[Federal Register Volume 88, Number 2 (Wednesday, January 4, 2023)]
[Notices]
[Pages 342-347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28546]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC620]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to U.S. Navy Construction at Naval 
Station Newport, Rhode Island

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed modification of a Letter of Authorization; 
request for comments.

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SUMMARY: NMFS is proposing to modify the Letter of Authorization (LOA) 
that was issued to the United States Navy (Navy) on January 26, 2022 in 
association with construction activities related to bulkhead 
replacement and repairs at Naval Station Newport (NAVSTA Newport) over 
the course of five years (2022-2027). Necessary additions to the Navy's 
construction plan include vibratory driving of 30-inch (in) steel pipe 
piles and Down-The-Hole (DTH) driving when technically required for 
repairs to the S45 bulkhead facility. Pursuant to the Marine Mammal 
Protection Act (MMPA), NMFS is proposing to modify the Navy's LOA to 
increase authorized take by Level B harassment for harbor seal, gray 
seal, and harp seals. NMFS is also proposing to include appropriate, 
additional shutdown mitigation provisions for all species in the 
modified LOA. The monitoring and reporting measures remain the same as 
prescribed in the initial LOA. NMFS will also consider public comments 
on the requested modification prior to making any final decision and 
agency responses will be summarized in the final notice of our 
decision.

DATES: Comments and information must be received no later than January 
19, 2023.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Written comments should be submitted 
via email to [email protected].
    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. Attachments to comments will be 
accepted in Microsoft Word or Excel or Adobe PDF file formats only. 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-under-marine-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: Cara Hotchkin, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application 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-under-marine-mammal-protection-act. 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.

[[Page 343]]

    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 in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth.

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 an IHA) 
with respect to potential impacts on the human environment.
    This action remains consistent with categories of activities 
identified in Categorical Exclusion B4 (incidental harassment 
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 has preliminarily determined 
that the issuance of the proposed modified LOA continues to qualify to 
be categorically excluded from further NEPA review.
    We will review all comments submitted in response to this notice 
prior to concluding our NEPA process or making a final decision on the 
LOA Modification request.

History of Request

    On December 15, 2021, NMFS issued a final rule to the Navy (86 FR 
71162) to incidentally harass, by Level A and Level B harassment only, 
marine mammals during construction activities associated with bulkhead 
replacement and repairs at Naval Station Newport (NAVSTA Newport) over 
the course of 5 years (2022-2027). Subsequently, on January 26, 2022, 
NMFS issued a Letter of Authorization (LOA) to the Navy (87 FR 6145) 
associated with the final rule. Species authorized for take included 
Atlantic white-sided dolphin (Lagenorhynchus acutus), common dolphin 
(Delphinus delphis), harbor porpoise (Phocoena phocoena), harbor seal 
(Phoca vitulina), gray seal (Halichoerus grypus), harp seal (Pagophilus 
groenlandicus), and hooded seal (Cystophora cristata). The effective 
dates of this LOA are May 15, 2022 through May 14, 2027.
    On November 15, 2022, NMFS received a request from the Navy for a 
modification to the NAVSTA Newport bulkhead construction project due to 
a change in the construction contractor's plan. On December 15, 2022, 
the Navy revised their request to incorporate NMFS's DTH source level 
recommendations (available at: https://media.fisheries.noaa.gov/2022-11/PUBLIC%20DTH%20Basic%20Guidance_November%202022.pdf). In its initial 
request for incidental take regulations, the Navy did not anticipate 
the need for vibratory driving of steel pipe piles or DTH installation 
of any pile type. Vibratory driving of steel sheet and H-piles was 
included, and analyzed in the rule. However, the construction 
contractor for the first phase of the project (S45 bulkhead) has since 
determined that vibratory driving of steel pipe piles will be required, 
and that DTH hammering may be necessary if obstructions are encountered 
that would prevent the use of impact or vibratory hammers to install 
piles. Therefore, the Navy is requesting, and NMFS is proposing, to 
modify the 2022 LOA to include take incidental to potential vibratory 
driving of 30-in steel pipe piles and DTH hammering of 10-in diameter 
holes. These updates to the Navy's specified activity would increase 
estimated Level B harassment isopleths and, therefore, result in an 
increased estimate of exposures by Level B harassment for harbor seal, 
gray seal, and harp seal. NMFS has determined that the changes also 
necessitate revised shutdown mitigation provisions for vibratory and 
DTH pile driving scenarios for all species. The monitoring and 
reporting measures remain the same as prescribed in the initial LOA, 
and no additional take is requested or proposed for other species.

