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Federal Register/Vol. 85, No. 245/Monday, December 21, 2020/Proposed Rules

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Federal Register/Vol. 85, No. 245/Monday, December 21, 2020/Proposed Rules Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Proposed Rules 83001 FEDERAL COMMUNICATIONS DEPARTMENT OF COMMERCE otherwise sensitive information COMMISSION submitted voluntarily by the sender will National Oceanic and Atmospheric be publicly accessible. NMFS will 47 CFR Part 73 Administration accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish [MB Docket No. 19–310 and 17–105; Report 50 CFR Part 218 to remain anonymous). Attachments to No. 3164; FRS 17301] [Docket No. 201207–0329] electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF Petition for Reconsideration of Action RIN 0648–BJ90 file formats only. in Proceedings FOR FURTHER INFORMATION CONTACT: Takes of Marine Mammals Incidental to Leah Davis, Office of Protected Specified Activities; Taking Marine AGENCY: Federal Communications Resources, NMFS, (301) 427–8401. Mammals Incidental to U.S. Navy Commission. Construction at Naval Station Norfolk SUPPLEMENTARY INFORMATION: ACTION: Petition for Reconsideration. in Norfolk, Virginia Availability AGENCY: National Marine Fisheries A copy of the Navy’s application and SUMMARY: Petition for Reconsideration Service (NMFS), National Oceanic and any supporting documents, as well as a (Petition) has been filed in the Atmospheric Administration (NOAA), list of the references cited in this Commission’s proceeding by Rachel Commerce. document, may be obtained online at: Stilwell and Samantha Gutierrez, on ACTION: Proposed rule; request for https://www.fisheries.noaa.gov/action/ behalf of REC Networks, musicFIRST comments. incidental-take-authorization-us-navy- Coalition and Future of Music Coalition. construction-naval-station-norfolk- SUMMARY: NMFS has received a request norfolk-virginia. In case of problems DATES: Oppositions to the Petition must from the U.S. Navy (Navy) for accessing these documents, please call be filed on or before January 5, 2021. authorization to take marine mammals the contact listed above (see FOR Replies to an opposition must be filed incidental to construction activities FURTHER INFORMATION CONTACT). on or before January 15, 2021. including marine structure Purpose and Need for Regulatory ADDRESSES: Federal Communications maintenance, pile replacement, and Action Commission, 45 L Street NE, select waterfront improvements at Naval Washington, DC 20554. Station Norfolk (NAVSTA Norfolk) over This proposed rule would establish a the course of five years (2021–2026). As framework under the authority of the FOR FURTHER INFORMATION CONTACT: required by the Marine Mammal MMPA (16 U.S.C. 1361 et seq.) to allow Jamile Kadre, Industry Analysis Protection Act (MMPA), NMFS is for the authorization of take of marine Division, Media Bureau, (202) 418– proposing regulations to govern that mammals incidental to the Navy’s 2245. take, and requests comments on the construction activities including marine proposed regulations. NMFS will structure maintenance, pile SUPPLEMENTARY INFORMATION: This is a replacement, and select waterfront summary of the Commission’s consider public comments prior to making any final decision on the improvements at NAVSTA Norfolk. document, Report No. 3164, released We received an application from the December 8, 2020. The full text of the issuance of the requested MMPA authorization and agency responses will Navy requesting five-year regulations Petition can be accessed online via the be summarized in the final notice of our and authorization to take multiple Commission’s Electronic Comment decision. species of marine mammals. Take Filing System at: http://apps.fcc.gov/ would occur by Level B harassment DATES: ecfs/. The Commission will not send a Comments and information must only incidental to impact and vibratory Congressional Review Act (CRA) be received no later than January 20, pile driving. Please see Background submission to Congress or the 2021. below for definitions of harassment. Government Accountability Office ADDRESSES: You may submit comments Legal Authority for the Proposed Action pursuant to the CRA, 5 U.S.C. on this document, identified by NOAA– 801(a)(1)(A), because no rules are being NMFS–2020–0154, by the following Section 101(a)(5)(A) of the MMPA (16 adopted by the Commission. method: U.S.C. 1371(a)(5)(A)) directs the • Electronic submission: Submit all Secretary of Commerce to allow, upon Subject: Amendment of Section electronic public comments via the request, the incidental, but not 73.3556 of the Commission’s Rules Federal e-Rulemaking Portal. Go to intentional taking of small numbers of Regarding Duplication of Programming www.regulations.gov/ marine mammals by U.S. citizens who on Commonly Owned Radio