Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20361 

attained because the materials are 

nanoscale or novel in structure. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 21, 

2012. 

Docket Number: 12–016. Applicant: 

University of Nebraska-Lincoln, 1700 Y 

St., Lincoln, NE 68588–0645. 

Manufacturer: FEI Company, the 

Netherlands. Intended Use: The 

instrument will be used for detailed 

characterization of surface and nearsurface topography, dimensions, and 

elemental composition of chiral 

nanostructured hybrid materials, novel 

low work function and semiconducting 

materials, nanoscale hard magnet 

materials, as well as many other metals, 

ceramics, and composite materials. The 

properties to be studied are magnetic, 

electronic, mechanical, optical, and 

other properties that are enhanced or 

attained because the materials are 

nanoscale or novel in structure. 

Justification for Duty-Free Entry: There 

are no instruments of the same general 

category manufactured in the United 

States. Application accepted by 

Commissioner of Customs: March 21, 

2012. 

Dated: March 28, 2012. 

Gregory Campbell, 

Director, IA Subsidies Enforcement Office. 

[FR Doc. 2012–8117 Filed 4–3–12; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA865 

Takes of Marine Mammals Incidental to 

Specified Activities; Pier 36/Brannan 

Street Wharf Project in the San 

Francisco Bay, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) implementing regulations, 

notification is hereby given that NMFS 

has issued an Incidental Harassment 

Authorization (IHA) to the Port of San 

Francisco (Port), allowing the take of 

small numbers of marine mammals, by 

Level B harassment only, incidental to 

pile driving during construction of the 

Brannan Street Wharf. 

DATES: Effective May 1, 2012, through 

April 30, 2013. 

ADDRESSES: A copy of the IHA, the 

application, and the Environmental 

Assessment are available by writing to 

Tammy C. Adams, Acting Chief, Permits 

and Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910 or by 

telephoning the contact listed here (see 

FOR FURTHER INFORMATION CONTACT), or 

visiting the Internet at: http://

www.nmfs.noaa.gov/pr/permits/

incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Magliocca, Office of Protected 

Resources, NMFS, (301) 427–8401. 

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 United States 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specific geographical region if 

certain findings are made and either 

regulations are issued or, if the taking is 

limited to harassment, a notice of a 

proposed authorization is published in 

the Federal Register and provided to the 

public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ 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 

incidentally take small numbers of 

marine mammals by harassment. 

Section 101(a)(5)(D) further established 

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 marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny the authorization. 

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]. 

Summary of Request 

On May 6, 2011, NMFS received an 

application from the USACE, on behalf 

of the Port, requesting an IHA for the 

take, by Level B harassment, of small 

numbers of Pacific harbor seals (Phoca 

vitulina), California sea lions (Zalophus 

californianus), gray whales 

(Eschrichtius robustus), and Pacific 

harbor porpoises (Phocoena phocoena) 

incidental to pile driving activities 

during construction of the Brannan 

Street Wharf in San Francisco, 

California. In accordance with the 

MMPA and implementing regulations, 

NMFS issued a notice in the Federal 

Register on October 26, 2011 (76 FR 

66274), requesting comments from the 

public on the proposed IHA. 

Description of the Specified Activity 

A complete description of the 

specified activity may be found in 

NMFS’ proposed IHA notice in the 

Federal Register (76 FR 66274, October 

26, 2011) and a summary is provided 

here. The project will involve 

construction of a pile-supported park 

that will be known as the ‘‘Brannan 

Street Wharf’’ and will replace the 

existing Pier 36 and provide recreational 

space for the public. The project will 

require installation of 261 steel and 

concrete piles and 57,000 square feet 

(ft2) of new decking. Installation of the 

261 steel and concrete piles will require 

in-water pile driving that could produce 

high-intensity sound and has the 

potential to harass marine mammals. A 

breakdown of pile size and type is 

shown in Table 1. 


emcdonald on DSK29S0YB1PROD with NOTICES
20362 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

TABLE 1—SUMMARY OF PILE TYPES AND PILE DRIVING ACTIVITY. 

Pile type Total piles Pile driver Max piles per 

day 

24-inch octagonal concrete ....................................................................... 141 Impact .............................................. 8 

24-inch steel shell ...................................................................................... 116 Vibratory and impact ....................... 5 

36-inch steel shell ...................................................................................... 4 Vibratory and impact ....................... 4 

All piles will be driven to a depth of 

60 ft below the mudline elevation. Only 

one pile type is expected to be installed 

on any given day. Conservatively 

assuming the maximum vibratory time 

and number of impact blows required 

for each pile, a total of 988 minutes of 

vibratory driving and 150,000 impact 

blows will be necessary over the 12- 

month duration of the project. All 

vibratory pile driving will use a 

standard frequency hammer similar to 

an APE 150, which produces up to 

1,800 vibrations per minute. All impact 

pile driving will use a DelMag D46–32 

diesel impact hammer, which produces 

about 122,000 foot-pounds maximum 

energy blow at 1.5 seconds per blow on 

average. A bubble curtain will be used 

as a sound attenuation device during 

impact pile driving for the 24-in and 36- 

in steel shell piles. 

