25748 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 030107C] 

Atlantic Highly Migratory Species; 

Exempted Fishing Permits; Request 

for Public Comments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for an exempted 

fishing permit; request for public 

comment. 

SUMMARY: This notice re-opens the 

comment period on an March 13, 2007, 

Federal Register notice that was 

extended on April 11, 2007, regarding a 

request for an exempted fishing permit 

(EFP) to collect fisheries data in the East 

Florida Coast and Charleston Bump 

closed areas. The extended comment 

period closed on April 25, 2007. NMFS 

is reopening the comment period due to 

requests from the South Atlantic Fishery 

Management Council (SAFMC) and 

others. The SAFMC has requested reopening the comment period to include 

their next meeting on June 11–15, 2007. 

The Agency is re-opening the comment 

period to allow for additional comments 

to be received from the SAFMC and the 

public prior to making a determination 

on the application. 

DATES: The deadline for written 

comments on the April 11, 2007 (72 FR 

18208), notice has been re-opened until 

5 p.m. on June 20, 2007. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: SF1.030107C@noaa.gov. 

Include in the subject line the following 

identifier: ‘‘I.D. 030107C’’. 

• Mail: Michael Clark, Highly 

Migratory Species Management Division 

(F/SF1), NMFS, 1315 East-West 

Highway, Silver Spring, MD 20910. 

Please mark the outside of the envelope 

‘‘Comments on EFP Application.’’

• Fax: (301)713–1917 

FOR FURTHER INFORMATION CONTACT: 

Michael Clark, by phone: (301) 713–

2347; fax: (301)713–1917. 

SUPPLEMENTARY INFORMATION: EFPs are 

requested and issued under the 

authority of the Atlantic Tunas 

Convention Act (ATCA) (16 U.S.C. 971 

et seq.) and the Magnuson-Stevens 

Fishery Conservation and Management 

Act (1601 U.S.C. 1801 et seq.), which 

regulate fishing activities of tunas, 

swordfish, sharks, and billfish. 

Regulations at 50 CFR 635.32 govern 

scientific research activity, exempted 

fishing, and exempted educational 

activity with respect to Atlantic Highly 

Migratory Species (HMS). 

On March 13, 2007 (72 FR 11327), 

NMFS published a notice announcing 

receipt of an application to conduct 

fishing activities from Pelagic Longline 

(PLL) vessels in portions of the East 

Florida Coast and Charleston Bump 

closed areas. The comment period was 

extended on April 11, 2007 (72 FR 

18208). The objectives of this EFP 

request have not changed. The applicant 

states that these data would provide 

information on circle hook performance, 

target and bycatch species composition, 

and allow comparative analysis with 

historical pelagic longline logbook and 

observer program data. The applicant 

states that the goals of these fishing 

activities are to determine if 

implementation of new pelagic longline 

fishing practices justify the resumption 

of PLL fishing in the selected areas and 

to catch more of the United States 

swordfish quota. The proposed 

activities would occur in Federal waters 

of the Atlantic Ocean off Florida and 

South Carolina from the date of issuance 

through April 2008. 

NMFS is re-opening the comment 

period until June 20, 2007, because of 

requests made by the South Atlantic 

Fishery Management and others. This 

will afford the Council an opportunity 

to consider the EFP request during their 

June 2007 meeting and will also provide 

additional time for the public to 

consider the application prior to the 

Agency making a determination. 

Authority: 16 U.S.C. 971 et seq. and 16 

U.S.C. 1801 et seq. 

Dated: May 1, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–8700 Filed 5–4–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 050107A] 

Taking of Marine Mammals Incidental 

to Specified Activities; Construction of 

the East Span of the San FranciscoOakland Bay Bridge 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of an 

incidental harassment authorization. 

