Notice of Advisory Committee Meeting Date Change, 335-336 [2010-33168]
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Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices
sounds from the USFWS’ proposed
activities are the principal concerns
related to subsistence use of the area.
Subsistence remains the basis for Alaska
Native culture and community. Marine
mammals are legally hunted in Alaskan
waters by coastal Alaska Natives. In
rural Alaska, subsistence activities are
often central to many aspects of human
existence, including patterns of family
life, artistic expression, and community
religious and celebratory activities.
Additionally, the animals taken for
subsistence provide a significant portion
of the food that will last the community
throughout the year. The main species
that are hunted include bowhead and
beluga whales, ringed, spotted, and
bearded seals, walruses, and polar bears.
[As mentioned previously in this
document, both the walrus and the
polar bear are under the USFWS’
jurisdiction.] The importance of each of
these species varies among the
communities and is largely based on
availability.
The subsistence communities in the
Chukchi Sea that have the potential to
be impacted by the USFWS’ proposed
action include Point Hope and Kivalina.
During the spring months that the
USFWS’ capture work is proposed to be
conducted both of these communities
hunt bowhead whales and ice seals.
Hunting for both bowhead whales and
ice seals typically occurs within 15 mi
(24 km) or less of the community,
according to local residents. At Point
Hope, hunters have informed the
USFWS that they hunt only to the west
and south of Point Hope.
Potential Impacts to Subsistence Uses
NMFS has defined ‘‘unmitigable
adverse impact’’ in 50 CFR 216.103 as:
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* * * an impact resulting from the specified
activity: (1) That is likely to reduce the
availability of the species to a level
insufficient for a harvest to meet subsistence
needs by: (i) Causing the marine mammals to
abandon or avoid hunting areas; (ii) Directly
displacing subsistence users; or (iii) Placing
physical barriers between the marine
mammals and the subsistence hunters; and
(2) That cannot be sufficiently mitigated by
other measures to increase the availability of
marine mammals to allow subsistence needs
to be met.
Noise and general activity during the
USFWS’ proposed polar bear program
have the potential to impact marine
mammals hunted by Native Alaskans.
The helicopter overflights have the
potential to disturb hauled out
pinnipeds by causing them to vacate the
area, which could potentially make the
animals unavailable to subsistence
hunters if the animals do not return to
the area.
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Plan of Cooperation (POC)
Regulations at 50 CFR 216.104(a)(12)
require IHA applicants for activities that
take place in Arctic waters to provide a
POC or information that identifies what
measures have been taken and/or will
be taken to minimize adverse effects on
the availability of marine mammals for
subsistence purposes. Over the past 3
years, as part of this work, the USFWS
regularly consults extensively with local
communities to identify temporal and
spatial no fly zones. These no fly zones
occur in areas of subsistence activities.
In consultation with local residents, the
USFWS has determined that flying to
the north and northwest of Point Hope
would not interfere with subsistence
activities. Therefore, the USFWS will
restrict flights to avoid the areas 15 mi
(24 km) to the south and west of Point
Hope and within a 15 mi (24 km) radius
of Kivalina. The majority of the USFWS’
polar bear work occurs greater than 30
mi (48 km) offshore, which also
minimizes the potential for flights to
affect availability of ice seals to local
hunters. The USFWS holds two
meetings in Point Hope each year (the
community in closest proximity to
much of the work). For 2011, the
USFWS has agreed with local whaling
captains and community leaders to have
regular, weekly communications to
identify no fly zones and ensure that
flight paths do not intersect areas of
subsistence activity. The USFWS also
regularly communicates with the
community of Kivalina, although polar
bears tend not to be concentrated in
close proximity to this community, thus
flight paths tend to occur well away
from subsistence use areas.
Unmitigable Adverse Impact Analysis
and Preliminary Determination
NMFS has preliminarily determined
that the USFWS’ polar bear capturerecapture program will not have an
unmitigable adverse impact on the
availability of species or stocks for
taking for subsistence uses. This
preliminary determination is supported
by the information contained in this
document and the POC contained in the
USFWS’ application (see ADDRESSES).
The USFWS has agreed to certain no fly
zones prior to beginning their activities.
Additionally, the USFWS will meet
regularly with subsistence use leaders in
both Point Hope and Kivalina to
redefine the no fly zones throughout the
season, if necessary. There will be no
impacts to beluga hunting, as this
project occurs well before the summer
beluga hunts in the Chukchi Sea. Lastly,
the majority of the USFWS’ flight tracks
will occur much further offshore than
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335
the typical sites for subsistence sealing
during the mid-March to early May time
period.
