Takes of Marine Mammals Incidental to Specified Activities; Construction of the Knik Arm Crossing, Alaska, 54599-54600 [2010-22391]

Download as PDF Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices amended pursuant to the Pension Protection Act of 2006, Public Law 109– 280, which extended both TRQs, 9902.51.11 and 9902.51.15, through 2009. The Emergency Economic Stabilization Act of 2008 extended the TRQ for both HTS through 2014. The Act requires that the TRQs be allocated to persons who cut and sew men’s and boys’ worsted wool suits, suit-type jackets and trousers in the United States. On October 24, 2005, the Department adopted final regulations establishing procedures for allocating the TRQ. See 70 FR 61363; 19 CFR part 335. In order to be eligible for an allocation, an applicant must submit an application on the form provided at http://web.ita.doc.gov/tacgi/wooltrq.nsf/ TRQApp to the address listed above by 5 p.m. on October 8, 2010 in compliance with the requirements of 15 CFR 335. Any business confidential information that is marked business confidential will be kept confidential and protected from disclosure to the full extent permitted by law. Dated: September 1, 2010. Kim Glas, Deputy Assistant Secretary for Textiles and Apparel. [FR Doc. 2010–22382 Filed 9–7–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Notice of Solicitation of Applications for Allocation of Tariff Rate Quotas on the Import of Certain Worsted Wool Fabrics to Persons Who Weave Such Fabrics in the United States Department of Commerce, International Trade Administration. ACTION: The Department of Commerce (Department) is soliciting applications for an allocation of the 2011 tariff rate quotas on certain worsted wool fabric to persons who weave such fabrics in the United States. AGENCY: The Department hereby solicits applications from persons (including firms, corporations, or other legal entities) who weave worsted wool fabrics in the United States for an allocation of the 2011 tariff rate quotas on certain worsted wool fabric. Interested persons must submit an application on the form provided to the address listed below by October 8, 2010. The Department will cause to be published in the Federal Register its determination to allocate the 2011 tariff rate quotas and will notify applicants of their respective allocation as soon as jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:41 Sep 07, 2010 Jkt 220001 54599 possible after that date. Promptly thereafter, the Department will issue licenses to eligible applicants. DATES: To be considered, applications must be received or postmarked by 5 p.m. on October 8, 2010. ADDRESSES: Applications must be submitted to the Office of Textiles and Apparel, Room 3001, United States Department of Commerce, Washington, DC 20230 (telephone: (202) 482–3400). Application forms may be obtained from that office (via facsimile or mail) or from the following Internet address: http:// web.ita.doc.gov/tacgi/wooltrq.nsf/ TRQApp/fabric. FOR FURTHER INFORMATION CONTACT: Robert Carrigg, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–2573. SUPPLEMENTARY INFORMATION: to the Pension Protection Act of 2006, Public Law 109–280, which extended the TRQ for HTS 9902.51.16 through 2009. The Emergency Economic Stabilization Act of 2008 extended the TRQ for HTS 9902.51.16 through 2014. On October 24, 2005, the Department adopted final regulations establishing procedures for allocating the TRQ. See 70 FR 61363; 19 CFR 335. In order to be eligible for an allocation, an applicant must submit an application on the form provided at http:// web.ita.doc.gov/tacgi/wooltrq.nsf/ TRQApp/fabric to the address listed above by 5 p.m. on October 8, 2010 in compliance with the requirements of 15 CFR part 335. Any business confidential information that is marked business confidential will be kept confidential and protected from disclosure to the full extent permitted by law. Background Title V of the Trade and Development Act of 2000 (the Act) created two tariff rate quotas (TRQs), providing for temporary reductions in the import duties on limited quantities of two categories of worsted wool fabrics suitable for use in making suits, suittype jackets, or trousers: (1) for worsted wool fabric with average fiber diameters greater than 18.5 microns (Harmonized Tariff Schedule of the United States (HTS) heading 9902.51.11); and (2) for worsted wool fabric with average fiber diameters of 18.5 microns or less (HTS heading 9902.51.12). On August 6, 2002, President Bush signed into law the Trade Act of 2002, which includes several amendments to Title V of the Act. On December 3, 2004, the Act was further amended pursuant to the Miscellaneous Trade Act of 2004, Public Law 108–429. The 2004 amendment included authority for the Department to allocate a TRQ for new HTS category, HTS 9902.51.16. This HTS category refers to worsted wool fabric with average fiber diameter of 18.5 microns or less. The amendment provided that HTS 9902.51.16 is for the benefit of persons (including firms, corporations, or other legal entities) who weave such worsted wool fabric in the United States that is suitable for making men’s and boys’ suits. The TRQ for HTS 9902.51.16 provided for temporary reductions in the import duties on 2,000,000 square meters annually for 2005 and 2006. The amendment requires that the TRQ be allocated to persons who weave worsted wool fabric with average fiber diameter of 18.5 microns or less, which is suitable for use in making men’s and boys’ suits, in the United States. On August 17, 2006, the Act was further amended pursuant Dated: September 1, 2010. Kim Glas, Deputy Assistant Secretary for Textiles and Apparel. