Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Operation and Maintenance of the Neptune Liquefied Natural Gas Facility off Massachusetts, 41486-41487 [2011-17762]
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Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices
wreier-aviles on DSKGBLS3C1PROD with NOTICES
This preliminary determination is
supported by the fact that UAGI and
NSF have worked closely with the
AEWC and NSB to ensure that the
proposed activities are not co-located
with annual subsistence activities.
Additionally, the proposed seismic
survey will occur more than 200 km
(124 mi) offshore of the North Slope and
to the west of the communities that
conduct fall bowhead whale subsistence
hunts. This means that the whales will
reach the communities prior to entering
into the proposed survey area. The
Chukchi Sea beluga hunts are typically
completed prior to the time the
Langseth would be transiting through
the Chukchi Sea to the survey site.
Should late summer or early fall hunts
of certain species be occurring at the
time of transit of the vessel, the hunts
occur closer into shore than the
proposed transit route of the Langseth.
Based on the measures described in
UAGI’s POC, the proposed mitigation
and monitoring measures (described
earlier in this document), and the
project design itself, NMFS has
determined preliminarily that there will
not be an unmitigable adverse impact on
subsistence uses from UAGI’s marine
seismic survey.
Endangered Species Act (ESA)
Three of the marine mammal species
that could occur in the proposed
seismic survey area are listed under the
ESA: Bowhead whale; humpback whale;
and fin whale. Under Section 7 of the
ESA, NSF has initiated formal
consultation with the NMFS, Office of
Protected Resources, Endangered
Species Division, on this proposed
seismic survey. NMFS’s Office of
Protected Resources, Permits,
Conservation and Education Division,
has also initiated formal consultation
under section 7 of the ESA with NMFS’
Office of Protected Resources,
Endangered Species Division, to obtain
a Biological Opinion evaluating the
effects of issuing the IHA on ESA-listed
marine mammals and, if appropriate,
authorizing incidental take. NMFS will
conclude formal section 7 consultation
prior to making a determination on
whether or not to issue the IHA. If the
IHA is issued, UAGI, in addition to the
mitigation and monitoring requirements
included in the IHA, will be required to
comply with the Terms and Conditions
of the Incidental Take Statement
corresponding to NMFS’s Biological
Opinion issued to both NSF and
NMFS’s Office of Protected Resources.
Although the ringed seal and bearded
seal have been proposed for listing
under the ESA, neither of the listings
will be finalized prior to conclusion of
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14:55 Jul 13, 2011
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the proposed seismic survey. Therefore,
consultation pursuant to section 7 of the
ESA is not needed for these species.
National Environmental Policy Act
(NEPA)
With its complete application, UAGI
and NSF provided NMFS an EA
analyzing the direct, indirect, and
cumulative environmental impacts of
the proposed specified activities on
marine mammals including those listed
as threatened or endangered under the
ESA. The EA, prepared by LGL on
behalf of NSF is entitled
‘‘Environmental Assessment of a Marine
Geophysical Survey by the R/V Marcus
G. Langseth in the Arctic Ocean,
September–October 2011.’’ Prior to
making a final decision on the IHA
application, NMFS will either prepare
an independent EA, or, after review and
evaluation of the NSF EA for
consistency with the regulations
published by the Council on
Environmental Quality and NOAA
Administrative Order 216–6,
Environmental Review Procedures for
Implementing the National
Environmental Policy Act, adopt the
NSF EA and make a decision of whether
or not to issue a Finding of No
Significant Impact.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to
authorize the take of marine mammals
incidental to UAGI’s proposed marine
seismic survey in the Arctic Ocean,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: July 11, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–17765 Filed 7–13–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RIN 0648–XA562]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Operation and
Maintenance of the Neptune Liquefied
Natural Gas Facility off Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Fmt 4703
Sfmt 4703
Notice of issuance of a Letter of
Authorization.
ACTION:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that a Letter of
Authorization (LOA) has been issued to
Neptune LNG LLC (Neptune) to take
marine mammals, by harassment,
incidental to port commissioning and
operations, including maintenance and
repair activities, at the Neptune
Deepwater Port (the Port) in
Massachusetts Bay.