Based on the measures contained in
the USFWS’ POC, the proposed
mitigation and monitoring measures
(described earlier in this document),
and the project design itself, NMFS has
determined preliminarily that there will
not be an unmitigable adverse impact on
subsistence uses of marine mammals
from the USFWS’ proposed polar bear
capture-recapture program.
Endangered Species Act (ESA)
The Arctic subspecies of ringed seal
and the Beringia distinct population
segment of bearded seals are currently
proposed for listing under the ESA.
Pursuant to section 7(a)(4) of the ESA,
NMFS’ Permits, Conservation and
Education Division will work with
NMFS’ Endangered Species Division to
determine if a conference is necessary
for these proposed species.
National Environmental Policy Act
(NEPA)
NMFS is currently conducting an
analysis, pursuant to NEPA, to
determine whether or not this proposed
activity may have a significant effect on
the human environment. This analysis
will be completed prior to the issuance
or denial of this proposed IHA.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to
authorize the take of marine mammals
incidental to helicopter flights during
the USFWS’ polar bear capturerecapture program in the U.S. Chukchi
Sea, provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: December 28, 2010.
P. Michael Payne,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–33226 Filed 1–3–11; 8:45 am]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Notice of Advisory Committee Meeting
Date Change
AGENCY:
Missile Defense Agency (MDA),
DoD.
ACTION:
Notice.
On Tuesday, December 28,
2010 (75 FR 81589) the Department of
Defense announced meeting date
changes to the closed meetings of the
SUMMARY:
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Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices
Missile Defense Advisory Committee.
Due to administrative matters, these
meetings have been rescheduled from
January 6–7, 2011 to January 19–20,
2011. There are no other changes to the
notice announced on Tuesday,
December 14, 2010 (75 FR 77848).
FOR FURTHER INFORMATION CONTACT: Mr.
David Bagnati, Designated Federal
Officer at MDAC@mda.mil, phone/voice
mail 703–695–6438, or mail at 7100
Defense Pentagon, Washington, DC
20301–7100.
Dated: December 29, 2010.
Morgan F. Park,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2010–33168 Filed 1–3–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Intent To Prepare a Supplemental
Environmental Impact Statement
(SEIS) for PacRim Coal’s Proposed
Chuitna Coal Project
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Notice of Intent.
The Alaska District, U.S.
Army Corps of Engineers (USACE)
intends to prepare an SEIS to identify
and analyze the potential impacts
associated with the proposed Chuitna
Coal Project. It is anticipated that the
Environmental Protection Agency
(EPA), the Native Village of Tyonek
(NVT), the U.S. Fish and Wildlife
Service (USFWS), and the Alaska
Department of Natural Resources
(ADNR) will participate as cooperating
agencies in the SEIS development
process. The USACE will be evaluating
a permit application for work under
Section 10 of the Rivers and Harbors Act
and Section 404 of the Clean Water Act.
The SEIS will be used as a basis for the
Corps’ permit decision and to ensure
compliance with the National
Environmental Policy Act (NEPA). The
SEIS will also address issues related to
the Alaska Surface Coal Mining Control
and Reclamation Act (ASCMCRA)
permit, which governs all aspects of the
mining operation and infrastructure.
FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action
and the DSEIS can be answered by: Ms.
Serena Sweet, Regulatory Division,
telephone: (907) 753–2819, toll free in
AK: (800) 478–2712, fax: (907) 753–
5567, e-mail:
serena.e.sweet@usace.army.mil, or mail:
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SUMMARY:
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U.S. Army Corps of Engineers, CEPOA–
RD, Post Office Box 6898, Elmendorf
AFB, Alaska 99506–0898.
SUPPLEMENTARY INFORMATION:
1. The Chuitna Coal Project (Project)
is located in the Beluga Coal Field,
approximately 10 miles northwest of the
Native Village of Tyonek and 45 miles
west of Anchorage, Alaska. The Project
is based on the development of a +1
billion metric ton, ultra low sulfur subbituminous coal resource located within
the Chuitna Coal Lease Area. The
proposed Project includes a surface coal
mine, the Ladd Landing coal export
terminal and other associated support
facilities (including: Shop/office/
warehouse facility, fuel storage facility
and fueling station, ready line for
parking and fueling of rolling stock,
electrical substation, truck dump with
stilling shed and coal crusher, 35,000 to
40,000-ton covered surge bin, overland
conveyor loading station, roads, and a
power distribution system). The project
proponent, PacRim Coal, LP, targets a
coal production rate of approximately
12 million tons per year (facilities are
designed for up to 18–20 million tons
per year), and a 25-year mine life based
on current estimated coal reserves.
