45828 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices 

affected marine mammal species or 

stocks. 

Small Numbers 

As noted above, only small numbers 

of incidental take may be authorized 

under Section 101(a)(5)(D) of the MMPA 

for specified activities other than 

military readiness activities. The MMPA 

does not define small numbers and so, 

in practice, where estimated numbers 

are available, NMFS compares the 

number of individuals taken to the most 

appropriate estimation of abundance of 

the relevant species or stock in our 

determination of whether an 

authorization is limited to small 

numbers of marine mammals. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

The number of incidents of take 

planned for authorization for these 

stocks, with the exception of the coastal 

bottlenose dolphin (see below), would 

be considered small relative to the 

relevant stocks or populations (see 

Table 8) even if each estimated taking 

occurred to a new individual. This is an 

extremely unlikely scenario as, for 

pinnipeds occurring at the NBPL 

waterfront, there will almost certainly 

be some overlap in individuals present 

day-to-day and in general, there is likely 

to be some overlap in individuals 

present day-to-day for animals in 

estuarine/inland waters. 

The numbers of authorized take for 

bottlenose dolphins are higher relative 

to the total stock abundance estimate 

and would not represent small numbers 

if a significant portion of the take was 

for a new individual. However, these 

numbers represent the estimated 

incidents of take, not the number of 

individuals taken. That is, it is likely 

that a relatively small subset of 

California coastal bottlenose dolphins 

would be incidentally harassed by 

project activities. California coastal 

bottlenose dolphins range from San 

Francisco Bay to San Diego (and south 

into Mexico) and the specified activity 

would be stationary within an enclosed 

water body that is not recognized as an 

area of any special significance for 

coastal bottlenose dolphins (and is 

therefore not an area of dolphin 

aggregation, as evident in Navy 

observational records). We therefore 

believe that the estimated numbers of 

takes, were they to occur, likely 

represent repeated exposures of a much 

smaller number of bottlenose dolphins 

and that, based on the limited region of 

exposure in comparison with the known 

distribution of the coastal bottlenose 

dolphin, these estimated incidents of 

take represent small numbers of 

bottlenose dolphins. 

Based on the analysis contained 

herein of the planned activity (including 

the mitigation and monitoring 

measures) and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals will 

be taken relative to the population size 

of the affected species or stocks. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

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, in this 

case with the ESA Interagency 

Cooperation Division, whenever we 

propose to authorize take for 

endangered or threatened species. 

The Navy initiated informal 

consultation under section 7 of the ESA 

with NMFS Southwest Regional Office 

(now West Coast Regional Office) on 

March 5, 2013. NMFS concluded on 

May 16, 2013, that the planned action 

may affect, but is not likely to adversely 

affect, WNP gray whales. The Navy has 

not requested authorization of the 

incidental take of WNP gray whales and 

we are not authorizing it, and there are 

no other ESA-listed marine mammals 

found in the action area. Therefore, no 

consultation under the ESA is required. 

Dated: September 27, 2017. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2017–21044 Filed 9–29–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF697 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to U.S. Navy Submarine 

Base New London Pier Construction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

letter of authorization; request for 

comments and information. 

SUMMARY: NMFS has received a request 

from the U.S. Navy (Navy) for 

authorization to take, by harassment, of 

marine mammals incidental to 

conducting pier construction at the 

Navy Submarine Base New London in 

Groton, Connecticut, beginning October 

2018 and ending March 2022. Pursuant 

to the implementing regulations of the 

Marine Mammal Protection Act 

(MMPA), NMFS is announcing our 

receipt of the Navy’s request for 

regulations governing the incidental 

taking of marine mammals and inviting 

information, suggestions, and comments 

on the Navy’s application and request. 

DATES: Comments and information must 

be received no later than November 1, 

2017. 

ADDRESSES: Comments on the 

application should be addressed to Jolie 

Harrison, Chief, Permits, Conservation 

and Education Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910– 

3225. The mailbox address for providing 

email comments is ITP.guan@noaa.gov. 

Instructions: NMFS is not responsible 

for email comments sent to addresses 

other than the one provided here. 

Comments sent via email, including all 

attachments, must not exceed a 10- 

megabyte file size. All comments 

received are a part of the public record 

and will generally be posted to 

www.nmfs.noaa.gov/pr/permits/ 

incidental/construction.htm without 

change. All Personal Identifying 

Information (for example, name, 

address, etc.) 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: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices 45829 

Availability 

An electronic copy of the Navy’s 

application may be obtained online at: 

www.nmfs.noaa.gov/pr/permits/ 

incidental/construction.htm. 