Region of Activity 

The activity will occur in the San 

Francisco Bay at Pier 36, four blocks 

south of the San Francisco Oakland Bay 

Bridge. More specifically, this area is 

located between Pier 30–32 and Pier 38, 

directly adjacent to the east side of the 

Embarcadero and within the South of 

Market district of San Francisco. San 

Francisco Bay and the adjacent 

Sacramento-San Joaquin Delta make up 

one of the largest estuarine systems on 

the continent. The Bay has undergone 

extensive industrialization, but remains 

an important environment for healthy 

marine mammal populations year 

round. The area surrounding the activity 

is an intertidal landscape with heavy 

industrial use and boat traffic. 

Dates of Activity 

Wharf and pier demolition—which is 

not expected to harass marine 

mammals—may begin in January 2012 

and last for five months. The new wharf 

construction, including pile driving, is 

scheduled to begin in May 2012 and end 

13 months later; however, pile driving 

is expected to be complete by December 

2012. 

Sound Propagation 

For background, sound is a 

mechanical disturbance consisting of 

minute vibrations that travel through a 

medium, such as air or water, and is 

generally characterized by several 

variables. Frequency describes the 

sound’s pitch and is measured in hertz 

(Hz) or kilohertz (kHz), while sound 

level describes the sound’s loudness 

and is measured in decibels (dB). Sound 

level increases or decreases 

exponentially with each dB of change. 

For example, 10 dB yields a sound level 

10 times more intense than 1 dB, while 

a 20 dB level equates to 100 times more 

intense, and a 30 dB level is 1,000 times 

more intense. Sound levels are 

compared to a reference sound pressure 

(micro-Pascal) to identify the medium. 

For air and water, these reference 

pressures are ‘‘re: 20 mPa’’ and ‘‘re: 1 

mPa,’’ respectively. Root mean square 

(RMS) is the quadratic mean sound 

pressure over the duration of an 

impulse. RMS is calculated by squaring 

all of the sound amplitudes, averaging 

the squares, and then taking the square 

root of the average (Urick, 1975). RMS 

accounts for both positive and negative 

values; squaring the pressures makes all 

values positive so that they may be 

accounted for in the summation of 

pressure levels (Hastings and Popper, 

2005). This measurement is often used 

in the context of discussing behavioral 

effects, in part because behavioral 

effects, which often result from auditory 

cues, may be better expressed through 

averaged units rather than by peak 

pressures. 

A review of numerous pile driving 

projects with comparable water depth 

and substrate conditions was conducted 

to identify source sound level data and 

estimate potential sound levels for pile 

driving activities around Pier 36. In 

their calculations, the Port 

conservatively assumed that the use of 

a bubble curtain for steel shell piles will 

reduce sound levels by 5 dB RMS. A 

conservative attenuation factor of 16 dB 

RMS (about 5 dB RMS per doubling of 

distance) was also assumed in the Port’s 

analysis; sound attenuation would 

likely be greater than 16 dB RMS for 

such shallow water pile driving 

(CalTrans, 2009). Pile driving at Pier 36 

is expected to occur in water depths of 

zero to 15 feet. Maximum sound 

pressure levels for pile driving activities 

are shown in Table 2. 

TABLE 2—MEASURED UNATTENUATED SOUND PRESSURE LEVELS IN THE NEAR FIELD (10 m) DURING PILE DRIVING IN

SAN FRANCISCO BAY

[Caltrans, 2009] 

Pile type Attenuation device Sound level 

(impact) 

Sound level 

(vibratory) 

24-in octagonal concrete ....................................... None ..................................................... 170 dB .......................... n/a 

24-in steel shell ..................................................... Bubble curtain ....................................... 190 dB .......................... 165 dB 

36-in steel shell ..................................................... Bubble curtain ....................................... 190 dB .......................... 175 dB 

Comments and Responses 

A notice of receipt and request for 

public comment on the application and 

proposed authorization was published 

on October 26, 2011 (76 FR 66274). 

During the 30-day public comment 

period, the Marine Mammal 

Commission (Commission) provided the 

only comments. 

Comment 1: The Commission 

recommends that NMFS require the Port 

to monitor the presence and behavior of 

marine mammals during all vibratory 

and impact pile driving activities. 

Response: As stated in the proposed 

IHA, marine mammal monitoring will 

occur 30 minutes before, during, and 30 

minutes after all impact pile driving 

activities. In addition, at least two 

NMFS-approved protected species 

observers will conduct behavioral 


emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20363 

monitoring out to 1,900 m during all 

vibratory pile driving for the first two 

weeks of activity to validate take 

estimates and evaluate the behavioral 

impacts pile driving has on marine 

mammals out to the Level B harassment 

isopleth. NMFS believes this is an 

adequate effort of monitoring because 

sounds from vibratory pile driving will 

not exceed the Level A harassment 

threshold and sounds from impact pile 

driving only exceed the Level A 

harassment threshold 42 m from the 

source. 

