47926 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 

National Marine Fisheries Service 

(NMFS), 1315 East-West Highway, 

Silver Spring, MD 20910–3225 or by 

telephoning one of the contacts listed 

below. Documents cited in this notice 

may be viewed, by appointment, during 

regular business hours, at the 

aforementioned address and at the 

Alaska Regional Office, 222 West 7th 

Avenue, Anchorage, AK 99513. 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Daly, Office of Protected 

Resources, NMFS, (301) 713–2289. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1361 et seq.) directs the National 

Marine Fisheries Service (NMFS) 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 regulations are 

issued. Under the MMPA, the term 

‘‘taking’’ means to harass, hunt, capture, 

or kill or to attempt to harass, hunt, 

capture, or kill marine mammals. 

Authorization may be granted for 

periods up to 5 years if NMFS finds, 

after notification and opportunity for 

public comment, that the taking will 

have a negligible impact on the species 

or stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses. In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means 

effecting the least practicable adverse 

impact on the species and its habitat 

and on the availability of the species for 

subsistence uses, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. The 

regulations must include requirements 

for monitoring and reporting of such 

taking. 

Regulations governing the taking of 

Cook Inlet beluga whales 

(Delphinapterus leucas), harbor 

porpoises (Phocoena phocoena), killer 

whales (Orcinus orca), and harbor seals 

(Phoca vitulina), by harassment, 

incidental to in-water pile driving were 

issued on July 15, 2009 (74 FR 35136), 

and remain in effect until July 14, 2014. 

For detailed information on this action, 

please refer to that document. These 

regulations include mitigation, 

monitoring, and reporting requirements 

for the incidental take of marine 

mammals during the specified activity. 

Consistent with the regulations and 

associated rule making, NMFS has 

issued an LOA to the POA authorizing 

the incidental take of the four marine 

mammal species listed above that may 

result from in-water pile driving and 

chipping associated with the MTRP. 

Analysis of effects on those marine 

mammals and their availability for 

subsistence uses can be found in the 

final rule cited above for this action. 

Issuance of the LOA is based on a 

finding made in the preamble to the 

final rule that the total taking by these 

activities (with mitigation, monitoring, 

and reporting requirements) will have 

no more than a negligible impact on the 

affected species or stocks and will not 

have an unmitigable adverse impact on 

their availability for taking for 

subsistence uses. NMFS further finds 

the POA will satisfy the requirements in 

the regulations and LOA, as it has done 

in a prior take authorization. 

As stated in the regulations and LOA, 

take of marine mammals will be 

minimized through implementation of 

the following mitigation measures: (1) if 

a marine mammal is detected within or 

approaching the Level A or impact and 

vibratory pile driving Level B 

harassment isopleths (200 m, 350m and 

1,300 m, respectively) prior to in-water 

pile driving or chipping, those 

operations shall be immediately delayed 

or suspended until the marine mammal 

moves outside these designated zones or 

the animal is not detected within 15 

minutes of the last sighting; (2) in-water 

impact pile driving shall not occur 

during the period from two hours before 

low tide until two hours after low tide; 

(3) in-water piles will be driven with a 

vibratory hammer to the maximum 

extent possible (i.e., until a desired 

depth is achieved or to refusal) prior to 

using an impact hammer; (4) in-water 

pile driving or chipping shall not occur 

when conditions restrict clear, visible 

detection of all waters within 

harassment zones; (5) A ’’soft start’’ 

technique shall be used at the beginning 

of each day’s in-water pile driving 

activities or if pile driving has ceased 

for more than one hour to allow any 

marine mammal that may be in the 

immediate area to leave before piling 

driving reaches full energy; (6) if a 

group of more than 5 beluga whales or 

group with a calf is sighted within the 

Level B harassment isopleths, in-water 

pile driving shall be suspended; and (7) 

for operated in-water heavy machinery 

work other than pile driving or chipping 

(i.e., dredging, dump scowles, linetug 

boats used to move barges, barge 

mounted hydraulic excavators, or 

clamshell equipment used to place or 

remove material), if a marine mammal 

comes within 50 m, those operations 

will cease and vessels will reduce to the 

slowest speed practicable while still 

maintaining control of the vessel and 

safe working conditions. 