DATES: Effective from July 12, 2011,
through July 10, 2016.
ADDRESSES: The LOA and supporting
documentation may be obtained by
writing to Michael Payne, Chief,
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Silver
Spring, MD 20910, calling the contact
listed under FOR FURTHER INFORMATION
CONTACT, or visiting the Internet at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may also be viewed, by
appointment, during regular business
hours at the above address.
The Final Environmental Impact
Statement (Final EIS) on the Neptune
Deepwater Port License Application
authored by the Maritime
Administration (MARAD) and U.S.
Coast Guard (USCG) is available for
viewing at https://www.regulations.gov
by entering the search words ‘‘Neptune
LNG.’’ FOR FURTHER INFORMATION
CONTACT: Candace Nachman, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs 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
regulations are issued. Under the
MMPA, the term ‘‘take’’ means to
harass, hunt, capture, or kill or to
attempt to harass, hunt, capture, or kill
any marine mammal.
Authorization for incidental takings
may be granted for periods up to 5
years, after notification and opportunity
for public comment, 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
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14JYN1
wreier-aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices
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.’’
Regulations governing the take of 14
species of marine mammals, by Level B
harassment only, incidental to operation
and repair and maintenance activities at
the Neptune Port off Massachusetts
were issued on June 13, 2011 (76 FR
34157). These regulations are effective
from July 11, 2011, through July 10,
2016 (76 FR 35995, June 21, 2011). The
species which are authorized for taking
are: North Atlantic right whale;
humpback whale; fin whale; sei whale;
minke whale; long-finned pilot whale;
killer whale; Atlantic white-sided
dolphin; harbor porpoise; common
dolphin; Risso’s dolphin; bottlenose
dolphin; harbor seal; and gray seal. For
detailed information on this action,
please refer to the final rule and
correction to the final rule (76 FR 34157,
June 13, 2011; 76 FR 35995, June 21,
2011). These regulations include
mitigation, monitoring, and reporting
requirements for the incidental take of
marine mammals during operation and
repair and maintenance activities at the
Neptune Port.
This LOA is effective from July 12,
2011, through July 10, 2016, and
authorizes the incidental take of the 14
marine mammal species listed above
that may result from port
commissioning and operations,
including maintenance and repair
activities, at the Neptune Deepwater
Port off Massachusetts. Once the Port is
fully operational, it is anticipated that
there may be up to 50 shuttle
regasification vessel (SRV) trips per
year.
Potential effects of Neptune’s port
operations and maintenance/repair
activities would most likely be acoustic
in nature. LNG port operations and
maintenance/repair activities introduce
sound into the marine environment.
Potential acoustic effects on marine
mammals relate to sound produced by
thrusters during maneuvering of the
SRVs while docking and undocking,
occasional weathervaning at the port,
and during thruster use of dynamic
positioning maintenance vessels should
a major repair be necessary. Marine
mammals may experience masking and
behavioral disturbance.
VerDate Mar<15>2010
14:55 Jul 13, 2011
Jkt 223001
Take of marine mammals will be
minimized through the implementation
of the following mitigation measures: (1)
Restricting repair and maintenance
activities to the period between May 1
and November 30, to the greatest extent
practicable, so that acoustic disturbance
to the endangered North Atlantic right
whale can largely be avoided; (2) using
NMFS-approved protected species
observers (PSOs) onboard vessels and
bioacoustic technicians; (3) taking
appropriate actions to minimize the risk
of striking whales, including reducing
speed to 10 knots or less in certain
seasons and areas and alerting
personnel responsible for navigation
and lookout duties to concentrate their
efforts when a marine mammal is
sighted; (4) remaining 1 km (0.6 mi)
away from North Atlantic right whales
and other whales to the extent possible
while moving, and PSOs will direct a
moving vessel to slow to idle if a baleen
whale is seen less than 1 km (0.6 mi)
from the vessel; (5) remaining 91 m (100
yd) away from all other marine mammal
species; (6) ceasing any noise emitting
activities that exceed a source level of
139 dB re 1 μPa if a right whale is
sighted within or approaching to a
distance of 457 m (500 yd); (7) ceasing
any noise emitting activities that exceed
a source level of 139 dB re 1 μPa if a
marine mammal other than a right
whale is sighted within or approaching
to a distance of 91 m (100 yd); and (8)
implementing passive acoustic
monitoring of marine mammals to
supplement the effectiveness of visual
sightings. Additionally, the rule
includes an adaptive management
component that allows for timely
modification of mitigation or monitoring
measures based on new information,
when appropriate. No injury or
mortality is anticipated, and none is
authorized.