Comment 2: The Commission 

recommends that NMFS require the Port 

to monitor before, during, and after all 

soft-starts of vibratory and impact pile 

driving activities to gather the data 

needed to determine the effectiveness of 

this technique as a mitigation measure. 

Response: NMFS disagrees that the 

Port needs to monitor for marine 

mammals before, during, and after all 

soft-starts. Protected species observers 

will be on-site and monitoring for 

marine mammals at least 30 minutes 

prior to, during, and after all impact 

driving (including during soft-starts) 

and at least two full days per week 

during all vibratory pile driving. NMFS 

believes that monitoring for all impact 

driving and at least two days per week 

of vibratory pile driving days per week 

will allow for adequate interpretation of 

how marine mammals are behaving in 

response to pile driving, including 

during soft-starts. 

Comment 3: The Commission 

recommends that NMFS require the Port 

to implement soft-start procedures after 

15 minutes for pinnipeds and 30 

minutes for cetaceans, if pile driving 

was delayed or shut down due to the 

presence of a marine mammal within or 

approaching the Level A harassment 

zone. 

Response: NMFS agrees with the 

Commission’s recommendation and the 

Port will implement soft-start 

procedures after 15 minutes if pile 

driving is delayed or shut down due to 

the presence of a pinniped within or 

approaching the Level A harassment 

zone. 

Description of Marine Mammals in the 

Area of the Specified Activity 

Marine mammals with confirmed 

occurrences in San Francisco Bay are 

the Pacific harbor seal, California sea 

lion, gray whale, harbor porpoise, 

humpback whale (Megaptera 

noveangliae), and sea otter (Enhydra 

lutris). However, humpback whales are 

considered extremely rare in San 

Francisco Bay and are highly unlikely to 

be present in the project vicinity during 

pile driving. Sea otters are managed by 

the United States Fish and Wildlife 

Service. Therefore, these two species are 

not discussed further. Information on 

the Pacific harbor seal, California sea 

lion, gray whale, and harbor porpoise 

was provided in the October 26, 2011 

Federal Register notice (76 FR 66274). 

Potential Effects on Marine Mammals 

The action consists of both in-water 

and above-water components, but the 

only activity with the potential to take 

marine mammals is pile driving. A 

detailed description of potential impacts 

to marine mammals can be found in 

NMFS’ October 26, 2011 Federal 

Register notice (76 FR 66274) and is 

summarized here. 

Marine mammals are continually 

exposed to many sources of sound. For 

example, lightning, rain, sub-sea 

earthquakes, and animals are natural 

sound sources throughout the marine 

environment. Marine mammals produce 

sounds in various contexts and use 

sound for various biological functions 

including, but not limited to, (1) social 

interactions; (2) foraging; (3) orientation; 

and (4) predator detection. Interference 

with producing or receiving these 

sounds may result in adverse impacts. 

Audible distance or received levels will 

depend on the sound source, ambient 

noise, and the sensitivity of the receptor 

(Richardson et al., 1995). Marine 

mammal reactions to sound may depend 

on sound frequency, ambient sound, 

what the animal is doing, and the 

animal’s distance from the sound source 

(Southall et al., 2007). 

Hearing Impairment 

Marine mammals may experience 

temporary or permanent hearing 

impairment when exposed to loud 

sounds. Hearing impairment is 

classified by temporary threshold shift 

(TTS) and permanent threshold shift 

(PTS). There are no empirical data for 

when PTS first occurs in marine 

mammals; therefore, it must be 

estimated from when TTS first occurs 

and from the rate of TTS growth with 

increasing exposure levels. PTS is likely 

if the animal’s hearing threshold is 

reduced by ≥ 40 dB of TTS. PTS is 

considered auditory injury (Southall et 

al., 2007) and occurs in a specific 

frequency range and amount. Due to 

required mitigation measures and 

source levels in the proposed project 

area, NMFS does not expect marine 

mammals to be exposed to PTS levels. 

Temporary Threshold Shift (TTS) 

TTS is the mildest form of hearing 

impairment that can occur during 

exposure to a loud sound (Kryter, 1985). 

While experiencing TTS, the hearing 

threshold rises and a sound must be 

louder in order to be heard. TTS can last 

from minutes or hours to days, occurs 

in specific frequency ranges (i.e., an 

animal might only have a temporary 

loss of hearing sensitivity between the 

frequencies of 1 and 10 kHz), and can 

occur to varying degrees (e.g., an 

animal’s hearing sensitivity might be 

reduced by 6 dB or by 30 dB). For sound 

exposures at or somewhat above the 

TTS-onset threshold, hearing sensitivity 

recovers rapidly after exposure to the 

sound ends. Few data on sound levels 

and durations necessary to elicit mild 

TTS have been obtained for marine 

mammals. Southall et al. (2007) 

considers a 6 dB TTS (i.e., baseline 

thresholds are elevated by 6 dB) 

sufficient to be recognized as an 

unequivocal deviation and thus a 

sufficient definition of TTS-onset. 

