Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9801

Savage Neck Dunes Natural Area application for five-year regulations; engage in a specified activity (other than Preserve. request for comments and information. commercial fishing) within a specified geographical region if certain findings Washington SUMMARY: NMFS has received a request are made and regulations are issued or, Admiralty Head Preserve. from the Northeast Gateway Energy if the taking is limited to harassment, a Argyle Lagoon San Juan Islands Marine Bridge L.L.C. (Northeast Gateway or notice of a proposed authorization is Preserve. NEG) and its partner, Algonquin Gas provided to the public for review. Blake Island Underwater Park. Transmission, LLC (Algonquin), for Authorization shall be granted if Brackett’s Landing Shoreline Sanctuary authorization to take marine mammals NMFS finds that the taking will have a Conservation Area. incidental to operating and maintaining negligible impact on the species or Cherry Point Aquatic Reserve. a liquified natural gas (LNG) port stock(s), will not have an unmitigable Cypress Island Aquatic Reserve. facility and its associated Pipeline adverse impact on the availability of the Deception Pass Underwater Park. Lateral by NEG and Algonquin, in species or stock(s) for subsistence uses, False Bay San Juan Islands Marine Massachusetts Bay for the period of May and if the permissible methods of taking Preserve. 2009 through May 2014. Pursuant to the and requirements pertaining to the Fidalgo Bay Aquatic Reserve. Marine Mammal Protection Act mitigation, monitoring and reporting of Friday Harbor San Juan Islands Marine (MMPA), NMFS is requesting comments such taking are set forth. Preserve. on its proposal to issue an authorization NMFS has defined ‘‘negligible Haro Strait Special Management Fishery to Northeast Gateway and Algonquin to impact’’ in 50 CFR 216.103 as: Area. incidentally take, by harassment, small an impact resulting from the specified Maury Island Aquatic Reserve. numbers of marine mammals for a San Juan Channel & Upright Channel activity that cannot be reasonably expected period of 1 year. NMFS is also to, and is not reasonably likely to, adversely Special Management Fishery Area. requesting comments, information, and affect the species or stock through effects on Orchard Rocks Conservation Area. suggestions concerning Northeast annual rates of recruitment or survival. Shaw Island San Juan Islands Marine Gateway’s application and the structure Section 101(a)(5)(D) of the MMPA Preserve. and content of future regulations. South Puget Sound Wildfire Area. established an expedited process by Sund Rock Conservation Area. DATES: Comments and information must which citizens of the United States can Yellow and Low Islands San Juan be received no later than April 6, 2009. apply for an authorization to Islands Marine Preserve. ADDRESSES: Comments should be incidentally take small numbers of Zelia Schultz/Protection Island Marine addressed to P. Michael Payne, Chief, marine mammals by harassment. Except Preserve. Permits, Conservation and Education with respect to certain activities not Division, Office of Protected Resources, pertinent here, the MMPA defines Review and Approval National Marine Fisheries Service, 1315 ‘‘harassment’’ as: Following this public comment East-West Highway, Silver Spring, MD any act of pursuit, torment, or annoyance period, the MPA Center will forward 20910–3226. The mailbox address for which (i) has the potential to injure a marine public comments to the relevant providing email comments on this mammal or marine mammal stock in the wild managing entity or entities, which will action is PR1.0648–[email protected]. [Level A harassment]; or (ii) has the potential reaffirm or withdraw (in writing to the Comments sent via email, including all to disturb a marine mammal or marine MPA Center) the nomination. After final attachments, must not exceed a 10– mammal stock in the wild by causing disruption of behavioral patterns, including, MPA Center review, mutually agreed megabyte file size. A copy of the but not limited to, migration, breathing, upon MPAs will be accepted into the application and a list of references used nursing, breeding, feeding, or sheltering national system and the List of National in this document may be obtained by [Level B harassment]. System MPAs will be posted at http:// writing to this address, by telephoning Section 101(a)(5)(D) establishes a 45- www.mpa.gov. the contact listed here (see FOR FURTHER day time limit for NMFS review of an INFORMATION CONTACT) and is also Dated: March 3, 2009. application followed by a 30-day public available at: http://www.nmfs.noaa.gov/ John H. Dunnigan, notice and comment period on any pr/permits/incidental.htm. Assistant Administrator. proposed authorizations for the The Maritime Administration incidental harassment of marine [FR Doc. E9–4809 Filed 3–5–09; 8:45 am] (MARAD) and U.S. Coast Guard (USCG) mammals. Within 45 days of the close BILLING CODE 3510–08–P Final Environmental Impact Statement of the comment period, NMFS must (Final EIS) on the Northeast Gateway either issue or deny issuance of the Energy Bridge LNG Deepwater Port DEPARTMENT OF COMMERCE authorization. license application is available for National Oceanic and Atmospheric viewing at http://dms.dot.gov under the Summary of Request Administration docket number 22219. On August 15, 2008, NMFS received FOR FURTHER INFORMATION CONTACT: an application from Tetra Tech EC, Inc., RIN 0648–XN24 Shane Guan, Office of Protected on behalf of Northeast Gateway and Taking and Importing Marine Resources, NMFS, (301) 713–2289, ext Algonquin for an authorization to take Mammals; Operations of a Liquified 137. 