SUMMARY: In accordance with provisions 

of the Marine Mammal Protection Act 

(MMPA) as amended, notification is 

hereby given that an Incidental 

Harassment Authorization (IHA) has 

been issued to the California 

Department of Transportation 

(CALTRANS) to take small numbers of 

California sea lions, Pacific harbor seals, 

harbor porpoises, and gray whales, by 

harassment, incidental to construction 

of a replacement bridge for the East 

Span of the San Francisco-Oakland Bay 

Bridge (SF-OBB) in California. 

DATES: This authorization is effective 

from May 2, 2007 until May 1, 2008. 

ADDRESSES: A copy of the application, 

IHA, and/or a list of references used in 

this document may be obtained by 

writing to P. Michael Payne, Chief, 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910–3225. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, NMFS, (301) 713–2289, ext 

137, or Monica DeAngelis, NMFS, (562) 

980–3232. 

SUPPLEMENTARY INFORMATION: 

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, notice of a proposed 

authorization is provided to the public 

for review. 

Permission shall be granted if NMFS 

finds that the taking will have no more 

than a negligible impact on the species 

or stock(s) and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses and that the 

permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring, and reporting of 

such taking 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.’’

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 


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incidentally take small numbers of 

marine mammals by harassment. 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]. 

Section 101(a)(5)(D) establishes a 45–

day time limit for NMFS review of an 

application followed by a 30–day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of small numbers 

of marine mammals. Within 45 days of 

the close of the comment period, NMFS 

must either issue or deny issuance of 

the authorization. 

Summary of Request 

On October 16, 2006, CALTRANS 

sumbitted a request to NOAA requesting 

renewal of an IHA for the possible 

harassment of small numbers of 

California sea lions (Zalophus 

californianus), Pacific harbor seals 

(Phoca vitulina richardsii), harbor 

porpoises (Phocoena phocoena), and 

gray whales (Eschrichtius robustus) 

incidental to construction of a 

replacement bridge for the East Span of 

the SF-OBB, in San Francisco Bay (SFB 

or the Bay), California. An IHA was 

issued to CALTRANS for this activity on 

April 30, 2006 and it will expire on 

April 29, 2007 (71 FR 26750, May 8, 

2006). Background information on the 

issuance of this IHA was published in 

the Federal Register on January 5, 2007 

(72 FR 532). A detailed description of 

the SF-OBB project was provided in the 

November 14, 2003 (68 FR 64595) 

Federal Register notice and is not 

repeated here. 

Comments and Responses 

A notice of receipt and request for 

public comment on the application and 

proposed authorization was published 

on January 5, 2007 (72 FR 532). During 

the 30–day public comment period, the 

Marine Mammal Commission 

(Commission) provided the only 

comment. 

Comment: The Commission states that 

it recommends that NMFS grant the 

applicant’s request, provided that the 

monitoring and mitigation activities 

described in the NMFS’ previous 

Federal Register notices are carried out 

as described. 

Response: NMFS agrees with the 

Commission’s recommendation, and all 

monitoring and mitigation measured 

described in the previous Federal 

Register notices (71 FR 26750, May 8, 

2006; 72 FR 532, January 5, 2007) are 

required in the current IHA. 

Description of the Marine Mammals 

Potentially Affected by the Activity 

General information on the marine 

mammal species found in California 

waters can be found in Caretta et al. 

(2006), which is available at the 

following URL: http:// 

www.nmfs.noaa.gov/pr/pdfs/sars/ 

po2005.pdf. Refer to that document for 

information on these species. 

The marine mammals most likely to 

be found in the SF-OBB area are the 

California sea lion, Pacific harbor seal, 

and harbor porpoise. From December 

through May gray whales may also be 

present in the SF-OBB area. Information 

on California sea lion, harbor seal, and 

gray whale was provided in the 

November 14, 2003 (68 FR 64595), 

Federal Register notice; information on 

harbor porpoise was provided in the 

January 26, 2006 (71 FR 4352), Federal 

Register notice. 

