Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 77623 

Level B behavioral harassment only, i.e., 

the exposure of received levels for 

impulse noise between 160 and 180 dB 

(rms) re 1 μPa (from impact pile driving) 

and for non-impulse noise between 120 

and 180 dB (rms) re 1 μPa (from 

vibratory pile driving). In addition, the 

potential behavioral responses from 

exposed animals are expected to be 

localized and short in duration. 

These low intensity, localized, and 

short-term noise exposures (i.e., 160 dB 

re 1 μPa (rms) from impulse sources and 

120 dB re 1 μPa (rms) from non-impulse 

sources), are expected to cause brief 

startle reactions or short-term behavioral 

modification by the animals. These brief 

reactions and behavioral changes are 

expected to disappear when the 

exposures cease. Therefore, these levels 

of received underwater construction 

noise from the proposed SF–OBB 

construction project are not expected to 

affect marine mammal annual rates of 

recruitment or survival. The average 

measured 160 dB isopleths from impact 

pile driving is 1,000 m from the pile, 

and the estimated 120 dB isopleths from 

vibratory pile driving is approximately 

1,900 m from the pile. 

For the reasons discussed in this 

document, NMFS has preliminarily 

determined that the impact of in-water 

pile driving associated with 

construction of the SF–OBB would 

result, at worst, in the Level B 

harassment of small numbers of 

California sea lions, Pacific harbor seals, 

harbor porpoises, and potentially gray 

whales that inhabit or visit SFB in 

general and the vicinity of the SF–OBB 

in particular. While behavioral 

modifications, including temporarily 

vacating the area around the 

construction site, may be made by these 

species to avoid the resultant visual and 

acoustic disturbance, the availability of 

alternate areas within SFB and haul-out 

sites (including pupping sites) and 

feeding areas within the Bay has led 

NMFS to preliminarily determine that 

this action will have a negligible impact 

on California sea lion, Pacific harbor 

seal, harbor porpoise, and gray whale 

populations along the California coast. 

In addition, no take by Level A 

harassment (injury) or death is 

anticipated and harassment takes 

should be at the lowest level practicable 

due to incorporation of the mitigation 

measures mentioned previously in this 

document. The activity will not have an 

unmitigable adverse impact on 

subsistence uses of marine mammals 

described in MMPA section 

101(a)(5)(D)(i)(II). 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

National Environmental Policy Act 

(NEPA) 

NMFS’ prepared an Environmental 

Assessment (EA) for the take of marine 

mammals incidental to construction of 

the East Span of the SF–OBB and made 

a Finding of No Significant Impact 

(FONSI) on November 4, 2003. Due to 

the modification of part of the 

construction project and the mitigation 

measures, NMFS reviewed additional 

information from CALTRANS regarding 

empirical measurements of pile driving 

noises for the smaller temporary piles 

without an air bubble curtain system 

and the use of vibratory pile driving. 

NMFS prepared a Supplemental 

Environmental Assessment (SEA) and 

analyzed the potential impacts to 

marine mammals that would result from 

the modification of the action. A 

Finding of No Significant Impact 

(FONSI) was signed on August 5, 2009. 

A copy of the SEA and FONSI is 

available upon request (see ADDRESSES). 

Endangered Species Act (ESA) 

On October 30, 2001, NMFS 

completed consultation under section 7 

of the ESA with the Federal Highway 

Administration (FHWA) on the 

CALTRANS’ construction of a 

replacement bridge for the East Span of 

the SF–OBB in California. Anadromous 

salmonids are the only listed species 

which may be affected by the project. 

The finding contained in the Biological 

Opinion was that the proposed action at 

the East Span of the SF–OBB is not 

likely to jeopardize the continued 

existence of listed anadromous 

salmonids, or result in the destruction 

or adverse modification of designated 

critical habitat for these species. Listed 

marine mammals are not expected to be 

in the area of the action and thus would 

not be affected. 

NMFS proposed issuance of an IHA to 

CALTRANS constitutes an agency 

action that authorizes an activity that 

may affect ESA-listed species and, 

therefore, is subject to section 7 of the 

ESA. There is no ESA-listed marine 

mammal species in the proposed action 

area, therefore, NMFS has determined 

that issuance of an IHA for this activity 

will have no effect on any listed marine 

mammal species. 

Proposed Authorization 

NMFS proposes to issue an IHA to 

CALTRANS for the potential 

harassment of small numbers of harbor 

seals, California sea lions, harbor 

porpoises, and gray whales incidental to 

construction of a replacement bridge for 

the East Span of the San FrancisoOakland Bay Bridge in California, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. NMFS 

has preliminarily determined that the 

proposed activity would result in the 

harassment of only small numbers of 

harbor seals, California sea lions, harbor 

porpoises, and possibly gray whales and 

will have no more than a negligible 

impact on these marine mammal stocks. 

Dated: December 7, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–31214 Filed 12–10–10; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, December 

15, 2010, 10 a.m.–12 Noon. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Commission Meeting—Open to 

the Public 

Matter To Be Considered 

Decisional Matter: Full-Sized and 

Non-Full-Sized Cribs—Final Rules. 

A live webcast of the Meeting can be 

viewed at http://www.cpsc.gov/webcast. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: December 7, 2010. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2010–31350 Filed 12–9–10; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, December 

15, 2010; 2 p.m.—3 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1