Description of the Proposed Activity and Anticipated Impacts

    The modified LOA would include the same construction activities 
(i.e., impact pile driving, vibratory pile driving and removal) in the 
same locations that were described in the 2022 final rule (86 FR 71162; 
December 15, 2021); for the S45 location, additional vibratory driving 
and DTH hammering are proposed. The monitoring and reporting measures 
remain the same as prescribed in the initial LOA, while revisions to 
the required mitigation measures have been proposed. NMFS refers the 
reader to relevant documents related to issuance of the initial LOA, 
including the Navy's application, the proposed rule and request for 
comments (86 FR 56857; October 13, 2021), final rule (86 FR 71162; 
December 15, 2021), and notice of issued LOA (87 FR 6145; February 3, 
2022) (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-construction-naval-station-newport-rhode-island) for more detailed description of the project activities.

Detailed Description of the Action

    A detailed description of the construction activities is found in 
the aforementioned documents associated with issuance of the initial 
LOA. The location, time of year, and general nature of the activities 
are identical to those described in the previous documents. However, as 
noted in the History of Request section, the Navy anticipates that 
vibratory installation of 30-in steel pipe piles and DTH hammering will 
be necessary to complete the S45 phase of the project on time. 
Differences between the activities analyzed in the final rule and those 
analyzed in support of the proposed modification are shown in Table 1.
    Section S45: In its current condition, this section of bulkhead is 
in serious condition with a high priority for replacement/repair 
because the steel sheet piles and cap exhibit heavy corrosion with 
numerous areas that exhibit 100 percent loss of section resulting in 
extensive landside erosion.
    Under the proposed modification, replacement of Section S45 would 
include the demolition and replacement of approximately 310 ft of 
existing steel sheet pile bulkhead just south of Pier 1. The existing 
bulkhead would then be replaced with a new deadman anchored king pile 
system. The system would consist of approximately 4 (30-in) steel pipe 
piles; 160 (80 pairs) (22.5-in) Z-shaped sheet piles; and approximately 
76 (14-in) H-piles. These piles would be installed approximately 1ft in 
front of the existing bulkhead using a combination of vibratory and 
impact hammers, as necessary. In the modification request, the Navy has 
determined that the four 30-in steel pipe piles will be installed with 
a vibratory hammer, rather than the impact hammer considered in the 
final rule. Additionally, the Navy has proposed the limited use of a 
DTH system on an as needed basis, if obstructions are

[[Page 344]]

encountered that would prevent the use of just impact or vibratory 
hammers when installing piles at the S45 facility. The existing steel 
sheet pile wall would be excavated landside to a depth of approximately 
10 ft below ground surface and cut off at the limit of excavation (see 
Figure 1-8 of the LOA application).

                      Table 1--Bulkhead Pile Installation Activity at the S45 Facility in Initial LOA and the Proposed Modification
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                                                           Final rule                                           Proposed LOA modification
                                ------------------------------------------------------------------------------------------------------------------------
           Pile type                                                                                                                         Number of
                                       Method           Number of piles       Number of days      Number of piles      Number of days          piles
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Steel sheet pile...............  Vibratory/impact..  80 pair.............  27..................  Vibratory/impact.  80 pair.............              27
Steel pipe pile................  Impact............  4...................  4...................  Vibratory........  4...................               4
Steel H pile...................  Vibratory.........  76..................  13..................  Vibratory........  76..................              13
DTH Holes......................  DTH...............  na..................  na..................  DTH..............  8...................               8
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Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
is found in these previous documents, which remains applicable to this 
modified LOA as well. In addition, NMFS has reviewed the 2021 Stock 
Assessment Reports (Hayes et al., 2022), information on relevant 
Unusual Mortality Events, and recent scientific literature, and 
determined that no new information affects our original analysis of 
impacts under the initial LOA. (Note that the Potential Biological 
Removal of the gray seal Western North Atlantic stock increased from 
1,389 to 1,458, and annual mortality and serious injury of the harbor 
porpoise Gulf of Maine/Bay of Fundy stock decreased from 217 to 164).

