Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices 7663 

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 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, regulations are promulgated 

(when applicable), and public notice 

and an opportunity for public comment 

are provided. 

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). If such findings are made, 

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 as 

‘‘mitigation’’); and requirements 

pertaining to the monitoring and 

reporting of such takings. 

NMFS promulgated a final rule in the 

Federal Register on February 14, 2024 

(89 FR 11342), which governs the 

incidental take of marine mammals 

incidental to Empire Wind’s 

construction of the Project in Federal 

and State waters offshore New York, 

specifically within the Bureau of Ocean 

Energy Management (BOEM) 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS) Lease 

Area OCS–A–0512 and along two export 

cable routes to sea-to-shore transition 

points. The rule became effective on 

February 22, 2024, and is valid through 

February 21, 2029. The regulations 

allow NMFS to approve requests for 

modification to the LOA’s specified 

activity or the mitigation, monitoring, or 

reporting measures if NMFS determines 

the requested change does not change 

the findings made for promulgation of 

the regulations and does not result in 

more than a minor change in the total 

estimated number of takes (see 50 CFR 

217.287(b)). 

NMFS issued a LOA to Empire Wind 

on February 22, 2024, and published a 

notice of issuance in the Federal 

Register on February 27, 2023 (89 FR 

14442). The LOA authorized Empire 

Wind to take, by harassment, marine 

mammals incidental to specified 

construction activities, specifically 

impact pile driving of wind turbine 

generator and offshore substation jacket 

foundations, vibratory pile driving of 

cofferdams and goal posts, pneumatic 

hammering of casing pipes, and highresolution geophysical vessel-based site 

characterization surveys, within the 

specified geographical region. 

Summary of Request and Analysis 

On December 4, 2024, NMFS received 

a request from Empire Wind to transfer 

the LOA to Empire Leaseholder LLC 

(Empire Leaseholder), an affiliate 

wholly owned by Empire Wind. To 

ensure safety during vessel transit, 

Empire Wind requested for NMFS to 

modify the LOA safety exemption 

language to include a provision for 

allowing deviations from the vessel 

strike avoidance requirements (LOA 

measure 3(b)) so Project vessels could 

maintain safe maneuvering speed when 

oceanographic, hydrographic, and/or 

meteorological conditions restrict vessel 

maneuverability. Empire Wind also 

requested revisions to the reporting 

timeline for bubble curtain performance 

and maintenance report for piles for 

which abbreviated sound field 

verification (SFV) monitoring is 

performed. These provisions will be 

more practicable and align with the 

Project’s Biological Opinion, issued on 

September 8, 2023. In addition, Empire 

Wind requested for NMFS to allow the 

Pile Driving Mitigation and Monitoring 

Plan (PDMMP) to specify the number 

and location of PAM operators and to 

allow the PAM Plan to specify PAM 

operator protocols during foundation 

pile driving, instead of these 

requirements being specified in the 

LOA. NMFS determined none of these 

changes will affect the amount, the type 

of take authorized, or our findings as 

described in the final rule. Therefore, 

we have modified the attached LOA, 

specifically measures 3(b), 3(c)(7)(v), 

and 4(c)(2), thus fulfilling Empire 

Wind’s request. 

In reviewing Empire Wind’s request, 

NMFS also recognized the need to 

update additional measures to improve 

clarity and better align the LOA with the 

Biological Opinion. NMFS moved the 

safety exemption for foundation pile 

driving to the beginning of the 

foundation pile driving section (LOA 

measure 3 (c)) to clarify that this 

measure applies to all foundation pile 

driving activities. In addition, NMFS 

modified the language for the maximum 

hammer energies ((3)(c)(2)) and soft start 

requirements ((3)(c)(4)) to provide 

additional flexibility for application of 

these requirements in the field. NMFS 

made minor revisions to the language in 

the mitigation and monitoring sections 

to improve the clarity of the 

requirements. To better align with the 

Biological Opinion, NMFS made minor 

revisions to the language in the sound 

field verification (SFV) monitoring 

requirements (LOA measures 3(c)(13)). 

