[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54599-54600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XY18


Takes of Marine Mammals Incidental to Specified Activities; 
Construction of the Knik Arm Crossing, Alaska

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Notice; receipt of application for letter of authorization; 
request for comments and information.

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SUMMARY:  NMFS has received a request from the Knik Arm Bridge Toll 
Authority (KABATA), in coordination with the Department of 
Transportation Federal Highways Administration (FHWA), for 
authorization to take marine mammals incidental to construction of a 
bridge across Knik Arm, named the Knik Arm Crossing, Alaska, over the 
course of five construction seasons; approximately spring 2013 through 
autumn 2017. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS 
is announcing receipt of the KABATA's application and request for the 
development and implementation of regulations governing the incidental 
taking of marine mammals and inviting information, suggestions, and 
comments on the KABATA's application and

[[Page 54600]]

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 
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address 
for providing email comments is [email protected]. Comments sent 
via e-mail, 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 Matanuska-Susistna 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]
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