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activities 
on marine mammals and their habitat may be found in the documents 
supporting the final rule, which remains applicable to modification of 
the LOA. NMFS is not aware of new information regarding potential 
effects.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
authorized take for the specified activity are found in the proposed 
rule (86 FR 56857; October 13, 2021); the descriptions presented in the 
proposed rule did not change in the final rule (86 FR 71162; December 
15, 2021). The types and sizes of piles, and marine mammal stocks taken 
remain unchanged from the final rule. The proposed modification 
addresses the addition of vibratory driving of four 30-in steel pipe 
piles and ten instances of DTH hammering at the S45 bulkhead, which 
would result in increased harassment zone sizes. The Navy anticipates 
that up to four days of vibratory driving (up to two piles per day) and 
up to eight days of DTH hammering at one hole per day will be required. 
Acoustic effects on marine mammals during the specified activity can 
occur from impact and vibratory pile installation and removal, and DTH. 
The effects of underwater noise from the Navy's proposed activities 
have the potential to result in Level A and Level B harassment of 
marine mammals in the action area.
    The proposed modification includes the use of DTH hammers, which 
were not evaluated in the final rule. A DTH hammer is essentially a 
drill bit that drills through the bedrock using a rotating function 
like a normal drill, in concert with a hammering mechanism operated by 
a pneumatic (or sometimes hydraulic) component integrated into to the 
DTH hammer to increase speed of progress through the substrate (i.e., 
it is similar to a ``hammer drill'' hand tool). The sounds produced by 
DTH methods contain both a continuous non-impulsive component from the 
drilling action and an impulsive component from the hammering effect. 
Therefore, NMFS treats DTH systems as both impulsive and continuous, 
non-impulsive sound source types simultaneously.

Ensonified Area

    A detailed description of the operational and environmental 
parameters of the activity that are used in estimating the area 
ensonified above the acoustic thresholds, including source levels and 
transmission loss coefficient, can be found in the proposed rule (86 FR 
56857; October 13, 2021), and did not change in the final rule (86 FR 
71162; December 15, 2021). The new proposed activities include 
vibratory driving of 30-in pipe piles and DTH hammering; for those 
activities, we provide a description of the sound source levels and 
ensonified areas below.
    Sound Source Levels of Proposed Activities--The intensity of pile 
driving sounds is greatly influenced by factors such as the type of 
piles, hammers, and the physical environment (e.g., sediment type) in 
which the activity takes place. The Navy consulted with NMFS on the 
appropriate sound source levels to use for vibratory driving, and NMFS 
recommended a value based on available measurements of vibratory 
driving of 30-in steel pipe piles (CALTRANS, 2020). Source data for the 
proposed installation methods and pile types are provided in Table 2. 
Note that the source levels in this Table represent the SPL referenced 
at a distance of 10 m from the source.
    NMFS recommends treating DTH systems as both impulsive and 
continuous, non-impulsive sound source types simultaneously. Thus, 
impulsive thresholds are used to evaluate Level A harassment, and the 
continuous threshold is used to evaluate Level B harassment. The Navy 
consulted with NMFS to obtain the appropriate proxy values for DTH 
mono-hammers. NMFS recommended proxy levels for Level A harassment 
based on available data regarding DTH systems of similar sized piles 
and holes (Table 2) (Denes et al., 2019; Guan and Miner, 2020; Reyff 
and Heyvaert, 2019; Reyff, 2020; Heyvaert and Reyff, 2021).

[[Page 345]]



                                        Table 2--Source Information for Modified Pile Driving and DTH Activities
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                                                Average Peak SPL   Average RMS SPL                          Strike rate                   Maximum number
                                                    (dB re 1           (dB re 1       Average SEL (dB re   (strikes per     Minutes to     of piles per
                                                   [micro]Pa)         [micro]Pa)      1 [mu]Pa \2\ sec)       second)          drive            day
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Vibratory Driving 30-in steel pipe piles.....                N/A                159                  N/A             N/A              30               2
10-in DTH mono-hammer........................                172                167                  146              10             240               1
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    The methods used to calculate the ensonified areas based on the 
sound source information in Table 2 are identical to those used in the 
final rule; details are provided in the Proposed Rule (86 FR 56857; 
October 13, 2021). The resulting Level A and Level B harassment 
isopleths are provided in Tables 3 and 4.