12 species of marine mammals by Level Natural Gas Port Facility in SUPPLEMENTARY INFORMATION: B harassment incidental to operation Massachusetts Bay and maintenance of an LNG port facility Background in Massachusetts Bay. Since LNG Port AGENCY: National Marine Fisheries Sections 101(a)(5)(A) and 101(a)(5)(D) operation and maintenance activities Service (NMFS), National Oceanic and of the MMPA (16 U.S.C. 1361 et seq.) have the potential to take marine Atmospheric Administration (NOAA), direct the Secretary of Commerce mammals, a marine mammal take Commerce. (Secretary) to allow, upon request, the authorization under the MMPA is ACTION: Notice; proposed incidental incidental, but not intentional taking of warranted. NMFS has already issued a harassment authorization and receipt of marine mammals by U.S. citizens who one-year incidental harassment

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES 9802 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices

authorization for this activity pursuant LNGRVs would dock to the STL buoys, therefore, thrusters will not be used to to section 101(a)(5)(D) of the MMPA (73 which would serve as both the single- maintain a stationary position. FR 29485, May 21, 2008), which expires point mooring system for the vessels It is estimated that the NEG Port could on May 20, 2009. In order to for and the delivery conduit for natural gas. receive approximately 65 cargo Northeast Gateway and Algonquin to Each of the STL buoys is secured to the deliveries a year. During this time continue their operation and seafloor using a series of suction period thrusters would be engaged in maintenance of the LNG port facility in anchors and a combination of chain/ use for docking at the NEG Port Massachusetts Bay, both companies are cable anchor lines. approximately 10 to 30 minutes for each seeking a renewal of their IHA. On The proposed activity includes vessel arrival and departure. Northeast Gateway LNG Port operation January 26, 2009, Northeast Gateway NEG Port Maintenance and Algonquin submitted a revised and maintenance. The specified design life of the NEG MMPA permit application with NEG Port Operations modified activities. The modified Port is about 40 years, with the activities will also include certain During NEG Port operations, LNGRVs exception of the anchors, mooring operation and maintenance (O&M) servicing the Northeast Gateway Port chain/rope, and riser/umbilical activities to the Algonquin Pipeline will utilize the newly configured and assemblies, which are based on a Lateral for a limited time. Because the International Maritime Organization- maintenance-free design life of 20 years. LNG Port facility and Algonquin approved Boston Traffic Separation The buoy pick-up system components Pipeline Lateral operation and Scheme (TSS) on their approach to and are considered consumable and would maintenance activities will be ongoing departure from the Northeast Gateway be inspected following each buoy in the foreseeable future, NMFS will Port at the earliest practicable point of connection, and replaced (from inside propose regulations pursuant to section transit. LNGRVs will maintain speeds of the STL compartment during the normal 101(a)(5)(A) of the MMPA, which would 12 knots or less while in the TSS, unless cargo discharge period) as deemed govern these incidental takes under a transiting the Off Race Point Seasonal necessary. The underwater components Letter of Authorization for up to five Management Area between the dates of of the NEG Port would be inspected years. Under section 101(a)(5)(A), NMFS March 1 and April 30, or the Great once yearly in accordance with also must prescribe mitigation, South Channel Seasonal Management Classification Society Rules (American monitoring, and reporting requirements Area between the dates of April 1 and Bureau of Shipping) using either divers in its regulations. July 31, when they will not exceed 10– or remotely operated vehicles (ROVs) to knots or when there have been active inspect and record the condition of the Description of the Activity right whale sightings, active acoustic various STL system components. These The Northeast Gateway Port is located detections, or both, in the vicinity of the activities would be conducted using the in Massachusetts Bay and consists of a transiting LNGRV in the TSS or at the NEG Port’s normal support vessel (125– submerged buoy system to dock Northeast Gateway Port, in which case foot, 99 gross ton, 2,700 horsepower, specially designed LNG carriers the vessels also will slow their speeds aluminum mono-hull vessel), and to the approximately 13 mi (21 km) offshore of to 10 knots or less. extent possible would coincide with Massachusetts in federal waters As an LNGRV makes its final planned weekly visits to the NEG Port. approximately 270 to 290 ft (82 to 88 m) approach to the Northeast Gateway Port, Helicopters would not be used for in depth. This facility delivers regasified vessel speed will gradually be reduced marker line maintenance inspections. LNG to onshore markets via a 16.06–mi to 3 knots at 1.86 mi (3 km) out to less Detailed information on the (25.8–km) long, 24–in (61–cm) outside than 1 knot at a distance of 1,640 ft (500 operations and maintenance activities diameter natural gas pipeline lateral m) from the Northeast Gateway Port. can be found in the MARAD/USCG (Pipeline Lateral) owned and operated