39388 Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Notices 

killer whales. Of the 13 beluga whale 

takes recorded, 9 were in October and 

4 were in November. The recorded takes 

occurred when marine mammals 

entered the Level B harassment zone 

(1,300 m from the point where vibratory 

pile driving takes place) during in-water 

(vibratory) pile driving. The number of 

animals, by species, taken under the 

2010 LOA was within the amount 

authorized. 

As discussed in more detail below, 

the POA has implemented a robust 

monitoring and mitigation program to 

minimize harassment and avoid 

exposing animals to injurious levels of 

sound produced by pile driving. The 

POA has also developed a successful 

communication system between MMOs 

and engineers to shut down pile driving 

before whales enter into designated 

harassment zones, avoiding Level A take 

and minimizing Level B take. 

Planned Activities, Mitigation and 

Monitoring for 2011 

During the 2011 construction season, 

the POA will be conducting two projects 

at the North End of the project site. The 

construction work includes: (1) Partial 

tail wall sheet pile removal at the Wet 

Barge Berth; and (2) limited inspection 

of tail walls at the North Extension. The 

work involves excavation of fill behind 

exiting sheet pile prior to removal or 

inspection. The excavation, tail wall 

removal, and inspection will be 

conducted out-of-water, inland of the 

bulkhead. Mobilization, rigging, and 

excavation began the week of May 9, 

2011. At certain locations, bargemounted heavy equipment will be 

required to excavate fill material. When 

the barge is in use, construction marine 

mammal monitoring will be conducted 

in accordance with existing permit 

requirements (see mitigation measure 8, 

below). It is anticipate that the barge 

work will commence in July. 

As stated in the regulations and LOA, 

take of marine mammals will be 

minimized through implementation of 

the following mitigation measures: (1) If 

a marine mammal is detected within or 

approaching the Level A or impact and 

vibratory pile driving Level B 

harassment isopleths (200 m, 350 m and 

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

pile driving, operations shall be 

immediately delayed or suspended until 

the marine mammal moves outside 

these designated zones or the animal is 

not detected within 15 minutes of the 

last sighting; (2) if a marine mammal is 

detected within or approaching 200 m 

prior to chipping, this activity shall be 

immediately delayed or suspended until 

the marine mammal moves outside 

these designated zones or the animal is 

not detected within 15 minutes of the 

last sighting; (3) except in certain 

circumstances (see 8 below), after pile 

driving activities have commenced, 

suspension of in-water pile driving is 

encouraged, but not mandatory, when 

animals enter the Level B isopleths (350 

m from the point where impact pile 

driving is taking place and 1,300 m from 

the point where vibratory pile driving 

takes place); (4) in-water impact pile 

driving shall not occur during the 

period from two hours before low tide 

until two hours after low tide; (5) inwater piles will be driven with a 

vibratory hammer to the maximum 

extent possible (i.e., until a desired 

depth is achieved or to refusal) prior to 

using an impact hammer; (6) in-water 

pile driving or chipping shall not occur 

when conditions restrict clear, visible 

detection of all waters within 

harassment zones; (7) a ‘‘soft start’’ 

technique shall be used at the beginning 

of each day’s in-water pile driving 

activities or if pile driving has ceased 

for more than one hour to allow any 

marine mammal that may be in the 

immediate area to leave before pile 

driving reaches full energy; (8) if a 

group of more than 5 beluga whales or 

group with a calf is sighted within the 

Level B harassment isopleths, in-water 

pile driving shall be suspended; and (9) 

for operated in-water heavy machinery 

work other than pile driving or chipping 

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

boats used to move barges, barge 

mounted hydraulic excavators, or 

clamshell equipment used to place or 

remove material), if a marine mammal 

comes within 50 m, those operations 

will cease and vessels will reduce to the 

slowest speed practicable while still 

maintaining control of the vessel and 

safe working conditions. 

NMFS-approved marine mammal 

observers (MMOs) will be stationed at 

the port during all in-water pile driving 

and chipping and blasting associated 

with dock demolition, if it occurs. These 

observers will be responsible for 

documenting take, marine mammal 

behavior, and, if necessary, notifying the 

resident engineer when shut down is 

necessary. In addition, the POA and 

MARAD shall employ a scientific 

marine mammal monitoring team 

separate from the on-site MMOs to 

characterize beluga whale abundance, 

frequency, movements, behavior, group 

dynamics, and habitat use around the 

POA and observe, analyze, and 

document potential changes in behavior 

in response to in-water construction 

work. This monitoring team is not 

required to be present during all inwater pile driving operations but will be 

on-site 4 days per week, weather 

permitting. It is anticipated that Alaska 

Pacific University (APU) will begin the 

2011 scientific marine mammal 

observation program in June. The onsite MMOs and this marine mammal 

monitoring team shall remain in contact 

to alert each other to marine mammal 

presence when both teams are working. 