Because it is non-injurious, NMFS 

considers TTS as Level B harassment 

that is mediated by physiological effects 

on the auditory system; however, NMFS 

does not consider onset TTS to be the 

lowest level at which Level B 

harassment may occur. 

Southall et al. (2007) summarizes 

underwater pinniped data from Kastak 

et al. (2005), indicating that a tested 

harbor seal showed a TTS of around 6 

dB when exposed to a non-pulse noise 

at SPL 152 dB re: 1 mPa for 25 minutes. 

In contrast, a tested sea lion exhibited 

TTS-onset at 174 dB re: 1 mPa under the 

same conditions as the harbor seal. Data 

from a single study on underwater 

pulses found no signs of TTS-onset in 

sea lions at exposures up to 183 dB re: 

1 mPa (peak-to-peak) (Finneran et al., 

2003). There is no information on 

species-specific TTS for harbor 

porpoises or gray whales. 

Behavioral Effects 

There are limited data available on 

the behavioral effects of non-pulse noise 

(for example, vibratory pile driving) on 

pinnipeds while underwater; however, 

field and captive studies to date 

collectively suggest that pinnipeds do 

not react strongly to exposures between 

90 and 140 dB re: 1 microPa; no data 

exist from exposures at higher levels. 

Jacobs and Terhune (2002) observed 

wild harbor seal reactions to highfrequency acoustic harassment devices 

around nine sites. Seals came within 44 

m of the active acoustic harassment 

devices and failed to demonstrate any 

behavioral response when received 

SPLs were estimated at 120–130 dB. In 

a captive study (Kastelein, 2006), 

scientists subjected a group of seals to 

non-pulse sounds between 8 and 16 

kHz. Exposures between 80 and 107 dB 

did not induce strong behavioral 


emcdonald on DSK29S0YB1PROD with NOTICES
20364 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

responses; however, a single observation 

from 100 to 110 dB indicated an 

avoidance response. The seals returned 

to baseline conditions shortly following 

exposure. Southall et al. (2007) notes 

contextual differences between these 

two studies; the captive animals were 

not reinforced with food for remaining 

in the noise fields, whereas free-ranging 

animals may have been more tolerant of 

exposures because of motivation to 

return to a safe location or approach 

enclosures holding prey items. 

Vibratory and impact pile driving may 

result in anticipated hydroacoustic 

levels between 165 and 190 dB root 

mean square. Southall et al. (2007) 

reviewed relevant data from studies 

involving pinnipeds exposed to pulse 

sounds and concluded that exposures to 

150 to 180 dB generally have limited 

potential to induce avoidance behavior. 

No known data exist for sound levels 

resulting from the type of vibratory 

hammer and pile sizes that will be used 

at the proposed project site; however, 

measured sound levels for the ‘‘King 

Kong’’ vibratory hammer used in 

Richmond, California ranged between 

163 and 180 dB RMS (Illingworth and 

Rodkin, 2007). Sound levels at the 

proposed project site are expected to be 

lower because the vibratory hammer 

being used has an expected sound level 

of 165 dB for 24-in piles and 175 dB for 

36-in piles. In addition, San Francisco 

Bay is highly industrialized and 

masking of the pile driver by other 

vessels and anthropogenic noise within 

the action area may, especially in the 

nearby shipping channel, make 

construction sounds difficult to hear at 

greater distances. Underwater ambient 

noise levels along the San Francisco 

waterfront may be around 133 dB RMS, 

based on measurements from the nearby 

Oakland Outer Harbor (Caltrans, 2009). 

Seals will likely also exhibit tolerance 

or habituation (Richardson et al., 1999) 

due to the amount of anthropogenic 

noise within the proposed project area 

and San Francisco Bay as a whole. 

No impacts to marine mammal 

reproduction are anticipated because 

there are no known pinniped haul-outs 

or rookeries within the proposed project 

area and San Francisco Bay is not a 

known breeding ground for cetaceans. 

Marine mammals may avoid the area 

around the hammer, thereby reducing 

their exposure to elevated sound levels. 

NMFS expects any impacts to marine 

mammal behavior to be temporary, 

Level B harassment (for example, 

avoidance or alteration of behavior). 

Anticipated Effects on Habitat 

No permanent detrimental impacts to 

marine mammal habitat are expected to 

result from the proposed project. Pile 

driving (resulting in temporary 

ensonification) may impact prey species 

and marine mammals by resulting in 

avoidance or abandonment of the area; 

however these impacts are expected to 

be local and temporary. Site conditions 

are expected to be improved or 

substantively unchanged from existing 

conditions. The proposed project will 

result in the net removal of 

approximately 3,550 ft2 of pile fill and 

clearing of 47,000 ft2 of timber debris 

that has collapsed at the end of Pier 36. 

