Small Takes of Marine Mammals Incidental to Specified Activities; Antioch Bridge Seismic Retrofit Project, California, 18160-18163 [2010-8167]
Download as PDF
<![CDATA[
18160
Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices
DEPARTMENT OF COMMERCE
prepare an environmental assessment or
environmental impact statement.
National Oceanic and Atmospheric
Administration
Dated: April 5, 2010.
Tammy C. Adams,
Acting Chief, Permits, Conservation and
Education Division, Office of Protected
Resources, National Marine Fisheries Service.
RIN 0648–XV65
Marine Mammals; File No. 1100–1849
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit
amendment.
SUMMARY: Notice is hereby given that
Shane Moore, Moore & Moore Films,
Box 2980, 1203 Melody Creek Lane,
Jackson, WY 83001 has been issued an
amendment to Permit No. 1100–1849.
ADDRESSES: The amendment and related
documents are available for review
upon written request or by appointment
in the following offices:
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)713–0376; and
Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802–1668; phone
(907)586–7221; fax (907)586–7249.
FOR FURTHER INFORMATION CONTACT:
Carrie Hubard or Amy Hapeman,
(301)713–2289.
SUPPLEMENTARY INFORMATION: On
September 29, 2009, notice was
published in the Federal Register (74
FR 49858) that an amendment to Permit
No. 1100–1849 had been requested by
the above-named individual. The
requested amendment has been granted
under the authority of the Marine
Mammal Protection Act of 1972, as
amended (16 U.S.C. 1361 et seq.) and
the regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
Permit No. 1100–1849, issued March
22, 2007 (72 FR 14525), authorizes the
permit holder to take 10 killer whales
(Orcinus orca) of the Eastern North
Pacific Transient Stock, 10 gray whales
(Eschrichtius robustus), and 10 minke
whales (Balaenoptera acutorostrata) by
close approach for filming in the Gulf of
Alaska and Bering Sea between April 1
and August 31 of each year. The original
permit was valid through March 31,
2010. The amendment extends the
permit for two years until March 31,
2012.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activity proposed is categorically
excluded from the requirement to
VerDate Nov<24>2008
17:07 Apr 08, 2010
Jkt 220001
[FR Doc. 2010–8137 Filed 4–8–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XS24
Small Takes of Marine Mammals
Incidental to Specified Activities;
Antioch Bridge Seismic Retrofit
Project, California
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an
incidental take authorization.
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to the California Department of
Transportation (Caltrans) allowing the
take of small numbers of marine
mammals, by Level B harassment only,
incidental to pile driving associated
with the Antioch Bridge Seismic
Retrofit Project.
DATES: Effective August 15, 2010,
through August 14, 2011.
ADDRESSES: A copy of the IHA and the
application are available by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225 or by telephoning the
contact listed here. A copy of the
application containing a list of the
references used in this document may
be obtained by writing to the address
specified above, telephoning the contact
listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the
Internet at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm#applications.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly, Office of Protected
Resources, NMFS, 301–713–2289.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce 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. 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].’’
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such 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.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals by harassment.
Section 101(a)(5)(D) establishes a 45–
day time limit for NMFS review of an
application followed by a 30–day public
notice and comment period on any
proposed authorizations for the
incidental harassment of marine
mammals. Within 45 days of the close
of the comment period, NMFS must
either issue or deny the authorization.
Summary of Request
On May 4, 2009, NMFS received a
request from Caltrans to harass marine
mammals incidental to the Antioch
Bridge Seismic Retrofit Project. In
accordance with the MMPA, NMFS
E:\FR\FM\09APN1.SGM
09APN1
Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
issued a notice in the Federal Register
on December 21, 2009 (74 FR 67856),
requesting comments from the public on
the proposed IHA.
The Antioch Bridge was designed in
the late 1970s based on the design
standards that Caltrans established in
1971. Since that time, upgraded
standards have been issued, particularly
Caltrans’ Seismic Design Criteria of
1999, of which the bridge does not meet.
The retrofit project will provide a
seismic upgrade of the Antioch Bridge
to meet these current requirements. Pile
driving during the project may result in
harassment of harbor seals (Phoca
vitulina richardii) and California sea
lions (Zalophus californianus) within
the action area.
