Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, 18126-18127 [2023-06286]
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
recommendations to the Council, as
appropriate. They will discuss Gulf of
Maine haddock and other items, as
necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 22, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–06305 Filed 3–24–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC739]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of modification to
expiration date of Letter of
Authorization.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, its implementing
regulations, and NMFS’ MMPA
Regulations for Taking Marine
Mammals Incidental to Geophysical
Surveys Related to Oil and Gas
Activities in the Gulf of Mexico,
notification is hereby given that a Letter
SUMMARY:
VerDate Sep<11>2014
19:19 Mar 24, 2023
Jkt 259001
of Authorization (LOA) to Anadarko
Petroleum Corporation (Anadarko), for
the take of marine mammals incidental
to geophysical survey activity in the
Gulf of Mexico, has been modified to
reflect a new expiration date.
DATES: This Letter of Authorization is
effective April 1, 2023 through June 1,
2023.
ADDRESSES: The LOA, LOA request, and
supporting documentation are available
online at: www.fisheries.noaa.gov/
marine-mammal-protection/issuedletters-authorization-oil-and-gasindustry-geophysical-survey. In case of
problems accessing these documents,
please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
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.
An 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,
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
On January 19, 2021, we issued a final
rule with regulations to govern the
unintentional taking of marine
mammals incidental to geophysical
survey activities conducted by oil and
gas industry operators, and those
persons authorized to conduct activities
on their behalf (collectively ‘‘industry
operators’’), in Federal waters of the
U.S. Gulf of Mexico (GOM) over the
course of 5 years (86 FR 5322; January
19, 2021). The rule was based on our
findings that the total taking from the
specified activities over the 5-year
period will have a negligible impact on
the affected species or stock(s) of marine
mammals and will not have an
unmitigable adverse impact on the
availability of those species or stocks for
subsistence uses. The rule became
effective on April 19, 2021.
Our regulations at 50 CFR 217.180 et
seq. allow for the issuance of LOAs to
industry operators for the incidental
take of marine mammals during
geophysical survey activities and
prescribe the permissible methods of
taking and other means of effecting the
least practicable adverse impact on
marine mammal species or stocks and
their habitat (often referred to as
mitigation), as well as requirements
pertaining to the monitoring and
reporting of such taking. Under 50 CFR
217.186(e), issuance of an LOA shall be
based on a determination that the level
of taking will be consistent with the
findings made for the total taking
allowable under these regulations and a
determination that the amount of take
authorized under the LOA is of no more
than small numbers.
NMFS issued an LOA to Anadarko on
September 27, 2022, for the take of
marine mammals incidental to one of
the following vertical seismic profile
(VSP) survey types: Zero Offset, TwoDimensional (2D), or Three-Dimensional
(3D) in the vicinity of the Horn
Mountain field in the Mississippi
Canyon area, around block MC–81.
Please see the Federal Register notice of
issuance (87 FR 59783; October 3, 2022)
for additional detail regarding the LOA
and the survey activity.
Anadarko initially anticipated that the
activity would occur at some point
between October 1, 2022 and April 1,
2023. Anadarko subsequently informed
NMFS that a shift in their drillship
schedule is likely to cause the
associated VSP survey to occur later
than previously expected. Anadarko has
requested modification to the
effectiveness end date of the LOA (from
April 1, 2023, to June 1, 2023) to
E:\FR\FM\27MRN1.SGM
27MRN1
Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Notices
account for any potential delays. There
are no other changes to Anadarko’s
planned activity. Since issuance of the
LOA, no survey work has occurred.
Authorization
NMFS has changed the effectiveness
end date of the LOA from April 1, 2023,
to June 1, 2023. Consistent with 50 CFR
217.187, the specified activity and
mitigation, monitoring, and reporting
measures, as well as the anticipated
impacts, are the same as those described
and analyzed for the regulations. There
are no other changes to the LOA as
described in the October 1, 2022,
Federal Register notice of issuance (87
FR 59783): the survey activity,
estimated take by incidental
harassment; and small numbers analysis
and determination remain unchanged
from the original LOA and are herein
incorporated by reference.
