Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Replacement of the Elliott Bay Seawall in Seattle, WA, 64961-64962 [2012-26236]

Download as PDF Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Notices determines maintaining the quotas from the previous year is unnecessary. Preliminary estimates indicate that the 2012 recreational red snapper quota (3.959 mp) will be exceeded by 440,000–840,000 pounds, which will result in the 2012 ABC being exceeded. As a result, the National Marine Fisheries Service Southeast Fisheries Science Center will evaluate the effect of this overharvest on the red snapper rebuilding plan. Based on the results of the analysis, the SSC will determine whether the 2013 ABC can be increased to its original level, to a different level, or should remain at the 2012 level. Copies of the agenda and other related materials can be obtained by calling (813) 348–1630 or can be downloaded from the Council’s ftp site, ftp.gulfcouncil.org. Although other non-emergency issues not on the agenda may come before the Scientific and Statistical Committees for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, those issues may not be the subject of formal action during this meeting. Actions of the Scientific and Statistical Committees will be restricted to those issues specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council’s intent to take action to address the emergency. Dated: October 18, 2012. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–26128 Filed 10–23–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Transportation (SDOT), on behalf of the City of Seattle (City), for authorization for the take, by Level B harassment, of marine mammals incidental to construction associated with the replacement of the Elliott Bay Seawall in Seattle, Washington, for the period September 2013-September 2018. Pursuant to Marine Mammal Protection Act (MMPA) implementing regulations, NMFS is announcing receipt of SDOT’s request for the development and implementation of 5-year regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on SDOT’s application and request. DATES: Comments and information must be received no later than November 23, 2012. ADDRESSES: Comments on the application should be addressed to Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is ITP.Magliocca@noaa.gov. NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 10-megabyte file size. Instructions: All comments received are a part of the public record and will generally be posted to http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of Protected Resources, NMFS, (301) 427–8400. SUPPLEMENTARY INFORMATION: AGENCY: Availability A copy of SDOT’s application may be obtained by visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/ incidental.htm. Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address. NMFS has received a request from the Seattle Department of 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 RIN 0648–BC69 wreier-aviles on DSK5TPTVN1PROD with Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Replacement of the Elliott Bay Seawall in Seattle, WA 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. SUMMARY: VerDate Mar<15>2010 14:21 Oct 23, 2012 Jkt 229001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 64961 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. 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.’’ 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 September 17, 2012, NMFS received a complete application from SDOT requesting authorization for the take of nine marine mammal species incidental to replacement of the Elliott Bay Seawall in Seattle, Washington over the course of 5 years, which would necessitate the promulgation of 5-year regulations. The purpose of the proposed project is to reduce the risks of coastal storm and seismic damage and to protect public safety, critical infrastructure, and associated economic activities in the area. Additionally, the project would improve the degraded ecosystem functions and processes of the Elliott Bay nearshore around the existing seawall. Noise produced during pile installation and removal activities has the potential to take marine mammals. SDOT requests authorization to take nine marine mammal species by Level B harassment only: Pacific harbor seal (Phoca vitulina), California sea lion (Zalophus californianus), Steller sea lion (Eumetopias jubatus), harbor porpoise (Phocoena phocoena), Dall’s porpoise (Phocoenoides dalli), both E:\FR\FM\24OCN1.SGM 24OCN1 64962 Federal Register / Vol. 77, No. 206 / Wednesday, October 24, 2012 / Notices southern resident and transient killer whales (Orcinus orca), humpback whale (Megaptera novaengliae), and gray whale (Eschrichtius jubatus). Injury or mortality is unlikely during the proposed project, and take by Level A harassment (including injury) or mortality is not requested in SDOT’s application. Specified Activities In the application submitted to NMFS, SDOT requests authorization to take marine mammals incidental to replacement of the Elliott Bay Seawall. Construction activities, namely vibratory and impact pile installation and removal, would occur in two phases. Phase 1 involves construction of the Central Seawall and Phase 2 involves construction of the North Seawall. The entire project is expected to take 7 years, but SDOT’s request covers the first 5 years. Section 2 of SDOT’s application describes the activities in