Description of the Specified Activity
The Antioch Bridge is located 5.4
miles east of the confluence of the
Sacramento and San Joaquin Rivers, is
9,437–ft long, accommodates one lane of
traffic in either direction, and includes
narrow accommodation for bicyclists
and pedestrians. Proposed retrofit
elements to the bridge include
installation of steel bracings;
replacement of the existing elastometric
bearings with isolation bearings; and
removal of the existing curtain walls
and retrofit of all the columns within
the slab span structure. To accomplish
this, a temporary trestle will be built to
allow access to the piers in shallow
water (out to Pier 11). The temporary
marine trestle will be constructed from
the south shore of the San Joaquin
River, out approximately 910–ft into the
river along the west side of the existing
bridge structure. This is where water
depths are less than 10–ft below mean
lower-low water (MLLW) and are too
shallow to be accessed by barge. The
trestle will be 25 ft wide with piles
spaced 25–ft apart. It will be
constructed using approximately 160
24–in steel hollow shell piles, which
will be installed with a vibratory
hammer. Vibrating a single 24–in pile
into place requires, at the most, ten
minutes of noise generating vibration. In
addition, Caltrans will ‘‘proof’’ or test
one pile per day using an impact
hammer to ensure the pile can sustain
the required load. Proofing the piles will
require approximately 20–40 blows per
day, generating elevated sound pressure
for about one minute per day. The entire
project is expected to take 2.5 years to
VerDate Nov<24>2008
17:07 Apr 08, 2010
Jkt 220001
complete; installation of the temporary
piles is expected to take approximately
4 months and is planned for August 1November 1, 2010, although this may be
delayed due to construction scheduling.
At the completion of the project, the
trestle and all associated piles will be
removed. All pile driving will be
conducted during daylight hours only.
Comments and Responses
A notice of receipt and request for
public comment on the application and
proposed authorization was published
on December 21, 2009 (74 FR 67856).
During the 30 day public comment
period, the Marine Mammal
Commission (Commission) provided the
only comment.
Comment: The Commission states that
it recommends that NMFS issue the
requested authorization, provided that
the monitoring and mitigation activities
described in NMFS’ Federal Register
notice are carried out as described.
Response: NMFS agrees with the
Commission’s recommendation, and all
monitoring and mitigation measured
described in the previous Federal
Register notice (74 FR 67856) are
required in the current IHA.
Description of Marine Mammals in the
Area of the Specified Activity
At least 35 marine mammal species
can be found off the coast of California;
however, few venture into the Bay and
only Pacific harbor seals and California
sea lions inhabit the eastern arm of the
Bay over which the Antioch Bridge
stretches. Both species have been
known to sporadically venture into
estuaries and rivers in search of food,
and the California Department of Fish
and Game (CDFG) indicates that the
ranges of these two species encompass
the region of the Delta in which the
project occurs. Detailed information on
California sea lions and harbor seals was
provided in the December 21, 2009 (74
FR 67856), Federal Register notice.
Potential Effects on Marine Mammals
NMFS and Caltrans have determined
that pile driving has the potential to
result in behavioral harassment of
harbor seals and California sea lions that
may be swimming or foraging in the
project vicinity while pile driving is
being conducted. A detailed description
of potential impacts to marine mammals
can be found in NMFS’ proposed IHA
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
18161
Federal Register notice (December 21,
2009, 74 FR 67856) and are summarized
here.
Marine mammals produce sounds in
various contexts and use sound for
various biological functions including,
but not limited to, (1) social
interactions; (2) foraging; (3) orientation;
and (4) predator detection. Interference
with producing or receiving these
sounds may result in adverse impacts.
Audible distance, or received levels
(RLs) will depend on the nature of the
sound source, ambient noise conditions,
and the sensitivity of the receptor to the
sound (Richardson et al., 1995). Type
and significance of marine mammal
reactions to noise are likely to be
dependent on a variety of factors
including, but not limited to, the
behavioral state (e.g., feeding, traveling,
etc.) of the animal at the time it receives
the stimulus, frequency of the sound,
distance from the source, and the level
of the sound relative to ambient
conditions (Southall et al., 2007).
Current NMFS practice regarding
exposure of marine mammals to
anthropogenic noise is that in order to
avoid injury of marine mammals (e.g.,
PTS), pinnipeds should not be exposed
to impulsive sounds of 180 and 190 dB
rms or above, respectively. This level is
considered precautionary as it is likely
that more intense sounds would be
required before injury would actually
occur (Southall et al., 2007). Potential
for behavioral harassment (Level B) is
considered to have occurred when
marine mammals are exposed to sounds
at or above 160 dB rms for impulse
sounds (e.g., impact pile driving) and
120 dB rms for non-pulse noise (e.g.,
vibratory pile driving), but below the
aforementioned injury thresholds.