NMFS-approved marine mammal 

observers (MMOs) will be stationed at 

the port during all in-water pile driving 

and chipping. In addition, the POA and 

MARAD shall employ a scientific 

marine mammal monitoring team 

separate from the on-site MMOs to 

characterize beluga whale abundance, 

movements, behavior, and habitat use 

around the Port of Anchorage and 

observe, analyze, and document 

potential changes in behavior in 

response to in-water construction work. 

This monitoring team is not required to 

be present during all in-water pile 

driving operations but will continue 

monitoring one-year post in-water 

construction. The on-site MMOs and 

this marine mammal monitoring team 

shall remain in contact to alert each 

other to marine mammal presence when 

both teams are working. 

The POA and MARAD shall submit 

monthly reports, due the 10th of each 

month, summarizing all in-water 

construction activities and marine 

mammal monitoring sighting sheets. In 

addition, an annual report shall be due 

sixty days before expiration of the LOA. 

This report shall summarize monthly 

reports and any apparent long or short 

term impacts the MTRP may be having 

on marine mammals. This LOA will be 

renewed annually based on review of 

the annual monitoring report. 

Dated: September 10, 2009. 

James H. Lecky, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. E9–22501 Filed 9–17–09; 8:45 am] 

BILLING CODE 3510–22–S 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List Proposed Addition 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Proposed Addition to 

Procurement List. 

SUMMARY: The Committee is proposing 

to add to the Procurement List a service 

to be provided by nonprofit agency 

employing persons who are blind or 

have other severe disabilities. 

Comments Must Be Received on or 

Before: 10/19/2009. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47927 

Disabled, Jefferson Plaza 2, Suite 10800, 

1421 Jefferson Davis Highway, 

Arlington, Virginia, 22202–3259. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Briscoe Telephone: (703) 603– 

7740, Fax: (703) 603–0655, or e-mail 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to 41 

U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its 

purpose is to provide interested persons 

an opportunity to submit comments on 

the proposed action. 

Addition 

If the Committee approves the 

proposed addition, the entities of the 

Federal Government identified in this 

notice for the service will be required to 

furnish the service listed below from the 

nonprofit agency employing persons 

who are blind or have other severe 

disabilities. 

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. If approved, 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 service to the Government. 

2. If approved, the action will result 

in authorizing small entities to furnish 

the service 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 service proposed 

for addition to the Procurement List. 

Comments on this certification are 

invited. Commenters should identify the 

statement(s) underlying the certification 

on which they are providing additional 

information. 

End of Certification 

The following service is proposed for 

addition to Procurement List for 

production by the nonprofit agencies 

listed: 

Service 

Service Type/Location: Document 

Management, Portland Habilitation 

Center, 5312 NE., 148th Avenue, 

Portland, OR. 

NPA: Portland Habilitation Center, Inc., 

Portland, OR. 

Contracting Activity: Department of 

Agriculture, Forest Service, Gifford 

Pinchot National Forest, Vancouver, WA. 

Patricia Briscoe, 

Deputy Director, Business Operations, Pricing 

and Information Management. 

[FR Doc. E9–22447 Filed 9–17–09; 8:45 am] 

BILLING CODE 6353–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Intent To Prepare a Programmatic 

Environmental Impact Statement for 

the Chesapeake Bay Oyster Recovery 

Project, Virginia & Maryland 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DOD. 

ACTION: Notice of intent. 

SUMMARY: The U.S. Army Corps of 

Engineers (USACE), Baltimore (NAB) 

and Norfolk (NAO) Districts published a 

Notice of Intent (NOI) (71 FR 14857) for 

the Chesapeake Bay Native Oyster 

Recovery study on March 24, 2006. That 

NOI announced that the USACE 

Baltimore and Norfolk Districts would 

prepare a single, integrated Native 

Oyster Restoration Master Plan 

(NORMP) and Programmatic 

Environmental Impact Statement (PEIS) 

for native oyster recovery in the entire 

Chesapeake Bay (including both 

Maryland and Virginia). The USACE is 

undertaking native oyster recovery in 

the Chesapeake Bay to support efforts to 

reverse the ongoing decline in oyster 

resources throughout the Bay. 