Potential Effects on Marine Mammals 

and Their Habitat 

CALTRANS and NMFS have 

determined that open-water pile 

driving, as outlined in the project 

description, has the potential to result 

in behavioral harassment of California 

sea lions, Pacific harbor seals, harbor 

porpoises, and gray whales that may be 

swimming, foraging, or resting in the 

project vicinity while pile driving is 

being conducted. Pile driving could 

potentially harass those few pinnipeds 

that are in the water close to the project 

site, whether their heads are above or 

below the surface. 

Based on airborne noise levels 

measured and on-site monitoring 

conducted during 2004 under the 

previous IHA, noise levels from the East 

Span project did not result in the 

harassment of harbor seals hauled out 

on Yerba Buena Island (YBI). Also, 

noise levels from the East Span project 

are not expected to result in harassment 

of the sea lions hauled out at Pier 39 as 

airborne and waterborne sound pressure 

levels (SPLs) would attenuate to below 

harassment levels by the time they reach 

that haul-out site, 5.7 km (3.5 miles) 

from the project site. 

For reasons provided in greater detail 

in NMFS’ November 14, 2003 (68 FR 

64595) Federal Register notice and in 

CALTRANS’ June 2004, January 2005 

annual monitoring reports, and marine 

mammal observation memoranda 

between February and September, 2006, 

the East Span Project resulted in only 

small numbers of harbor seals. 

Therefore, it is not expected that these 

activities will result in more than a 

negligible impact on marine mammal 

stocks and will not have a significant 

impact on their habitat. No pile driving 

has been commenced since September 

15, 2006. Short-term impacts to habitat 

may include minimal disturbance of the 

sediment where the channels are 

dredged for barge access and where 

individual bridge piers are constructed. 

Long-term impacts to marine mammal 

habitat will be limited to the footprint 

of the piles and the obstruction they 

will create following installation. 

However, this impact is not considered 

significant as the marine mammals can 

easily swim around the piles of the new 

bridge, as they currently swim around 

the existing bridge piers. 

Mitigation 

The following mitigation measures are 

required under the IHA to reduce 

impacts to marine mammals to the 

lowest extent practicable. 

Barrier Systems 

An air bubble curtain system is 

required to be used only when driving 

the permanent open-water piles. While 

the bubble curtain is required 

specifically as a method to reduce 

impacts to endangered and threatened 

fish species in SFB, it may also provide 

some benefit for marine mammals. The 

NMFS’ Biological Opinion and the 

California Department of Fish and 

Game’s (CDFG) 2001 Incidental Take 

Permit also allow for the use of other 

equally effective methods, such as 

cofferdams, as an alternative to the air 

bubble curtain system to attenuate the 

effects of sound pressure waves on fish 

during driving of permanent in-Bay 

piles (NMFS 2001; CDFG, 2001). Piers 

E–16 through E–7 for both the 

eastbound and westbound structures of 

the Skyway will be surrounded by 

sheet-pile cofferdams, which will be dewatered before the start of pile driving. 

De-watered cofferdams are generally 

effective sound attenuation devices. For 

Piers E3 through E6 of the Skyway and 

Pier 1 the Self-Anchored Suspension 

span, it is anticipated that cofferdams 

will not be used; therefore, a bubble 

curtain will surround the piles. 

Sound Attenuation 

As a result of the determinations 

made during the Pile Installation 

Demonstration Project (PIDP) restrike 

and the investigation at the BeniciaMartinez Bridge, NMFS determined in 

2003 that CALTRANS must install an 

air bubble curtain for pile driving for the 

open-water piles without cofferdams 


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25750 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 

located at the SF-OBB. This 

specification and configuration of the 

air bubble curtain system is described in 

pervious Federal Register notice (71 FR 

4352, January 26, 2006), and is not 

repeated here. 

Establishment of Safety/Buffer Zones 

A safety zone is to be established and 

monitored and will include all areas 

where the underwater SPLs are 

anticipated to equal or exceed 190 dB re 

1 microPa rms (impulse) for pinnipeds. 