NMFS also clarified the Protected 

Species Observer (PSO) and PAM 

Operator experience qualification 

requirements in section 4(a) of the LOA 

for foundation installation, cable 

landfall construction/marina activities, 

and high-resolution geophysical (HRG) 

surveys. NMFS’ evaluation of the 

requested and necessary additional LOA 

modifications indicated that these 

modifications would not change the 

amount or nature of anticipated impacts 

of activities on marine mammals. 

Specifically, none of the benefits of any 

of the mitigation or monitoring 

measures that have been modified here 

were considered quantitatively in the 

analyses (i.e., only the 10-decibel sound 

attenuation and seasonal restrictions 

were quantitatively considered such 

that take numbers were reduced). In 

consideration of the above, NMFS has 

determined that these modifications do 

not result in changes in the total 

estimated take numbers or otherwise 

change any of the findings made for the 

regulations. 

Authorization 

NMFS has issued a modified LOA to 

Empire Wind authorizing the take, by 

harassment, of small numbers of marine 

mammals incidental to specified 

construction activities associated with 

the Project, which includes the 

modified mitigation, monitoring, and 

reporting measures discussed herein. 

Dated: January 16, 2025. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2025–01469 Filed 1–21–25; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE606] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the New 

London Pier Extension Project at the 

Naval Submarine Base 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


lotter on DSK11XQN23PROD with NOTICES1
7664 Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: NMFS has received a request 

from the U.S. Navy (Navy) for the reissuance of a previously issued 

incidental harassment authorization 

(IHA) with the only change being 

effective dates. The initial IHA 

authorized take of six species of marine 

mammals, by Level B harassment, and 

for take of harbor seals, gray seals, and 

harp seals by Level A harassment, 

incidental to construction associated 

with the New London Pier Extension 

Project at the Naval Submarine Base 

(SUBASE) New London in Groton, 

Connecticut. The project has been 

delayed and none of the work covered 

in the initial IHA has been conducted. 

The scope of the activities and 

anticipated effects remain the same, 

authorized take numbers are not 

changed, and the required mitigation, 

monitoring, and reporting remains the 

same as included in the initial IHA. 

NMFS is, therefore, issuing a second 

identical IHA to cover the incidental 

take analyzed and authorized in the 

initial IHA. 

DATES: This IHA is effective from 

February 1, 2026, through January 31, 

2027. 

ADDRESSES: An electronic copy of the 

final 2024 IHA previously issued to the 

Navy, the Navy’s application, and the 

Federal Register notices proposing and 

issuing the initial IHA may be obtained 

by visiting https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-unitedstates-navys-construction-us-navalsubmarine-base-new. In case of 

problems accessing these documents, 

please call the contact listed below (see 

FOR FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Rachel Wachtendonk, Office of 

Protected Resources, NMFS, (301) 427– 

8401. 

SUPPLEMENTARY INFORMATION: 

Background 

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

Marine Mammal Protection Act (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 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. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

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). 

Summary of Request 

On June 14, 2024, NMFS published 

final notice of our issuance of an IHA 

authorizing take of marine mammals 

incidental to the New London Pier 

Extension Project at Naval the SUBASE 

New London in Groton, Connecticut (89 

FR 50565). The effective dates of that 

IHA were December 1, 2024, through 

November 30, 2025. On November 20, 

2024, the Navy informed NMFS that the 

project was delayed. None of the work 

identified in the initial IHA (e.g., pile 

driving and removal) has occurred. The 

Navy submitted a request that we issue 

an identical IHA that would be effective 

from February 1, 2026, through January 

31, 2027, in order to conduct the 

construction work that was analyzed 

and authorized through the previously 

issued IHA. Therefore, issuance of the 

IHA is appropriate. 

Summary of Specified Activity and 

Anticipated Impacts 

The planned activities (including 

mitigation, monitoring, and reporting), 

authorized incidental take, and 

anticipated impacts on the affected 

stocks are the same as those analyzed 

and authorized through the previously 

issued IHA. 

The purpose of this project is to 

extend the existing Pier 31 to provide 

two berths for a submarine platform that 

is approximately 80 ft longer than the 

existing submarines. The location, 

timing, and nature of the activities, 

including the types of equipment 

planned for use, are within scope of 

those described in the initial IHA. The 

mitigation and monitoring are also as 

prescribed in the initial IHA. 