This debris includes 350–400 creosotetreated wood pilings. Creosote can leach 

out of the wood over time, potentially 

causing long-term impacts to marine 

species. The proposed project will also 

result in a net reduction of 47,000 ft2 of 

shadow fill (shading over the water). 

This increase of unshaded water is 

expected to be beneficial to benthic 

invertebrates, fish, and marine 

mammals through restoration of 

ambient light conditions and increased 

biological productivity. Overall, the 

proposed activity is not expected to 

cause significant or long-term adverse 

impacts on marine mammal habitat. 

Mitigation Measures 

In order to issue an IHA under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to such activity, and 

other means of effecting the least 

practicable adverse impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance, and on the availability of 

such species or stock for taking for 

certain subsistence uses. There are no 

relevant subsistence uses of marine 

mammals implicated by this action. 

Sound Attenuation Device 

When using impact pile driving to 

install steel piles in water depths greater 

than two feet, an unconfined bubble 

curtain will be used to reduce 

hydroacoustic sound levels to avoid the 

potential for injury. The bubble curtain 

is expected to reduce sound levels by at 

least 5 dB. 

Establishment of an Exclusion Zone 

During all in-water impact pile 

driving, the Port will establish a 

preliminary marine mammal exclusion 

zone with 50 m (164 ft) radius around 

each pile to avoid exposure to sounds at 

or above 180 dB. This includes an 8-m 

(26-ft) buffer zone to further avoid 

marine mammals from entering the 180 

dB isopleth. The exclusion zone will be 

monitored during all impact pile driving 

to ensure that no marine mammals enter 

the 50-m (164-ft) radius. The purpose of 

this area is to prevent Level A 

harassment (injury) of any marine 

mammal species. Once underwater 

sound measurements are taken, the 

exclusion zone may be adjusted 

accordingly so that marine mammals are 

not exposed to Level A harassment 

sound pressure levels. An exclusion 

zone for vibratory pile driving or 

installation of concrete piles is 

unnecessary as source levels will not 

exceed the Level A harassment 

threshold. 

Pile Driving Shut Down and Delay 

Procedures 

If a protected species observer sees a 

marine mammal within or approaching 

the exclusion zone prior to start of 

impact pile driving, the observer will 

notify the on-site resident engineer (or 

other authorized individual) who will 

then be required to delay pile driving 

until the marine mammal has moved 

outside of the exclusion zone or if the 

animal has not been resighted within 15 

minutes for pinnipeds or 30 minutes for 

cetaceans. If a marine mammal is 

sighted within or on a path toward the 

exclusion zone during pile driving, pile 

driving should cease until that animal 

has cleared and is on a path away from 

the exclusion zone or 15/30 minutes 

(pinnipeds/cetaceans) has lapsed since 

the last sighting. 

Soft-Start Procedures 

A ‘‘soft-start’’ technique will be used 

at the beginning of each pile installation 

to allow any marine mammal that may 

be in the immediate area to leave before 

the pile hammer reaches full energy. For 

vibratory pile driving, the soft-start 

procedure requires contractors to 

initiate noise from the vibratory hammer 

for 15 seconds at 40–60 percent reduced 

energy followed by a 1-minute waiting 

period. The procedure will be repeated 

two additional times before full energy 

may be achieved. For impact 

hammering, contractors will provide an 

initial set of three strikes from the 

impact hammer at 40 percent energy, 

followed by a 1-minute waiting period, 

then two subsequent three-strike sets. 

Soft-start procedures will be conducted 

prior to driving each pile if hammering 

ceases for more than 30 minutes. 

Monitoring for Herring 

Monitoring for herring spawning 

events will be conducted on a daily 

basis between December 1 and February 

(although pile driving is expected to be 

complete in December). If a herring 

spawning event is observed, in-water 

work will cease for a period of two 

weeks following the spawning event (a 


emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20365 

measure designed to reduce impacts to 

fish). Pinniped presence can be sporadic 

and unpredictable during herring runs 

in San Francisco Bay; therefore, this 

mitigation measure will minimize 

impacts to marine mammals. 

NMFS has carefully evaluated the 

above mitigation measures and 

considered a range of other measures in 

the context of ensuring that NMFS 

prescribes the means of effecting the 

least practicable adverse impact on the 

affected marine mammal species and 

stocks and their habitat. Our evaluation 

of potential measures included 

consideration of the following factors in 

relation to one another: (1) The manner 

in which, and the degree to which, the 

successful implementation of the 

measure is expected to minimize 

adverse impacts to marine mammals; (2) 

the proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and (3) the 

practicability of the measure for 

applicant implementation, including 

consideration of personnel safety, and 

practicality of implementation. 

Based on our evaluation of the 

applicant’s proposed measures and the 

Commission’s comments, NMFS has 

determined that the above mitigation 

measures provide the means of effecting 

the least practicable adverse impacts on 

marine mammals species or stocks and 

their habitat, paying particular attention 

to rookeries, mating grounds, and areas 

of similar significance. 