Through this LOA, Neptune is
required to monitor for marine
mammals using both visual observers
(i.e., PSOs) and passive acoustic
monitoring systems. Neptune is
required to submit an annual report to
NMFS on August 1 of each year. The
report will include data collected for
each distinct marine mammal species
observed in the LNG facility area during
the period of January 1 through
December 31 of the previous year of
activity. Additional information on the
mitigation, monitoring, and reporting
requirements can be found in the final
rule (76 FR 34157, June 13, 2011).
Neptune is also required to submit a
comprehensive report, which shall
provide full documentation of methods,
results, and interpretation of all
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41487
monitoring during the period of
effectiveness of this LOA.
Dated: July 11, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–17762 Filed 7–13–11; 8:45 am]
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 11–C0006]
Macy’s, Inc., Provisional Acceptance of
a Settlement Agreement and Order
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
It is the policy of the
Commission to publish settlements
which it provisionally accepts under the
Consumer Product Safety Act in the
Federal Register in accordance with the
terms of 16 CFR 1118.20(e). Published
below is a provisionally-accepted
Settlement Agreement with Macy’s, Inc.,
containing a civil penalty of
$750,000.00.
SUMMARY:
Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by July 29,
2011.
DATES:
Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 11–C0006, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Room 820, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT: Seth
B. Popkin, Lead Trial Attorney, Division
of Enforcement and Information, Office
of the General Counsel, Consumer
Product Safety Commission, 4330 EastWest Highway, Bethesda, Maryland
20814–4408; telephone (301) 504–7612.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
ADDRESSES:
July 11, 2011.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Macy’s, Inc. (‘‘Macy’s’’) and the U.S.
Consumer Product Safety Commission
(‘‘Commission’’) staff (‘‘Staff’’) enter into
this Settlement Agreement
(‘‘Agreement’’). The Agreement and the
E:\FR\FM\14JYN1.SGM
14JYN1
]]>Agencies
[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41486-41487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17762]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RIN 0648-XA562]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Operation and Maintenance of the Neptune Liquefied
Natural Gas Facility off Massachusetts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of a Letter of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that a Letter of Authorization (LOA) has been issued to Neptune LNG LLC
(Neptune) to take marine mammals, by harassment, incidental to port
commissioning and operations, including maintenance and repair
activities, at the Neptune Deepwater Port (the Port) in Massachusetts
Bay.
DATES: Effective from July 12, 2011, through July 10, 2016.
ADDRESSES: The LOA and supporting documentation may be obtained by
writing to Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, NMFS, 1315 East-West Highway,
Silver Spring, MD 20910, calling the contact listed under FOR FURTHER
INFORMATION CONTACT, or visiting the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this
notice may also be viewed, by appointment, during regular business
hours at the above address.
The Final Environmental Impact Statement (Final EIS) on the Neptune
Deepwater Port License Application authored by the Maritime
Administration (MARAD) and U.S. Coast Guard (USCG) is available for
viewing at https://www.regulations.gov by entering the search words
``Neptune LNG.'' FOR FURTHER INFORMATION CONTACT: Candace Nachman,
Office of Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
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 regulations are issued. Under the MMPA, the term ``take''
means to harass, hunt, capture, or kill or to attempt to harass, hunt,
capture, or kill any marine mammal.
Authorization for incidental takings may be granted for periods up
to 5 years, after notification and opportunity for public comment, 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
[[Page 41487]]
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.''
