Rule2024-30823
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to U.S. Navy Repair and Replacement of the Q8 Bulkhead at Naval Station Norfolk
Primary source
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Published
December 27, 2024
Effective
August 4, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS published a final rule on October 9, 2024, for the taking of marine mammals incidental to the Q8 bulkhead repair and replacement project at Naval Station (NAVSTA) Norfolk in Norfolk, Virginia over the course of 5 years (i.e., 2025-2029). The Navy has requested the effective date of the rule be modified from January 1, 2025, to August 4, 2025, and modify the expiration date from December 31, 2029 to August 3, 2030.
Full Text
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<title>Federal Register, Volume 89 Issue 248 (Friday, December 27, 2024)</title>
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[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105477-105478]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30823]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 217
[Docket No. 241003-0261]
RIN 0648-BM74
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Navy Repair and Replacement of the Q8 Bulkhead at
Naval Station Norfolk
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; delay of effective and expiration dates;
correction.
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SUMMARY: NMFS published a final rule on October 9, 2024, for the taking
of marine mammals incidental to the Q8 bulkhead repair and replacement
project at Naval Station (NAVSTA) Norfolk in Norfolk, Virginia over the
course of 5 years (i.e., 2025-2029). The Navy has requested the
effective date of the rule be modified from January 1, 2025, to August
4, 2025, and modify the expiration date from December 31, 2029 to
August 3, 2030.
DATES: The effective date of the regulations published at 89 FR 81848,
October 9, 2024, is delayed until August 4, 2025, and the expiration
date is revised to August 3, 2030. This correction is effective August
4, 2025, and expires August 3, 2030.
ADDRESSES: A copy of the Navy's application and any supporting
documents, as well as a list of the references cited in this document,
may be obtained online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navys-construction-activities-q8-bulkhead-naval-station">https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navys-construction-activities-q8-bulkhead-naval-station</a>. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
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
authorization is provided to the public for review.
On July 3, 2024 NMFS published the proposed rule to authorize the
taking of marine mammals incidental to the Q8 bulkhead repair and
replacement project at NAVSTA Norfolk. During the 30-day comment period
of the proposed rule NMFS received two comments. NMFS responded to the
two comments in the original final rule (89 FR 81848, October 9, 2024).
NMFS published the final rule on October 9, 2024 (89 FR 81848),
which allows for authorization of the take of small numbers of four
marine mammal species incidental to the Q8 bulkhead repair and
replacement project. This project involves work on the bulkhead from
Piers 12 and 14 to restore function of this Navy dock system. Vibratory
and impact hammers will be used for pile removal and installation.
Sounds produced from these pile removal and installation activities may
result in the incidental take of marine mammals, by Level B harassment
only. Approximately 378 piles will be removed and 836 piles will be
installed. Work will be conducted in 3 phases over 212 non-consecutive
days to complete the pile removal and installation activities.
The original effective dates finalized in the rule (89 FR 81848,
October 9, 2024) were January 1, 2025 through December 31, 2029.
Recently, the Navy's construction schedule has been delayed, and as
such, the Navy has requested NMFS delay and modify the effective dates.
This final rule will delay the effective date from January 1, 2025 to
August 4, 2025 and modify the expiration date from December 31, 2029 to
August 3, 2030. This delay and modification of effective dates do not
change the duration of the incidental take regulations or change any of
the findings and take estimates or the requirements for mitigation,
monitoring, and reporting, in the original final rule.
Administrative Procedures Act
The Assistant Administrator for Fisheries (AA) finds that there is
good cause to waive the requirements to provide prior notice and
opportunity for public comment pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because prior notice and opportunity for public
comment on this temporary delay is unnecessary and contrary to the
public interest. Such procedures are unnecessary because the final rule
that published on October 9, 2024 (89 FR 81848), has already been
subject to notice and comment, and all that remains is to notify the
public of this delay and modification to the effective dates of the
previously noticed regulations. Providing additional prior notice and
opportunity for public comment is contrary to the public interest
because there is a need to immediately implement this action to delay
the original January 1, 2025 effective date and modify the expiration
date of the regulations contained in 50 CFR 217.231. Failure to modify
the effective dates risks a potential lapse in coverage for the Navy's
construction activities for the Q8 bulkhead repair and replacement
project at NAVSTA Norfolk.
Dated: December 19, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set forth in the preamble, NMFS amends 50 CFR part 217
as follows:
PART 217--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
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1. The authority citation for part 217 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
Subpart X--Taking and Importing Marine Mammals Incidental to Navy
Construction of the Q8 Bulkhead Repair and Replacement Project at
Naval Station Norfolk at Norfolk, Virginia
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2. Revise Sec. 217.231 to read as follows:
[[Page 105478]]
Sec. 217.231 Effective dates.
Regulations under this subpart are effective from August 4, 2025,
through August 3, 2030.
[FR Doc. 2024-30823 Filed 12-26-24; 8:45 am]
BILLING CODE 3510-22-P
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