[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78228-78229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31528]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA063


Takes of Marine Mammals Incidental to Specified Activities; 
Columbia River Crossing Project, Washington and Oregon

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 Department of 
Transportation's Federal Transit Authority (FTA) and Federal Highway 
Administration (FHWA), on behalf of the Columbia River Crossing project 
(CRC), for authorization to take marine mammals incidental to bridge 
construction and demolition activities at the Columbia River and North 
Portland Harbor, Washington and Oregon, over the course of five years; 
approximately July 2013 through June 2018. Pursuant to regulations 
implementing the Marine Mammal Protection Act (MMPA), NMFS is 
announcing receipt of CRC's request for the development and 
implementation of regulations governing the incidental taking of marine 
mammals and inviting information, suggestions, and comments on CRC's 
application and request.

DATES: Comments and information must be received no later than January 
14, 2011.

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 e-mail comments is [email protected]. Comments sent via 
e-mail, including all attachments, must not exceed a 10-megabyte file 
size.

FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected 
Resources, NMFS, (301) 713-2289.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of CRC's application 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 small numbers 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) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for certain subsistence uses, 
and if 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 November 22, 2010, NMFS received a complete application from CRC 
requesting authorization for take of three species of marine mammals 
incidental to construction and demolition activities in the Columbia 
River and North Portland Harbor, Washington and Oregon. Portions of the 
project are anticipated to potentially last until March 2021; CRC has 
requested regulations to be effective for the period of five years from 
approximately July 2013 through June 2018. Marine mammals would be 
exposed to various operations, including noise from pile driving, 
demolition of existing structures, and the presence of construction-
related vessels. Because the specified activities have the potential to 
take marine mammals present within the action area, CRC requests 
authorization to take, by Level B harassment, Steller sea lions 
(Eumetopias jubatus), California sea lions (Zalophus californianus), 
and harbor seals (Phoca vitulina).

Specified Activities

    CRC is proposing a multimodal transportation project along a 5-mile 
section of the I-5 corridor connecting Vancouver, Washington and 
Portland, Oregon, including the following activities:
     Replacement of the existing Columbia River bridges with 
two new structures;
     Widening of the existing North Portland Harbor Bridge, and 
construction of three new structures across the harbor; and

[[Page 78229]]

     Demolition of existing Columbia River bridges.
    In summary, the new Columbia River crossing will carry traffic on 
two separate pier-supported bridges and will include a new light rail 
transit (LRT) line and improved bicycle/pedestrian facilities, using a 
stacked alignment to reduce the number of in-water piers in the 
Columbia River by approximately one-third. CRC proposes six in-water 
pier complexes for a total of 12 piers for the Columbia River bridges.
    CRC proposes to widen the existing I-5 southbound bridge over North 
Portland Harbor, and will add three new bridges adjacent to the 
existing bridges. Starting from the east, these structures will carry:
     A three-lane northbound collector-distributor (CD) ramp 
carrying local traffic;
     Northbound and southbound I-5 on the widened existing 
bridge across the North Portland Harbor;
     A southbound CD ramp carrying local traffic; and
     LRT combined with a bicycle/pedestrian path.
    Each bridge will have four or five in-water bents, consisting of 
one to three drilled shafts. The permanent in-water piers of both the 
Columbia River and North Portland Harbor crossings will be constructed 
using drilled shafts, rather than impact-driven piles. However, the 
project will include numerous temporary in-water structures to support 
equipment and materials during the course of construction which may 
require the use of temporary impact-driven piles. These structures will 
include work platforms, work bridges, and tower cranes.
    The existing Columbia River bridges will be demolished after the 
new Columbia River bridges have been constructed and after associated 
interchanges are operating. The existing Columbia River bridges will be 
demolished in two stages: (1) Superstructure demolition and (2) 
substructure demolition. In-water demolition will be accomplished 
either within cofferdams or with the use of diamond wire/wire saw. A 
full description of the activities proposed by CRC is described in the 
application.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning CRC's request (see ADDRESSES). All information, 
suggestions, and comments related to CRC's request and NMFS' potential 
development and implementation of regulations governing the incidental 
taking of marine mammals by CRC will be considered by NMFS in 
developing, if appropriate, regulations governing the issuance of 
letters of authorization.

    Dated: December 9, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-31528 Filed 12-14-10; 8:45 am]
BILLING CODE 3510-22-P