Species that are expected to be taken 

by the planned activity include Atlantic 

white-sided dolphin (Lagenorhynchus 

acutus), harbor porpoise (Phocoena 

phocoena), gray seal (Halichoerus 

grypus), harbor seal (Phoca vitulina), 

and harp seal (Pagophilus 

groenlandicus). A description of the 

methods and inputs used to estimate 

take anticipated to occur and the take 

that was authorized is found in the 

Federal Register notice of the proposed 

IHA (89 FR 27717, April 18, 2024). The 

data inputs and methods of estimating 

take are identical to those used in the 

initial IHA. NMFS has reviewed recent 

Stock Assessment Reports, information 

on relevant Unusual Mortality Events, 

and recent scientific literature, and 

determined that our original analysis of 

impacts and take estimate under the 

initial IHA remains valid. 

We refer to the documents related to 

the previously issued IHA, which 

include the Federal Register notice of 

the issuance of the initial 2024 IHA for 

the Navy’s construction work (89 FR 

50565, June 14, 2024), the Navy’s 

application, the Federal Register notice 

of the proposed IHA (89 FR 27717, April 

18, 2024), and all associated references 

and documents. 

Determinations 

The Navy will conduct activities as 

analyzed in the initial 2024 IHA. As 

described above, the number of 

authorized takes of the same species and 

stocks of marine mammals are identical 

to the numbers that were found to meet 

the negligible impact and small 

numbers standards and authorized 

under the initial IHA and no new 

information has emerged that would 

change those findings. The new issued 

IHA includes identical required 

mitigation, monitoring, and reporting 

measures as the initial IHA, and there is 

no new information suggesting that our 

analysis or findings should change. 

Based on the information contained 

here and in the referenced documents, 

NMFS has determined the following: (1) 

the required mitigation measures will 

effect the least practicable impact on 

marine mammal species or stocks and 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 90, No. 13 / Wednesday, January 22, 2025 / Notices 7665 

their habitat; (2) the authorized takes 

will have a negligible impact on the 

affected marine mammal species or 

stocks; (3) the authorized takes 

represent small numbers of marine 

mammals relative to the affected stock 

abundances; and (4) the Navy’s 

activities will not have an unmitigable 

adverse impact on taking for subsistence 

purposes as no relevant subsistence uses 

of marine mammals are potentially 

effected by this action. 

National Environmental Policy Act 

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 National 

Environmental Policy Act review. 

NMFS has determined that the 

application of this categorical exclusion 

remains appropriate for this reissued 

IHA. 

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 authorized or expected to 

result from this activity. Therefore, 

NMFS determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

Authorization 

NMFS has issued an IHA to the Navy 

for in-water construction activities 

associated with the specified activity 

from February 1, 2026, through January 

31, 2027. All previously described 

mitigation, monitoring, and reporting 

requirements from the initial 2024 IHA 

are incorporated. 

Dated: January 15, 2025. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2025–01389 Filed 1–21–25; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

[NTIA–2024–0005] 

RIN: RIN 0660–XC065 

Impact of L-Band MSS ‘Direct-toDevice’ Operations on GPS 

Correction 

In notice document 2024–30760, 

appearing on pages 105542 through 

105553 in the issue of Friday, December 

27, 2024, make the following correction: 

On page 105552, at the bottom of the 

page, Figure 1 should appear as below. 

[FR Doc. C1–2024–30760 Filed 1–21–25; 8:45 am] 

BILLING CODE 0099–10–D 


lotter on DSK11XQN23PROD with NOTICES1EN22JA25.090</GPH>

0 

-1 

-2 

ffi -3 

:!:!. 

~ :::, 

0 "' -4 al 

N 

·c:: 

., 

0 

0. 

>, 

~ -5 

'E 

!! 

"' 

~ 

~ -6 

C: 

'<ii 

CJ 

-7 

-100 -80 -60 -40 -20 0 20 40 60 80 100 

Off boresight angle (deg) 

Figure 1. Representative HPR Antenna Gain Pattern Towards Vertically Polarized Source