Harbor seals and California sea lions are
not known to haul-out close to the
bridge; therefore, impacts from in-air
pile driving noise are not applicable
here.
Estimated distances to NMFS current
threshold sound levels from pile driving
during the proposed action were
derived using a practical spreading
model (15 log R) and are outlined in
Table 1 below. Distances to these
thresholds will undergo acoustic sound
source verification tests upon
commencement of pile driving and may
be adjusted accordingly.
E:\FR\FM\09APN1.SGM
09APN1
18162
Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices
TABLE 1: UNDERWATER DISTANCES TO NMFS HARASSMENT THRESHOLD LEVELS DURING PILE DRIVING.
Sound Levels (rms)
Pile Type
Hammer Type
190 dB
160 dB
120 dB
24‘‘ steel
Impact
16.8 m (55 ft)
1,000 m (3,280 ft)
n/a
24‘‘ steel
Vibratory
n/a
n/a
16.4 km (10.2 miles)
NMFS anticipates reactions of marine
mammals to noise will be similar to
those documented during previous
Caltrans’ pile driving projects and those
presented in scientific literature. These
include short-term behavioral
disturbances such as temporary
avoidance behavior around the bridge
which may affect the routes of seals and
sea lions or temporary cessation of
foraging. Pinnipeds are not known to
pup within the action area; therefore,
this behavior will not be affected. Gray
whales are not known to socialize,
calve, or forage within the action area;
therefore, these behaviors would not be
interrupted. However, some avoidance
by gray whales may occur. Because pile
driving would not occur continuously
throughout the day, any effects from
pile driving will be limited. The
location of piles would be limited to
shallow water (< 10 ft); no piles would
be placed in the river’s channel.
Therefore, adequate passage space
under the bridge will be available to
marine mammals. No long term impacts
are expected to occur.
Anticipated Effects on Marine Mammal
Habitat
certain subsistence uses. The latter does
not apply here as no subsistence
hunting takes place in California. The
following summarizes mitigation and
monitoring measures set forth in the
IHA.
Establishment of Safety Zone and Shut
Down Requirements
The isopleth for the Level A
harassment (injury) threshold (190 dB
re: 1 microPa) is modeled to be within
55 ft (16.8 m) of the impact pile
hammer; however, Caltrans has
proposed to delay impact pile driving
should a marine mammal come within
or approach 100 ft (30 m) of the pile
being driven. Vibratory pile driving
does not present source levels at or
above NMFS’ harassment threshold for
Level A harassment (190 dB re 1
microPa); however, Caltrans will also
employ a 30 m (100 ft) safety zone to
protect animals against physical harm
from the equipment. Sound source
verification tests will be conducted
upon commencement of pile driving to
verify acoustic models (see Acoustic
Monitoring below).
Limited Use of Impact Hammer
As a result of Endangered Species Act
(ESA) section 7 consultation discussions
with NMFS, Caltrans has agreed to drive
all temporary piles with a vibratory
hammer, to reduce impacts to listed
fish, with the exception of one pile per
day being ‘‘proofed’’ with an impact
hammer. Proofing requires
approximately 20–40 blows per pile,
which equates to approximately one
minute of impact hammering per day.
This action would also serve to reduce
impacts to marine mammals.
Monitoring and Mitigation Measures
srobinson on DSKHWCL6B1PROD with NOTICES
Marine mammal habitat will be
temporarily disturbed due to pile
driving activities. All steel and sheet
piles would be removed once the project
is complete; therefore, no additional
obstacles (e.g., more piles than currently
present) would be permanent. Noise
from pile driving may adversely impact
individual fish species which serve as
marine mammal prey; however, this
would be limited to fish immediately
within the vicinity of the pile and is not
expected to substantially reduce prey
availability.
A ‘‘soft start’’ technique will be used
at the beginning of each pile installation
to allow any marine mammal that may
be in the immediate area to leave before
vibratory piling reaches full energy. The
soft start requires contractors to initiate
noise from vibratory hammers for 15
seconds at reduced energy followed by
1–minute waiting period. The procedure
would be repeated two additional times.
Due to the short duration of impact pile
driving (20 seconds), the general ramp-
In order to issue an IHA under
Section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible
methods of taking pursuant to such
activity, and other means of effecting
the least practicable adverse impact on
such species or stock and its habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance, and on the availability of
such species or stock for taking for
VerDate Nov<24>2008
17:07 Apr 08, 2010
Jkt 220001
Soft Start to Pile Driving Activities
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
up requirement for impact pile driving
does not apply as it would actually
increase the duration of noise emitted
into the environment, and monitoring
should effectively detect marine
mammals within or near the designated
safety zone of 100 ft (30 m). If any
marine mammal is sighted within or
approaching this shut down zone prior
to pile-driving, Caltrans will delay piledriving until the animal has moved
outside and on a path away from such
zone or after 15 minutes have elapsed
since the last sighting of the marine
mammal.