Regulations governing the take of 14 species of marine mammals, by
Level B harassment only, incidental to operation and repair and
maintenance activities at the Neptune Port off Massachusetts were
issued on June 13, 2011 (76 FR 34157). These regulations are effective
from July 11, 2011, through July 10, 2016 (76 FR 35995, June 21, 2011).
The species which are authorized for taking are: North Atlantic right
whale; humpback whale; fin whale; sei whale; minke whale; long-finned
pilot whale; killer whale; Atlantic white-sided dolphin; harbor
porpoise; common dolphin; Risso's dolphin; bottlenose dolphin; harbor
seal; and gray seal. For detailed information on this action, please
refer to the final rule and correction to the final rule (76 FR 34157,
June 13, 2011; 76 FR 35995, June 21, 2011). These regulations include
mitigation, monitoring, and reporting requirements for the incidental
take of marine mammals during operation and repair and maintenance
activities at the Neptune Port.
This LOA is effective from July 12, 2011, through July 10, 2016,
and authorizes the incidental take of the 14 marine mammal species
listed above that may result from port commissioning and operations,
including maintenance and repair activities, at the Neptune Deepwater
Port off Massachusetts. Once the Port is fully operational, it is
anticipated that there may be up to 50 shuttle regasification vessel
(SRV) trips per year.
Potential effects of Neptune's port operations and maintenance/
repair activities would most likely be acoustic in nature. LNG port
operations and maintenance/repair activities introduce sound into the
marine environment. Potential acoustic effects on marine mammals relate
to sound produced by thrusters during maneuvering of the SRVs while
docking and undocking, occasional weathervaning at the port, and during
thruster use of dynamic positioning maintenance vessels should a major
repair be necessary. Marine mammals may experience masking and
behavioral disturbance.
Take of marine mammals will be minimized through the implementation
of the following mitigation measures: (1) Restricting repair and
maintenance activities to the period between May 1 and November 30, to
the greatest extent practicable, so that acoustic disturbance to the
endangered North Atlantic right whale can largely be avoided; (2) using
NMFS-approved protected species observers (PSOs) onboard vessels and
bioacoustic technicians; (3) taking appropriate actions to minimize the
risk of striking whales, including reducing speed to 10 knots or less
in certain seasons and areas and alerting personnel responsible for
navigation and lookout duties to concentrate their efforts when a
marine mammal is sighted; (4) remaining 1 km (0.6 mi) away from North
Atlantic right whales and other whales to the extent possible while
moving, and PSOs will direct a moving vessel to slow to idle if a
baleen whale is seen less than 1 km (0.6 mi) from the vessel; (5)
remaining 91 m (100 yd) away from all other marine mammal species; (6)
ceasing any noise emitting activities that exceed a source level of 139
dB re 1 [micro]Pa if a right whale is sighted within or approaching to
a distance of 457 m (500 yd); (7) ceasing any noise emitting activities
that exceed a source level of 139 dB re 1 [micro]Pa if a marine mammal
other than a right whale is sighted within or approaching to a distance
of 91 m (100 yd); and (8) implementing passive acoustic monitoring of
marine mammals to supplement the effectiveness of visual sightings.
Additionally, the rule includes an adaptive management component that
allows for timely modification of mitigation or monitoring measures
based on new information, when appropriate. No injury or mortality is
anticipated, and none is authorized.
Through this LOA, Neptune is required to monitor for marine mammals
using both visual observers (i.e., PSOs) and passive acoustic
monitoring systems. Neptune is required to submit an annual report to
NMFS on August 1 of each year. The report will include data collected
for each distinct marine mammal species observed in the LNG facility
area during the period of January 1 through December 31 of the previous
year of activity. Additional information on the mitigation, monitoring,
and reporting requirements can be found in the final rule (76 FR 34157,
June 13, 2011). Neptune is also required to submit a comprehensive
report, which shall provide full documentation of methods, results, and
interpretation of all monitoring during the period of effectiveness of
this LOA.
Dated: July 11, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2011-17762 Filed 7-13-11; 8:45 am]
BILLING CODE 3510-22-P
