Registration of Fuels and Fuel Additives, 34875 [E8-13913]
Download as PDF
Federal Register / Vol. 73, No. 119 / Thursday, June 19, 2008 / Rules and Regulations
presented to show that this rescission
will not interfere’’.
[FR Doc. E8–13916 Filed 6–18–08; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 79
Registration of Fuels and Fuel
Additives
CFR Correction
In title 40 of the Code of Federal
Regulations, parts 72 to 80, revised as of
July 1, 2007, on page 604, in § 79.68,
paragraph (f)(5)(vii) is reinstated to read
as follows:
§ 79.68 Salmonella typhimurium
reverse mutation assay.
*
*
*
*
*
(f) * * *
(5) * * *
(vii) Dose-response relationship, if
applicable.
*
*
*
*
*
[FR Doc. E8–13913 Filed 6–18–08; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 080302357–8703–01; I.D.
030905A]
RIN 0648–AT79
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Explosive Removal of
Offshore Structures in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: NMFS, upon application from
the Minerals Management Service
(MMS), is issuing regulations to govern
the unintentional takings of small
numbers of marine mammals incidental
to explosive severance activities at
offshore oil and gas structures in the
Gulf of Mexico (GoM). Issuance of
regulations, and Letters of Authorization
(LOAs) under those regulations,
governing the unintentional incidental
takes of marine mammals in connection
with particular activities is required by
VerDate Aug<31>2005
16:32 Jun 18, 2008
Jkt 214001
the Marine Mammal Protection Act
(MMPA) when the Secretary of
Commerce (Secretary), after notice and
opportunity for comment, finds, as here,
that such takes will have a negligible
impact on the affected species or stocks
of marine mammals and will not have
an unmitigable adverse impact on their
availability for taking for subsistence
uses, and if the Secretary sets forth the
permissible methods of taking and other
means of effecting the least practicable
adverse impact on affected marine
mammal species or stocks and their
habitat, and on the availability of such
species or stocks for subsistence uses.
These regulations do not authorize
offshore structure removal activities as
such authorization is not within the
jurisdiction of the Secretary. Rather,
NMFS’ regulations together with LOAs
authorize the unintentional incidental
take of marine mammals in connection
with this activity.
DATES: Effective from July 21, 2008
through July 19, 2013.
ADDRESSES: A copy of the MMS
application containing a list of the
references used in this document may
be obtained by writing to Mr. 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, by telephoning
one of the contacts listed under FOR
FURTHER INFORMATION CONTACT, or at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm.
Documents cited in this final rule may
also be viewed, by appointment, during
regular business hours (M-F, 8 a.m. until
4:30 p.m., except Federal holidays) at
this address.A copy of MMS’
Programmatic Environmental
Assessment (PEA) is available on-line
at: https://www.gomr.mms.gov/homepg/
regulate/environ/nepa/2005-013.pdf.
Comments regarding the burden-hour
estimate or any other aspect of the
collection of information requirement
contained in this rule should be sent to
NMFS via the means stated above, and
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget (OMB),
Attention: NOAA Desk Officer,
Washington, DC 20503,
DavidlRostker@eap.omb.gov.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hollingshead, NMFS, at 301–
713–2289, ext 128 or
Ken.Hollingshead@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs the Secretary
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
34875
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) within a specified
geographical region if certain findings
are made and regulations are issued.
An authorization will be granted for
periods of 5 years or less if the Secretary
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
taking for subsistence uses, and if
regulations are prescribed setting forth
the permissible methods of taking and
other means of effecting the least
practicable adverse impact (i.e.,
mitigation) the requirements pertaining
to the monitoring and reporting of such
taking.
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.’’
Summary of Request
On February 28, 2005, NMFS received
an application from MMS (MMS, 2005a)
requesting, on behalf of the offshore oil
and gas industry, authorization under
section 101(a)(5)(A) of the MMPA to
take marine mammals by harassment
incidental to explosive severance
activities at offshore oil and gas
structures in the GoM outer continental
shelf (OCS). Except for certain
categories of activities not pertinent
here, the MMPA, 16 USC 1362(18)(A),
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].
Description of the Activity
During exploration, development, and
production operations for mineral
extraction in the GoM OCS, the seafloor
around activity areas becomes the
repository of temporary and permanent
equipment and structures. In
compliance with OCS Lands Act
(OCSLA) regulations and MMS
guidelines, operators are required to
remove or ‘‘decommission’’ seafloor
obstructions from their leases within
E:\FR\FM\19JNR1.SGM
19JNR1
Agencies
[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Rules and Regulations]
[Page 34875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13913]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 79
Registration of Fuels and Fuel Additives
CFR Correction
In title 40 of the Code of Federal Regulations, parts 72 to 80,
revised as of July 1, 2007, on page 604, in Sec. 79.68, paragraph
(f)(5)(vii) is reinstated to read as follows:
Sec. 79.68 Salmonella typhimurium reverse mutation assay.
* * * * *
(f) * * *
(5) * * *
(vii) Dose-response relationship, if applicable.
* * * * *
[FR Doc. E8-13913 Filed 6-18-08; 8:45 am]
BILLING CODE 1505-01-D