25958 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices Specifically, this action is a notice of an Michael Payne, Chief, Permits and must set forth the permissible methods administrative and legal nature. Conservation Division, Office of of taking, other means of effecting the Furthermore, individual permit actions Protected Resources, National Marine least practicable adverse impact on the by the ONMS will be subject to Fisheries Service, 1315 East-West species or stock and its habitat, and additional case-by-case analysis, as Highway, Silver Spring, MD 20910. The requirements pertaining to the required under NEPA, which will be mailbox address for providing email mitigation, monitoring and reporting of completed as new permit applications comments is [email protected]. such takings. NMFS has defined are submitted for specific projects and Please include 0648–XC498 in the ‘‘negligible impact’’ in 50 CFR 216.103 activities. subject line. NMFS is not responsible as ‘‘. an impact resulting from the specified activity that cannot be B. Paperwork Reduction Act for email comments sent to addresses other than the one provided here. reasonably expected to, and is not Applications for the special use Comments sent via email, including all reasonably likely to, adversely affect the permits discussed in this notice involve attachments, must not exceed a 10- species or stock through effects on a collection-of information requirement megabyte file size. annual rates of recruitment or survival.’’ subject to the requirements of the PRA. All comments received are a part of Section 101(a)(5)(D) of the MMPA OMB has approved this collection-of- the public record and will generally be established an expedited process by information requirement under OMB posted to http://www.nmfs.noaa.gov/pr/ which citizens of the United States can control number 0648–0141. permits/incidental.htm without change. apply for an authorization to Dated: April 19, 2013. All Personal Identifying Information (for incidentally take small numbers of Daniel J. Basta, example, name, address, etc.) marine mammals by harassment. Director, Office of National Marine voluntarily submitted by the commenter Section 101(a)(5)(D) of the MMPA Sanctuaries. may be publicly accessible. Do not establishes a 45-day time limit for [FR Doc. 2013–10380 Filed 5–2–13; 8:45 am] submit Confidential Business NMFS’s review of an application followed by a 30-day public notice and BILLING CODE 3510–NK–M Information or otherwise sensitive or protected information. comment period on any proposed A copy of the application containing authorizations for the incidental DEPARTMENT OF COMMERCE a list of the references used in this harassment of small numbers of marine document may be obtained by writing to mammals. Within 45 days of the close National Oceanic and Atmospheric the address specified above, telephoning of the public comment period, NMFS Administration the contact listed below (see FOR must either issue or deny the authorization. RIN 0648–XC498 FURTHER INFORMATION CONTACT), or visiting the Internet at:http:// Except with respect to certain Takes of Marine Mammals Incidental to www.nmfs.noaa.gov/pr/permits/ activities not pertinent here, the MMPA Specified Activities; Demolition and incidental.htm. Documents cited in this defines ‘‘harassment’’ as: any act of Construction Activities of the notice, including the IHA application, pursuit, torment, or annoyance which (i) has the potential to injure a marine Children’s Pool Lifeguard Station at La may be viewed, by appointment, during mammal or marine mammal stock in the Jolla, California regular business hours, at the wild [Level A harassment]; or (ii) has aforementioned address. AGENCY: National Marine Fisheries the potential to disturb a marine Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: mammal or marine mammal stock in the Atmospheric Administration (NOAA), Howard Goldstein or Jolie Harrison, wild by causing disruption of behavioral Commerce. Office of Protected Resources, NMFS, patterns, including, but not limited to, ACTION: Notice; proposed Incidental 301–427–8401. migration, breathing, nursing, breeding, Harassment Authorization; request for SUPPLEMENTARY INFORMATION: feeding, or sheltering [Level B comments. Background harassment]. 