When an LNGRV arrives at the Final EIS on the Northeast Gateway by Algonquin and interconnected to Northeast Gateway Port, it would Project (see ADDRESSES for availability) Algonquin’s existing offshore natural retrieve one of the two permanently and in the take application. Detailed gas pipeline system in Massachusetts anchored submerged STL buoys. It information on the LNG facility’s Bay (HubLine). would make final connection to the operation and maintenance activities, The Northeast Gateway Port consists buoy through a series of engine and bow and noise generated from operations of two subsea Submerged Turret thruster actions. The LNGRV would was also published in the Federal Loading (STL) buoys, each with a require the use of thrusters for dynamic Register for the proposed IHA for flexible riser assembly and a manifold positioning during docking procedure. Northeast Gateway’s LNG Port connecting the riser assembly, via a Typically, the docking procedure is construction and operations on March steel flowline, to the subsea Pipeline completed over a 10- to 30–minute 13, 2007 (72 FR 11328). Lateral. Northeast Gateway utilizes period, with the thrusters activated as vessels from its current fleet of specially necessary for short periods of time in Algonquin Pipeline Lateral Operation designed Liquefied Natural Gas second bursts, not a continuous sound and Maintenance (O&M) Regasification Vessels (LNGRVs), each source. Once connected to the buoy, the The O&M activities associated with capable of transporting approximately LNGRV will begin vaporizing the LNG the Algonquin Pipeline Lateral can be 2.9 billion ft3 (82 million m3) of natural into its natural gas state using the subdivided into two categories, Routine gas condensed to 4.9 million feet3 onboard regasification system. As the O&M Activities and Unplanned Repair (138,000 m3) of LNG. Northeast Gateway LNG is regasified, natural gas will be Work. would also be adding vessels to its fleet transferred at pipeline pressures off the that will have a cargo capacity of LNGRV through the STL buoy and A. Routine O&M Activities approximately 151,000 cubic m3. The flexible riser via a steel flowline leading The planned activities required for mooring system installed at the to the connecting Pipeline Lateral. the O&M of the Algonquin Pipeline Northeast Gateway Port is designed to When the LNG vessel is on the buoy, Lateral and Flowlines over a one year handle both the existing vessels and any wind and current effects on the vessel period are limited. Similar to the of the larger capacity vessels that may would be allowed to ‘‘weathervane’’ on inspection of the NEG Port underwater come into service in the future. The the single-point mooring system; components, the only planned O&M

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9803

activity is the annual inspection of the be on-site for a shorter work duration. document is available at: http:// cathodic protection monitors by a ROV. These vessels would be supported from www.nefsc.noaa.gov/nefsc/publications/ The monitors are located at the ends of an onshore base located between tm/tm201/. An updated summary on the Algonquin Pipeline Lateral and the Quincy, Massachusetts and Gloucester, several commonly sighted marine adjacent Flowlines. Each inspection Massachusetts. mammal species distribution and activity will take approximately three The selection of a dive vessel will be abundance in the vicinity of the days and will utilize a ROV launched driven by the technical requirements of proposed action area is provided below. from a vessel of opportunity. The most the work. In addition, the degree of Humpback Whale likely vessel will be similar to the NEG urgency required to address the work Port’s normal support vessel referenced and the availability of vessels will also The highest abundance for humpback in NEG Port Maintenance section. This enter into the decision process for whales is distributed primarily along a vessel is self-positioning and requires securing a dive vessel. It may be that a relatively narrow corridor following the no anchors or use of thrusters. It will four point moored dive vessel is either 100–m (328 ft) isobath across the mobilize from Salem, Massachusetts, not available or doesn’t meet the southern Gulf of Maine from the and will inspect the monitors in the technical capabilities required by the northwestern slope of Georges Bank, vicinity of the NEG Port and at the point work. It then becomes possible that a south to the Great South Channel, and where the Algonquin Pipeline Lateral dynamically positioned (DP) dive vessel northward alongside Cape Cod to interconnects with Algonquin’s may have to be utilized. The use of a DP Stellwagen Bank and Jeffreys Ledge. The HubLine. These activities will be dive vessel removes the need for an relative abundance of whales increases performed during daylight hours and attendant tug to support the vessel since in the spring with the highest during periods of good weather. no anchors will be deployed. However, occurrence along the slope waters (between the 40- and 140–m, or 131- B. Unplanned Pipeline Repair Activities potential impacts related to noise are increased when a DP dive vessel is and 459–ft, isobaths) off Cape Cod and Unplanned O&M activities may be used. The noise generated by a DP dive Davis Bank, Stellwagen Basin and required from time to time at a location vessel varies, and results from the use Tillies Basin and between the 50- and along the Algonquin Pipeline Lateral or of the thrusters at various levels