                           Table 3--Calculated Distance and Areas of Level A and Level B Harassment for Impulsive Noise (DTH)
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                                                                                           Level A harassment \2\                     Level B harassment
                                                            Total     ----------------------------------------------------------------------------------
            Activity                Duration, count,     production       Mid-Frequency        High Frequency
                                   size, and or rate        days            Cetaceans        Cetaceans (Harbor     Phocid Pinnipeds     Harbor Porpoise
                                                                            (Dolphins)           Porpoise)                                and Phocids
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DTH (10-in holes)...............  4 hours/day (1 hole/              8  3.3 m/0.000034 km    111.6 m/0.019204 km  50.1 m/0.004657 km   See Table 4.
                                   day).                                \2\.                 \2\.                 \2\.
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                    Table 4--Calculated Distance and Areas of Level A and Level B Harassment for Non-Impulsive Noise (Vibratory, DTH)
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                                                                                           Level A harassment \2\                     Level B harassment
                                                            Total     ----------------------------------------------------------------------------------
            Activity                Duration, count,     production       Mid-Frequency        High Frequency
                                   size, and or rate        days            Cetaceans        Cetaceans (Harbor     Phocid Pinnipeds     Harbor Porpoise
                                                                            (Dolphins)           Porpoise)                                and Phocids
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DTH (10-in holes)...............  4 hours/day (1 hole/              8                           See Table 3                           13,594 m/7.80374
                                   day).                                                                                               km.\2\
                                                                      ---------------------------------------------------------------
30-in Steel Pipe Vibratory......  1 hour/day (2 piles/              4  0.4 m/0.000001       7.4 m/0.000152       3.1 m/0.00003        3,981 m/6.741652
                                   day).                                km.\2\.              km.\2\.              km.\2\.              km.\2\
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Marine Mammal Occurrence and Take Calculation and Estimation

    A description of the methods used to estimate take anticipated to 
occur from the project is found in the project's aforementioned 
documents. The methods of estimating take are identical to those used 
in the final rule. Table 5 shows the authorized takes at the S45 
facility under the initial LOA (all in year 1) and the estimated takes 
from the proposed modification.

           Table 5--Take Estimates at S45 Facility Under the Initial LOA and the Proposed Modification
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                                                     Initial LOA (year 1; S45)         Proposed modification
                                                 ---------------------------------------------------------------
                                                      Level A         Level B         Level A         Level B
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Atlantic White-sided Dolphin....................               0               1               0               1
Common Dolphin..................................               0               3               0               3
Harbor Porpoise.................................               1               4               1               4
Harbor Seal.....................................              15             188              15             244
Gray Seal.......................................               3              40               3              52
Harp Seal.......................................               1              16               1              20
Hooded Seal.....................................               0               0               0               0
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Table 6--Take Estimates as a Percentage of Stock Abundance for the Proposed Modification for Year 1 Takes at the
                                                  S45 Facility
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                                                                 Level A         Level B
             Species                     Stock (NEST)          harassment      harassment      Percent of stock
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Atlantic White-sided Dolphin.....  Western North Atlantic                 0               3  Less than 1
                                    (93,233).                                                 percent.
Common Dolphin...................  Western North Atlantic                 0               3  Less than 1
                                    (172,947).                                                percent.
Harbor Porpoise..................  Gulf of Maine/Bay of                   1               4  Less than 1
                                    Fundy (95,543).                                           percent.

[[Page 346]]

 
Harbor Seal......................  Western North Atlantic                15             244  Less than 1
                                    (61,336).                                                 percent.
Gray Seal........................  Western North Atlantic                 3              52  Less than 1
                                    (451,431).                                                percent.
Harp Seal........................  Western North Atlantic                 1              20  Less than 1
                                    (7.6 million).                                            percent.
Hooded Seal......................  Western North Atlantic                 0               0  Less than 1
                                    (593,500).                                                percent.
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Description of Proposed Mitigation, Monitoring and Reporting Measures