Visual Monitoring
Safety zone monitoring will be
conducted during all active pile driving.
Monitoring of the 100 ft (30 m) safety
zone will be conducted by qualified,
NMFS-approved, protected species
observers (PSOs). Impact pile driving
will not begin until the 100 ft safety
zone is clear of marine mammals and
will be stopped in the event that marine
mammals enter the safety zone. For all
pile driving, PSOs will monitor for
marine mammals at least 30 minutes
prior to, during, and 30 minutes post inwater pile driving. Monitoring could be
conducted from small boats, as
observation from a higher vantage point
may not be practical. PSOs will remain
50 yards from swimming pinnipeds in
accordance with NMFS marine mammal
viewing guidelines (https://
swr.nmfs.noaa.gov/psd/
rookeryhaulouts/
CASEALVIEWBROCHURE.pdf). This
will prevent additional harassment to
pinnipeds from the vessel. If a land
based monitoring point can be found,
PSOs would be stationed here.
Observations will be made with
binoculars during daylight hours. Data
collection will consist of: (1) a count of
all pinnipeds and cetaceans sighted by
species, age and sex class, where able to
be determined; (2) a description of
behavior (based on the Richmond
Bridge Harbor Seal Survey classification
system); (3) location; (4) direction of
movement; (5) type of construction that
is occurring; (6) any acoustic or visual
reactions to specified activities; and (7)
time of the observation; (8) time that
pile driving begins and ends; and (9)
E:\FR\FM\09APN1.SGM
09APN1
Federal Register / Vol. 75, No. 68 / Friday, April 9, 2010 / Notices
environmental conditions such as wind
speed, wind direction, visibility,
temperature, tide level, current, and sea
state (described using the standard
Beaufort sea scale).
srobinson on DSKHWCL6B1PROD with NOTICES
Acoustic Monitoring
Monitors will be present to conduct
hydro-acoustic monitoring to
empirically establish the 190 dB RMS
(impulse) safety zone and behavioral
harassment zones. Field measurements
of sound pressure levels will be
recorded and analyzed. A more detailed
marine mammal monitoring plan and
hydro-acoustic monitoring plan will be
made by the monitoring contractor prior
to the start of the Antioch Bridge
seismic retrofit.
Reporting
A final report summarizing all marine
mammal monitoring data, including
those parameters listed above, and
construction activities will be submitted
to NMFS 90 days after the IHA expires.
An acoustic report analyzing
underwater sound characteristics during
pile driving shall also be submitted
within 90 days of expiration of the IHA.
Negligible Impact and Small Numbers
Analysis and Determination
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.’’
For reasons provided in detail in
NMFS’ December 4, 2009 (74 FR 67856),
Federal Register notice, pile driving
could result in harassment of 10 harbor
seals and 10 California sea lions or
approximately zero percent of each
population. The number of marine
mammals authorized to be taken
incidental to pile driving activities is
considered small when compared to the
population sizes of the affected stocks
(34,233 and 238,000, respectively).
Based on the analysis contained
herein on the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS finds that pile driving associated
with the Antioch Bridge Seismic
Retrofit Project will result in the
incidental take of small numbers of
marine mammals, by Level B
harassment only, and that the total
taking will have a negligible impact on
the affected species or stocks. There are
no relevant subsistence uses of marine
mammals implicated by this action;
therefore, no impacts to subsistence use
will occur.
VerDate Nov<24>2008
17:07 Apr 08, 2010
Jkt 220001
Endangered Species Act (ESA)
No ESA-listed marine mammals are
known to occur within the action area;
therefore, therefore, ESA consultation
on issuance of the proposed IHA was
not required. However, other ESA-listed
species under NMFS’ jurisdiction do
occur within the action area.
On January 26, 2009, NMFS received
a request from the Federal Highway
Administration (FHWA) to initiate
consultation under section 7 of the ESA
on Caltrans’ proposed Antioch Bridge
Seismic Retrofit Project as ESA-listed
fish are present within the action area.
