54028 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices 

and (5) if neither the exporter nor 

producer is a firm covered in this 

review or the original investigation, the 

cash deposit rate for all other producers 

or exporters of the subject merchandise 

will continue to be 99.52 percent ad 

valorem. This rate is the ‘‘all others’’

rate from the final determination in the 

original investigation. 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

This administrative review and this 

notice are issued and published in 

accordance with sections 751(a)(1) and 

777(i) of the Act. 

Dated: September 6, 2005. 

Joseph A. Spetrini, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I - Issues and Decision 

Memorandum 

I. ANALYSIS OF PROGRAMS 

A. Programs Determined to Be Not 

Used 

1. Provision of Fertilizer and 

Machinery 

2. Provision of Credit 

3. Tax Exemptions 

4. Provision of Water and Irrigation 

Equipment 

5. Technical Support 

6. Duty Refunds on Imported Raw or 

Intermediate Materials Used in the 

Production of Export Goods 

7. Program to Improve Quality of 

Exports of Dried Fruit 

8. Iranian Export Guarantee Fund 

9. GOI Grants and Loans to Pistachio 

Farmers 

10.Crop Insurance for Pistachios 

II. TOTAL AD VALOREM RATE 

III. ANALYSIS OF COMMENTS 

Comment 1: Use of Adverse Facts 

Available 

[FR Doc. E5–4994 Filed 9–12–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

The Manufacturing Council: Meeting of 

the Manufacturing Council 

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The Manufacturing Council 

will hold a full Council meeting to 

discuss topics related to the state of 

manufacturing. The Manufacturing 

Council is a Secretarial Board at the 

Department of Commerce, established to 

ensure regular communication between 

Government and the manufacturing 

sector. This will be the fourth meeting 

of The Manufacturing Council and will 

include updates by the Council’s three 

subcommittees. For information about 

the Council, please visit the 

Manufacturing Council Web site at: 

http://www.manufacturing.gov/council. 

DATES: September 27, 2005. 

Time: 9:45 a.m. 

ADDRESSES: Gateway Building, 200 NE., 

Water Street, Peoria, Illinois 61602. This 

program is physically accessible to 

people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be submitted no 

later than September 19, 2005, to The 

Manufacturing Council, Room 4043, 

Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: The 

Manufacturing Council Executive 

Secretariat, Room 4043, Washington, DC 

20230 (Phone: 202–482–1369). 

Interested parties are encouraged to visit 

The Manufacturing Council Web site 

(http://www.manufacturing.gov/council) 

for the most up-to-date information 

about the meeting and the Council. 

Dated: September 8, 2005. 

Sam Giller, 

Executive Secretary, The Manufacturing 

Council. 

[FR Doc. 05–18162 Filed 9–12–05; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[Docket No. 050906238–5238–01; ID 

090705E] 

RIN 0648–ZB68 

2006 Monkfish Research Set-aside 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; solicitation of proposals 

for research activities. 

SUMMARY: NMFS announces that the 

New England and Mid-Atlantic Fishery 

Management Councils (Councils) have 

set aside 500 monkfish days-at-sea 

(DAS) to be used for research endeavors 

under a research set-aside (RSA) 

program. NMFS is soliciting proposals 

to utilize the DAS for research activities 

concerning the monkfish fishery for 

fishing year 2006 (May 1, 2006–April 

30, 2007). Through the allocation of 

research DAS, the Monkfish RSA 

Program provides a mechanism to 

reduce the cost for vessel owners to 

participate in cooperative monkfish 

research. The intent of this RSA 

program is for fishing vessels to utilize 

these research DAS to conduct monkfish 

related research, rather than their 

allocated monkfish DAS, thereby 

eliminating any cost to the vessel 

associated with using a monkfish DAS. 

DATES: Applications must be received 

on or before 5 p.m. eastern standard 

time on October 13, 2005. Delays may 

be experienced when registering with 

Grants.gov near the end of a solicitation 

period. Therefore, NOAA strongly 

recommends that applicants do not wait 

until the deadline date to begin the 

application process through http:// 

www.grants.gov. 

ADDRESSES: Electronic application 

submissions must be transmitted on-line 

through http://www.grants.gov. 

Applications submitted through http:// 

www.grants.gov will be accompanied by 

a date and time receipt indication on 

them. If an applicant does not have 

Internet access, hard copy proposals 

will be accepted, and date recorded 

when they are received in the program 

office. Paper applications must be sent 

to NMFS, Northeast Regional Office, 

One Blackburn Drive, Gloucester, MA 

01930. Electronic or hard copies 

received after the deadline will not be 

considered, and hard copy applications 

will be returned to the sender. 