to 200–m (164- and 656–ft) isobaths along along one of the Flowlines should the maintain the vessel’s position during the inner slope of Georges Bank. High line become damaged or malfunction. the work depending upon currents, abundance is also estimated for the Should repair work be required, it is winds, waves and other forces acting on waters around Platts Bank. In the likely a dive vessel would be the main the vessel at the time of the work. summer months, abundance increases vessel used to support the repair work. markedly over the shallow waters (<50 The type of diving spread and the Description of Marine Mammals in the m, or <164 ft) of Stellwagen Bank, the corresponding vessel needed to support Area of the Specified Activities waters (100 - 200 m, or 328 - 656 ft) the spread would be dictated by the Marine mammal species that between Platts Bank and Jeffreys Ledge, type of repair work required and the potentially occur in the vicinity of the the steep slopes (between the 30- and water depth at the work location. In Northeast Gateway facility include 160–m isobaths) of Phelps and Davis addition, the type of vessel used may several species of cetaceans and Bank north of the Great South Channel vary depending upon availability. The pinnipeds: towards Cape Cod, and between the 50- duration of an unplanned activity North Atlantic right whale (Eubalaena and 100–m (164- and 328–ft) isobath for would also vary depending upon the glacialis), almost the entire length of the steeply repair work involved (e.g., repairing or humpback whale (Megaptera sloping northern edge of Georges Bank. replacing a section of the pipeline, novaeangliae), This general distribution pattern connection, or valve) but can generally fin whale (Balaenoptera physalus), persists in all seasons except winter, be assumed to take less than 40 work minke whale (B. acutorostrata), when humpbacks remain at high days to complete based on industry long-finned pilot whale (Globicephala abundance in only a few locations experience with underwater pipeline melas), including Porpoise and Neddick Basins repairs. Atlantic white-sided dolphin adjacent to Jeffreys Ledge, northern A diving spread required to execute (Lagenorhynchus acutus), Stellwagen Bank and Tillies Basin, and an unplanned activity might necessitate bottlenose dolphin (Tursiops the Great South Channel. several vessels. Most likely the dive truncatus), Fin Whale vessel would support a saturation common dolphin (Delphinus delphis), diving spread and be moored at the killer whale (Orcinus orca), Spatial patterns of habitat utilization work location using four anchors. This harbor porpoise (Phocoena by fin whales are very similar to those vessel would likely be accompanied by phocoena), of humpback whales. Spring and an attendant tug to assist with anchor harbor seal (Phoca vitulina), and summer high-use areas follow the 100– placement. Once secured at the work gray seal (Halichoerus grypus). m (328 ft) isobath along the northern location, the dive vessel would remain Information on those species that may edge of Georges Bank (between the 50- on site through the completion of the be affected by this activity are discussed and 200–m (164- and 656–ft) isobaths), work, weather permitting. A crew/ in detail in the USCG Final EIS on the and northward from the Great South supply boat would be utilized to Northeast Gateway LNG proposal. Channel (between the 50- and 160–m, or intermittently provide labor and supply Please refer to that document for more 164- and 525–ft, isobaths). Waters transfers. Once or twice during the information on these species and around Cashes Ledge, Platts Bank, and work, a tug may be required to bring a potential impacts from construction and Jeffreys Ledge are all high-use areas in material barge to and from the location. operation of this LNG facility. In the summer months. Stellwagen Bank is While unlikely, there is a small addition, general information on these a high-use area for fin whales in all possibility that a second dive vessel marine mammal species can also be seasons, with highest abundance would be required to support the main found in Wursig et al. (2000) and in the occurring over the southern Stellwagen dive vessel, depending upon the work NMFS Stock Assessment Reports Bank in the summer months. In fact, the activity. The second dive vessel would (Waring et al., 2007). This latter southern portion of the Stellwagen Bank

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES 9804 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices

National Marine Sanctuary (SBNMS) is infrequently in the Gulf of Maine, with the 50- and 200–m (164- and 656–ft) used more frequently than the northern highest densities over Jeffreys Ledge and isobaths and northward from the Great portion in all months except winter, over deeper waters near Cashes Ledge South Channel along the slopes of Davis when high abundance is recorded over and Wilkinson Basin. In winter, Cape Bank and Cape Cod. High sightings are the northern tip of Stellwagen Bank. In Cod Bay, Scantum Basin, Jeffreys Ledge, also recorded over Truxton Swell, addition to Stellwagen Bank, high and Cashes Ledge were the main high- Wilkinson Basin, Cashes Ledge and the abundance in winter is estimated for use areas. Although SBNMS does not bathymetrically complex area northeast Jeffreys Ledge and the adjacent Porpoise appear to support the highest of Platts Bank. High sightings of white- Basin (100- to 160–m, 328- to 656–ft, abundance of right whales, sightings sided dolphin are recorded within isobaths), as well as Georges Basin and within SBNMS are reported for all four SBNMS in all seasons, with highest northern Georges Bank. seasons, albeit at low relative density in summer and most abundance. Highest sighting within Minke Whale widespread distributions in spring SBNMS occured along the southern locate mainly over the southern end of Like other piscivorous baleen whales, edge of the Bank. Stellwagen Bank. In winter, high highest abundance for minke whale is Long-finned Pilot Whale sightings are recorded at the northern strongly associated with regions tip of Stellwagen Bank and Tillies between the 50- and 100–m (164- and The long-finned pilot whale is more Basin. 