54600 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 

request. NMFS has reviewed KABATA’s 

request, including the information in its 

application, and determined that it is 

adequate and complete in accordance 

with 50 CFR 216.104(b)(1). 

DATES: Comments and information must 

be received no later than October 8, 

2010. 

ADDRESSES: Comments on the 

application should be addressed to P. 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

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

20910–3225. The mailbox address for 

providing email comments is PR1.0648– 

XY18@noaa.gov. Comments sent via email, including all attachments, must 

not exceed a 10–megabyte file size. 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Daly, Office of Protected 

Resources, NMFS, (301) 713–2289, ext. 

151. 

SUPPLEMENTARY INFORMATION: 

Availability 

A copy of KABATA’s application and 

request may be obtained by writing to 

the address specified above (see 

ADDRESSES), telephoning the contact 

listed above (see FOR FURTHER

INFORMATION CONTACT), or visiting the 

internet at: http://www.nmfs.noaa.gov/ 

pr/permits/incidental.htm#applications. 

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) if certain findings 

are made and regulations are issued or, 

if the taking is limited to harassment, 

notice of a proposed authorization is 

provided to the public for review. 

Authorization for incidental takings 

may 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 

certain subsistence uses, and that the 

permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such taking are set forth. 

NMFS has defined ‘‘negligible impact’’ 

in 50 CFR 216.103 as ‘‘an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival.≥ 

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 August 20, 2010, NMFS received 

a complete application from KABATA 

and FHWA requesting authorization to 

take of three species of marine mammals 

incidental to construction of a bridge, 

the Knik Arm Crossing (KAC), in Upper 

Cook Inlet, Alaska. The proposed 

construction is anticipated to take four 

construction seasons (approximately 

April-November, annually); however, 

given unforeseen construction delays, 

KABATA has requested regulations to 

be effective for the period of five 

seasons from 2013 through 2017. Marine 

mammals, particularly Cook Inlet beluga 

whales (Delphinapterus leucas), would 

be potentially exposed to various 

construction-related operations, 

including noise from pile driving, and 

the presence of constructed-related 

vessels. Because construction of the 

KAC has the potential to result in the 

incidental take marine mammals 

present within the action area, KABATA 

requests authorization to take, by Level 

B harassment, Cook Inlet beluga whales, 

harbor seals (Phoca vitulina), harbor 

porpoise (Phocoena phocoena). 

KABATA has not requested 

authorization for incidental take by 

injury (Level A harassment), serious 

injury or mortality. 

Specified Activities 

KABATA is proposing to construct a 

new bridge spanning Knik Arm and 

develop approaches on the MatanuskaSusistna Borough (Mat-Su) side of Knik 

Arm and the Municipality of Anchorage 

to connect the KAC to existing 

transportation infrastructure. In 

summary, the KAC would connect the 

Mat-Su approach to the Anchorage 

approach by way of an 8,200–foot (2.5 

km) long, pier supported bridge. The 

bridge design calls for 29 permanent 

piers for the substructure, each 

consisting of four permanent, large 

diameter drilled shafts. The drilled 

shafts would be connected to the bridge 

superstructure columns through use of 

concrete footings. In addition, KABATA 

intends to install temporary moorage 

and temporary construction docks 

within Knik Arm waters and develop 

land-based approaches on both sides of 

the Arm that will run adjacent to the 

water’s edge to varying degrees. A full 

description of the activities proposed by 

KABATA is described in the 

application. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning KABATA’s request (see 

ADDRESSES). All information, 

suggestions, and comments related to 

KABATA’s request and NMFS’ potential 

development and implementation of 

regulations governing the incidental 

taking of marine mammals by KABATA 

in Knik Arm, Alaska, will be considered 

by NMFS in developing, if appropriate, 

regulations governing the issuance of 

letters of authorization. 

Dated: September 1, 2010. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–22391 Filed 9–7–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF ENERGY 

Environmental Management SiteSpecific Advisory Board, Paducah 

AGENCY: Department of Energy (DOE) 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Site-Specific Advisory 

Board (EM SSAB), Paducah. The 

Federal Advisory Committee Act (Pub. 

L. 92–463, 86 Stat. 770) requires that 

public notice of this meeting be 

announced in the Federal Register. 

DATES: Thursday, September 23, 2010, 6 

p.m. 

ADDRESSES: Barkley Centre, 111 

Memorial Drive, Paducah, Kentucky 

42001. 

FOR FURTHER INFORMATION CONTACT: 

Reinhard Knerr, Deputy Designated 

Federal Officer, Department of Energy 

Paducah Site Office, Post Office Box 

1410, MS–103, Paducah, Kentucky 

42001, (270) 441–6825. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE–EM and site management in the 

areas of environmental restoration, 

waste management and related 

activities. 

Tentative Agenda: 

• Call to Order, Introductions, Review 

of Agenda 

• Deputy Designated Federal Officer’s 

Comments 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Notices 54601 

• Federal Coordinator’s Comments 

• Liaisons’ Comments 

• Administrative Issues 

• Presentations 

• Subcommittee Chairs’ Comments 

• Public Comments 

• Final Comments 

• Adjourn 

Breaks taken as appropriate. 