detail, as well as the location and construction schedule. Information Solicited Interested persons may submit information, suggestions, and comments concerning SDOT’s request (see ADDRESSES). All information, suggestions, and comments related to SDOT’s request and NMFS’ potential development and implementation of regulations governing the incidental taking of marine mammals by SDOT’s activities will be considered by NMFS in developing, if appropriate, the most effective regulations governing the issuance of letters of authorization. Dated: October 18, 2012. Helen M. Golde, Acting Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2012–26236 Filed 10–23–12; 8:45 am] BILLING CODE 3510–22–P COMMODITY FUTURES TRADING COMMISSION Meeting of Technology Advisory Committee Commodity Futures Trading Commission (‘‘CFTC’’). ACTION: Notice. AGENCY: The CFTC announces that on Tuesday, October 30, 2012, its Technology Advisory Committee (TAC) will hold a public meeting in Chicago at the Hilton Chicago, 720 South Michigan Ave., Chicago, Illinois, 60605, from 9:00 a.m. to 5:00 p.m. The TAC will have presentations on the definition for High Frequency Trading (HFT) from its wreier-aviles on DSK5TPTVN1PROD with SUMMARY: VerDate Mar<15>2010 14:21 Oct 23, 2012 Jkt 229001 Subcommittee on Automated and High Frequency Trading, and presentations on technology solutions for both protecting customer funds, and solutions related to futures commission merchant (FCM) and designated contract market (DCM) risk management. The meeting will be held on October 30, 2012, from 10:00 a.m. to 5:00 p.m. Members of the public who wish to submit written statements in connection with the meeting should submit them by October 29, 2012. ADDRESSES: The meeting will take place in Chicago at the Hilton Chicago, 720 South Michigan Ave., Chicago, Illinois, 60605. Written statements should be submitted to: Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581, attention: Office of the Secretary. Please use the title ‘‘Technology Advisory Committee’’ in any written statement submitted. Any statements submitted in connection with the committee meeting will be made available to the public. FOR FURTHER INFORMATION CONTACT: Bella Rozenberg, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581, (202) 418–5119. SUPPLEMENTARY INFORMATION: The CFTC has determined that holding the announced TAC meeting is in the public interest in connection with the duties imposed on the CFTC by the Commodity Exchange Act, 7 U.S.C. 1– 26, as amended. Therefore, the meeting is being announced with less than the 15 calendar days’ notice provided by 41 CFR 102–3.150(b). The TAC meeting will focus on three significant issues facing the futures and swaps industries as the Commission continues to finalize rules under the Dodd Frank Act. Those issues are: (1) HFT definitions; (2) protecting customer funds; and (3) FCM and DCM risk management. The meeting will be open to the public with seating on a first-come, first-served basis. Members of the public who wish to listen to the meeting by telephone may do so by calling a toll-free telephone line to contact to a live, listen-only audio feed. Call-in participants should be prepared to provide their first name, last name and affiliation. Additionally, a video recording of the meeting will be published through a link on the CFTC’s Web site. All written submissions provided to the CFTC in any form will also be published on the Web site of the CFTC. Domestic Toll Free: 1–866–844–9416. DATES: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 International Toll: Under Related Documents to be posted on www.cftc.gov. Conference ID: 6403947. Call Leader Name: Michael Jones. Pass Code/Pin Code: CFTC. Authority: 5 U.S.C. app. 2 § 10(a)(2). By the Commodity Futures Trading Commission. Dated: October 19, 2012. Sauntia S. Warfield, Assistant Secretary of the Commission. [FR Doc. 2012–26173 Filed 10–23–12; 8:45 am] BILLING CODE 6351–01–P THE BUREAU OF CONSUMER FINANCIAL PROTECTION Privacy Act of 1974, as Amended Bureau of Consumer Financial Protection. ACTION: Notice of Proposed Privacy Act System of Records. AGENCY: In accordance with the Privacy Act of 1974, as amended, the Bureau of Consumer Financial Protection, hereinto referred to as the Consumer Financial Protection Bureau (‘‘CFPB’’ or the ‘‘Bureau’’), gives notice of the establishment of a Privacy Act System of Records. DATES: Comments must be received no later than November 23, 2012. The new system of records will be effective December 3, 2012, unless the comments received result in a contrary determination. SUMMARY: You may submit comments by any of the following methods: • Electronic: privacy@cfpb.gov. • Mail/Hand Delivery/Courier: Claire Stapleton, Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. Comments will be available for public inspection and copying at 1700 G Street NW., Washington, DC 20552 on official business days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make an appointment to inspect comments by telephoning (202) 435– 7220. All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. You should submit only information that you wish to make available publicly. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, (202) 435–7220. E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Pages 64961-64962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26236]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BC69