NMFS issued a Biological Opinion
(BiOp) on Caltran’s Antioch Bridge
Seismic Retrofit Project on August 13,
2009. The BiOp concluded that the
proposed activities are not likely to
jeopardize the continued existence of
endangered Sacramento River Winterrun Chinook salmon, threatened CV
Spring-run Chinook salmon, threatened
CV steelhead, or threatened Southern
DPS of North American green sturgeon,
and is not likely to destroy or adversely
modify designated or proposed critical
habitat for these species.
National Environmental Policy Act
(NEPA)
On September 2, 2009, Caltrans
released an Environmental Assessment
(EA) and Finding of No Significant
Impact for the Dumbarton Bridge
project. For purposes of issuing an IHA,
NMFS found the environmental analysis
on marine mammal impacts lacking and
determined further NEPA analysis was
necessary. In the proposed IHA Federal
Register notice for this action, NMFS
preliminary determined a Categorical
Exclusion memo was appropriate for
issuing an IHA for the specified
activities. However, after further
consideration, NMFS prepared an EA
analyzing the effects of the permitted
activities on the human environment.
Based on the analyses in the EA, NMFS
determined that issuance of the permit
would not significantly impact the
quality of the human environment and
that preparation of an environmental
impact statement was not required.
Dated: April 1, 2010.
James H. Lecky,
Director,Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–8167 Filed 4–8–10; 8:45 am]
BILLING CODE 3510–22–S
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
18163
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List Addition
AGENCY: Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Addition to the Procurement
List.
SUMMARY: This action adds to the
Procurement List products to be
furnished by nonprofit agency
employing persons who are blind or
have other severe disabilities.
DATES: Effective Date: 5/10/2010.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia 22202–3259.
FOR FURTHER INFORMATION CONTACT:
Patricia Briscoe: (703) 603–7740, Fax:
(703) 603–0655, or e-mail
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
Addition
On 2/12/2010 (75 FR 6869–6870), the
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notice of proposed additions
to the Procurement List.
After consideration of the material
presented to it concerning capability of
the qualified nonprofit agency to
provide the products and impact of the
additions on the current or most recent
contractors, the Committee has
determined that the products listed
below are suitable for procurement by
the Federal Government under 41 U.S.C.
46–48c and 41 CFR 51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. The action will not result in any
additional reporting, recordkeeping or
other compliance requirements for small
entities other than the small
organizations that will furnish the
products to the Government.
2. The action will result in
authorizing small entities to furnish the
products to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the products proposed
for addition to the Procurement List.
E:\FR\FM\09APN1.SGM
09APN1
]]>Agencies
[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Notices]
[Pages 18160-18163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8167]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XS24
Small Takes of Marine Mammals Incidental to Specified Activities;
Antioch Bridge Seismic Retrofit Project, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to the California Department
of Transportation (Caltrans) allowing the take of small numbers of
marine mammals, by Level B harassment only, incidental to pile driving
associated with the Antioch Bridge Seismic Retrofit Project.
DATES: Effective August 15, 2010, through August 14, 2011.
ADDRESSES: A copy of the IHA and the application are available by
writing to P. Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225 or by
telephoning the contact listed here. A copy of the application
containing a list of the references used in this document may be
obtained by writing to the address specified above, telephoning the
contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting
the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents cited in this notice may be
viewed, by appointment, during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected
Resources, NMFS, 301-713-2289.
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 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. 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].''
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such 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.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of
an application followed by a 30-day public notice and comment period on
any proposed authorizations for the incidental harassment of marine
mammals. Within 45 days of the close of the comment period, NMFS must
either issue or deny the authorization.
Summary of Request
On May 4, 2009, NMFS received a request from Caltrans to harass
marine mammals incidental to the Antioch Bridge Seismic Retrofit
Project. In accordance with the MMPA, NMFS
[[Page 18161]]
issued a notice in the Federal Register on December 21, 2009 (74 FR
67856), requesting comments from the public on the proposed IHA.
The Antioch Bridge was designed in the late 1970s based on the
design standards that Caltrans established in 1971. Since that time,
upgraded standards have been issued, particularly Caltrans' Seismic
Design Criteria of 1999, of which the bridge does not meet. The
retrofit project will provide a seismic upgrade of the Antioch Bridge
to meet these current requirements. Pile driving during the project may
result in harassment of harbor seals (Phoca vitulina richardii) and
California sea lions (Zalophus californianus) within the action area.