Dated: March 22, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–06286 Filed 3–24–23; 8:45 am]
BILLING CODE 3510–22–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995
(PRA), this notice announces that the
Information Collection Request (ICR)
abstracted below has been forwarded to
the Office of Information and Regulatory
Affairs (OIRA), of the Office of
Management and Budget (OMB), for
review and comment. The ICR describes
the nature of the information collection
and its expected costs and burden.
DATES: Comments must be submitted on
or before April 26, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of this
notice’s publication to OIRA, at https://
www.reginfo.gov/public/do/PRAMain.
Please find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the website’s
search function. Comments can be
entered electronically by clicking on the
‘‘comment’’ button next to the
information collection on the ‘‘OIRA
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
19:19 Mar 24, 2023
Jkt 259001
Information Collections Under Review’’
page, or the ‘‘View ICR—Agency
Submission’’ page. A copy of the
supporting statement for the collection
of information discussed herein may be
obtained by visiting https://
www.reginfo.gov/public/do/PRAMain.
In addition to the submission of
comments to https://Reginfo.gov as
indicated above, a copy of all comments
submitted to OIRA may also be
submitted to the Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) by clicking
on the ‘‘Submit Comment’’ box next to
the descriptive entry for OMB Control
No. 3038–0009, at https://
comments.cftc.gov/FederalRegister/
PublicInfo.aspx.
Or by either of the following methods:
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments
submitted to the Commission should
include only information that you wish
to make available publicly. If you wish
the Commission to consider information
that you believe is exempt from
disclosure under the Freedom of
Information Act, a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.1 The
Commission reserves the right, but shall
have no obligation, to review, prescreen, filter, redact, refuse or remove
any or all of your submission from
https://www.cftc.gov that it may deem to
be inappropriate for publication, such as
obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
ICR will be retained in the public
comment file and will be considered as
required under the Administrative
Procedure Act and other applicable
laws, and may be accessible under the
Freedom of Information Act.
FOR FURTHER INFORMATION CONTACT:
Jonathan Lave, Associate Director,
Division of Market Oversight,
Commodity Futures Trading
Commission, (202) 418–5983; email:
jlave@cftc.gov, and refer to OMB Control
No. 3038–0009.
SUPPLEMENTARY INFORMATION:
Title: Larger Trader Reports, (OMB
Control No. 3038–0009). This is a
1 17
PO 00000
Fmt 4703
request for extension of a currently
approved information collection.
Abstract: The reporting rules covered
by OMB control number 3038–0009
(‘‘the Collection’’) are structured to
ensure that the Commission receives
adequate information to carry out its
market and financial surveillance
programs. The market surveillance
programs analyze market information to
detect and prevent market disruptions
and enforce speculative position limits.
The financial surveillance programs
combine market information with
financial data to assess the financial
risks presented by large customer
positions to Commission registrants and
clearing organizations.
The reporting rules are implemented
by the Commission partly pursuant to
the authority of sections 4a, 4c(b), 4g,
and 4i of the Commodity Exchange Act.
Section 4a of the Act permits the
Commission to set, approve exchange
set, and enforce speculative position
limits. Section 4c(b) of the Act gives the
Commission plenary authority to
regulate transactions that involve
commodity options. Section 4g of the
Act imposes reporting and
recordkeeping obligations on registered
entities and registrants (including
futures commission merchants,
introducing brokers, floor brokers, or
floor traders), and requires each
registrant to file such reports as the
Commission may require on proprietary
and customer positions executed on any
board of trade in the United States or
elsewhere. Lastly, section 4i of the Act
requires the filing of such reports as the
Commission may require when
positions made or obtained on
designated contract markets or
derivatives transaction execution
facilities equal or exceed Commission
set levels.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number.2 On January 20, 2023,
the Commission published in the
Federal Register notice of the proposed
extension of this information collection
and provided 60 days for public
comment on the proposed extension, 88
FR 3720 (‘‘60-Day Notice’’).
