Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices 53443 review (except, if the rate is zero or de DEPARTMENT OF COMMERCE The Authorization must also set forth minimis, no cash deposit will be the permissible methods of taking; other required); (2) for previously reviewed or National Oceanic and Atmospheric means of effecting the least practicable investigated companies not listed above, Administration adverse impact on the species or stock the cash deposit rate will continue to be RIN 0648–XE451 and its habitat (i.e., mitigation); and the company-specific rate published for requirements pertaining to the the most recent period; (3) if the Takes of Marine Mammals Incidental to monitoring and reporting of such taking. exporter is not a firm covered in this Specified Activities; Marine NMFS has defined ‘‘negligible impact’’ review, a prior review, or the less-than- Geophysical Survey in the Southeast in 50 CFR 216.103 as ‘‘an impact resulting from the specified activity that fair-value investigation, but the Pacific Ocean, 2016–2017 cannot be reasonably expected to, and is manufacturer is, the cash deposit rate AGENCY: National Marine Fisheries not reasonably likely to, adversely affect will be the rate established for the most Service (NMFS), National Oceanic and the species or stock through effects on recent period for the manufacturer of Atmospheric Administration (NOAA), annual rates of recruitment or survival.’’ the merchandise; and (4) the cash Department of Commerce. Except with respect to certain deposit rate for all other manufacturers ACTION: Notice; issuance of an incidental activities not pertinent here, the MMPA or exporters is 2.40 percent.12 These harassment authorization. defines ‘‘harassment’’ as: Any act of cash deposit requirements, when pursuit, torment, or annoyance which (i) imposed, shall remain in effect until SUMMARY: In accordance with the has the potential to injure a marine further notice. regulations implementing the Marine mammal or marine mammal stock in the Mammal Protection Act (MMPA) as wild [Level A harassment]; or (ii) has Notification to Interested Parties amended, notification is hereby given the potential to disturb a marine This notice also serves as a that NMFS has issued an incidental mammal or marine mammal stock in the harassment authorization (IHA) to preliminary reminder to importers of wild by causing disruption of behavioral Lamont-Doherty Earth Observatory their responsibility under 19 CFR patterns, including, but not limited to, (Lamont-Doherty) in collaboration with migration, breathing, nursing, breeding, 351.402(f)(2) to file a certificate the National Science Foundation (NSF), feeding, or sheltering [Level B regarding the reimbursement of to incidentally take, by level B harassment]. antidumping duties prior to liquidation harassment, 44 species of marine Summary of Request of the relevant entries during this mammals, and to incidentally take, by review period. Failure to comply with Level A harassment, 26 species of On January 19, 2016, NMFS received this requirement could result in the marine mammals, during three marine an application from Lamont-Doherty Secretary’s presumption that geophysical (seismic) surveys in the requesting that NMFS issue an reimbursement of antidumping duties southeast Pacific Ocean. Authorization for the take of marine occurred and the subsequent assessment DATES: This Authorization is effective mammals, incidental to Oregon State of double antidumping duties. from August 1, 2016, through July 31, University (OSU) and University of We are issuing and publishing these 2017. Texas (UT) conducting seismic surveys in the southeast Pacific Ocean, in the results in accordance with sections FOR FURTHER INFORMATION CONTACT: latter half of 2016 and/or the first half 751(a)(1) and 777(i)(1) of the Act and 19 Jordan Carduner, NMFS, Office of of 2017. NMFS considered the CFR 351.213(h)(1). Protected Resources, NMFS (301) 427– application and supporting materials Dated: August 5, 2016. 8401. adequate and complete on March 21, Ronald K. Lorentzen, SUPPLEMENTARY INFORMATION: 2016. Lamont-Doherty plans to conduct Acting Assistant Secretary for Enforcement Background and Compliance. three two-dimensional (2-D) surveys on Section 101(a)(5)(D) of the Marine the R/V Marcus G. Langseth (Langseth), Appendix—List of Topics Discussed in Mammal Protection Act of 1972, as a vessel owned by NSF and operated on the Preliminary Decision Memorandum amended (MMPA; 16 U.S.C. 1361 et its behalf by Columbia University’s seq.) directs the Secretary of Commerce Lamont-Doherty Earth Observatory 1. Summary to allow, upon request, the incidental, 2. Background primarily in international waters of the but not intentional, taking of small 3. Scope of the Order southeast Pacific Ocean, with a small numbers of marine mammals of a 4. Preliminary Finding of No Shipments for portion of the surveys occurring within SMTC species or population stock, by U.S. the territorial waters of Chile, which 5. Comparisons to Normal Value citizens who