Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Notices 66281 

days, the Port requested authorization 

for the incidental take of 138 harbor 

seals (an average of 2 per day), 69 

California sea lions (an average of 1 per 

day), 69 harbor porpoises (an average of 

1 per day), and 2 gray whales (2 

annually). Based on further consultation 

with the NMFS Southwest Regional 

Office and previous authorizations in 

this region, NMFS is proposing to 

authorize the take of five gray whales 

annually, rather than two. These 

numbers indicate the maximum number 

of animals expected to occur within the 

largest Level B harassment isopleth 

(1,900 m). 

Negligible Impact and Small Numbers 

Analysis and Determination 

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.’’ In making a 

negligible impact determination, NMFS 

considers a number of factors which 

include, but are not limited to, number 

of anticipated injuries or mortalities 

(none of which would be authorized 

here), number, nature, intensity, and 

duration of Level B harassment, and the 

context in which takes occur. 

As described above, marine mammals 

would not be exposed to activities or 

sound levels which would result in 

injury (PTS), serious injury, or 

mortality. Pile driving would occur in 

shallow coastal waters of the Columbia 

River. The action area (waters around 

Terminal 5) is not considered significant 

habitat for pinnipeds. The closest haulout is 3.2 km (2 mi) away, which is well 

outside the project area’s largest 

harassment zone. Marine mammals 

approaching the action area would 

likely be traveling or opportunistically 

foraging. The amount of take the Port 

has requested, and NMFS proposes to 

authorize, is considered small (less than 

one percent) relative to the estimated 

populations of 34,233 Pacific harbor 

seals, 238,000 California sea lions, 9,189 

harbor porpoises, and 18,813 gray 

whales. Marine mammals may be 

temporarily impacted by pile driving 

noise. However, marine mammals are 

expected to avoid the area, thereby 

reducing exposure and impacts. Pile 

driving activities are expected to occur 

for approximately 69 days. Furthermore, 

San Francisco Bay is a highly 

industrialized area, so animals are likely 

tolerant or habituated to anthropogenic 

disturbance, including low level 

vibratory pile driving operations, and 

noise from other anthropogenic sources 

(such as vessels) may mask construction 

related sounds. There is no anticipated 

effect on annual rates of recruitment or 

survival of affected marine mammals. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

NMFS preliminarily determines that the 

Port’s proposed pile driving activities 

will result in the incidental take of 

small numbers of marine mammals, by 

Level B harassment only, and that the 

total taking from will have a negligible 

impact on the affected species or stocks. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

No marine mammal species listed 

under the ESA are anticipated to occur 

within the action area. Therefore, 

section 7 consultation under the ESA is 

not required. 

National Environmental Policy Act 

(NEPA) 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), as implemented by 

the regulations published by the 

Council on Environmental Quality (40 

CFR parts 1500–1508), and NOAA 

Administrative Order 216–6, NMFS is 

preparing an Environmental Assessment 

(EA) to consider the direct, indirect, and 

cumulative effects to marine mammals 

and other applicable environmental 

resources resulting from issuance of a 

one-year IHA and the potential issuance 

of future authorizations for incidental 

harassment for the ongoing project. 

Upon completion, this EA will be 

available on the NMFS Web site listed 

in the beginning of this document (see 

ADDRESSES). 

Dated: October 19, 2011. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2011–27739 Filed 10–25–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2010–OS–0034] 

Defense Transportation Regulation, 

Part IV 

AGENCY: United States Transportation 

Command (USTRANSCOM), 

Department of Defense (DoD). 

ACTION: Notice of announcement. 

SUMMARY: Reference Federal Register 

Notice (FRN), Docket ID: DOD–2010– 

OS–0034, published April 1, 2010 (75 

FR 16445–16446) and subsequently 

revised April 5, 2011 (76 FR 18737). We 

have taken industry recommendations 

into consideration regarding the 

incorporation of local moves into the 

intrastate/interstate program. The 

Surface Deployment and Distribution 

Command (SDDC) is conducting a 

Direct Procurement Method (DPM) 

feasibility study to determine how local 

moves could be better managed to serve 

our DoD customers. Industry will be 

notified of any subsequent DoD 

decisions associated with the future of 

local moves. We thank our industry 

partners for their review and important 

suggestions to improve the Defense 

Personal Property Program (DP3). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jim Teague, United States 

Transportation Command, TCJ5/4–PI, 

508 Scott Drive, Scott Air Force Base, IL 

62225–5357; (618) 220–4803. 

Dated: October 21, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–27654 Filed 10–25–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Withdrawal of the Notice of Intent To 

Prepare a Programmatic 

Environmental Impact Statement for 

the Stationing and Operation of Joint 

High Speed Vessels 

AGENCY: Department of the Army, DoD. 

ACTION: Notice of intent; withdrawal. 

SUMMARY: On February 5, 2010, the 

Department of the Army announced in 

the Federal Register (75 FR 6003) its 

intention to prepare a Programmatic 

Environmental Impact Statement (PEIS) 

for the stationing and operation of up to 

12 Joint High Speed Vessels (JHSVs). In 

May 2011, the Army’s JHSVs were 

transferred to the U.S. Navy; therefore, 


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