The POA and MARAD shall submit 

monthly reports summarizing all inwater construction activities and marine 

mammal sightings. In addition, an 

annual report shall be due sixty days 

before expiration of the LOA. This 

report shall summarize monthly reports 

and any apparent long or short term 

impacts the MTRP may be having on 

marine mammals. This LOA will be 

renewed annually based on review of 

the annual monitoring report. 

Authorization 

The POA and MARAD have complied 

with the requirements of the 2010 LOA, 

and NMFS has determined that marine 

mammal take during the 2010 

construction season is within the 

amount authorized. Accordingly, NMFS 

has issued a LOA to POA and MARAD 

authorizing take by harassment of 

marine mammals incidental to the 

marine terminal redevelopment project 

at the POA. Issuance of the 2011–2012 

LOA is based on NMFS’ review of the 

annual report submitted by the POA and 

MARAD, and determination that the 

observed impacts were within the scope 

of the analysis and authorization 

contained in the final rule and 

previously issued LOA. Specifically, 

NMFS found that the total taking of 

marine mammals, in consideration of 

the required mitigation, monitoring, and 

reporting measures, will have no more 

than a negligible impact on the affected 

species or stocks and will not have an 

unmitigable adverse impact on their 

availability for taking for subsistence 

uses. 

Dated: June 28, 2011. 

James H. Lecky, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2011–16893 Filed 7–5–11; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, July 13, 

2011, 10 a.m.–12 noon. 

PLACE: Room 420, Bethesda Towers, 

4330 East West Highway, Bethesda, 

Maryland. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Notices 39389 

STATUS: Commission Meeting—Open to 

the Public. 

Matters To Be Considered 

Decisional Matters 

(a) Lead 100 ppm. 

(b) ASTM F963 Notice of 

Requirements. 

A live Web cast of the Meeting can be 

viewed at http://www.cpsc.gov/webcast. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: July 1, 2011. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2011–16957 Filed 7–1–11; 11:15 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, July 13, 

2011; 2 p.m.–3 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

Matter To Be Considered 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: July 1, 2011. 

Todd A Stevenson, 

Secretary. 

[FR Doc. 2011–16958 Filed 7–1–11; 11:15 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, July 6, 2011, 

10 a.m.–12 Noon. 

PLACE: Room 420, Bethesda Towers, 

4330 East West Highway, Bethesda, 

Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 

Matters To Be Considered 

Briefing Matters 

(a) ASTM F963 Notice of 

Requirements; and 

(b) Phthalates Enforcement Policy 

A live Web Cast of the Meeting can be 

viewed at http://www.cpsc.gov/webcast 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: July 1, 2011. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2011–16956 Filed 7–1–11; 11:15 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2011–OS–0071] 

Privacy Act of 1974; System of 

Records 

AGENCY: Defense Logistics Agency, DoD. 

ACTION: Notice to Amend a System of 

Records. 

SUMMARY: The Defense Logistics Agency 

is proposing to amend a system of 

records notice in its existing inventory 

of record systems subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended. 

DATES: The proposed action will be 

effective without further notice on 

August 5, 2011 unless comments are 

received which would result in a 

contrary determination. 

ADDRESSES: You may submit comments, 

identified by docket number and/ 

Regulatory Information Number (RIN) 

and title, by any of the following 

methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jody Sinkler, Privacy Act Officer, 

Headquarters Defense Logistics Agency, 

ATTN: DGA, 8725 John J. Kingman 

Road, Suite 1644, Fort Belvoir, VA 

22060–6221, or by phone at (703) 767– 

5045. 

SUPPLEMENTARY INFORMATION: The 

Defense Logistics Agency’s system of 

record notices subject to the Privacy Act 

of 1974 (5 U.S.C. 552a), as amended, 

have been published in the Federal 

Register and are available from the 

address above. 

The specific changes to the record 

system being amended are set forth 

below followed by the notice, as 

amended, published in its entirety. The 

proposed amendment is not within the 

purview of subsection (r) of the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

which requires the submission of new 

or altered systems reports. 

Dated: June 29, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

S125.10 

SYSTEM NAME: 

Chaplain Care and Counseling Record 

(June 30, 2009, 74 FR 31259). 

CHANGES: 

* * * * * 

NOTIFICATION PROCEDURE: 

Delete entry and replace with 

‘‘Individuals seeking to determine 

whether information about themselves 

is contained in this system should 

address written inquiries to the DLA 

FOIA/Privacy Act Office, Headquarters, 

Defense Logistics Agency, ATTN: DGA, 

8725 John J. Kingman Road, Suite 1644, 

Fort Belvoir, VA 22060–6221. 

Individuals should provide their name 

and address.’’ 

RECORD ACCESS PROCEDURES: 

Delete entry and replace with 

‘‘Individuals seeking access to 

information about themselves contained 

in this system should address written 

inquiries to the DLA FOIA/Privacy Act 

Office, Headquarters, Defense Logistics 

Agency, ATTN: DGA, 8725 John J. 

Kingman Road, Suite 1644, Fort Belvoir, 

VA 22060–6221. Individuals should 

provide their name and address.’’ 


sroberts on DSK5SPTVN1PROD with NOTICES