of intent; withdrawal. 

SUMMARY: The U.S. Army Corps of 

Engineers, Charleston District (the 

Corps) is issuing this notice to advise 

Federal, State, and local governmental 

agencies and the public that the Corps 

is withdrawing the notice of intent to 

prepare a Draft Environmental Impact 

Statement (DEIS) for the Riverport 

Development and Proposed New 

Interchange on I–95 in Jasper County, 

South Carolina. 

DATES: The notice of intent to prepare a 

DEIS in the Federal Register on August 

1, 2014 (79 FR 44756), is withdrawn as 

of January 23, 2025. 

ADDRESSES: U.S. Army Corps of 

Engineers, Charleston District; Attn: 

Leslie Estill, 69A Hagood Avenue, 

Charleston, SC 29403. 

FOR FURTHER INFORMATION CONTACT: For 

further information and/or questions 

about withdrawal of the Notice of 

Intent, please contact Leslie Estill, 

Project Manager, by email: 

Leslie.A.Estill@usace.army.mil, or by 

mail: Leslie Estill, Project Manager, 

Regulatory Division, 69A Hagood 

Avenue, Charleston, South Carolina 

29403. For media inquiries, please 

contact the Corps, Charleston District 

Corporate Communications Officer 

(CCO), Ms. Glenn Jeffries by telephone: 

(843) 329–8123. 

SUPPLEMENTARY INFORMATION: The Corps 

is evaluating an updated (third) DA 

permit application, dated September 27, 

2022, from SLF III—Hardeeville, LLC 

(aka Stratford Land) for the RiverportExit 3 project (SAC–2010–00064) in 

accordance with Corps regulations and 

the policies and procedures that are 

established in the National 

Environmental Policy Act (NEPA). The 

proposed Riverport-Exit 3 project 

requires authorization under section 404 

of the Clean Water Act (33 U.S.C. 1344), 

and the Corps previously advertised a 

public notice for the updated (third) DA 

permit application on November 23, 

2022 (see https://

www.sac.usace.army.mil/Missions/ 

Regulatory/Public-Notices/Article-View/ 

Article/3226964/sac-2010-00064/). The 

Riverport-Exit 3 project consists of the 

construction of a mixed-use 

development including industrial, 

commercial, civic, and residential uses. 

In detail, the proposed project is a 

master planned development at the 

4,304.65-acre Riverport Tract situated 

north and south of I–95, with 

improvements to the existing two-lane 

Purrysburg Road as well as a new 

interchange with I–95 at Mile Marker 3. 

The residential development (including 

3,339 residential dwelling units) would 

occupy the project area north of I–95, 

the commercial and civic development 

(2.6 million square feet of space to 

include restaurant and hotel, grocery 

store, hospital, and office/retail space) 

would be situated along both sides of 

the new interchange, and the industrial 

development (including over 10.6 

million square feet of warehouse space) 

would occupy the southern portion of 

the site. A portion of Purrysburg Road 

would be replaced by the proposed 

Riverport Parkway, which would be a 

divided roadway for the length of the 

development, crossing I–95 at Exit 3 

(proposed). The southern industrial 

portion of Riverport Parkway would be 

four-lanes, and the northern residential 

portion of Riverport Parkway would be 

two-lanes. 

On August 1, 2014, the Corps issued 

a Notice of Intent to prepare a DEIS for 

the Riverport Development and 

Proposed New Interchange on I–95 in 

Jasper County, South Carolina (SAC– 

2010–00064) (the Riverport-Exit 3 

project). Over the last ten years, the 

permit applicant, SLF III—Hardeeville, 

LLC (aka Stratford Land), has 

substantially modified the proposed 

master plan and the footprint of the 

proposed Riverport-Exit 3 project 

several times. As a result, the updated 

(third) Department of the Army (DA) 

permit application for the Riverport-Exit 

3 project, dated September 27, 2022, has 

also changed substantially. For instance, 

the overall project footprint has 

decreased from 5,136 acres to 

approximately 4,304.65 acres, impacts 

to waters of the United States have 

decreased from 102.16 acres to 46.26 

acres, and the mitigation plan has been 

updated to include an increase that 

results in obtaining 50% more credit 

than what is the required amount. Due 

to these developments, the Corps has 

elected to proceed with preparing an 

Environmental Assessment (EA) to 

evaluate the potential significance of the 

updated (third) DA permit application 

for the Riverport-Exit 3 project (see 40 

CFR 1501.3(c)(2) and 1501.5(a)) and 

withdraw the notice of intent to prepare 

a DEIS for the earlier version of the 


ddrumheller on DSK120RN23PROD with NOTICES1