FOR FURTHER INFORMATION CONTACT: 

Information may be obtained from Paul 

Howard, Executive Director, New 

England Fishery Management Council 

(NEFMC), by phone 978–465–0492, or 

by fax 978–465–3116; Philip Haring, 

Senior Fishery Analyst, NEFMC, by 

phone 978–465–0492, or by email at 

pharing@nefmc.org; or Allison Ferreira, 

Fishery Policy Analyst, NMFS, by 

phone 978–281–9103, by fax 978–281–

9135, or by e-mail at 

allison.ferreira@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices 54029 

Electronic Access 

Application information is available 

at http://www.grants.gov. Electronic 

copies of the Standard Forms for 

submission of research proposals may 

be found on the Internet in a PDF 

(Portable Document Format) version at 

http://www.ago.noaa.gov/grants/ 

appkit.shtml under the title ‘‘Grants 

Management Division-Application Kit.’’

Applicants without Internet access can 

contact Rich Maney, NMFS, Northeast 

Regional Office, One Blackburn Drive, 

Gloucester, MA 01930, by phone 978–

281–9265, by fax 978–281–9117, or by 

email at rich.maney@noaa.gov. 

To apply for this NOAA Federal 

funding opportunity, please go to http:// 

www.grants.gov, and use the following 

funding opportunity ι NMFS-NERO–

2006–2000372. 

Background 

Landings from such research trips 

may be sold to generate funds to help 

defray research costs. No Federal funds 

are provided for research under this 

notification. Rather, projects funded 

under the Monkfish RSA Program 

would be provided with additional 

opportunity to harvest monkfish, and 

the catch sold to generate income to 

offset research costs. Projects funded 

under an RSA DAS award must enhance 

the knowledge of the monkfish fishery 

resource or contribute to the body of 

information on which management 

decisions are made. The Councils and 

NMFS will give priority to funding 

research proposals in the following 

general subject areas: (1) Research 

concerning monkfish bycatch and 

discards; (2) research to minimize 

bycatch and interactions with sea turtles 

and other protected species; (3) research 

to minimize impacts of monkfish fishery 

on essential fish habitat (EFH), or other 

sensitive habitats; (4) research to 

establish an exempted monkfish trawl 

fishery in the Northern Fishery 

Management Area; (5) research on the 

biology or population structure and 

dynamics of monkfish; (6) tagging 

studies; (7) mesh and gear selectivity 

studies, including studies on gear 

efficiency; and (8) cooperative stock 

assessment surveys. Please note that the 

research subject areas listed above are 

not listed in order of priority. 

Funding Availability 

No Federal funds are provided for 

research under this notification. Rather, 

500 DAS (approximating 519 metric 

tons of whole monkfish landings) will 

be set aside for projects under the 

Monkfish RSA Program. This will 

provided additional opportunity to 

harvest monkfish, and to sell the 

additional catch to generate income to 

offset research costs. Projects funded 

under an RSA DAS award must enhance 

the knowledge of the monkfish fishery 

resource or contribute to the body of 

information on which management 

decisions are made. The Federal 

Government (i.e., NMFS) may issue an 

Exempted Fishing Permit (EFP), if 

needed, to provide special fishing 

privileges in response to research 

proposals selected under this program. 

For example, vessels participating in an 

approved research project may be 

authorized by the Northeast Regional 

Administrator, NMFS, to harvest 

monkfish in excess of established 

possession limits. Because this is the 

first year of the Monkfish RSA Program, 

information on the number of awards 

issued in previous fishing years, and the 

income generated from those awards, is 

not available. 

Funds generated from landings 

harvested and sold under the Monkfish 

RSA Program shall be used to cover the 

cost of research activities, including 

vessel costs. For example, the funds 

may be used to pay for gear 

modifications, monitoring equipment, 

the salaries of research personnel, or 

vessel operation costs. The Federal 

Government shall not be liable for any 

costs incurred in the conduct of the 

project. Specifically, the Federal 

Government is not liable for any costs 

incurred by the researcher or vessel 

owner should the sale of catch not fully 

reimburse the researcher or vessel 

owner for his/her expenses. 