Description of the Specified Activity
The Antioch Bridge is located 5.4 miles east of the confluence of
the Sacramento and San Joaquin Rivers, is 9,437-ft long, accommodates
one lane of traffic in either direction, and includes narrow
accommodation for bicyclists and pedestrians. Proposed retrofit
elements to the bridge include installation of steel bracings;
replacement of the existing elastometric bearings with isolation
bearings; and removal of the existing curtain walls and retrofit of all
the columns within the slab span structure. To accomplish this, a
temporary trestle will be built to allow access to the piers in shallow
water (out to Pier 11). The temporary marine trestle will be
constructed from the south shore of the San Joaquin River, out
approximately 910-ft into the river along the west side of the existing
bridge structure. This is where water depths are less than 10-ft below
mean lower-low water (MLLW) and are too shallow to be accessed by
barge. The trestle will be 25 ft wide with piles spaced 25-ft apart. It
will be constructed using approximately 160 24-in steel hollow shell
piles, which will be installed with a vibratory hammer. Vibrating a
single 24-in pile into place requires, at the most, ten minutes of
noise generating vibration. In addition, Caltrans will ``proof'' or
test one pile per day using an impact hammer to ensure the pile can
sustain the required load. Proofing the piles will require
approximately 20-40 blows per day, generating elevated sound pressure
for about one minute per day. The entire project is expected to take
2.5 years to complete; installation of the temporary piles is expected
to take approximately 4 months and is planned for August 1- November 1,
2010, although this may be delayed due to construction scheduling. At
the completion of the project, the trestle and all associated piles
will be removed. All pile driving will be conducted during daylight
hours only.
Comments and Responses
A notice of receipt and request for public comment on the
application and proposed authorization was published on December 21,
2009 (74 FR 67856). During the 30 day public comment period, the Marine
Mammal Commission (Commission) provided the only comment.
Comment: The Commission states that it recommends that NMFS issue
the requested authorization, provided that the monitoring and
mitigation activities described in NMFS' Federal Register notice are
carried out as described.
Response: NMFS agrees with the Commission's recommendation, and all
monitoring and mitigation measured described in the previous Federal
Register notice (74 FR 67856) are required in the current IHA.
Description of Marine Mammals in the Area of the Specified Activity
At least 35 marine mammal species can be found off the coast of
California; however, few venture into the Bay and only Pacific harbor
seals and California sea lions inhabit the eastern arm of the Bay over
which the Antioch Bridge stretches. Both species have been known to
sporadically venture into estuaries and rivers in search of food, and
the California Department of Fish and Game (CDFG) indicates that the
ranges of these two species encompass the region of the Delta in which
the project occurs. Detailed information on California sea lions and
harbor seals was provided in the December 21, 2009 (74 FR 67856),
Federal Register notice.
Potential Effects on Marine Mammals
NMFS and Caltrans have determined that pile driving has the
potential to result in behavioral harassment of harbor seals and
California sea lions that may be swimming or foraging in the project
vicinity while pile driving is being conducted. A detailed description
of potential impacts to marine mammals can be found in NMFS' proposed
IHA Federal Register notice (December 21, 2009, 74 FR 67856) and are
summarized here.
Marine mammals produce sounds in various contexts and use sound for
various biological functions including, but not limited to, (1) social
interactions; (2) foraging; (3) orientation; and (4) predator
detection. Interference with producing or receiving these sounds may
result in adverse impacts. Audible distance, or received levels (RLs)
will depend on the nature of the sound source, ambient noise
conditions, and the sensitivity of the receptor to the sound
(Richardson et al., 1995). Type and significance of marine mammal
reactions to noise are likely to be dependent on a variety of factors
including, but not limited to, the behavioral state (e.g., feeding,
traveling, etc.) of the animal at the time it receives the stimulus,
frequency of the sound, distance from the source, and the level of the
sound relative to ambient conditions (Southall et al., 2007).
Current NMFS practice regarding exposure of marine mammals to
anthropogenic noise is that in order to avoid injury of marine mammals
(e.g., PTS), pinnipeds should not be exposed to impulsive sounds of 180
and 190 dB rms or above, respectively. This level is considered
precautionary as it is likely that more intense sounds would be
required before injury would actually occur (Southall et al., 2007).
Potential for behavioral harassment (Level B) is considered to have
occurred when marine mammals are exposed to sounds at or above 160 dB
rms for impulse sounds (e.g., impact pile driving) and 120 dB rms for
non-pulse noise (e.g., vibratory pile driving), but below the
aforementioned injury thresholds. Harbor seals and California sea lions
are not known to haul-out close to the bridge; therefore, impacts from
in-air pile driving noise are not applicable here.
Estimated distances to NMFS current threshold sound levels from
pile driving during the proposed action were derived using a practical
spreading model (15 log R) and are outlined in Table 1 below. Distances
to these thresholds will undergo acoustic sound source verification
tests upon commencement of pile driving and may be adjusted
accordingly.