328–ft) isobaths, but with a slightly generally found along the edge of the A comparison of spatial distribution stronger preference for the shallower continental shelf (a depth of 330 to patterns for all baleen whales waters along the slopes of Davis Bank, 3,300 ft, or 100 to 1,000 m), choosing (Mysticeti) and all porpoises and Phelps Bank, Great South Channel and areas of high relief or submerged banks dolphins combined show that both Georges Shoals on Georges Bank. Minke in cold or temperate shoreline waters. groups have very similar spatial patterns whales are sighted in the SBNMS in all This species is split between two of high- and low-use areas. The baleen seasons, with highest abundance subspecies: the Northern and Southern whales, whether piscivorous or estimated for the shallow waters subspecies. The Southern subspecies is (approximately 40 m, or 131 ft) over circumpolar with northern limits of planktivorous, are more concentrated southern Stellwagen Bank in the Brazil and South Africa. The Northern than the dolphins and porpoises. They summer and fall months. Platts Bank, subspecies, which could be encountered utilize a corridor that extended broadly Cashes Ledge, Jeffreys Ledge, and the during operation of the NEG Port, ranges along the most linear and steeply adjacent basins (Neddick, Porpoise and from North Carolina to Greenland sloping edges in the southern Gulf of Scantium) also support high relative (Reeves et al., 2002; Wilson and Ruff, Maine indicated broadly by the 100 m abundance. Very low densities of minke 1999). In the western North Atlantic, (328 ft) isobath. Stellwagen Bank and whales remain throughout most of the long-finned pilot whales are pelagic, Jeffreys Ledge support a high abundance southern Gulf of Maine in winter. occurring in especially high densities in of baleen whales throughout the year. winter and spring over the continental Species richness maps indicate that North Atlantic Right Whale slope, then moving inshore and onto the high-use areas for individual whales North Atlantic right whales are shelf in summer and autumn following and dolphin species co-occurr, resulting generally distributed widely across the squid and mackerel populations (Reeves in similar patterns of species richness southern Gulf of Maine in spring with et al., 2002). They frequently travel into primarily along the southern portion of highest abundance locate over the the central and northern Georges Bank, the 100–m (328–ft) isobath extending deeper waters (100- to 160–m, or 328- to Great South Channel, and Gulf of Maine northeast and northwest from the Great 525–ft, isobaths) on the northern edge of areas during the summer and early fall South Channel. The southern edge of the Great South Channel and deep (May and October) (NOAA, 1993). Stellwagen Bank and the waters around waters (100 300 m, 328 - 984 ft) parallel According to the species stock report, the northern tip of Cape Cod are also to the 100–m (328–ft) isobath of the population estimate for the Gulf of highlighted as supporting high cetacean northern Georges Bank and Georges Maine/Bay of Fundy long-finned pilot species richness. Intermediate to high Basin. High abundance is also found in whale is 14,524 individuals (Waring et numbers of species are also calculated the shallowest waters (<30 m, or <98 ft) al., 2004). for the waters surrounding Jeffreys of Cape Cod Bay, over Platts Bank and Ledge, the entire Stellwagen Bank, around Cashes Ledge. Lower relative Atlantic White-Sided Dolphin Platts Bank, Fippennies Ledge and abundance is estimated over deep-water In spring, summer and fall, Atlantic Cashes Ledge. basins including Wilkinson Basin, white-sided dolphins are widespread Killer Whale, Common Dolphin, Rodgers Basin and Franklin Basin. In throughout the southern Gulf of Maine, Bottlenose Dolphin, and Harbor the summer months, right whales move with the high-use areas widely located Porpoise almost entirely away from the coast to either side of the 100–m (328–ft) isobath deep waters over basins in the central along the northern edge of Georges Although these four species are some Gulf of Maine (Wilkinson Basin, Cashes Bank, and north from the Great South of the most widely distributed small Basin between the 160- and 200–m, or Channel to Stellwagen Bank, Jeffreys cetacean species in the world (Jefferson 525- and 656–ft, isobaths) and north of Ledge, Platts Bank and Cashes Ledge. In et al., 1993), they are not commonly Georges Bank (Rogers, Crowell and spring, high-use areas exist in the Great seen in the vicinity of the proposed Georges Basins). Highest abundance is South Channel, northern Georges Bank, project area in Massachusetts Bay found north of the 100–m (328–ft) the steeply sloping edge of Davis Bank (Wiley et al., 1994; NCCOS, 2006; isobath at the Great South Channel and and Cape Cod, southern Stellwagen Northeast Gateway Marine Mammal over the deep slope waters and basins Bank and the waters between Jeffreys Monitoring Weekly Reports, 2007). along the northern edge of Georges Ledge and Platts Bank. In summer, there Harbor Seal and Gray Seal Bank. The waters between Fippennies is a shift and expansion of habitat Ledge and Cashes Ledge are also toward the east and northeast. High-use In the U.S. waters of the western estimated as high-use areas. In the fall areas are identified along most of the North Atlantic, both harbor and gray months, right whales are sighted northern edge of Georges Bank between seals are usually found from the coast of