Statutory Authority 

Issuing grants is consistent with 

sections 303(b)(11), 402(e), and 404(c) of 

the Magnuson-Stevens Fishery 

Conservation and Management Act, 16 

U.S.C. 1853(b)(11), 16 U.S.C. 1881a(e), 

and 16 U.S.C. 1881(c), respectively. 

The ability to set aside monkfish DAS 

for research purposes was established in 

the final rule implementing Amendment 

2 to the Monkfish Fishery Management 

Plan (70 FR 21927, April 28, 2005), and 

codified in the regulations at 50 CFR 

648.92(c). 

CFDA Number 

In the Catalog of Federal Domestic 

Assistance, the program number is 

11.454, and the program name is 

Unallied Management Projects. 

Eligibility 

1. Eligible applicants include, but are 

not limited to, institutions of higher 

education, hospitals, other nonprofits, 

commercial organizations, individuals, 

state, local, and Native American tribal 

governments. Federal agencies and 

institutions are not eligible to receive 

Federal assistance under this notice. 

Additionally, employees of any Federal 

agency or Regional Fishery Management 

Council (Council) are ineligible to 

submit an application under this 

program. However, Council members 

who are not Federal employees may 

submit an application. 

2. DOC/NOAA supports cultural and 

gender diversity and encourages women 

and minority individuals and groups to 

submit applications to the RSA 

program. In addition, DOC/NOAA is 

strongly committed to broadening the 

participation of historically black 

colleges and universities, Hispanic 

serving institutions, tribal colleges and 

universities, and institutions that work 

in under served areas. DOC/NOAA 

encourages proposals involving any of 

the above institutions. 

3. DOC/NOAA encourages 

applications from members of the 

fishing community and applications 

that involve fishing community 

cooperation and participation. 

Cost Sharing Requirements 

None required. 

Evaluation and Selection Procedures 

NMFS will solicit written technical 

evaluations from the Council members 

who make up the Monkfish Research 

Set-Aside Committee (Committee) and 

from up to three or more appropriate 

private and public sector experts to 

determine the technical merit of the 

proposal and to provide a rank score of 

the project based on the criteria 

described in the Evaluation Criteria 

section of this document. Following 

completion of the technical evaluation, 

NMFS will convene a review panel, 

including the Committee and technical 

experts, to review and individually 

critique the scored proposals to enhance 

NOAA’s understanding of the proposals. 

Initial successful applicants may be 

required, in consultation with NMFS, to 

further refine/modify the study 

methodology as a condition of project 

approval. No consensus 

recommendations will be made by the 

Committee members, technical experts, 

or by the review panel. 

Evaluation Criteria 

1. Importance and/or relevance of the 

proposed project: This criterion 

ascertains whether there is intrinsic 

value in the proposed work and/or 

relevance to NOAA, Federal, regional, 

state or local activities. (25 points) 

2. Technical/scientific merit: This 

criterion assesses whether the approach 

is technically sound and/or innovative, 

54030 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices 

if the methods are appropriate, and 

whether there are clear project goals and 

objectives. (25 points) 

3. Overall qualifications of the project: 

This criterion assesses whether the 

applicant, and team members, possess 

the necessary education, experience, 

training, facilities and administrative 

resources to accomplish the project. (15 

points) 

4. Project costs: This criterion 

evaluates the budget to determine if it 

is realistic and commensurate with the 

project needs and time frame. (25 

points) 

5. Outreach and education: This 

criterion assesses whether the project 

involves a focused and effective 

education and outreach strategy 

regarding NOAA’s mission to protect 

the Nation’s natural resources. (10 

points) 

The merit review ratings shall provide 

a rank order to the Selecting Official 

(the Northeast Regional Administrator) 

for final funding recommendations. A 

program officer may first make 

recommendations to the Selecting 

Official applying the selection factors. 

The Selecting Official shall award in the 

rank order unless the proposal is 

justified to be selected out of rank order 

based upon one or more of the following 

factors: 

1. Availability of funding. 

2. Balance/distribution of funds: 

a. Geographically 

b. By type of institutions 

c. By type of partners 

d. By research areas 

e. By project types 

3. Whether this project duplicates other 

projects funded or considered for 

funding by NOAA or other Federal 

agencies. 

4. Program priorities and policy factors. 

5. Applicant’s prior award performance. 

6. Partnerships and/or Participation of 

targeted groups. 

7. Adequacy of information necessary to 

conduct a National Environmental 

Policy Act (NEPA) analysis and 

determination. 

