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
77624 Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Notices 

STATUS: Closed to the Public. 

Matter To Be Considered 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 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. 2010–31351 Filed 12–9–10; 4:15 pm] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Intent To Grant an Exclusive License 

for U.S. Army Owned Inventions to 

Polymer Processing Institute 

AGENCY: Department of the Army, DoD. 

ACTION: Notice. 

SUMMARY: The Department of the Army 

announces that, unless there is an 

objection, after 15 days it contemplates 

granting an exclusive license to Polymer 

Processing Institute, a not-for-profit 

corporation having a place of business 

in the New Jersey Institute of 

Technology Campus in Newark, New 

Jersey, to produce the following 

inventions: 

• ARDEC Reference 2006–043, and 

U.S. patent application 12/483420— 

‘‘Foamed Celluloid Mortar Propellant 

Increment Containers’’—Inventors Ming-Wan 

Young, Costas G. Gogos; Niloufar Faridi; 

Linjie Zhu; Peter Bonnett; Howard Shimm; 

Elbert Caravaca; Joseph Palk. 

• ARDEC Reference 2006–043 

continuation (disclosure)—‘‘Foamed 

Celluloid and Applications Therefor’’. 

• ARDEC Reference 2009–014 

(disclosure)—‘‘Prepare Foamed 

Energetic Material at a High Production 

Rate’’—Inventors Linjie Zhu; Fei Shen; 

Ming-wan Young; Costas G. Gogos; 

Chong Peng; Mohamed Elalem; Joseph 

Palk; Howard (Howie) Shimm, Dale 

Conti; Elbert Caravaca; Peter Bonnett. 

• ARDEC Reference 2009–015 

(disclosure)—‘‘Prepare Foamed 

Energetic Material by Expandable Bead 

Methodology’’—Inventors Niloufar 

Faridi; Linjie Zhu; Ming-wan Young; 

Costas G. Gogos; Kuanyin Lin; 

Mohamed Elalem; Joseph Palk; Elbert 

Caravaca; Dale Conti. 

Any license granted shall comply 

with 35 U.S.C. 209 and 37 CFR part 404. 

DATES: File written objections by 

December 28, 2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Timothy S. Ryan, Technology Transfer 

Program Manager, RDAR–EIB, U.S. 

Army ARDEC, Picatinny Arsenal, NJ 

07806–5000, e-mail: 

timothy.s.ryan@us.army.mil; (973) 724– 

7953. 

SUPPLEMENTARY INFORMATION: Written 

objections must be filed within 15 days 

from publication date of this notice in 

the Federal Register. Any license 

granted shall comply with 35 U.S.C. 209 

and 37 CFR part 404. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 2010–31174 Filed 12–10–10; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF EDUCATION 

Office of Special Education and 

Rehabilitative Services Overview 

Information; National Institute on 

Disability and Rehabilitation Research 

(NIDRR)—Small Business Innovation 

Research Program (SBIR)—Phase I; 

Notice Inviting Applications for New 

Awards for Fiscal Year (FY) 2011 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.133S–1. 

Dates: 

Applications Available: December 13, 

2010. 

Deadline for Transmittal of 

Applications: February 11, 2011. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purpose of 

this program is to stimulate 

technological innovation in the private 

sector, strengthen the role of small 

business in meeting Federal research or 

research and development (R/R&D) 

needs, increase the commercial 

application of the U.S. Department of 

Education (Department) supported 

research results, and improve the return 

on investment from Federally funded 

research for economic and social 

benefits to the Nation. 

Note: This program is in concert with 

NIDRR’s currently approved long range plan 

(the Plan). The Plan is comprehensive and 

integrates many issues relating to disability 

and rehabilitation research topics. The Plan, 

which was published in the Federal Register 

on February 15, 2006 (71 FR 8165), can be 

accessed on the Internet at the following site: 

http://www.ed.gov/about/offices/list/osers/

nidrr/policy.html. 

Through the implementation of the 

Plan, NIDRR seeks to: (1) Improve the 

quality and utility of disability and 

rehabilitation research; (2) foster an 

exchange of expertise, information, and 

training to facilitate the advancement of 

knowledge and understanding of the 

unique needs of individuals with 

disabilities from traditionally 

underserved populations; (3) determine 

best strategies and programs to improve 

rehabilitation outcomes for individuals 

with disabilities from underserved 

populations; (4) identify research gaps; 

(5) identify mechanisms of integrating 

research and practice; and (6) 

disseminate findings. 

NIDRR Supports Manufacturing-Related 

Innovation (Executive Order 13329) 

Executive Order 13329 states that 

continued technological innovation is 

critical to a strong manufacturing sector 

in the United States economy and 

ensures that Federal agencies assist the 

private sector in its manufacturing 

innovation efforts. The Department’s 

SBIR program encourages innovative 

research and development (R&D) 

projects that are manufacturing-related, 

as defined by Executive Order 13329. 

Manufacturing-related R&D 

encompasses improvements in existing 

methods or processes, or wholly new 

processes, machines, or systems. The 

projects supported under the 

Department’s SBIR program encompass 

a range of manufacturing-related R&D, 

including projects leading to the 

manufacture of such items as artificial 

intelligence or information technology 

devices, software, and systems. For 

more information on Executive Order 

13329, please visit the following Web 

site: http://www.sba.gov/sbir/ 

execorder.html or contact Lynn Medley 

at: lynn.medley@ed.gov. 

Background 

The Small Business Reauthorization 

Act of 2000 (Act) was enacted on 

December 21, 2000. The Act requires 

certain agencies, including the 

Department, to establish SBIR programs 

by reserving a statutory percentage of 

their extramural R&D budgets to be 

awarded to small business concerns 

through a uniform, highly competitive 

three-phase process. 

The three phases of the SBIR program 

are: 

Phase I: Phase I projects determine, 

insofar as possible, the scientific or 

technical merit and feasibility of ideas 

submitted under the SBIR program. An 

application for Phase I should 

concentrate on research that will 

contribute significantly to proving the 

scientific or technical feasibility of the 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1