[[Page 18162]]
Table 1: Underwater distances to NMFS harassment threshold levels during pile driving.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sound Levels (rms)
Pile Type Hammer Type -------------------------------------------------------------------------------
190 dB 160 dB 120 dB
--------------------------------------------------------------------------------------------------------------------------------------------------------
24`` steel Impact 16.8 m (55 ft) 1,000 m (3,280 ft) n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
24`` steel Vibratory n/a n/a 16.4 km (10.2 miles)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NMFS anticipates reactions of marine mammals to noise will be
similar to those documented during previous Caltrans' pile driving
projects and those presented in scientific literature. These include
short-term behavioral disturbances such as temporary avoidance behavior
around the bridge which may affect the routes of seals and sea lions or
temporary cessation of foraging. Pinnipeds are not known to pup within
the action area; therefore, this behavior will not be affected. Gray
whales are not known to socialize, calve, or forage within the action
area; therefore, these behaviors would not be interrupted. However,
some avoidance by gray whales may occur. Because pile driving would not
occur continuously throughout the day, any effects from pile driving
will be limited. The location of piles would be limited to shallow
water (< 10 ft); no piles would be placed in the river's channel.
Therefore, adequate passage space under the bridge will be available to
marine mammals. No long term impacts are expected to occur.
Anticipated Effects on Marine Mammal Habitat
Marine mammal habitat will be temporarily disturbed due to pile
driving activities. All steel and sheet piles would be removed once the
project is complete; therefore, no additional obstacles (e.g., more
piles than currently present) would be permanent. Noise from pile
driving may adversely impact individual fish species which serve as
marine mammal prey; however, this would be limited to fish immediately
within the vicinity of the pile and is not expected to substantially
reduce prey availability.
Monitoring and Mitigation Measures
In order to issue an IHA under Section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to such
activity, and other means of effecting the least practicable adverse
impact on such species or stock and its habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stock for
taking for certain subsistence uses. The latter does not apply here as
no subsistence hunting takes place in California. The following
summarizes mitigation and monitoring measures set forth in the IHA.
Establishment of Safety Zone and Shut Down Requirements
The isopleth for the Level A harassment (injury) threshold (190 dB
re: 1 microPa) is modeled to be within 55 ft (16.8 m) of the impact
pile hammer; however, Caltrans has proposed to delay impact pile
driving should a marine mammal come within or approach 100 ft (30 m) of
the pile being driven. Vibratory pile driving does not present source
levels at or above NMFS' harassment threshold for Level A harassment
(190 dB re 1 microPa); however, Caltrans will also employ a 30 m (100
ft) safety zone to protect animals against physical harm from the
equipment. Sound source verification tests will be conducted upon
commencement of pile driving to verify acoustic models (see Acoustic
Monitoring below).
Limited Use of Impact Hammer
As a result of Endangered Species Act (ESA) section 7 consultation
discussions with NMFS, Caltrans has agreed to drive all temporary piles
with a vibratory hammer, to reduce impacts to listed fish, with the
exception of one pile per day being ``proofed'' with an impact hammer.
Proofing requires approximately 20-40 blows per pile, which equates to
approximately one minute of impact hammering per day. This action would
also serve to reduce impacts to marine mammals.
Soft Start to Pile Driving Activities
A ``soft start'' technique will be used at the beginning of each
pile installation to allow any marine mammal that may be in the
immediate area to leave before vibratory piling reaches full energy.
The soft start requires contractors to initiate noise from vibratory
hammers for 15 seconds at reduced energy followed by 1-minute waiting
period. The procedure would be repeated two additional times. Due to
the short duration of impact pile driving (20 seconds), the general
ramp-up requirement for impact pile driving does not apply as it would
actually increase the duration of noise emitted into the environment,
and monitoring should effectively detect marine mammals within or near
the designated safety zone of 100 ft (30 m). If any marine mammal is
sighted within or approaching this shut down zone prior to pile-
driving, Caltrans will delay pile-driving until the animal has moved
outside and on a path away from such zone or after 15 minutes have
elapsed since the last sighting of the marine mammal.
Visual Monitoring
Safety zone monitoring will be conducted during all active pile
driving. Monitoring of the 100 ft (30 m) safety zone will be conducted
by qualified, NMFS-approved, protected species observers (PSOs). Impact
pile driving will not begin until the 100 ft safety zone is clear of
marine mammals and will be stopped in the event that marine mammals
enter the safety zone. For all pile driving, PSOs will monitor for
marine mammals at least 30 minutes prior to, during, and 30 minutes
post in-water pile driving. Monitoring could be conducted from small
boats, as observation from a higher vantage point may not be practical.