engage in a specified extend to nautical 12 miles (mi) (19.3 6. Product Comparisons activity (other than commercial fishing) kilometers (km)) from the coast. NMFS 7. Date of Sale within a specified geographical region cannot authorize the incidental take of 8. Export Price if, after NMFS provides a notice of a marine mammals in the territorial seas 9. Normal Value proposed authorization to the public for of foreign nations, as the MMPA does 10. Currency Conversion review and comment: (1) NMFS makes not apply in those waters. However, as 11. Recommendation certain findings; and (2) the taking is part of the analysis supporting our limited to harassment. determination under the MMPA that the [FR Doc. 2016–19136 Filed 8–11–16; 8:45 am] An Authorization shall be granted for activity would have a negligible impact BILLING CODE 3510–DS–P the incidental taking of small numbers on the affected species, we must of marine mammals if NMFS finds that consider the level of incidental take as the taking will have a negligible impact a result of the activity in the entire on the species or stock(s), and will not activity area (including both territorial have an unmitigable adverse impact on seas and high seas). 12 See PET Film from Taiwan Amended Final the availability of the species or stock(s) Increased underwater sound Determination. for subsistence uses (where relevant). generated during the operation of the VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1 mstockstill on DSK3G9T082PROD with NOTICES 53444 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices seismic airgun array is the only aspect and buffer zones. The Commission account for the differences in tow depth of the activity that is likely to result in stated that the model is not the best between the calibration survey (6 m) the take of marine mammals. We available science because it assumes the and the proposed surveys (9 and 12 m). anticipate that take, by Level B following: Spherical spreading, constant In 2015, Lamont-Doherty explored the harassment, of 44 species of marine sound speed, and no bottom question of whether the Gulf of Mexico mammals could result from the interactions for surveys in deep water. calibration data adequately informs the specified activity. Although unlikely, In light of their concerns, the model to predict exclusion isopleths in NMFS also anticipates that a small Commission recommended that NMFS other areas by conducting a amount of take by Level A harassment require Lamont-Doherty to re-estimate retrospective sound power analysis of of 26 species of marine mammals could the exclusion and buffer zones one of the lines acquired during occur during the planned surveys. incorporating site-specific Lamont-Doherty’s seismic survey environmental (including sound speed offshore New Jersey in 2014 (Crone, Description of the Specified Activity profiles, bathymetry, and sediment 2015). NMFS presented a comparison of Lamont-Doherty plans to use one characteristics) and operational the predicted radii (i.e., modeled source vessel, the Langseth, with an (including number/type/spacing of exclusion zones) with radii based on in array of 36 airguns as the energy source airguns, tow depth, source level/ situ measurements (i.e., the upper with a total volume of approximately operating pressure, and operational bound [95th percentile] of the cross-line 6,600 cubic inches (in3). The receiving volume) parameters into their model. prediction) in a previous notice of system would consist of up to 64 ocean Response: NMFS acknowledges the issued Authorization for Lamont- bottom seismometers and a single Commission’s concerns about Lamont- Doherty (see Table 1, 80 FR 27635, May hydrophone streamer between 8 and 15 Doherty’s current modeling approach 14, 2015). km (4.9 and 9.3 mi) in length. In for estimating exclusion and buffer Briefly, Crone’s (2015) analysis, addition to the operations of the airgun zones and also acknowledges that specific to the survey site offshore New array, a multibeam echosounder (MBES) Lamont-Doherty did not incorporate Jersey, confirmed that in-situ, site and a sub-bottom profiler (SBP) would site-specific sound speed profiles, specific measurements and estimates of also be operated continuously bathymetry, and sediment the 160- and 180-dB isopleths collected throughout the proposed surveys. A characteristics of the research area in by the Langseth’s hydrophone streamer total of approximately 9,633 km (5,986 the current approach to estimate those in shallow water were smaller than the mi) of transect lines would be surveyed zones for this planned seismic survey. modeled (i.e., predicted) exclusion and in the southeast Pacific Ocean. Lamont-Doherty’s application (LGL, buffer zones proposed for use in two A detailed description of Lamont- 2016) and the NSF’s draft seismic surveys conducted offshore Doherty’s planned seismic surveys is environmental analysis (NSF, 2016) New Jersey in shallow water in 2014 provided in the Federal Register notice describe the approach to establishing and 2015.