    The reporting measures proposed are identical to those included in 
the initial LOA and the discussion of the least practicable adverse 
impact included in 2022 final rule. The monitoring and mitigation 
measures have been updated to include additional hydroacoustic 
monitoring and conservative shutdown zones. The following measures are 
proposed for inclusion in the LOA Modification, and are in addition to 
those described in the Final Rule (86 FR 71162; December 15, 2021):
     Supplemental hydroacoustic monitoring will include:
    [cir] 30-in Steel Pipe--vibratory driving: 2 piles; and
    [cir] Obstruction drilling--DTH hammer: up to 8 holes (if required 
for pile installation).
     Shutdown zones for the new activities identical to those 
identified in the Final Rule (86 FR 71162; December 15, 2021):
    [cir] DTH Obstruction Drilling: The maximum shutdown zone included 
in the initial LOA is 150 m. This distance is greater than the 
calculated distance to Level A harassment thresholds for marine mammal 
species from DTH activities at the S45 facility, which is 111.6 m for 
harbor porpoise. The Navy proposes to implement the same 150 m shutdown 
distance for cetaceans and pinnipeds when conducting DTH activities.
    [cir] Vibratory driving steel pipe piles: the greatest calculated 
distance to Level A harassment thresholds for species at this location 
is 7.4 m, which is less than the standard construction shutdown of 10 m 
to prevent equipment/mammal interactions. However, for consistency the 
Navy has proposed a 30 m shutdown distance for cetaceans and 10 m for 
pinnipeds from vibratory pile driving steel pipe piles, which is the 
same as for vibratory driving steel sheet piles in the issued 
authorization.

Preliminary Determinations

    With the exception of the revised take numbers and monitoring and 
mitigation measures, the Navy's in water construction activities as 
well as reporting requirements are unchanged from those in the initial 
LOA. The effects of the activity on the affected species and stocks, 
taking into consideration the modified mitigation and related 
monitoring measures, remain unchanged, notwithstanding the increase to 
the authorized amount of harbor seal, gray seal, and harp seal take by 
Level B harassment.
    The additional takes from Level B harassment would be due to 
potential behavioral disturbance and TTS. No serious injury or 
mortality is anticipated given the nature of the activity and measures 
designed to minimize the possibility of injury to marine mammals. The 
potential for harassment is minimized through the construction method 
and the implementation of the planned mitigation measures (see 
Description of Mitigation, Monitoring and Reporting Measures section).
    The Navy's proposed pile driving project precludes the likelihood 
of serious injury or mortality. For all species and stocks, take would 
occur within a limited, confined area (immediately surrounding NAVSTA 
Newport in the Narragansett Bay area) of the stock's range. Level A and 
Level B harassment will be reduced to the level of least practicable 
adverse impact through use of mitigation measures described herein. 
Furthermore, the amount of take proposed to be authorized is extremely 
small when compared to stock abundance.
    The additional 72 takes of harbor, gray, and harp seals represents 
an increase of approximately 5.7 percent of the total take authorized 
in the initial LOA, and the anticipated impacts are identical to those 
described in the 2022 final rule. The amount of additional take for 
each species is also small (less than 1 percent of each stock). The 
Navy has proposed additional hydro-acoustic monitoring of the new 
activities, which will improve understanding of the source levels of 
such activities for future work. The proposed modification to the LOA 
includes additional required mitigation and monitoring measures (albeit 
some minor modification to harassment and shutdown distances), and 
identical reporting measures as the 2022 LOA.
    In conclusion, 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 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 proposed 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (3) the proposed authorized takes represent 
small numbers of marine mammals relative to the affected stock 
abundances; and (4) 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, and 
(5) appropriate monitoring and reporting requirements are included..

Endangered Species Act (ESA)

    Section 7(a)(2) of the ESA (16 U.S.C. 1531 et seq.) requires that 
each Federal agency ensure 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 incidental take authorizations, 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 action.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an LOA modification to the United States Navy for conducting 
construction activities for bulkhead replacement and repairs at the S45 
Facility at Naval Station Newport (NAVSTA Newport),

[[Page 347]]

Rhode Island, provided the previously mentioned mitigation, monitoring, 
and reporting requirements are incorporated. A draft of the proposed 
modified LOA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.

Request for Public Comments

    We request comment on our analyses on the proposed modification and 
supporting analyses described in this notice of Proposed LOA 
Modification for the proposed construction activities for bulkhead 
replacement and repairs at the S45 Facility. Please include with your 
comments any supporting data or literature citations to help inform our 
final decision on the request for MMPA authorization.

    Dated: December 28, 2022.
Daniel Bess,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2022-28546 Filed 1-3-23; 8:45 am]
BILLING CODE 3510-22-P