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9805

Maine south to southern New England breeding or some other biologically Energy, L.L.C. (Excelerate) conducted and New York (Warrings et al., 2007). important purpose even though there is field sound survey studies during Along the southern New England and chronic exposure to noise, it is possible periods of March 21 to 25, 2005 and New York coasts, harbor seals occur that there could be noise-induced August 6 to 9, 2006 while the LNGRV seasonally from September through late physiological stress; this might in turn Excelsior was both maneuvering and May (Schneider and Payne, 1983). In have negative effects on the well-being moored at the operational Gulf Gateway recent years, their seasonal interval or reproduction of the animals involved; Port located 116 mi (187 km) offshore in along the southern New England to New and (7) Very strong sounds have the the Gulf of Mexico (the Gulf) (see Jersey coasts has increased (deHart, potential to cause temporary or Appendices B and C of the NEG and 2002). In U.S. waters, harbor seal permanent reduction in hearing Algonquin application). LNGRV breeding and pupping normally occur in sensitivity. In terrestrial mammals, and maneuvering conditions included the waters north of the New Hampshire/ presumably marine mammals, received use of both stern and bow thrusters Maine border, although breeding has sound levels must far exceed the required for dynamic positioning during occurred as far south as Cape Cod in the animal’s hearing threshold for there to coupling. These data were used to early part of the 20th century (Temte et be any temporary threshold shift (TTS) model underwater sound propagation at al., 1991; Katona et al., 1993). in its hearing ability. For transient the NEG Port. The pertinent results of Although gray seals are often seen off sounds, the sound level necessary to the field survey are provided as the coast from New England to cause TTS is inversely related to the underwater sound source pressure Labrador, within the U.S. waters, only duration of the sound. Received sound levels as follows: small numbers of gray seals have been levels must be even higher for there to • Sound levels during closed-loop observed pupping on several isolated be risk of permanent hearing regasification ranged from 104 to 110 islands along the Maine coast and in impairment. In addition, intense decibel linear (dBL). Maximum levels Nantucket-Vineyard Sound, acoustic (or explosive events) may cause during steady state operations were 108 Massachusetts (Katona et al., 1993; trauma to tissues associated with organs dBL. Rough, 1995). In the late 1990s, a year- vital for hearing, sound production, • Sound levels during coupling round breeding population of respiration and other functions. This operations were dominated by the approximately over 400 gray seals was trauma may include minor to severe periodic use of the bow and stern documented on outer Cape Cod and hemorrhage. thrusters and ranged from 160 to 170 Muskeget Island (Warring et al., 2007). There are three general categories of dBL. sounds recognized by NMFS: Potential Effects of Noise on Marine Figures 1–1 and 1–2 of the NEG and Mammals continuous (such as shipping sounds), intermittent (such as vibratory pile Algonquin’s revised MMPA permit The effects of noise on marine driving sounds), and impulse. No application present the net acoustic mammals are highly variable, and can impulse noise activities, such as impact of one LNGRV operating at the be categorized as follows (based on blasting or standard pile driving, are NEG Port. Thrusters are operated Richardson et al., 1995): (1) The noise associated with this project. The noise intermittently and only for relatively may be too weak to be heard at the sources of potential concern are short durations of time. The resulting location of the animal (i.e., lower than regasification/offloading (which is a area within the 120 dB isopleth is less the prevailing ambient noise level, the continuous sound) and dynamic than 1 km2 with the linear distance to hearing threshold of the animal at positioning of vessels using thrusters the isopleths extending 430 m (1,411 ft). relevant frequencies, or both); (2) The (an intermittent sound) from LNGRVs The area within the 180 dB isopleth is noise may be audible but not strong during docking at the NEG port facility very localized and will not extend enough to elicit any overt behavioral and from repair vessels during beyond the immediate area where response; (3) The noise may elicit Algonquin Pipeline Lateral repair and LNGRV coupling operations are reactions of variable conspicuousness maintenance for diving support. Based occurring. and variable relevance to the well being on research by Malme et al. (1983; The potential impacts to marine of the marine mammal; these can range 1984), for both continuous and mammals associated with sound