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 [FR Doc. 2010–22378 Filed 9–7–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XY18 Takes of Marine Mammals Incidental to Specified Activities; Construction of the Knik Arm Crossing, Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application for letter of authorization; request for comments and information. AGENCY: NMFS has received a request from the Knik Arm Bridge Toll Authority (KABATA), in coordination with the Department of Transportation Federal Highways Administration (FHWA), for authorization to take marine mammals incidental to construction of a bridge across Knik Arm, named the Knik Arm Crossing, Alaska, over the course of five construction seasons; approximately spring 2013 through autumn 2017. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the KABATA’s application and request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the KABATA’s application and SUMMARY: E:\FR\FM\08SEN1.SGM 08SEN1 54600 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices request. NMFS has reviewed KABATA’s request, including the information in its application, and determined that it is adequate and complete in accordance with 50 CFR 216.104(b)(1). DATES: Comments and information must be received no later than October 8, 2010. Comments on the application should be addressed 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. The mailbox address for providing email comments is PR1.0648– XY18@noaa.gov. Comments sent via email, including all attachments, must not exceed a 10–megabyte file size. FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected Resources, NMFS, (301) 713–2289, ext. 151. SUPPLEMENTARY INFORMATION: ADDRESSES: Availability A copy of KABATA’s application and request may be obtained by writing to the address specified above (see ADDRESSES), telephoning the contact listed above (see FOR FURTHER INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/ pr/permits/incidental.htm#applications. jlentini on DSKJ8SOYB1PROD with NOTICES Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) if certain findings are made and regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Authorization for incidental takings may 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 certain subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking 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.≥ VerDate Mar<15>2010 16:41 Sep 07, 2010 Jkt 220001 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]. Summary of Request On August 20, 2010, NMFS received a complete application from KABATA and FHWA requesting authorization to take of three species of marine mammals incidental to construction of a bridge, the Knik Arm Crossing (KAC), in Upper Cook Inlet, Alaska. The proposed construction is anticipated to take four construction seasons (approximately April-November, annually); however, given unforeseen construction delays, KABATA has requested regulations to be effective for the period of five seasons from 2013 through 2017. Marine mammals, particularly Cook Inlet beluga whales (Delphinapterus leucas), would be potentially exposed to various construction-related operations, including noise from pile driving, and the presence of constructed-related vessels. Because construction of the KAC has the potential to result in the incidental take marine mammals present within the action area, KABATA requests authorization to take, by Level B harassment, Cook Inlet beluga whales, harbor seals (Phoca vitulina), harbor porpoise (Phocoena phocoena). KABATA has not requested authorization for incidental take by injury (Level A harassment), serious injury or mortality. Specified Activities KABATA is proposing to construct a new bridge spanning Knik Arm and develop approaches on the MatanuskaSusistna Borough (Mat-Su) side of Knik Arm and the Municipality of Anchorage to connect the KAC to existing transportation infrastructure. In summary, the KAC would connect the Mat-Su approach to the Anchorage approach by way of an 8,200–foot (2.5 km) long, pier supported bridge. The bridge design calls for 29 permanent piers for the substructure, each consisting of four permanent, large diameter drilled shafts. The drilled shafts would be connected to the bridge superstructure columns through use of concrete footings. In addition, KABATA intends to install temporary moorage and temporary construction docks within Knik Arm waters and develop PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 land-based approaches on both sides of the Arm that will run adjacent to the water’s edge to varying degrees. A full description of the activities proposed by KABATA is described in the application. Information Solicited Interested persons may submit information, suggestions, and comments concerning KABATA’s request (see ADDRESSES). All information, suggestions, and comments related to KABATA’s request and NMFS’ potential development and implementation of regulations governing the incidental taking of marine mammals by KABATA in Knik Arm, Alaska, will be considered by NMFS in developing, if appropriate, regulations governing the issuance of letters of authorization. Dated: September 1, 2010. Helen M. Golde, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–22391 Filed 9–7–10; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF ENERGY Environmental Management SiteSpecific Advisory Board, Paducah Department of Energy (DOE) Notice of open meeting. AGENCY: ACTION: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. The Federal Advisory Committee Act (Pub. L. 92–463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register. DATES: Thursday, September 23, 2010, 6 p.m. ADDRESSES: Barkley Centre, 111 Memorial Drive, Paducah, Kentucky 42001. FOR FURTHER INFORMATION CONTACT: Reinhard Knerr, Deputy Designated Federal Officer, Department of Energy Paducah Site Office, Post Office Box 1410, MS–103, Paducah, Kentucky 42001, (270) 441–6825. SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the Board is to make recommendations to DOE–EM and site management in the areas of environmental restoration, waste management and related activities. Tentative Agenda: • Call to Order, Introductions, Review of Agenda • Deputy Designated Federal Officer’s Comments SUMMARY: E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54599-54600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XY18