Public Participation: The EM SSAB, 

Paducah, welcomes the attendance of 

the public at its advisory committee 

meetings and will make every effort to 

accommodate persons with physical 

disabilities or special needs. If you 

require special accommodations due to 

a disability, please contact Reinhard 

Knerr at least seven days in advance of 

the meeting at the telephone number 

listed above. Written statements may be 

filed with the Board either before or 

after the meeting. Individuals who wish 

to make oral statements pertaining to 

agenda items should contact Reinhard 

Knerr at the address or telephone 

number listed above. Requests must be 

received five days prior to the meeting 

and reasonable provision will be made 

to include the presentation in the 

agenda. The Deputy Designated Federal 

Officer is empowered to conduct the 

meeting in a fashion that will facilitate 

the orderly conduct of business. 

Individuals wishing to make public 

comments will be provided a maximum 

of five minutes to present their 

comments. 

Minutes: Minutes will be available by 

writing or calling Reinhard Knerr at the 

address and phone number listed above. 

Minutes will also be available at the 

following Web site: http:// 

www.pgdpcab.org/meetings.html. 

Issued at Washington, DC on September 1, 

2010. 

Clara R. Barley, 

Department of Energy Federal Register 

Liaison Officer. 

[FR Doc. 2010–22278 Filed 9–7–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13716–000] 

Lower South Fork LLC; Notice of 

Application Accepted for Filing and 

Soliciting Comments, Motions To 

Intervene, Protests, 

Recommendations, and Terms and 

Conditions 

August 31, 2010. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection: 

a. Type of Application: Conduit 

Exemption. 

b. Project No.: 13716–000. 

c. Date filed: April 19, 2010 and 

supplemented July 28, 2010. 

d. Applicant: Lower South Fork LLC. 

e. Name of Project: Lower South Fork 

Irrigation Project. 

f. Location: The project is located in 

Carbon County, Montana. There are no 

political subdivisions of more than 

5,000 people within 15 miles of the 

project area. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791a–825r. 

h. Applicant Contact: Mr. Roger Kirk, 

Benjamin J Singer, 521 E Peach Suite 

2B, Bozeman, MT 59715, (406) 587– 

5086. 

i. FERC Contact: Anthony DeLuca, 

(202) 502–6632, 

Anthony.deluca@ferc.gov. 

j. Status of Environmental Analysis: 

This application is ready for 

environmental analysis at this time, and 

the Commission is requesting 

comments, reply comments, 

recommendations, terms and 

conditions, and prescriptions. 

k. Deadline for filing responsive 

documents: Due to the small size and 

location of the proposed project in a 

closed system, as well as the resource 

agency consultation letters filed with 

the application, the 60-day timeframe 

specified in 18 CFR 4.43(b) for filing all 

comments, motions to intervene, 

protests, recommendations, terms and 

conditions, and prescriptions is 

shortened to October 1, 2010. 

All reply comments filed in response 

to comments submitted by any resource 

agency, Indian tribe, or person, must be 

filed with the Commission within 45 

days from the issuance date of this 

notice. 

Comments, protests, and 

interventions may be filed electronically 

via the Internet in lieu of paper; see 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s web 

site at http://www.ferc.gov/docs-filing/ 

efiling.asp. Commenters can submit 

brief comments up to 6,000 characters, 

without prior registration, using the 

eComment system at http:// 

www.ferc.gov/docs-filing/ 

ecomment.asp. You must include your 

name and contact information at the end 

of your comments. The Commission 

strongly encourages electronic filings. 

The Commission’s Rules of Practice 

and Procedure require all intervenors 

filing documents with the Commission 

to serve a copy of that document on 

each person in the official service list 

for the project. Further, if an intervenor 

files comments or documents with the 

Commission relating to the merits of an 

issue that may affect the responsibilities 

of a particular resource agency, they 

must also serve a copy of the document 

on that resource agency. 

l. Description of Project: The Lower 

South Fork LLC requests Commission 

approval for exemption for a small 

conduit hydroelectric facility. This 

proposal consists of adding a Pelton 

style 470 kilowatt hydraulic turbine/ 

generator into an existing 32 inch PVC 

pipeline used to carry water from one 

ditch to another within an irrigation 

system. The primary purpose of the 

conduit is agricultural use. The 

hydraulic capacity of the generator will 

be 27.5 cubic feet per second and the 

generator will have an estimated average 

annual generation of 1,800,000 kWh. 

m. This filing is available for review 

and reproduction at the Commission in 

the Public Reference Room, Room 2A, 

888 First Street, NE., Washington, DC 

20426. The filing may also be viewed on 

the Web at http://www.ferc.gov using 

the ‘‘eLibrary’’ link. Enter the docket 

number, P–13716, in the docket number 

field to access the document. For 

assistance, call toll-free 1–866–208– 

3676 or e-mail 

FERCOnlineSupport@ferc.gov. For TTY, 

call (202) 502–8659. A copy is also 

available for review and reproduction at 

the address in item h above. 

n. Development Application—Any 

qualified applicant desiring to file a 

competing application must submit to 

the Commission, on or before the 

specified deadline date for the 

particular application, a competing 

development application, or a notice of 

intent to file such an application. 

Submission of a timely notice of intent 

allows an interested person to file the 

competing development application no 

later than 120 days after the specified 

deadline date for the particular 

application. Applications for 

preliminary permits will not be 

accepted in response to this notice. 

o. Notice of Intent—A notice of intent 

must specify the exact name, business 

address, and telephone number of the 

prospective applicant, and must include 

an unequivocal statement of intent to 

submit a competing development 

application. A notice of intent must be 

served on the applicant(s) named in this 

public notice. 

p. Protests or Motions to Intervene— 

Anyone may submit a protest or a 

motion to intervene in accordance with 

the requirements of Rules of Practice 

and Procedure, 18 CFR 385.210, 

385.211, and 385.214. In determining 

the appropriate action to take, the 

Commission will consider all protests 


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