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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
availability of the species or stocks for taking for subsistence uses where relevant, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of the takings 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.
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
2166A, NMFS must review our proposed action i.e., the promulgation of regulations and subsequent issuance of an incidental take authorization with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified in Categorical Exclusion B4 of the Companion Manual for NOAA
Administrative Order 2166A, 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 this proposed rule qualifies to be categorically excluded from further NEPA review.
Information in the Navys application and this document collectively provide the environmental information related to proposed issuance of these regulations and subsequent incidental take authorization for public review and comment. We will review all comments submitted in response to this document prior to concluding our NEPA process or making a final decision on the request for incidental take authorization.
Summary of Request In July 2020, NMFS received a request from the Navy requesting authorization to take small numbers of seven species of marine mammals incidental to construction activities including bulkhead replacement and repairs at NAVSTA Newport. The Navy has requested regulations that would establish a process for authorizing such take via a LOA. NMFS reviewed the Navys application, and the Navy provided responses addressing NMFS
questions and comments on February 22, 2021. The application was deemed adequate and complete and published for public review and comment on May 19, 2021 86 FR 27069. We did not receive substantive comments on that notice and request for comments and information.
The Navy requests authorization to take a small number of seven species of marine mammals by Level A and B
harassment. Neither the Navy nor NMFS
expects serious injury or mortality to result from this activity. The proposed
regulations would be valid for five years 20222027.
Description of Proposed Activity Overview The Navy proposes to replace or repair several sections of deteriorating, unstable, hazardous, and eroding bulkhead, sheet pile, and revetment approximately 2,730 total linear feet ft along the Coddington Cove waterfront of NAVSTA Newport. Over time, the existing storm sewer systems and bulkheads along the Coddington Cove waterfront have severely degraded due to erosion from under-capacity stormwater system piping and aging infrastructure. This impacts the ability of the installation to minimize shoreline erosion and minimize safety risks from associated upland subsidence, while also maintaining potential berthing space. The Navy plans to conduct necessary work, including impact and vibratory pile driving, to repair and replace bulkheads over five years.
Dates and Duration The proposed regulations would be valid for a period of five years 2022
2027. The specified activities may occur at any time during the 5-year period of validity of the proposed regulations. The Navy expects pile driving to occur on approximately 222
non-consecutive in-water pile driving days over the five-year duration. Pile driving activities are anticipated to be completed within 4 years. However, because the proposed construction is dependent on the allocation of funding, the Navy is requesting that the LOA be issued for the entire 5-year construction period to ensure flexibility in the project schedule. Table 1 provides the anticipated construction schedule for the proposed activities.

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TABLE 1CODDINGTON COVE BULKHEAD REPLACEMENT AND REPAIR SUMMARY SCHEDULE
Section ID

Bulkhead replacement lf
S45
S366
Pier 1
LNG
S499/Pier 2
S50

310
90
100
650
510
730 repair

Revetment replacement lf 250
0 0
0 90
0

Outfalls replaced Yes 3
Yes 1
No
Yes 2
Yes 5
Yes 2

Dredging area ft2

Dredging volume cy
8,400
1,350
1,500
9,750
9,000
0

650
100
120
760
700
0

Construction start date May 15, 2022.
October 15, 2023.
October 15, 2023.
October 15, 2024.
October 15, 2025.
October 15, 2026.

Source: NAVFAC Mid-Atlantic 2018.

Specific Geographic Region NAVSTA Newport, encompasses 1,399 acres extending 67 mi along the western shore of Aquidneck Island in the towns of Portsmouth, Rhode Island,
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and Middletown, Rhode Island, and the City of Newport, Rhode Island. The base footprint also includes the northern third of Gould Island in the town of Jamestown, Rhode Island. The base is located in the southern part of the state
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near where Narragansett Bay adjoins the Atlantic Ocean. The locations of the proposed bulkhead repairs at Coddington Cove are identified in Figure 1.

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