Takes of Marine Mammals Incidental to Specified Activities; 
Construction of the Knik Arm Crossing, Alaska

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY:  NMFS has received a request from the Knik Arm Bridge Toll 
Authority (KABATA), in coordination with the Department of 
Transportation Federal Highways Administration (FHWA), for 
authorization to take marine mammals incidental to construction of a 
bridge across Knik Arm, named the Knik Arm Crossing, Alaska, over the 
course of five construction seasons; approximately spring 2013 through 
autumn 2017. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS 
is announcing receipt of the KABATA's application and request for the 
development and implementation of regulations governing the incidental 
taking of marine mammals and inviting information, suggestions, and 
comments on the KABATA's application and

[[Page 54600]]

request. NMFS has reviewed KABATA's request, including the information 
in its application, and determined that it is adequate and complete in 
accordance with 50 CFR 216.104(b)(1).

DATES:  Comments and information must be received no later than October 
8, 2010.

ADDRESSES: Comments on the application should be addressed 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. The mailbox address 
for providing email comments is PR1.0648-XY18@noaa.gov. Comments sent 
via e-mail, including all attachments, must not exceed a 10-megabyte 
file size.

FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 151.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of KABATA's application and request may be obtained by 
writing to the address specified above (see ADDRESSES), telephoning the 
contact listed above (see FOR FURTHER INFORMATION CONTACT), or visiting 
the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (Secretary) to allow, upon request, 
the incidental, but not intentional taking of marine mammals by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) if certain findings are made and regulations are issued or, if 
the taking is limited to harassment, notice of a proposed authorization 
is provided to the public for review.
    Authorization for incidental takings may 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 certain subsistence uses, 
and that the permissible methods of taking and requirements pertaining 
to the mitigation, monitoring and reporting of such taking 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].

Summary of Request

    On August 20, 2010, NMFS received a complete application from 
KABATA and FHWA requesting authorization to take of three species of 
marine mammals incidental to construction of a bridge, the Knik Arm 
Crossing (KAC), in Upper Cook Inlet, Alaska. The proposed construction 
is anticipated to take four construction seasons (approximately April-
November, annually); however, given unforeseen construction delays, 
KABATA has requested regulations to be effective for the period of five 
seasons from 2013 through 2017. Marine mammals, particularly Cook Inlet 
beluga whales (Delphinapterus leucas), would be potentially exposed to 
various construction-related operations, including noise from pile 
driving, and the presence of constructed-related vessels. Because 
construction of the KAC has the potential to result in the incidental 
take marine mammals present within the action area, KABATA requests 
authorization to take, by Level B harassment, Cook Inlet beluga whales, 
harbor seals (Phoca vitulina), harbor porpoise (Phocoena phocoena). 
KABATA has not requested authorization for incidental take by injury 
(Level A harassment), serious injury or mortality.

Specified Activities

    KABATA is proposing to construct a new bridge spanning Knik Arm and 
develop approaches on the Matanuska-Susistna Borough (Mat-Su) side of 
Knik Arm and the Municipality of Anchorage to connect the KAC to 
existing transportation infrastructure. In summary, the KAC would 
connect the Mat-Su approach to the Anchorage approach by way of an 
8,200-foot (2.5 km) long, pier supported bridge. The bridge design 
calls for 29 permanent piers for the substructure, each consisting of 
four permanent, large diameter drilled shafts. The drilled shafts would 
be connected to the bridge superstructure columns through use of 
concrete footings. In addition, KABATA intends to install temporary 
moorage and temporary construction docks within Knik Arm waters and 
develop land-based approaches on both sides of the Arm that will run 
adjacent to the water's edge to varying degrees. A full description of 
the activities proposed by KABATA is described in the application.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning KABATA's request (see ADDRESSES). All information, 
suggestions, and comments related to KABATA's request and NMFS' 
potential development and implementation of regulations governing the 
incidental taking of marine mammals by KABATA in Knik Arm, Alaska, will 
be considered by NMFS in developing, if appropriate, regulations 
governing the issuance of letters of authorization.

    Dated: September 1, 2010.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2010-22391 Filed 9-7-10; 8:45 am]
BILLING CODE 3510-22-S