Also, a 180–dB re 1 microPa rms 

(impulse) safety zone for gray whales 

and harbor porpoises must be 

established for pile driving occurring 

during the gray whale migration season 

from December through May. Prior to 

commencement of any pile driving, a 

preliminary 500–m (1,640–ft) radius 

safety zone for pinnipeds (California sea 

lions and Pacific harbor seals) will be 

established around the pile driving site, 

as it was for the PIDP. Once pile driving 

begins, either new safety zones can be 

established for the 500 kJ and 1,700 kJ 

hammers or the 500 m (1,640 ft) safety 

zone can be retained. If new safety 

zones are established based on SPL 

measurements, NMFS requires that each 

new safety zone be based on the most 

conservative measurement (i.e., the 

largest safety zone configuration). SPLs 

will be recorded at the 500–m (1,640–

ft) contour. The safety zone radius for 

pinnipeds will then be enlarged or 

reduced, depending on the actual 

recorded SPLs. 

Observers on boats will survey the 

safety zone to ensure that no marine 

mammals are seen within the zone 

before pile driving of a pile segment 

begins. If marine mammals are found 

within the safety zone, pile driving of 

the segment will be delayed until they 

move out of the area. If a marine 

mammal is seen above water and then 

dives below, the contractor will wait 15 

minutes and if no marine mammals are 

seen by the observer in that time it will 

be assumed that the animal has moved 

beyond the safety zone. This 15–minute 

criterion is based on scientific evidence 

that harbor seals in San Francisco Bay 

dive for a mean time of 0.50 minutes to 

3.33 minutes (Harvey and Torok, 1994), 

and the mean diving duration for harbor 

porpoises ranges from 44 to 103 seconds 

(Westgate et al., 1995). However, due to 

the limitations of monitoring from a 

boat, there can be no assurance that the 

zone will be devoid of all marine 

mammals at all times. 

Once the pile driving of a segment 

begins it cannot be stopped until that 

segment has reached its predetermined 

depth due to the nature of the sediments 

underlying the Bay. If pile driving stops 

and then resumes, it would potentially 

have to occur for a longer time and at 

increased energy levels. In sum, this 

would simply amplify impacts to 

marine mammals, as they would endure 

potentially higher SPLs for longer 

periods of time. Pile segment lengths 

and wall thickness have been specially 

designed so that when work is stopped 

between segments (but not during a 

single segment), the pile tip is never 

resting in highly resistant sediment 

layers. Therefore, because of this 

operational situation, if seals, sea lions, 

or harbor porpoises enter the safety zone 

after pile driving of a segment has 

begun, pile driving will continue and 

marine mammal observers will monitor 

and record marine mammal numbers 

and behavior. However, if pile driving 

of a segment ceases for 30 minutes or 

more and a marine mammal is sighted 

within the designated safety zone prior 

to commencement of pile driving, the 

observer(s) must notify the Resident 

Engineer (or other authorized 

individual) immediately and follow the 

mitigation requirements as outlined 

previously in this document. 

Soft Start 

It should be recognized that although 

marine mammals will be protected from 

Level A harassment by establishment of 

an air-bubble curtain and marine 

mammal observers monitoring a 190–dB 

safety zone for pinipeds and 180–dB 

safety zone for cetaceans, mitigation 

may not be 100 percent effective at all 

times in locating marine mammals. 

Therefore, in order to provide additional 

protection to marine mammals near the 

project area by allowing marine 

mammals to vacate the area prior to 

receiving a potential injury, CALTRANS 

will also ‘‘soft start’’ the hammer prior 

to operating at full capacity. 

CALTRANS typically implements a 

‘‘soft start’’ with several initial hammer 

strikes at less than full capacity (i.e., 

approximately 40–60 percent energy 

levels) with no less than a 1 minute 

interval between each strike. Similar 

levels of noise reduction are expected 

underwater. Therefore, the contractor 

will initiate hammering of both the 500–

kJ and the 1,700–kJ hammers with this 

procedure in order to allow pinnipeds 

or cetaceans in the area to voluntarily 

move from the area, this should expose 

fewer animals to loud sounds both 

underwater and above water noise. This 

would also ensure that, although not 

expected, any pinnipeds and cetaceans 

that are missed during safety zone 

monitoring will not be injured. 