16 U.S.C. 1362(18). SUMMARY: NMFS has received an Sections 101(a)(5)(D) of the MMPA, as Summary of Request application from the City of San Diego amended (16 U.S.C. 1371(a)(5)(D)), On December 3, 2012, NMFS received for an Incidental Harassment directs the Secretary of Commerce an application from the City of San Authorization (IHA) to take small (Secretary) to allow, upon request, the Diego, Engineering and Capital Projects numbers of marine mammals, by Level incidental, but not intentional, taking of Department, requesting an IHA. A B harassment, incidental to demolition small numbers of marine mammals of a revised IHA application was submitted and construction activities of the species or population stock, by United on April 1, 2013. The requested IHA Children’s Pool Lifeguard Station in La States citizens who engage in a specified would authorize the take, by Level B Jolla, California. NMFS has reviewed activity (other than commercial fishing) (behavioral) harassment, of small the application, including all supporting within a specified geographical region if numbers of Pacific harbor seals (Phoca documents, and determined that it is certain findings are made and, if the vitulina richardii), California sea lions adequate and complete. Pursuant to the taking is limited to harassment, a notice (Zalophus californianus), and northern Marine Mammal Protection Act of a proposed authorization is provided elephant seals (Mirounga angustirostris) (MMPA), NMFS is requesting comments to the public for review. incidental to demolition and on its proposal to issue an IHA to the Authorization for the incidental construction activities of the Children’s City of San Diego to incidentally harass, taking of small numbers of marine Pool Lifeguard Station at La Jolla, by Level B harassment only, three mammals shall be granted if NMFS California. The demolition and species of marine mammals during the finds that the taking will have a construction operations are proposed to specified activities. negligible impact on the species or take place during June to December, DATES: Comments and information must stock(s), will not have an unmitigable 2013 in La Jolla, California. Additional be received no later than June 3, 2013. adverse impact on the availability of the information on the demolition and ADDRESSES: Comments on the species or stock(s) for subsistence uses construction activities at the Children’s application should be addressed to P. (where relevant). The authorization Pool Lifeguard Station is contained in VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 25959 the application, which is available upon utilized on the project site. Operation of occupancy observation space, radio request (see ADDRESSES). the equipment is the primary activity storage closet, and exterior catwalk. within the demolition and construction Interior stairs will link the floors. The Description of the Proposed Specified of activities that is likely to affect existing below grade retaining walls will Activity marine mammals by potentially remain in place and new retaining walls The Children’s Pool was created in exposing them to in-air (i.e., airborne or will be constructed for a ramp from 1932 by building a breakwater wall sub-aerial) noise. It is difficult to predict street level to the lower level for which created a protected pool for what activities might cause noticeable emergency vehicle beach access and swimming. This pool has partially filled behavioral reactions with Pacific harbor pedestrian access to the lower level with sand, but still has open water for seals at this site. Children’s Pool is a restrooms and showers. A 5.6 m (18. 5 swimming, as well as a beach for highly disturbed hauling-out site and ft) wall would be located along the sunbathing and walking. The Children’s seals at this location do not respond to north end of the lower level. The walls Pool and nearby shore areas are used by stimuli as observed with other harbor would be designed for a minimum swimmers, sunbathers, SCUBA divers seals in other areas (Hanan & Associates, design life of 50 years and would not be and snorkelers, shore/surf fishermen, 2004; 2011) (see http://www.youtube. undermined from ongoing coastal school classrooms, tide pool explorers, comwatch?v=4IRUYVTULsg). During erosion. The walls would not be readily kayakers, surfers, boogie and skim the working day, the City of San Diego viewed from Coast Boulevard, the boarders, seal, bird and nature waters as estimates there will be sound source public sidewalks or the surrounding well as other activities by the general levels above 90 dB re 20 mPa during 106 community. public. Over the last three years (2010 days, including 27 days of 100 to 110 dB Lower level improvements include through 2012), an average of 1,556,184 re 20 mPa at the demolition and new beach access restrooms and people have visited the Children’s Pool construction site. The contractor used showers, lifeguard lockers, and a sewage and lifeguards have taken an average of published or manufacturer’s pump room. The plaza level plan 8,147 preventive actions and 86 water measurements to estimate sound levels. includes two work stations, a ready/ rescues annually (CASA, 2010; 2011; On average, pinnipeds will be about observation room, kitchenette, restroom 2012). The existing lifeguard facility 30.5 meters (m) (100 feet [ft]) or more and first aid station. The observation was built in 1967, it is old, deteriorating from the construction site with a level includes a single occupancy from saltwater intrusion, and no longer potential minimum of about 15.2 m (50 observation space, radio storage closet, serves neither the needs of the lifeguard ft) and a peak of about 83 dB re 20 mPa and exterior catwalk.