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Replacement of the Elliott Bay Seawall in Seattle, WA

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.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from the Seattle Department of 
Transportation (SDOT), on behalf of the City of Seattle (City), for 
authorization for the take, by Level B harassment, of marine mammals 
incidental to construction associated with the replacement of the 
Elliott Bay Seawall in Seattle, Washington, for the period September 
2013-September 2018. Pursuant to Marine Mammal Protection Act (MMPA) 
implementing regulations, NMFS is announcing receipt of SDOT's request 
for the development and implementation of 5-year regulations governing 
the incidental taking of marine mammals and inviting information, 
suggestions, and comments on SDOT's application and request.

DATES: Comments and information must be received no later than November 
23, 2012.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910. The mailbox address for providing email 
comments is ITP.Magliocca@noaa.gov. NMFS is not responsible for email 
comments sent to addresses other than the one provided here. Comments 
sent via email, including all attachments, must not exceed a 10-
megabyte file size.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of 
Protected Resources, NMFS, (301) 427-8400.

SUPPLEMENTARY INFORMATION: 

Availability

    A copy of SDOT's application may be obtained by visiting the 
Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. 
Documents cited in this notice may also be viewed, by appointment, 
during regular business hours, at the aforementioned address.

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.
    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.''
    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 September 17, 2012, NMFS received a complete application from 
SDOT requesting authorization for the take of nine marine mammal 
species incidental to replacement of the Elliott Bay Seawall in 
Seattle, Washington over the course of 5 years, which would necessitate 
the promulgation of 5-year regulations. The purpose of the proposed 
project is to reduce the risks of coastal storm and seismic damage and 
to protect public safety, critical infrastructure, and associated 
economic activities in the area. Additionally, the project would 
improve the degraded ecosystem functions and processes of the Elliott 
Bay nearshore around the existing seawall. Noise produced during pile 
installation and removal activities has the potential to take marine 
mammals. SDOT requests authorization to take nine marine mammal species 
by Level B harassment only: Pacific harbor seal (Phoca vitulina), 
California sea lion (Zalophus californianus), Steller sea lion 
(Eumetopias jubatus), harbor porpoise (Phocoena phocoena), Dall's 
porpoise (Phocoenoides dalli), both

[[Page 64962]]

southern resident and transient killer whales (Orcinus orca), humpback 
whale (Megaptera novaengliae), and gray whale (Eschrichtius jubatus). 
Injury or mortality is unlikely during the proposed project, and take 
by Level A harassment (including injury) or mortality is not requested 
in SDOT's application.

Specified Activities

    In the application submitted to NMFS, SDOT requests authorization 
to take marine mammals incidental to replacement of the Elliott Bay 
Seawall. Construction activities, namely vibratory and impact pile 
installation and removal, would occur in two phases. Phase 1 involves 
construction of the Central Seawall and Phase 2 involves construction 
of the North Seawall. The entire project is expected to take 7 years, 
but SDOT's request covers the first 5 years. Section 2 of SDOT's 
application describes the activities in detail, as well as the location 
and construction schedule.

Information Solicited

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

    Dated: October 18, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2012-26236 Filed 10-23-12; 8:45 am]
BILLING CODE 3510-22-P