Monitoring and Reporting 

In order to issue an IHA for an 

activity, section 101(a)(5)(D) of the 

MMPA states that NMFS must set forth 

‘‘requirements pertaining to the 

monitoring and reporting of such 

taking’’. The MMPA implementing 

regulations at 50 CFR 216.104(a)(13) 

indicate that requests for IHAs must 

include the suggested means of 

accomplishing the necessary monitoring 

and reporting that will result in 

increased knowledge of the species and 

of the level of taking or impacts on 

populations of marine mammals that are 

expected to be present. 

Hydroacoustic monitoring will be 

performed at the initial installation of 

each pile type (24-in concrete, 24-in 

steel, and 36-in steel) to ensure that the 

harassment isopleths are not extending 

past the calculated distances described 

in this notice. The Port must designate 

at least one biologically-trained, on-site 

individual, approved in advance by 

NMFS, to monitor the Level B 

harassment zone area for marine 

mammals 30 minutes before, during, 

and 30 minutes after all impact pile 

driving activities and call for shut down 

if any marine mammal is observed 

within or approaching the designated 

exclusion zone (preliminarily set at 50 

m [164 ft]). In addition, at least two 

NMFS-approved protected species 

observers will conduct behavioral 

monitoring out to 1,900 m during all 

vibratory pile driving for the first two 

weeks of activity to validate take 

estimates and evaluate the behavioral 

impacts piles driving has on marine 

mammals out to the Level B harassment 

isopleth. If there are no observations of 

marine mammals within the Level B 

harassment isopleth during this time, 

behavioral monitoring may be reduced 

to a level agreed upon by the applicant 

and NMFS. Note that for impact 

hammering, the initial Level B (160 dB) 

harassment isopleths are 42 m (138 ft) 

for the concrete piles and 750 m (2,460 

ft) for the steel piles. For vibratory 

hammering, the initial estimated 

distance is 1,900 m (6,233 ft). If light 

condition is low (such as early morning 

or late afternoon), protected species 

observers will use infrared scopes to 

conduct their observations. 

Protected species observers will be 

provided with the equipment necessary 

to effectively monitor for marine 

mammals (for example, high-quality 

binoculars, spotting scopes, compass, 

and range-finder) in order to determine 

if animals have entered into the 

exclusion zone or Level B harassment 

isopleth and to record species, 

behaviors, and responses to pile driving. 

If hydroacoustic monitoring indicates 

that threshold isopleths are greater than 

originally calculated, the Port will 

contact NMFS within 48 hours and 

make the necessary adjustments. 

Likewise, if threshold isopleths are 

actually less than originally calculated, 

adjustments may be made. Protected 

species observers will be required to 

submit a report to NMFS within 90 days 

of completion of pile driving. The report 

will include data from marine mammal 

sightings (such as species, group size, 

and behavior), any observed reactions to 

construction, distance to operating pile 

hammer, and construction activities 

occurring at time of sighting. 

In the unanticipated event that the 

specified activity clearly causes the take 

of a marine mammal in a manner 

prohibited by the IHA, such as an injury 

(Level A harassment), serious injury, or 

mortality (e.g., ship-strike, gear 

interaction, and/or entanglement), CWA 

shall immediately cease the specified 

activities and report the incident to the 

Acting Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at 301– 

427–8401 and/or by email to 

Jolie.Harrison@noaa.gov and 

Michelle.Magliocca@noaa.gov and the 

Southwest Regional Stranding 

Coordinator at 562–980–3230 

(Sarah.Wilkin@noaa.gov). The report 

must include the following information: 

• Time, date, and location (latitude/ 

longitude) of the incident; 

• Name and type of vessel involved; 

• Vessel’s speed during and leading 

up to the incident; 

• Description of the incident; 

• Status of all sound source use in the 

24 hours preceding the incident; 

• Water depth; 

• Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

• Description of all marine mammal 

observations in the 24 hours preceding 

the incident; 

• Species identification or 

description of the animal(s) involved; 

• Fate of the animal(s); and 

• Photographs or video footage of the 

animal(s) (if equipment is available). 

Activities will not resume until NMFS 

is able to review the circumstances of 

the prohibited take. NMFS will work 

with CWA to determine what is 

necessary to minimize the likelihood of 

further prohibited take and ensure 

MMPA compliance. CWA may not 

resume their activities until notified by 

NMFS via letter, email, or telephone. 

In the event that CWA discovers an 

injured or dead marine mammal, and 

the lead PSO determines that the cause 

of the injury or death is unknown and 

the death is relatively recent (i.e., in less 

than a moderate state of decomposition 

as described in the next paragraph), 

CWA will immediately report the 

incident to the Acting Chief of the 

Permits and Conservation Division, 

Office of Protected Resources, NMFS, at 

301–427–8401 and/or by email to 

Jolie.Harrison@noaa.gov and 

Michelle.Magliocca@noaa.gov and the 

Southwest Regional Stranding 

Coordinator at 562–980–3230 

(Sarah.Wilkin@noaa.gov). The report 

must include the same information 

identified in the paragraph above. 