The USACE is now announcing a 

major change in the timing of the 

NORMP and PEIS. The schedule for the 

NORMP and PEIS was delayed so that 

the document could be tiered to the 

‘‘Programmatic EIS for Oyster 

Restoration in Chesapeake Bay 

Including the Use of a Native and/or 

Nonnative Oyster’’ (PEIS ORCB). The 

preferred alternative identified in the 

PEIS recommends ‘‘using a combination 

of alternatives that involves only the 

native Eastern oyster (Crassostrea 

virginica).’’ Consistent with the 

preferred alternative, the USACE will 

expand upon and further develop plans 

and recommendations for Chesapeake 

Bay native oyster restoration in the 

NORMP and PEIS. 

FOR FURTHER INFORMATION CONTACT: 

Questions and comments about the 

NORMP and/or PEIS can be addressed 

to Mr. Craig Seltzer, Norfolk District 

U.S. Army Corps of Engineers, ATTN: 

CENAO–PM–PA, 803 Front Street, 

Norfolk, VA 23510. E-mail address: 

Craig.L.Seltzer@usace.army.mil and 

phone number: 757–201–7390 or Ms. 

Anna Compton, Baltimore District, U.S. 

Army Corps of Engineers, ATTN: 

CENAB–PL–P, 10 S. Howard Street, 

Baltimore, MD 21201. E-mail address: 

Anna.M.Compton@usace.army.mil and 

phone number: 410–962–4633. Please 

include your name and address in your 

message. 

SUPPLEMENTARY INFORMATION: 

1. The Baltimore District previously 

published a NOI (69 FR 68887) for the 

Chesapeake Bay Native Oyster Recovery 

study on November 26, 2004. That NOI 

indicated that the Baltimore District 

would prepare a Draft EIS for native 

oyster (Crassostrea virginica) recovery 

activities within Maryland waters of the 

Chesapeake Bay. A second NOI (71 FR 

14857) was published for the 

Chesapeake Bay Native Oyster Recovery 

study on March 24, 2006. That NOI 

announced that the USACE Baltimore 

and Norfolk Districts would prepare a 

single, integrated NORMP and PEIS for 

native oyster recovery in the entire 

Chesapeake Bay. 

2. To the fullest extent possible, the 

PEIS will be integrated with analyses 

and consultation required by the Fish 

and Wildlife Coordination Act of 1958, 

as amended; the National Historic 

Preservation Act of 1966, as amended; 

the Coastal Zone Management Act of 

1972, as amended; the Endangered 

Species Act of 1973, as amended; the 

Marine Protection, Research and 

Sanctuaries Act of 1972, as amended; 

the Clean Water Act of 1977, as 

amended; and other applicable laws and 

regulations. 

3. The NORMP/PEIS will be written 

in cooperation with the local sponsors, 

the Maryland Department of Natural 

Resources and Virginia Marine 

Resources Commission. 

4. The NORMP/PEIS will incorporate 

science, policy, and experience from a 

number of sources to develop a 

comprehensive approach to oyster 

restoration in Maryland and Virginia. 

The purpose of the NORMP is to lay out 

a road map for a long-term, large-scale 

restoration of native oysters in the entire 

Chesapeake Bay. All suitable locations 

and techniques available for native 

oyster restoration will be identified and 

explored, and, if feasible, will be 

included in the NORMP/PEIS. 

5. Previously performed oyster 

restoration activities by the Baltimore 

District include the: Creation of new 

oyster bars and rehabilitation of existing 

non-productive bars; construction of 

seed bars for production and collection 

of seed oysters or ‘‘spat’’; planting of 

hatchery produced and seed bar spat on 

new and rehabilitated bars; and 

monitoring of implemented projects. 


erowe on DSK5CLS3C1PROD with NOTICES