Compliance with Equipment Noise 

Standards 

To mitigate noise levels and, 

therefore, impacts to California sea 

lions, Pacific harbor seals, harbor 

porpoises, and gray whales, all 

construction equipment will comply 

with applicable equipment noise 

standards of the U.S. Environmental 

Protection Agency, and all construction 

equipment will have noise control 

devices no less effective than those 

provided on the original equipment. 

Monitoring 

The following monitoring measures 

are required under the IHA to reduce 

impacts to marine mammals to the 

lowest extent practicable. 

Visual Observations 

The area-wide baseline monitoring 

and the aerial photo survey to estimate 

the fraction of pinnipeds that might be 

missed by visual monitoring have been 

completed under the current IHA and 

do not need to be continued. 

Safety zone monitoring will be 

conducted during driving of all openwater, permanent piles without 

cofferdams and with cofferdams when 

underwater SPLs reach 190 dB RMS or 

greater. Monitoring of the pinniped and 

cetacean safety zones will be conducted 

by a minimum of three qualified NMFSapproved observers for each safety zone. 

One three-observer team will be 

required for the safety zones around 

each pile driving site, so that multiple 

teams will be used if pile driving is 

occurring at multiple locations at the 

same time. The observers will begin 

monitoring at least 30 minutes prior to 

startup of the pile driving. Observers 

will most likely conduct the monitoring 

from small boats, as observations from 

a higher vantage point (such as the SFOBB) is not practical. Pile driving will 

not begin until the safety zone is clear 

of marine mammals. However, as 

described in the Mitigation section, 

once pile driving of a segment begins, 

operations will continue uninterrupted 

until the segment has reached its 

predetermined depth. However, if pile 

driving of a segment ceases for 30 

minutes or more and a marine mammal 

is sighted within the designated safety 

zone prior to commencement of pile 

driving, the observer(s) must notify the 

Resident Engineer (or other authorized 

individual) immediately and follow the 

mitigation requirements as outlined 

previously (see Mitigation). Monitoring 

will continue through the pile driving 

period and will end approximately 30 

minutes after pile driving has been 

completed. Biological observations will 


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Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Notices 25751 

be made using binoculars during 

daylight hours. Infrared (IR) scopes will 

be made using binoculars during low 

light condition for marine mammal 

monitoring. 

In addition to monitoring from boats 

during open-water pile driving, 

monitoring at one control site (harbor 

seal haul-out sites and the waters 

surrounding such sites not impacted by 

the East Span Project’s pile driving 

activities, i.e. Mowry Slough) will be 

designated and monitored for 

comparison. Monitoring will be 

conducted twice a week at the control 

site whenever open-water pile driving is 

being conducted. Data on all 

observations will be recorded and will 

include items such as species, numbers, 

behavior, details of any observed 

disturbances, time of observation, 

location, and weather. The reactions of 

marine mammals will be recorded based 

on the following classifications that are 

consistent with the Richmond Bridge 

Harbor Seal survey methodology (for 

information on the Richmond Bridge 

authorization, see 68 FR 66076, 

November 25, 2003): (1) No response, 

(2) head alert (looks toward the source 

of disturbance), (3) approach water (but 

not leave), and (4) flush (leaves haul-out 

site). The number of marine mammals 

under each disturbance reaction will be 

recorded, as well as the time when seal 

re-haul after a flush. 

Acoustical Observations 

Airborne noise level measurements 

have been completed and underwater 

environmental noise levels will 

continue to be measured as part of the 

East Span Project. The purpose of the 

underwater sound monitoring is to 

establish the safety zone of 190 dB re 1 

micro-Pa RMS (impulse) for pinnipeds 

and the safety zone of 180 dB re 1 

micro-Pa RMS (impulse) for cetaceans. 