from temporary alert responses to active intermittent sound sources, Level B propagation from vessel movements, avoidance reactions such as vacating an harassment is presumed to begin at anchors, chains and LNG regasification/ area at least until the noise event ceases; received levels of 120–dB. The detailed offloading could be the temporary and (4) Upon repeated exposure, a marine description of the noise that would short-term displacement of seals and mammal may exhibit diminishing result from the proposed LNG Port whales from within the 120–dB zones responsiveness (habituation), or operations and Pipeline Lateral O&M ensonified by these noise sources. disturbance effects may persist; the activities is provided in the Federal Animals would be expected to re- latter is most likely with sounds that are Register for the initial construction and occupy the area once the noise ceases. highly variable in characteristics, operations of the NEG LNG Port facility Unplanned Pipeline Lateral Repair infrequent and unpredictable in and Pipeline Lateral in 2007 (72 FR Activities occurrence, and associated with 27077; May 14, 2007). situations that a marine mammal As discussed previously, pipeline perceives as a threat; (5) Any NEG Port Activities repairs may be required from time to anthropogenic noise that is strong Underwater noise generated at the time should the pipeline become enough to be heard has the potential to NEG Port has the potential to result damaged or malfunction. While the reduce (mask) the ability of a marine from two distinct actions, including need for repairs to underwater pipelines mammal to hear natural sounds at closed-loop regasification of LNG and/or is typically infrequent, in the event that similar frequencies, including calls from LNGRV maneuvering during coupling a pipeline repair is required, it is most conspecifics, and underwater and decoupling with STL buoys. To likely that anchor-moored vessels will environmental sounds such as surf evaluate the potential for these activities be used. If so, underwater noise will not noise; (6) If mammals remain in an area to result in underwater noise that could be generated at the level of concern for because it is important for feeding, harass marine mammals, Excelerate marine mammals.

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES 9806 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices

However, there is the potential that of DP vessels did exceed the 120 dBL corrected to account for 50 percent more underwater noise will be generated Level B behavioral harassment marine mammals that may be within the 120 dB threshold for level B threshold for this sound bype, underwater, and then multiplying by harassment for marine mammals if DP principally at low and mid-range the estimated LNG container ship visits vessels are used to perform the work. frequencies. per year. For the Algonquin Pipeline Given the limited availability of DP dive It is important to note, however, that Lateral O&M activities, the take support vessels, it is most likely that an even though measurements showed estimates are determined by multiplying anchor-moored dive vessel will be used, construction activities periodically the area of ZOI (34 km2 ) resulting from though the possibility that a DP vessel resulted in the exceedances of the Level the DP vessel used in repair by local would be used cannot be ruled out. B behavioral harassment threshold, such marine mammal density estimates, Depending on the nature of the repair, received sound pressure levels may not corrected to account for 50 percent more the work could last for up to 40 work in every instance be perceptible to marine mammals that may be days. The possibility that a DP vessel marine life, as hearing thresholds are underwater, and then multiplying by would be used to perform a pipeline largely frequency-dependent and vary the number of dates O&M activities are repair is the only instance in which considerably from species to species. In conducted per year. In the case of data underwater noise will be generated addition, though ambient noise in gaps, a conservative approach was used within the 120 dB threshold for level B shallow waters such as the Gulf of to ensure the potential number of takes harassment in connection with Maine tends to be highly variable in is not underestimated, as described Algonquin’s ownership or operation of both time and location, existing elevated next. the Algonquin Pipeline Lateral. ambient conditions inherent within the NMFS recognizes that baleen whale In general, DP vessels are fitted with Massachusetts Bay environment may species other than North Atlantic right six thrusters of three main types: main effectively mask noise generated by whales have been sighted in the project propellers, tunnel thrusters and azimuth future offshore repair work at short to area from May to November. However, thrusters. Two or three tunnel thrusters moderate distances from where the the occurrence and abundance of fin, are usually fitted in the bow. Stern work is occurring. This is particularly humpback, and minke whales is not tunnel thrusters are also common, true during elevated wind and seastate well documented within the project operating together but controlled conditions when the use of thrusters is area. Nonetheless, NMFS uses the data individually, as are azimuth or compass more predominant. At the same time, on cetacean distribution within thrusters placed in the rear. Azimuth the ambient underwater noise intensity Massachusetts Bay, such as those thrusters