Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied Natural Gas Deepwater Port in the Gulf of Mexico, 11205-11206 [2011-4539]

Download as PDF Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11205 Site visit (optional). Aquatech India 2011—conference and exhibition (optional). Departure for the U.S. Participation Requirements All parties interested in participating in the Water Technology Trade Mission to India must complete and submit an application package for consideration by the Department of Commerce. All applicants will be evaluated on their ability to meet certain conditions and best satisfy the selection criteria as outlined below. The mission will open on a first come first served basis for up to 15 qualified U.S. companies. Fees and Expenses After a company has been selected to participate in the mission, a payment to the Department of Commerce in the form of a participation fee is required. The participation fee will be $3,000 for large firms and $2,400 for a small- or medium-sized enterprise (SME), which includes one representative.* The fee for each additional firm representative (large firm or SME) is $250. Expenses for travel, lodging, most meals, and incidentals will be the responsibility of each mission participant. Conditions for Participation • An applicant must submit a completed and signed mission application and supplemental application materials, including adequate information on the company’s products and/or services, primary market objectives, and goals for participation. • Each applicant must also certify that the products and services it seeks to export through the mission are either produced in the United States, or, if not, marketed under the name of a U.S. firm and have at least fifty-one percent U.S. content. jlentini on DSKJ8SOYB1PROD with NOTICES Selection Criteria for Participation • Suitability of the company’s products or services to the market or markets targeted by the mission. • Consistency of the applicant’s goals and objectives with the scope and design of the mission. • Applicant’s potential for business [in the target markets/in the mission * An SME is defined as a firm with 500 or fewer employees or that otherwise qualifies as a small business under SBA regulations (see http:// www.sba.gov/services/contracting opportunities/ sizestandardstopics/index.html). Parent companies, affiliates, and subsidiaries will be considered when determining business size. The dual pricing reflects the Commercial Service’s user fee schedule that became effective May 1, 2008 (see http:// www.export.gov/newsletter/march2008/ initiatives.html for additional information). VerDate Mar<15>2010 18:42 Feb 28, 2011 Jkt 223001 country(ies)], including likelihood of exports resulting from the mission. 784–5203, E-mail: Bill.Cline@trade.gov. Diversity of company size, sector or subsector, and location may also be considered during the review process. Referrals from political organizations and any documents containing references to partisan political activities (including political contributions) will be removed from an applicant’s submission and not considered during the selection process. Lisa Huot, Trade Promotion Programs, International Trade Specialist, U.S. Commercial Service. Timeframe for Recruitment and Applications RIN 0648–XA254 Mission recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar (http://www.ita.doc.gov/ doctm/tmcal.html) and other Internet web sites, press releases to general and trade media, direct mail, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. Recruitment for the mission will begin immediately and conclude no later than January 15, 2011. The mission will be open on a first come first served basis. Applications received after that date will be considered only if space and scheduling constraints permit. Information can also be obtained by contacting the mission contacts listed below. Contacts U.S. Commercial Services India, Mr. Kamal Vora, U.S. Commercial Services, Mumbai, Tel: 91–22– 22652511, E-mail: Kamal.Vora@trade.gov. Mr. Leonard Roberts, U.S. Commercial Services, Bangalore, Tel: 91–80–2220– 6403, E-mail: Leonard.Roberts@trade.gov. U.S. Commercial Services Export Assistance Centers, Ms. Julia Rauner Guerrero, Senior International Trade Specialist. U.S. Commercial Service, San Diego, Tel: 858–467–7038, Email: Julia.Rauner@trade.gov. Mr. Bill Cline, Director, U.S. Commercial Service, Reno, Tel: 775– PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 [FR Doc. 2011–4555 Filed 2–28–11; 8:45 am] BILLING CODE 3510–FP–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied Natural Gas Deepwater Port in the Gulf of Mexico 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. AGENCY: NMFS has received a request from Port Dolphin Energy LLC (Port Dolphin) for authorization for the take, by Level B harassment, of marine mammals incidental to construction and operation of the Port Dolphin Deepwater Port (Port) off the Gulf coast of Florida for the period June 2012–June 2017. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of Port Dolphin’s request for the development and implementation of 5-year regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on Port Dolphin’s application and request. DATES: Comments and information must be received no later than March 31, 2011. ADDRESSES: Comments on the application should be addressed to Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910. The mailbox address for providing e-mail comments is ITP.Nachman@noaa.gov. NMFS is not responsible for e-mail comments sent to addresses other than the one provided here. Comments sent via e-mail, SUMMARY: E:\FR\FM\01MRN1.SGM 01MRN1 11206 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices including all attachments, must not exceed a 10-megabyte file size. Instructions: All comments received are a part of the public record and will generally be posted to http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected Resources, NMFS, (301) 713–2289, ext. 156. SUPPLEMENTARY INFORMATION: Availability A copy of Port Dolphin’s application may be obtained by writing to the address specified above (ADDRESSES), calling the contact listed above (FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm. The U.S. Coast Guard’s and U.S. Maritime Administration’s Final Environmental Impact Statement was made available to the public on July 9, 2009. jlentini on DSKJ8SOYB1PROD with NOTICES Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce 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 either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Authorization for incidental takings shall 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 subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings 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.’’ VerDate Mar<15>2010 18:42 Feb 28, 2011 Jkt 223001 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 February 1, 2011, NMFS received a complete application from Port Dolphin requesting authorization for the take of two marine mammal species incidental to construction and operation of a liquefied natural gas (LNG) deepwater port off the Gulf coast of Florida over the course of 5 years, which would necessitate the promulgation of 5-year regulations. Port Dolphin plans to build the LNG Port off the western coast of Florida, approximately 42 mi (68 km) from Port Manatee, Florida. Once built, Port Dolphin anticipates up to 46 shuttle regasification vessel (SRV) unloadings per year during the first several years of operation. Noise produced during Port installation and construction activities and Port operations have the potential to take marine mammals. Port Dolphin requests authorization to take two cetacean species by Level B harassment only: Atlantic spotted dolphin and bottlenose dolphin. Injury or mortality is unlikely during the proposed activities, and take by Level A harassment (including injury) or mortality is not requested in Port Dolphin’s application. Specified Activities In the application submitted to NMFS, Port Dolphin requests authorization to take marine mammals incidental to construction and operation of the LNG Port off the Gulf coast of Florida. Construction activities, which would take approximately 11 months to complete, include: buoy installation; offshore hammering; horizontal directional drilling (HDD); HDD vibratory; pipeline laying offshore; pipeline laying inshore; offshore plowing; and inshore plowing. Operational activities include: SRV maneuvering and docking and regasification. Sections 1 and 2 of Port Dolphin’s application describe the full suite of activities, as well as the location and duration of activity. Information Solicited Interested persons may submit information, suggestions, and comments PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 concerning Port Dolphin’s request (see All information, suggestions, and comments related to Port Dolphin’s request and NMFS’ potential development and implementation of regulations governing the incidental taking of marine mammals by Port Dolphin’s activities will be considered by NMFS in developing, if appropriate, the most effective regulations governing the issuance of letters of authorization. ADDRESSES). Dated: February 23, 2011. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2011–4539 Filed 2–28–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office Proposed Collection; Patent Examiner Employment Application ACTION: Proposed collection; comment request. The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the revision of a currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). SUMMARY: Written comments must be submitted on or before May 2, 2011. ADDRESSES: You may submit comments by any of the following methods: • E-mail: InformationCollection@uspto.gov. Include ‘‘0651–0042 comment’’ in the subject line of the message. • Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450. • Federal Rulemaking Portal: http:// www.regulations.gov. DATES: FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the attention of LaRita Jones, Chief of the Workforce Employment Division, Office of Human Resources, United States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313–1450; by telephone at 571–272–6196; or by e-mail to larita.jones@uspto.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\01MRN1.SGM 01MRN1