Key program policy factors (see item 

4 above) to be considered by the 

Selecting Official are: (1) the time of 

year the research activities are to be 

conducted; (2) the ability of the 

proposal to meet the applicable 

experimental fishing requirements; (3) 

redundancy of research projects; and (4) 

logistical concerns. Therefore, the 

highest scoring projects may not 

necessarily be selected for an award. All 

approved research must be conducted in 

accordance with provisions approved by 

NOAA, and provided in an EFP issued 

by NMFS. Unsuccessful applications 

will be returned to the submitter. 

Successful applications will be 

incorporated into the award document. 

For proposals that request exemptions 

from existing regulations (e.g., 

possession limits, closed areas, etc.), the 

impacts of the proposed exemptions 

must be analyzed. Any applicants who 

request regulatory exemptions that 

extend beyond the 500 DAS set-aside 

implemented in Amendment 2 may be 

required to adhere to the regulations 

governing the issuance of an EFP by 

NMFS. As appropriate, NMFS will 

consult with the Councils and 

successful applicants to secure the 

information required for granting an 

exemption if issuance of an EFP is 

necessary for the research to be 

conducted. No research or usage of 

research DAS will be allowed until 

NMFS notifies the applicant that the 

applicant’s EFP request is approved. 

NEPA Requirements 

NOAA must analyze the potential 

environmental impacts, as required by 

NEPA, for applicant projects or 

proposals which are seeking NOAA 

Federal assistance opportunities, 

including special fishing privileges. 

Detailed information on NOAA 

compliance with NEPA can be found at 

the following NOAA NEPA website: 

http://www.nepa.noaa.gov, including 

our NOAA Administrative Order 216–6 

for NEPA, http://www.nepa.noaa.gov/ 

NAO216l6lTOC.pdf, and the Council 

on Environmental Quality 

implementation regulations, http:// 

ceq.eh.doe.gov/nepa/regs/ceq/ 

toclceq.htm. 

Consequently, as part of an 

applicant’s package, and under the 

description of program activities, 

applicants are required to provide 

detailed information on the activities to 

be conducted, locations, sites, species, 

and habitat to be affected, possible 

construction activities, and any 

environmental concerns that may exist 

(e.g., the use and disposal of hazardous 

or toxic chemicals, introduction of nonindigenous species, impacts to 

endangered and threatened species, 

aquaculture projects, and impacts to 

coral reef systems). The impacts of the 

500 DAS set-aside were analyzed in the 

Final Supplemental Impact Statement 

prepared for Amendment 2. Therefore, 

if the applicant does not request 

additional regulatory exemptions 

beyond the use of research DAS, 

additional NEPA analysis may not be 

required. However, if the research 

proposal requests exemptions from 

regulations that extend beyond the 500 

DAS set-aside, applicants may be 

required to provide additional specific 

information that will serve as the basis 

for any required impact analyses. 

Applicants may also be requested to 

assist NOAA in drafting an 

environmental assessment if NOAA 

determines such an assessment is 

required. Applicants will also be 

required to cooperate with NOAA in 

identifying and implementing feasible 

measures to reduce or avoid any 

identified adverse environmental 

impacts associated with their proposed 

research activity. The failure to do so 

shall be grounds for the denial of an 

application. 

Pre-Award Notification Requirements 

for Grants and Cooperative Agreements 

The Department of Commerce PreAward Notification Requirements for 

Grants and Cooperative Agreements 

contained in the Federal Register notice 

of December 30, 2004 (69 FR 78389), are 

applicable to this solicitation. 

Reporting Requirements 

Recipients will be required to submit 

the following financial and performance 

(technical) reports. These reports are to 

be submitted electronically unless the 

recipient does not have Internet access, 

in which case hard copy submissions 

will be accepted. Financial Status 

Reports (SF–269 and SF–272) are 

required to be submitted to the Grants 

Officer semi-annually. Performance or 

progress reports are required to be 

submitted to the NOAA Program Officer 

semi-annually. The final report is due 

90 days after the award expiration. 

Universal Identifier 

Applicants should be aware that they 

are required to provide a Dun and 

Bradstreet Data Universal Numbering 

System (DUNS) number during the 

application process. See the October 30, 

2002 (67 FR 66177), Federal Register for 

additional information. Organizations 

can receive a DUNS number at no cost 

by calling the dedicated toll-free DUNS 

Number request line at 1–866–705–5711 

or via the internet (http:// 

www.dunandbradstreet.com). 