Monitoring will be conducted during 

the driving of the last half (deepest pile 

segment) for any given open-water pile. 

One pile in every other pair of pier 

groups will be monitored. One reference 

location will be established at a distance 

of 100 m (328 ft) from the pile driving. 

Sound measurements will be taken at 

the reference location at two depths (a 

depth near the mid-water column and a 

depth near the bottom of the water 

column but at least 1 m (3 ft) above the 

bottom) during the driving of the last 

half (deepest pile segment) for any given 

pile. Two additional in-water spot 

measurements will be conducted at 

appropriate depths (near mid water 

column), generally 500 m (1,640 ft) in 

two directions either west, east, south or 

north of the pile driving site will be 

conducted at the same two depths as the 

reference location measurements. In 

cases where such measurements cannot 

be obtained due to obstruction by land 

mass, structures or navigational hazards, 

measurements will be conducted at 

alternate spot measurement locations. 

Measurements will be made at other 

locations either nearer or farther as 

necessary to establish the approximate 

distance for the safety zones. Each 

measuring system shall consist of a 

hydrophone with an appropriate signal 

conditioning connected to a sound level 

meter and an instrument grade digital 

audiotape recorder (DAT). Overall SPLs 

shall be measured and reported in the 

field in dB re 1 micro-Pa rms (impulse). 

An infrared range finder will be used to 

determine distance from the monitoring 

location to the pile. The recorded data 

will be analyzed to determine the 

amplitude, time history and frequency 

content of the impulse. 

Reporting 

Under previous IHAs, CALTRANS 

submitted weekly marine mammal 

monitoring reports when pile driving is 

commenced. In August 2006, 

CALTRANS submitted its 

Hydroacoustic Measurement at Piers T1 

and E2 report. This report is available 

by contacting NMFS (see ADDRESSES) or 

on the Web at http://biomitigation.org. 

Under the 2007 IHA, coordination 

with NMFS will occur on a weekly 

basis, or more often as necessary. During 

periods with open-water pile driving 

activity, weekly monitoring reports will 

be made available to NMFS and the 

public at http://biomitigation.org. These 

weekly reports will include a summary 

of the previous week’s monitoring 

activities and an estimate of the number 

of seals and sea lions that may have 

been disturbed as a result of pile driving 

activities. 

In addition, CALTRANS will provide 

NMFS’ Southwest Regional 

Administrator with a draft final report 

within 90 days after completion of the 

westbound Skyway contract and 90 

days after completion of the Suspension 

Span foundations contract. This report 

should detail the monitoring protocol, 

summarize the data recorded during 

monitoring, and estimate the number of 

marine mammals that may have been 

harassed due to pile driving. If 

comments are received from the 

Regional Administrator on the draft 

final report, a final report must be 

submitted to NMFS within 30 days 

thereafter. If no comments are received 

from NMFS, the draft final report will 

be considered to be the final report. 

National Environmental Policy Act 

(NEPA) 

In November, 2003, NMFS prepared 

an Environmental Assessment (EA) and 

made a Finding of No Significant Impact 

(FONSI) on this action. Notice of public 

availability of the EA/FONSI was 

published on November 14, 2003 (68 FR 

64595) and on October 20, 2004 (69 FR 

61652). NMFS has reviewed the 

November 4, 2003 EA/FONSI in 

response to the request for renewal of 

this IHA and has determined that the 

findings and determinations made in 

the EA/FONSI continue to accurately 

address the impacts on the human 

environment through the taking of 

marine mammals by the CALTRANS 

project. Therefore, preparation of an 

environmental impact statement on this 

action is not required. 

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. 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. A conservation 

recommendation contained in the 

Biological Opinion was the use of an air 

bubble curtain to reduce impacts to 

salmonids. 

Listed marine mammals are not 

expected to be in the area of the action 

and thus would not be affected. The 

issuance of this 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. 

