40468 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

Updated list of Members (within the 

meaning of section 325.2(l) of the 

Regulations (15 CFR 325.2(l)): 

Egan Fruit Packing, LLC, Ft. Pierce, 

Florida 

Golden River Fruit Co., Vero Beach, 

Florida 

Heller Brothers Packing Corp., Winter 

Garden, Florida 

Indian River Exchange Packers, Inc., 

Vero Beach, Florida 

The Packers of Indian River, Ltd., Ft. 

Pierce, Florida 

Premier Citrus Marketing, LLC, Vero 

Beach, Florida 

River One International Marketing, Inc., 

Vero Beach, Florida 

Riverfront Packing Co. LLC, Vero Beach, 

Florida 

The effective date of the amended 

certificate is April 14, 2021, the date on 

which FCE’s application to amend was 

deemed submitted. 

Dated: July 23, 2021. 

Joseph Flynn, 

Director, Office of Trade and Economic 

Analysis, International Trade Administration, 

U.S. Department of Commerce. 

[FR Doc. 2021–16074 Filed 7–27–21; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB256] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Floating Dry 

Dock Project at Naval Base San Diego 

in San Diego, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of incidental 

harassment authorization. 

SUMMARY: NMFS has received a request 

from the United States 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 one species of marine 

mammals, by Level B harassment, 

incidental to construction associated 

with the Floating Dry Dock Project at 

Naval Base San Diego in San Diego, 

California. The project has been delayed 

and none of the work covered in the 

initial IHA has been conducted. The 

initial IHA was effective from 

September 15, 2020, through September 

14, 2021. The Navy has requested reissuance with new effective dates of 

September 15, 2021, through September 

14, 2022. 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 authorization is effective 

from September 15, 2021, through 

September 14, 2022. 

ADDRESSES: An electronic copy of the 

final 2020 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 www.fisheries.noaa.gov/ 

action/incidental-take-authorization-usnavy-floating-dry-dock-project-navalbase-san-diego. In case of problems 

accessing these documents, please call 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Dwayne Meadows, Ph.D., 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 1, 2020, NMFS published 

final notice of our issuance of an IHA 

authorizing take of marine mammals 

incidental to the Floating Dry Dock 

Project at Naval Base San Diego in San 

Diego, California (85 FR 33129). The 

effective dates of that IHA were 

September 15, 2020, through September 

14, 2021. On July 12, 2021, the Navy 

informed NMFS that the project was 

delayed. None of the work identified in 

the initial IHA (e.g., pile driving) has 

occurred. The Navy submitted a request 

that we reissue an identical IHA that 

would be effective from September 15, 

2021, through September 14, 2022, in 

order to conduct the construction work 

that was analyzed and authorized 

through the previously issued IHA. 

Therefore, re-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 the Navy’s 

construction project is to ensure the 

Naval Base San Diego’s capability to 

conduct berth-side repair and 

maintenance of vessels. The need for the 

proposed action is to construct a 

floating dry dock by support by 

installing two mooring dolphins, fender 

piles, and a concrete ramp wharf and 

vehicle bridge. The location, timing, and 

nature of the activities, including the 

types of equipment planned for use, are 

identical to those described in the initial 

IHA. The mitigation and monitoring are 

also as prescribed in the initial IHA. 

The only species that is expected to 

be taken by the planned activity is 

California sea lions (Zalophus 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40469 

californianus). A description of the 

methods and inputs used to estimate 

take anticipated to occur and, 

ultimately, the take that was authorized 

is found in the previous documents 

referenced above. 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 

no new information affects our original 

analysis of impacts or take estimate 

under the initial IHA. 

We refer to the documents related to 

the previously issued IHA, which 

include the Federal Register notice of 

the issuance of the initial 2020 IHA for 

the Navy’s construction work (85 FR 

33129; June 1, 2020), the Navy’s 

application, the Federal Register notice 

of the proposed IHA (85 FR 21179; April 

16, 2020), and all associated references 

and documents. 

Determinations 

The Navy will conduct activities as 

analyzed in the initial 2020 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 re-issued 

2021 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 

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 implicated by 

this action. 

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 with respect to 

environmental consequences on the 

human environment. 

Accordingly, NMFS has determined 

that the issuance of the IHA qualifies to 

be categorically excluded from further 

NEPA review. This action is consistent 

with categories of activities identified in 

CE B4 of the Companion Manual for 

NAO 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. 

Endangered Species Act (ESA) 

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. 

However, no incidental take of ESAlisted species is authorized 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 action. 

Authorization 

NMFS has issued an IHA to the Navy 

for in-water construction activities 

associated with the specified activity 

from September 15, 2020, through 

September 14, 2021. All previously 

described mitigation, monitoring, and 

reporting requirements from the initial 

2020 IHA are incorporated. 

Dated: July 22, 2021. 

Angela Somma, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–16022 Filed 7–27–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB194] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Marine Site 

Characterization Surveys Off of 

Massachusetts and Rhode Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an incidental 

harassment authorization (IHA) to 

Vineyard Wind 1 to incidentally harass, 

by Level B harassment only, marine 

mammals during marine site 

characterization surveys off of 

Massachusetts and Rhode Island in the 

area of Commercial Lease of Submerged 

Lands for Renewable Energy 

Development on the Outer Continental 

Shelf Lease Area OCS–A 0501 and along 

the Offshore Export Cable Corridor. 

DATES: This Authorization is applicable 

for a period of one year from the date 

of issuance. 

FOR FURTHER INFORMATION CONTACT: 

Leah Davis, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the application and 

supporting documents, as well as a list 

of the references cited in this document, 

may be obtained online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. In case of problems 

accessing these documents, please call 

the contact listed above. 

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 

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 

incidental take authorization may be 

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 


khammond on DSKJM1Z7X2PROD with NOTICES