Executive Order 12372 

Applications under this program are 

subject to Executive Order 12372 

‘‘Intergovernmental Review of Federal 

Programs.’’

Limitation of Liability 

Funding for programs listed in this 

notice is contingent upon the 

availability of Fishing Year 2005 

Monkfish RSA DAS. In no event will 

NOAA or DOC be responsible for 

application preparation costs if these 

programs fail to receive a DAS award or 

Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Notices 54031 

are cancelled because of other agency 

priorities. Publication of this 

announcement does not oblige NOAA to 

award any specific project or to obligate 

any available funds. The Department of 

Commerce Pre-Award Notification 

Requirements for Grants and 

Cooperative Agreements contained in 

the Federal Register notice of December 

30, 2004 (69 FR 78389), are applicable 

to this solicitation. 

Paperwork Reduction Act (PRA) 

This document contains collection-ofinformation requirements subject to the 

PRA. The use of Standard Forms 424, 

424A, 424B, SF-LLL, 269, 272, and CD–

346 has been approved by the Office of 

Management and Budget (OMB) under 

the respective control numbers 0348–

0043, 0348–0044, 0348–0040, 0348–

0046, 0348–0039, 0348–0003, and 0605–

0001. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA unless 

that collection of information displays a 

currently valid OMB control number. 

Executive Order 12866 

This notice has been determined to be 

not significant for purposes of Executive 

Order 12866. 

Executive Order 13132 (Federalism) 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act 

Prior notice and an opportunity for 

public comment are not required by the 

Administrative Procedure Act or any 

other law for rules concerning public 

property, loans, grants, benefits, and 

contracts (5 U.S.C. 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 U.S.C. 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) do 

not apply. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Dated: September 7, 2005. 

James W. Balsiger, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 05–18087 Filed 9–12–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 030805A] 

Incidental Take of Marine Mammals 

Incidental to Specified Activities; 

Seismic Retrofit of the Richmond-San 

Rafael Bridge, San Francisco Bay, CA 

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), 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 marine mammals, by 

harassment, incidental to seismic 

retrofit construction of the RichmondSan Rafael Bridge (the Bridge), San 

Francisco Bay (SFB), CA. 

DATES: This authorization is effective 

from September 06, 2005 to September 

06, 2006. 

ADDRESSES: A copy of the application 

may be obtained by writing to Stephen 

L. Leathery, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910 

or by telephoning the contacts listed 

here. Documents cited in this notice 

may be viewed, by appointment, during 

regular business hours, at this address. 

FOR FURTHER INFORMATION CONTACT: 

Layne Bolen, NMFS, (301) 713–2289, 

ext. 117 or Monica DeAngelis, NMFS 

Southwest Region, (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 (Secretary) 

to allow, upon request, the incidental, 

but not intentional taking 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 regulations are issued. 

An authorization may be granted if 

the Secretary finds that the total 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, and that the 

permissible methods of taking and 

requirements pertaining to the 

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.’’

Subsection 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. Except 

for certain categories of actions 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 December 16, 2004, NMFS 

received a letter from CALTRANS 

requesting reauthorization of an IHA 

that was first issued to it on December 

16, 1997 (62 FR 67045, December 23, 

1997), was renewed on January 8, 2000 

(65 FR 2375, January 14, 2000), 

September 19, 2001 (66 FR 49165, 

September 26, 2001), September 23, 

2002 (67 FR 61323, September 30, 

2002), and November 19, 2003 (68 FR 

66076, November 25, 2003). The 

authorization renewal request is for the 

possible harassment of small numbers of 

Pacific harbor seals (Phoca vitulina) and 

possibly some California sea lions 

(Zalophus californianus), incidental to 

seismic retrofit construction of the 

Bridge. 

The Bridge is being seismically 

retrofitted to withstand a future severe 

earthquake. Construction is scheduled 

to extend through the year 2005. A 

detailed description of the work 

planned is contained in the Final 

Natural Environmental Study/Biological 

Assessment for the Richmond-San 

Rafael Bridge Seismic Retrofit Project 

(CALTRANS, 1996). As in the previous 

IHAs, activities will include excavation 

around pier bases, hydro-jet cleaning, 

installation of steel casings around the 

piers with a crane, installation of micropiles, and installation of precast 

concrete jackets. Foundation 

construction will require approximately 

2 months per pier, with construction 

occurring on more than one pier at a