PSOs will remain 50 yards from swimming pinnipeds in accordance with
NMFS marine mammal viewing guidelines (https://swr.nmfs.noaa.gov/psd/rookeryhaulouts/CASEALVIEWBROCHURE.pdf). This will prevent additional
harassment to pinnipeds from the vessel. If a land based monitoring
point can be found, PSOs would be stationed here. Observations will be
made with binoculars during daylight hours. Data collection will
consist of: (1) a count of all pinnipeds and cetaceans sighted by
species, age and sex class, where able to be determined; (2) a
description of behavior (based on the Richmond Bridge Harbor Seal
Survey classification system); (3) location; (4) direction of movement;
(5) type of construction that is occurring; (6) any acoustic or visual
reactions to specified activities; and (7) time of the observation; (8)
time that pile driving begins and ends; and (9)
[[Page 18163]]
environmental conditions such as wind speed, wind direction,
visibility, temperature, tide level, current, and sea state (described
using the standard Beaufort sea scale).
Acoustic Monitoring
Monitors will be present to conduct hydro-acoustic monitoring to
empirically establish the 190 dB RMS (impulse) safety zone and
behavioral harassment zones. Field measurements of sound pressure
levels will be recorded and analyzed. A more detailed marine mammal
monitoring plan and hydro-acoustic monitoring plan will be made by the
monitoring contractor prior to the start of the Antioch Bridge seismic
retrofit.
Reporting
A final report summarizing all marine mammal monitoring data,
including those parameters listed above, and construction activities
will be submitted to NMFS 90 days after the IHA expires. An acoustic
report analyzing underwater sound characteristics during pile driving
shall also be submitted within 90 days of expiration of the IHA.
Negligible Impact and Small Numbers Analysis and Determination
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.''
For reasons provided in detail in NMFS' December 4, 2009 (74 FR
67856), Federal Register notice, pile driving could result in
harassment of 10 harbor seals and 10 California sea lions or
approximately zero percent of each population. The number of marine
mammals authorized to be taken incidental to pile driving activities is
considered small when compared to the population sizes of the affected
stocks (34,233 and 238,000, respectively).
Based on the analysis contained herein on the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS finds that pile driving associated with the Antioch
Bridge Seismic Retrofit Project will result in the incidental take of
small numbers of marine mammals, by Level B harassment only, and that
the total taking will have a negligible impact on the affected species
or stocks. There are no relevant subsistence uses of marine mammals
implicated by this action; therefore, no impacts to subsistence use
will occur.
Endangered Species Act (ESA)
No ESA-listed marine mammals are known to occur within the action
area; therefore, therefore, ESA consultation on issuance of the
proposed IHA was not required. However, other ESA-listed species under
NMFS' jurisdiction do occur within the action area.
On January 26, 2009, NMFS received a request from the Federal
Highway Administration (FHWA) to initiate consultation under section 7
of the ESA on Caltrans' proposed Antioch Bridge Seismic Retrofit
Project as ESA-listed fish are present within the action area. NMFS
issued a Biological Opinion (BiOp) on Caltran's Antioch Bridge Seismic
Retrofit Project on August 13, 2009. The BiOp concluded that the
proposed activities are not likely to jeopardize the continued
existence of endangered Sacramento River Winter-run Chinook salmon,
threatened CV Spring-run Chinook salmon, threatened CV steelhead, or
threatened Southern DPS of North American green sturgeon, and is not
likely to destroy or adversely modify designated or proposed critical
habitat for these species.
National Environmental Policy Act (NEPA)
On September 2, 2009, Caltrans released an Environmental Assessment
(EA) and Finding of No Significant Impact for the Dumbarton Bridge
project. For purposes of issuing an IHA, NMFS found the environmental
analysis on marine mammal impacts lacking and determined further NEPA
analysis was necessary. In the proposed IHA Federal Register notice for
this action, NMFS preliminary determined a Categorical Exclusion memo
was appropriate for issuing an IHA for the specified activities.
However, after further consideration, NMFS prepared an EA analyzing the
effects of the permitted activities on the human environment. Based on
the analyses in the EA, NMFS determined that issuance of the permit
would not significantly impact the quality of the human environment and
that preparation of an environmental impact statement was not required.
Dated: April 1, 2010.
James H. Lecky,
Director,Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-8167 Filed 4-8-10; 8:45 am]
BILLING CODE 3510-22-S