Background 

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

Marine Mammal Protection Act of 1972, 

as amended (MMPA; 16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(Secretary) 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) if certain findings 

are made and regulations are issued or, 

if the taking is limited to harassment, 

notice of a proposed authorization 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), 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 taking 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). 

The use of sound sources such as 

those described in the application (e.g., 

pile driving) may result in the take of 

marine mammals through disruption of 

behavioral patterns or may cause 

auditory injury of marine mammals. 

Therefore, incidental take authorization 

under the MMPA is warranted. 

Summary of Request 

On March 22, 2017, NMFS received 

an application from the Navy requesting 

authorization to take a small number of 

harbor and gray seals, by Level A and 

Level B harassment, incidental to noise 

exposure resulting from conducting pier 

construction activities at the Navy 

Submarine Base New London in Groton, 

Connecticut, from October 2018 to 

March 2022. On August 31, 2017, NMFS 

deemed the application adequate and 

complete. 

Description of the Specified Activity 

The proposed Submarine Base New 

London pier construction includes 

construction of the new Pier 32 and the 

demolishing of the existing Pier 32 and 

Pier 10. Structural support piles for Pier 

32 would consist of approximately 120 

concrete-filled steel pipe piles 

measuring 36 inches in diameter. The 

piles would be driven between 40 feet 

(ft) below the mudline near the shore 

and 150 ft below the mudline at the end 

of the pier. Fender piles would also be 

installed and would consist of 

approximately 194 fiberglass-reinforced 

plastic piles measuring 16 inches in 

diameter. Demolition of existing Pier 32 

would include the removal by vibratory 

driver-extractor (hammer) of 

approximately 60 steel piles from the 

temporary work trestle, 120 concreteencased steel H-piles, and 70 steel Hpiles. Fifty-six wood piles would be 

pulled with a sling. Demolition of Pier 

10 would include the removal by 

vibratory hammer of 24 concreteencased, steel H-piles and 166 cast-inplace, reinforced concrete piles. Eightfour steel fender piles and 41 wood 

piles would be pulled with a sling. A 

total of 440 piles would be removed by 

vibratory hammer for both piers and the 

work trestle. 

The in-water construction and 

demolition activities are anticipated to 

begin in October 2018 and take 

approximately 35 non-consecutive 

months to complete. However, the rule 

will cover a five-year period to 

encompass additional time should 

delays occur. 

A suite of proposed mitigation and 

monitoring measures for marine 

mammals that could potentially be 

taken during in-water construction 

activities includes: (1) Establishing and 

monitoring Level A and Level B zones 

with protected species observers (PSOs), 

(2) establishing a 10-m shutdown and 

implementing shutdown measures with 

an animal is detected to approach the 

shutdown zone, and (3) limiting pile 

driving and pile removal activities 

during daylight hours only. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning the Navy’s request (see 

ADDRESSES). NMFS will consider all 

information, suggestions, and comments 

related to the Navy’s request and NMFS’ 

potential development and 

implementation of regulations 

governing the incidental taking of 

marine mammals by the Navy’s 

Submarine Base New London pier 

construction. 

Dated: September 27, 2017. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2017–21072 Filed 9–29–17; 8:45 am] 

BILLING CODE 3510–22–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Additions and 

Deletions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Additions to and deletions from 

the Procurement List. 

SUMMARY: This action adds products and 

services to the Procurement List that 

will be furnished by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities, and 

deletes products and a service from the 

Procurement List previously furnished 

by such agencies. 

DATES: Date added to and deleted from 

the Procurement List: October 29, 2017. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, 1401 S. Clark Street, Suite 

715, Arlington, Virginia 22202–4149. 

FOR FURTHER INFORMATION CONTACT: 

Amy B. Jensen, Telephone: (703) 603– 

7740, Fax: (703) 603–0655, or email 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Additions 

On 6/30/2017 (82 FR 29852), 8/18/ 

2017 (82 FR 39413–39414), and 8/25/ 

2017 (82 FR 40569–40570), the 

Committee for Purchase From People 

Who Are Blind or Severely Disabled 

published notices of proposed additions 

to the Procurement List. 

After consideration of the material 

presented to it concerning capability of 

qualified nonprofit agencies to provide 

the products and services and impact of 

the additions on the current or most 

recent contractors, the Committee has 

determined that the products and 

services listed below are suitable for 

procurement by the Federal Government 

under 41 U.S.C. 8501–8506 and 41 CFR 

51–2.4. 


sradovich on DSK3GMQ082PROD with NOTICES