2. A previous project design was
evaluated in an EIS and permitted by
most of the applicable State and Federal
regulatory programs in the early 1990s;
however, this project did not proceed to
development. Since 2006, EPA has been
lead federal agency for the development
of an SEIS for the Project and the
USACE, ADNR, USFWS and NVT
participated as cooperating agencies (71
FR 33446). On October 31, 2010, the
EPA’s authority to issue and enforce
mining permits in Alaska for wastewater
discharges issued under the Clean Water
Act National Pollutant Discharge
Elimination System program was
transferred to the Alaska Department of
Environmental Conservation.
Consequently, the EPA recently
discontinued their role as lead federal
agency for the Chuitna SEIS.
3. Alternatives: The alternatives to be
evaluated include the ‘‘no-action’’
alternative, wastewater discharge
alternatives and alternative discharge
locations. In addition, the SEIS will
evaluate mine access road and conveyor
alignment alternatives, and coal export
terminal alternatives. Additional
alternatives may be developed.
4. Scoping for the proposed project
was completed by EPA in 2006. Based
on the comments received during this
scoping period, PacRim Coal, LP has
made revisions to the proposed Project.
In accordance with NEPA, the Corps has
reviewed the revised project description
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and determined that because these
revisions are the result of the original
scoping process and remain within the
original scope of review, additional
scoping processes will not be conducted
at this time.
5. Estimated Date of DSEIS Release:
December 2011.
Dated: December 28, 2010.
Serena E. Sweet,
Project Manager, Alaska District U.S. Army
Corps of Engineers.
[FR Doc. 2010–33214 Filed 1–3–11; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Notice of NEPA Public Scoping
Meeting Information for the Great
Lakes and Mississippi River Interbasin
Study (‘‘GLMRIS’’)
Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice.
AGENCY:
In a November 16, 2010,
Federal Register Notice (75 FR 69983),
the U.S. Army Corps of Engineers
(USACE), Chicago District announced in
a notice of intent that it will prepare a
feasibility report and an environmental
impact statement (EIS) for GLMRIS, and
it will host a public scoping meeting in
Chicago, Illinois, on December 15, 2010.
In a December 8, 2010, Federal Register
Notice (75 FR 76447), USACE
announced the metropolitan locations
where USACE would be hosting nine (9)
additional public scoping meetings for
GLMRIS. The December 8, 2010, notice
did not include specific meeting details.
This notice announces the venues, dates
and times of these nine (9) public
scoping meetings and also announces
USACE’s intent to host two (2)
additional public scoping meetings in
Milwaukee, Wisconsin and New
Orleans, Louisiana.
USACE, in consultation with other
federal agencies, Native American
tribes, state agencies, local governments
and non-governmental organizations, is
conducting a feasibility study of the
options and technologies that could be
applied to prevent aquatic nuisance
species (ANS) transfer between the
Great Lakes and Mississippi River
basins through aquatic pathways.
DATES: Until March 31, 2011, USACE
will be accepting public comments on
the scope of GLMRIS. Please refer to the
‘‘Scoping and Public Involvement’’
section below for instructions on how to
submit public comments, the dates of
SUMMARY:
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Agencies
[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Pages 335-336]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33168]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Notice of Advisory Committee Meeting Date Change
AGENCY: Missile Defense Agency (MDA), DoD.
ACTION: Notice.
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SUMMARY: On Tuesday, December 28, 2010 (75 FR 81589) the Department of
Defense announced meeting date changes to the closed meetings of the
[[Page 336]]
Missile Defense Advisory Committee. Due to administrative matters,
these meetings have been rescheduled from January 6-7, 2011 to January
19-20, 2011. There are no other changes to the notice announced on
Tuesday, December 14, 2010 (75 FR 77848).
FOR FURTHER INFORMATION CONTACT: Mr. David Bagnati, Designated Federal
Officer at MDAC@mda.mil, phone/voice mail 703-695-6438, or mail at 7100
Defense Pentagon, Washington, DC 20301-7100.
Dated: December 29, 2010.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-33168 Filed 1-3-11; 8:45 am]
BILLING CODE 5001-06-P