The Commission received one
relevant comment from Mangat
Analytics, which recommended that
large trader reports should specify by
name who are the large traders and
commercial hedgers. The Commission
has determined to not require reporting
entities to provide such information.
2 44 U.S.C. 3512, 5 CFR 1320.5(b)(2)(i) and
1320.8(b)(3)(vi).
CFR 145.9.
Frm 00018
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27MRN1
]]>Agencies
[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Notices]
[Pages 18126-18127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06286]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC739]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of modification to expiration date of Letter of
Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, its implementing regulations, and NMFS' MMPA Regulations for
Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil
and Gas Activities in the Gulf of Mexico, notification is hereby given
that a Letter of Authorization (LOA) to Anadarko Petroleum Corporation
(Anadarko), for the take of marine mammals incidental to geophysical
survey activity in the Gulf of Mexico, has been modified to reflect a
new expiration date.
DATES: This Letter of Authorization is effective April 1, 2023 through
June 1, 2023.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: www.fisheries.noaa.gov/marine-mammal-protection/issued-letters-authorization-oil-and-gas-industry-geophysical-survey.
In case of problems accessing these documents, please call the contact
listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rachel Wachtendonk, Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
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.
An 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).
On January 19, 2021, we issued a final rule with regulations to
govern the unintentional taking of marine mammals incidental to
geophysical survey activities conducted by oil and gas industry
operators, and those persons authorized to conduct activities on their
behalf (collectively ``industry operators''), in Federal waters of the
U.S. Gulf of Mexico (GOM) over the course of 5 years (86 FR 5322;
January 19, 2021). The rule was based on our findings that the total
taking from the specified activities over the 5-year period will have a
negligible impact on the affected species or stock(s) of marine mammals
and will not have an unmitigable adverse impact on the availability of
those species or stocks for subsistence uses. The rule became effective
on April 19, 2021.
Our regulations at 50 CFR 217.180 et seq. allow for the issuance of
LOAs to industry operators for the incidental take of marine mammals
during geophysical survey activities and prescribe the permissible
methods of taking and other means of effecting the least practicable
adverse impact on marine mammal species or stocks and their habitat
(often referred to as mitigation), as well as requirements pertaining
to the monitoring and reporting of such taking. Under 50 CFR
217.186(e), issuance of an LOA shall be based on a determination that
the level of taking will be consistent with the findings made for the
total taking allowable under these regulations and a determination that
the amount of take authorized under the LOA is of no more than small
numbers.
NMFS issued an LOA to Anadarko on September 27, 2022, for the take
of marine mammals incidental to one of the following vertical seismic
profile (VSP) survey types: Zero Offset, Two-Dimensional (2D), or
Three-Dimensional (3D) in the vicinity of the Horn Mountain field in
the Mississippi Canyon area, around block MC-81. Please see the Federal
Register notice of issuance (87 FR 59783; October 3, 2022) for
additional detail regarding the LOA and the survey activity.
Anadarko initially anticipated that the activity would occur at
some point between October 1, 2022 and April 1, 2023. Anadarko
subsequently informed NMFS that a shift in their drillship schedule is
likely to cause the associated VSP survey to occur later than
previously expected. Anadarko has requested modification to the
effectiveness end date of the LOA (from April 1, 2023, to June 1, 2023)
to
[[Page 18127]]
account for any potential delays. There are no other changes to
Anadarko's planned activity. Since issuance of the LOA, no survey work
has occurred.
Authorization
NMFS has changed the effectiveness end date of the LOA from April
1, 2023, to June 1, 2023. Consistent with 50 CFR 217.187, the specified
activity and mitigation, monitoring, and reporting measures, as well as
the anticipated impacts, are the same as those described and analyzed
for the regulations. There are no other changes to the LOA as described
in the October 1, 2022, Federal Register notice of issuance (87 FR
59783): the survey activity, estimated take by incidental harassment;
and small numbers analysis and determination remain unchanged from the
original LOA and are herein incorporated by reference.
Dated: March 22, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-06286 Filed 3-24-23; 8:45 am]
BILLING CODE 3510-22-P