Stations; #!docketDetail;D=NOAA-NMFS-2020- engage in a specified activity (other than Modernization of Media Initiative, 0154, click the ‘‘Comment Now!’’ icon, commercial fishing) within a specified published at 85 FR 67303, October 22, complete the required fields, and enter geographical region for up to five years 2020, in MB Docket Nos. 19–310 and or attach your comments. if, after notice and public comment, the 17–105. This document is being Instructions: Comments sent by any agency makes certain findings and published pursuant to 47 CFR 1.429(e). other method, to any other address or issues regulations that set forth See also 47 CFR 1.4(b)(1) and 1.429(f), individual, or received after the end of permissible methods of taking pursuant (g). the comment period, may not be to that activity and other means of Number of Petitions Filed: 1. considered by NMFS. All comments effecting the ‘‘least practicable adverse Federal Communications Commission. received are a part of the public record impact’’ on the affected species or and will generally be posted for public stocks and their habitat (see the Marlene Dortch, viewing on www.regulations.gov discussion below in the Proposed Secretary, Office of the Secretary. without change. All personal identifying Mitigation section), as well as [FR Doc. 2020–28024 Filed 12–18–20; 8:45 am] information (e.g., name, address), monitoring and reporting requirements. BILLING CODE 6712–01–P confidential business information, or Section 101(a)(5)(A) of the MMPA and VerDate Sep<11>2014 23:42 Dec 18, 2020 Jkt 253001 PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 E:\FR\FM\21DEP1.SGM 21DEP1 83002 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Proposed Rules the implementing regulations at 50 CFR patterns, including, but not limited to, regulations would be valid for five years part 216, subpart I provide the legal migration, breathing, nursing, breeding, (2021–2026). basis for issuing this proposed rule feeding, or sheltering (Level B Description of Proposed Activity containing five-year regulations, and for harassment). Overview any subsequent letters of authorization National Environmental Policy Act (LOAs). As directed by this legal The Navy is proposing to conduct authority, this proposed rule contains To comply with the National Environmental Policy Act of 1969 construction activities at NAVSTA mitigation, monitoring, and reporting Norfolk on the Naval Station, and at requirements. (NEPA; 42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) nearby facilities off of the lower Summary of Major Provisions Within 216–6A, NMFS must review our Chesapeake Bay. The Navy’s proposed the Proposed Rule proposed action (i.e., the promulgation activities include pile replacement at Following is a summary of the major of regulations and subsequent issuance the Morale, Welfare and Recreation provisions of this proposed rule of an incidental take authorization) with Marina, and installation of two new regarding Navy construction activities. respect to potential impacts on the floating docks at the V-area. Both areas These measures include: human environment. are located on the Naval Station. The • Required monitoring of the This action is consistent with Navy also proposes to conduct construction areas to detect the presence categories of activities identified in maintenance/repair activities at the of marine mammals before beginning Categorical Exclusion B4 of the Naval Station and neighboring Defense construction activities. Companion Manual for NOAA Fuel Supply Point Craney Island and • Shutdown of construction activities Administrative Order 216–6A, which do Lambert’s Point Deperming Station (see under certain circumstances to avoid not individually or cumulatively have Figure 1). The Navy has indicated injury of marine mammals. the potential for significant impacts on specific projects where existing needs • Soft start for impact pile driving to the quality of the human environment have been identified, as well as allow marine mammals the opportunity and for which we have not identified estimates for expected emergent or to leave the area prior to beginning any extraordinary circumstances that emergency repairs. The proposed impact pile driving at full power. would preclude this categorical project will include both vibratory pile exclusion. Accordingly, NMFS has driving and removal, and impact pile Background preliminarily determined that the driving (hereafter, collectively referred Section 101(a)(5)(A) of the MMPA (16 issuance of this proposed rule qualifies to as ‘‘pile driving’’) over approximately U.S.C. 1361 et seq.) directs the Secretary to be categorically excluded from 574 days over five years. of Commerce (as delegated to NMFS) to further NEPA review. Dates and Duration allow, upon request, the incidental, but Information in the Navy’s application not intentional,
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