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[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11205-11206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4539]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA254


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Construction and Operation of a Liquefied Natural Gas 
Deepwater Port in the Gulf of Mexico

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.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from Port Dolphin Energy LLC (Port 
Dolphin) for authorization for the take, by Level B harassment, of 
marine mammals incidental to construction and operation of the Port 
Dolphin Deepwater Port (Port) off the Gulf coast of Florida for the 
period June 2012-June 2017. Pursuant to the Marine Mammal Protection 
Act (MMPA), NMFS is announcing receipt of Port Dolphin's request for 
the development and implementation of 5-year regulations governing the 
incidental taking of marine mammals and inviting information, 
suggestions, and comments on Port Dolphin's application and request.

DATES: Comments and information must be received no later than March 
31, 2011.

ADDRESSES: Comments on the application should be addressed to Michael 
Payne, Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910. The mailbox address for providing e-
mail comments is ITP.Nachman@noaa.gov. NMFS is not responsible for e-
mail comments sent to addresses other than the one provided here. 
Comments sent via e-mail,

[[Page 11206]]

including all attachments, must not exceed a 10-megabyte file size.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289, ext. 156.

SUPPLEMENTARY INFORMATION:

Availability

    A copy of Port Dolphin's application may be obtained by writing to 
the address specified above (ADDRESSES), calling the contact listed 
above (FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The U.S. Coast 
Guard's and U.S. Maritime Administration's Final Environmental Impact 
Statement was made available to the public on July 9, 2009.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce 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 either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    Authorization for incidental takings shall 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 subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
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 February 1, 2011, NMFS received a complete application from Port 
Dolphin requesting authorization for the take of two marine mammal 
species incidental to construction and operation of a liquefied natural 
gas (LNG) deepwater port off the Gulf coast of Florida over the course 
of 5 years, which would necessitate the promulgation of 5-year 
regulations. Port Dolphin plans to build the LNG Port off the western 
coast of Florida, approximately 42 mi (68 km) from Port Manatee, 
Florida. Once built, Port Dolphin anticipates up to 46 shuttle 
regasification vessel (SRV) unloadings per year during the first 
several years of operation. Noise produced during Port installation and 
construction activities and Port operations have the potential to take 
marine mammals. Port Dolphin requests authorization to take two 
cetacean species by Level B harassment only: Atlantic spotted dolphin 
and bottlenose dolphin. Injury or mortality is unlikely during the 
proposed activities, and take by Level A harassment (including injury) 
or mortality is not requested in Port Dolphin's application.

Specified Activities

    In the application submitted to NMFS, Port Dolphin requests 
authorization to take marine mammals incidental to construction and 
operation of the LNG Port off the Gulf coast of Florida. Construction 
activities, which would take approximately 11 months to complete, 
include: buoy installation; offshore hammering; horizontal directional 
drilling (HDD); HDD vibratory; pipeline laying offshore; pipeline 
laying inshore; offshore plowing; and inshore plowing. Operational 
activities include: SRV maneuvering and docking and regasification. 
Sections 1 and 2 of Port Dolphin's application describe the full suite 
of activities, as well as the location and duration of activity.

Information Solicited

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

    Dated: February 23, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-4539 Filed 2-28-11; 8:45 am]
BILLING CODE 3510-22-P