However, as the effects of the 

underlying activities on listed 

salmonids were analyzed during a 

formal consultation between the FHWA 

and NMFS and as the underlying action 

has not changed from that considered in 

the consultation, the discussion of 

effects that are contained in the 

Biological Opinion issued to the FHWA 

on October 30, 2001, pertains also to 

this action. In conclusion, NMFS has 

determined that issuance of an IHA for 

this activity does not lead to any effects 

to listed species apart from those that 

were considered in the consultation on 

FHWA’s action. 


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Determinations 

For the reasons discussed in this 

document and in previously identified 

supporting documents, NMFS has 

determined that the impact of pile 

driving and other activities associated 

with construction of the East Span 

Project should 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 determine that this action will 

have a negligible impact on California 

sea lion, Pacific harbor seal, harbor 

porpoises, 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. 

Authorization 

NMFS has issued 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. 

Dated: May 1, 2007. 

Wanda Cain, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E7–8698 Filed 5–4–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

Proposed Information Collection; 

Comment Request; Low-Power 

Television and Translator Digital-toAnalog Conversion Program 

Application Form 

ACTION: Notice. 

SUMMARY: The U.S. Department of 

Commerce, as part of its continuing 

efforts to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

comment on a proposed information 

collection, as required by the Paperwork 

Reduction Act of 1995, Public Law 104–

13 (44 U.S.C. 3506(c)(2)(A)). 

DATES: Written comments must be 

submitted on or before July 6, 2007. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, U.S. 

Department of Commerce, Room 6625, 

1401 Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet dhynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument(s) and instructions should 

be directed to Clifton Beck, National 

Telecommunications and Information 

Administration (NTIA), Room 4888, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The purpose of the Low-Power 

Television and Translator Digital-toAnalog Conversion Program is to assist 

each eligible low-power television 

station to receive compensation toward 

the cost of the purchase of a digital-toanalog conversion device that enables it 

to convert the incoming digital signal of 

its corresponding full-power television 

station to analog format for transmission 

on the low-power television station’s 

analog channel. 

‘‘The term ‘low-power television 

station’ means a low-power television 

broadcast station, Class A television 

station, television translator station, or 

television booster station—

(1) that is itself broadcasting 

exclusively in analog format; and 

(2) that has not purchased a digital-toanalog conversion device prior to the 

date of enactment of the Digital 

Television Transition and Public Safety 

Act of 2005’’ (See Section 3008 of the 

Deficit Reduction Act of 2005, Pub. L. 

109–171, 120 Stat. 4, 25 (2006)). 

This information collection requests 

information necessary to determine the 

identity and the number of potentially 

eligible and priority applicant stations, 

and the type of equipment required. The 

information collection also requests 

optional information about the number 

of potentially eligible and priority 

applicant stations, and the type of 

equipment required which NTIA will 

use to design the Low-Power Television 

and Translator Upgrade Program, which 

is a follow-on program to the LowPower Television and Translator Digitalto-Analog Conversion Program and is 

directed at the same applicant pool. 

II. Method of Collection 

The method of collection will be 

electronic by the Internet. 

III. Data 

OMB Control Number: None. 

Form Number: None. 

Type of Review: Regular submission. 

Affected Public: Business or other forprofit organizations, not-for-profit 

institutions, state or local government 

agencies, individuals or households. 

Estimated Number of Respondents: 

4,000. 

Estimated Time Per Response: 1 hour. 

Estimated Total Annual Burden 

Hours: 4,000. 

Estimated Total Annual Cost to the 

Public: $0. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; (d) ways to minimize the 

burden of the collection of information 

on respondents, e.g., the use of 

automated collection techniques or 

other forms of information technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of the information collection; 

they also will become a matter of public 

record. 

Dated: May 1, 2007. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E7–8629 Filed 5–4–07; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Sunshine Act; Defense Health Board 

(DHB) Meeting 

AGENCY: Department of Defense. 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act of 1972 (5 


pwalker on PROD1PC71 with NOTICES