Activities may continue while NMFS 

reviews the circumstances of the 

incident. NMFS will work with CWA to 

determine whether modifications in the 

activities are appropriate. 

In the event that CWA discovers an 

injured or dead marine mammal, and 

the lead PSO determines that the injury 

or death is not associated with or related 

to the activities authorized in the IHA 

(e.g., previously wounded animal, 

carcass with moderate to advanced 

decomposition, or scavenger damage), 

CWA will report the incident to the 

Acting Chief of the Permits and 

Conservation Division, Office of 


emcdonald on DSK29S0YB1PROD with NOTICES
20366 Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 

Protected Resources, NMFS, at 301– 

427–8401 and/or by email to 

Jolie.Harrison@noaa.gov and 

Michelle.Magliocca@noaa.gov and the 

Southwest Regional Stranding 

Coordinator at 562–980–3230 

(Sarah.Wilkin@noaa.gov), within 24 

hours of the discovery. CWA will 

provide photographs or video footage (if 

available) or other documentation of the 

stranded animal sighting to NMFS. 

Estimated Take by Incidental 

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]. 

Based on the application and 

subsequent analysis, the impact of the 

described pile driving operations 

(including mitigation and monitoring) 

may result in, at most, short-term 

modification of behavior by small 

numbers of marine mammals within the 

action area. Marine mammals may avoid 

the area or temporarily alter their 

behavior at time of exposure. 

Current NMFS practice regarding 

exposure of marine mammals to 

anthropogenic noise is that in order to 

avoid the potential for injury (PTS), 

cetaceans and pinnipeds should not be 

exposed to impulsive sounds of 180 and 

190 dB or above, respectively. This level 

is considered precautionary as it is 

likely that more intense sounds would 

be required before injury would actually 

occur (Southall et al., 2007). Potential 

for behavioral harassment (Level B) is 

considered to have occurred when 

marine mammals are exposed to sounds 

at or above 160 dB for impulse sounds 

(such as impact pile driving) and 120 dB 

for non-pulse noise (such as vibratory 

pile driving). These levels are also 

considered precautionary. 

Distances to NMFS’ harassment 

thresholds were calculated based on the 

sound levels at each source and the 

expected attenuation rate of sound 

(Table 3). Two sets of threshold 

distances were identified: one for 

concrete piles and one for steel piles. 

The threshold distances listed for the 

steel piles are those expected from the 

36-in steel pile driving activities, as they 

will also encompass the isopleths for 

the 24-in steel piles. The 42-m (268-ft) 

distance to the Level A harassment 

threshold provides protected species 

observers plenty of time and adequate 

visibility to prevent marine mammals 

from entering the area during impact 

pile driving. This will prevent marine 

mammals from being exposed to sound 

levels that reach the Level A harassment 

threshold. In-air sound from pile driving 

also has the potential to affect marine 

mammals. However, in-air sound is not 

a concern here because there are no 

pinniped haul-outs near the project 

area. 

TABLE 3—CALCULATED UNDERWATER DISTANCES TO NMFS’ MARINE MAMMAL HARASSMENT THRESHOLD LEVELS

Threshold Distance from source 

(24-in concrete piles) 

Distance from source 

(36-in steel piles) 

120 dB RMS (Level B—continuous) ............................. n/a ............................................................... 1,900 m (6,233 ft) 

160 dB RMS (Level B—impulse) .................................. 42 m (138 ft) ............................................... 750 m (2,460 ft) 

180/190 dB RMS (Level A) ........................................... n/a ............................................................... 42 m (138 ft) 

The estimated number of marine 

mammals potentially taken is based on 

marine mammal monitoring reports 

prepared by the California Department 

of Transportation during similar 

activities in San Francisco Bay and on 

discussions with the NMFS Southwest 

Regional Office. The California 

Department of Transportation’s San 

Francisco-Oakland Bay Bridge marine 

mammal monitoring reports were used 

to estimate the number of pinnipeds 

near the Pier 36/Brannan Street Wharf 

area as both sites are relatively close in 

distance and are similar in bathymetric 

features. However, monitoring 

conducted for the San FranciscoOakland Bay Bridge project was in close 

proximity to a haul-out area, while the 

Pier 36/Brannan Street Wharf location is 

in an area of high commercial boat 

activity and no adjacent haul-outs. 

Therefore, the Caltrans data likely 

overestimate marine mammal 

abundance for the Pier 36/Brannan 

Street Wharf location. Based on 

consultation with the NMFS Southwest 

Regional Office, review of the 

monitoring reports described above, and 

the estimated number of pile driving 

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, and included in the Federal 

Register notice of proposed IHA (76 FR 

66274, October 26, 2011), NMFS is 

authorizing 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’’ 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 

are authorized here), number, nature, 

intensity, and duration of Level B 

harassment, and the context in which 

takes occur. 

As described above, marine mammals 

will not be exposed to activities or 

sound levels which will result in injury 

(PTS), serious injury, or mortality. Pile 

driving will occur in shallow coastal 

waters of San Francisco Bay. The closest 

pinniped haul-out is 3.2 km (2 mi) 

away, which is well outside the project 

area’s largest harassment zone. Marine 

mammals approaching the action area 

will likely be traveling or 

opportunistically foraging. The amount 

of take authorized is considered small 

(less than one percent each) 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 


emcdonald on DSK29S0YB1PROD with NOTICES
Federal Register / Vol. 77, No. 65 / Wednesday, April 4, 2012 / Notices 20367 

1See http://www.whitehouse.gov/sites/default/ 

files/20091217-recovery-act-investmentsbroadband.pdf (last viewed January 30, 2012). 

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 in 

this notice, the proposed IHA notice (76 

FR 66274, October 26, 2011), and the 

IHA application, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

NMFS has determined 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 

prepared 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. 

NMFS made a finding of no significant 

impact (FONSI) and the EA and FONSI 

are available on the NMFS Web site 

listed in the beginning of this document 

(see ADDRESSES). 

Dated: March 29, 2012. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–8105 Filed 4–3–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

Proposed Information Collection; 

Comment Request; Computer and 

Internet Use Supplement to the Census 

Bureau’s Current Population Survey 

AGENCY: National Telecommunications 

and Information Administration, 

Commerce. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Submit comments on or before 

June 4, 2012. 

ADDRESSES: Direct all written comments 

to Jennifer Jessup, Departmental 

Paperwork Clearance Officer, (202) 482– 

0336, Department of Commerce, Room 

6612, 14th Street and Constitution 

Avenue NW., Washington, DC 20230 (or 

via the Internet at JJessup@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the proposed information 

collection instrument and instructions 

should be directed to Rafi Goldberg, 

Telecommunications Policy Analyst, 

Office of Policy Analysis and 

Development, NTIA, at (202) 482–1880 

or RGoldberg@ntia.doc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The National Telecommunications 

and Information Administration (NTIA) 

proposes to add 12 questions to the U.S. 

Census Bureau’s October 2012 Current 

Population Survey (CPS) in order to 

gather reliable data on broadband (also 

known as high-speed Internet) use by 

U.S. households. President Obama has 

established a national goal of universal, 

affordable broadband access for all 

Americans.1 To that end, the 

Administration is working with 

Congress, the Federal Communications 

Commission (FCC), and other 

stakeholders to develop and advance 

economic and regulatory policies that 

foster broadband deployment and 

adoption. Collecting current, systematic, 

and comprehensive information on 

broadband use and non-use by U.S. 

households is critical to allow 

policymakers not only to gauge progress 

made to date, but also to identify 

problem areas with a specificity that 

permits carefully targeted and costeffective responses. 

The Census Bureau (‘‘the Bureau’’) is 

widely regarded as a superior collector 

of data based on its centuries of 

experience and its scientific methods. 

Collection of NTIA’s requested 

broadband usage data, moreover, will 

occur in conjunction with the Bureau’s 

scheduled October 2012 Current 

Population Survey (CPS), thereby 

significantly reducing the potential 

burdens on the Bureau and on surveyed 

households. Questions on broadband 

and Internet use have been included in 

ten previous CPS surveys. 

The U.S. government has an 

increasingly pressing need for 

comprehensive broadband data. The 

General Accountability Office (GAO), 

NTIA, and the FCC have issued reports 

noting the lack of useful broadband 

adoption data for policymakers, and 

Congress passed legislation—the 

Broadband Data Improvement Act in 

2008 and the American Recovery and 

Reinvestment Act in 2009—wholly or 

partly in response to such criticisms. 

The Organisation for Economic Cooperation and Development (OECD) 

looks to Census Bureau data as an 

important input into their inter-country 

benchmark analyses. Modifying the 

October CPS to include NTIA’s 

requested broadband data will allow the 

Commerce Department and NTIA to 

respond to congressional concerns and 

directives, and to work with the OECD 

on its broadband methodologies with 

more recent data. The change to this 

reinstatement will be a revised set of 

computer and Internet usage survey 

questions. 

II. Method of Collection 

Personal visits and telephone 

interviews, using computer-assisted 

telephone interviewing and computerassisted personal interviewing. 

III. Data 

OMB Control Number: 0660–0021. 

Form Number(s): None. 

Type of Review: Regular submission 

(Reinstatement with change of a 

previously approved collection). 

Affected Public: Individuals and 

households. 

Estimated Number of Respondents: 

54,000. 

Estimated Time per Response: 3 

minutes. 

Estimated Total Annual Burden 

Hours: 2,700. 


emcdonald on DSK29S0YB1PROD with NOTICES