are located beneath the bottom levels will be higher during these published by the National Centers for of the vessel and can be rotated to periods as well. Coastal Ocean Science (NCCOS, 2006), provide thrust in any direction. During to estimate potential takes of marine Estimates of Take by Harassment vessel operation, the thrusters engage in mammals species in the vicinity of varying numbers and at varying Although Northeast Gateway stated project area. intensity levels, as needed to control that the ensonified area of 120–dB The NCCOS study used cetacean and maintain vessel location based on isopleths by LNGRV’s decoupling sightings from two sources: (1) the sea and weather conditions. While at would be less than 1 km2 as measured North Atlantic Right Whale Consortium least one thruster is always engaged in in the Gulf of Mexico in 2005, due to the (NARWC) sightings database held at the at least partial capacity, higher noise lack of more recent sound source University of Rhode Island (Kenney, levels are generated periodically when verification and the lack of source 2001); and (2) the Manomet Bird greater numbers of thrusters need to measurement in Massachusetts Bay, Observatory (MBO) database, held at engage, and when thrusters are at closer NMFS uses a more conservative NMFS Northeast Fisheries Science to their full capacity. Thruster spreading model to calculate the 120 dB Center (NEFSC). The NARWC data underwater noise levels are principally isopleth received sound level. This contained survey efforts and sightings caused by cavitation, which is a model was also used to establish 120– data from ship and aerial surveys and combination of broadband noise and dB zone of influence (ZOI) for the opportunistic sources between 1970 and tonal sounds at discrete frequencies. previous IHAs issued to Northeast 2005. The main data contributors In August 2007, during construction Gateway. In the vicinity of the LNG included: Cetacean and Turtles of the NEG Port and Algonquin Pipeline Port, where the water depth is about 80 Assessment Program (CETAP), Canadian Lateral, Northeast Gateway collected m (262 ft), the 120–dB radius is Department of Fisheries and Oceans, sound measurements of vessels used to estimated to be 2.56 km (1.6 mi) PCCS, International Fund for Animal support construction including crew maximum from the sound source during Welfare, NOAA’s NEFSC, New England boats, support tugs, and diver support dynamic positioning for the container Aquarium, Woods Hole Oceanographic vessels which required the steady use of ship, making a maximum ZOI of 21 km2 Institution, and the University of Rhode thrusters as well as unassociated boat (8.1 mi2). For shallow water depth (40 Island. A total of 653,725 km (406,293 movements routinely occurring outside m or 131 ft) representative of the mi) of survey track and 34,589 cetacean the immediate construction zone. These northern segment of the Algonquin observations were provisionally selected vessels are similar to those which may Pipeline Lateral, the 120–dB radius is for the NCCOS study in order to be employed during pipeline repair. estimated to be 3.31 km (2.06 mi), the minimize bias from uneven allocation of Based upon the measurement data associated ZOI is 34 km2 (13.1 mi2). survey effort in both time and space. collected, results showed no exceedance The basis for Northeast Gateway and The sightings-per-unit-effort (SPUE) was of the 180 dBL level for potential Level Algonquin’s ‘‘take’’ estimate is the calculated for all cetacean species by B harassment that could cause TTS number of marine mammals that would month covering the southern Gulf of during any of the monitoring periods in be exposed to sound levels in excess of Maine study area, which also includes the acoustic far field ranging from 605 120 dB. For the NEG port facility the project area (NCCOS, 2006). to 1,050 m (1,985 to 3,445 ft) (see Figure operations, the take estimates are The MBO’s Cetacean and Seabird 1–3 of the NEG and Algonquin MMPA determined by multiplying the area of Assessment Program (CSAP) was permit application). However, the LNGRV’s ZOI (21 km2) by local contracted from 1980 to 1988 by NMFS construction activities involving the use marine mammal density estimates, NEFSC to provide an assessment of the

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9807

relative abundance and distribution of white-sided dolphins by the NEG Port project. From the most conservative cetaceans, seabirds, and marine turtles facility operations, which is an average estimates of both marine mammal in the shelf waters of the northeastern of 65 visits by LNG container ships to densities in the project area and the size United States (MBO, 1987). The CSAP the project area per year (or of the 120–dB zone of (noise) influence, program was designed to be completely approximately 1.25 visits per week), the calculated number of individual compatible with NMFS NEFSC operating the vessels’ thrusters for marine mammals for each species that databases so that marine mammal data dynamic positioning before offloading could potentially be harassed annually could be compared directly with natural gas, corrected for 50 percent is small relative to the overall fisheries data throughout the time series underwater, are 21, 25, 68, 15, 104, and population size. during which both types of information 336, respectively. were gathered. A total of 5,210 km The estimated take number per year Potential Impact on Habitat (8,383 mi) of survey distance and 636 for North Atlantic right, fin, humpback, cetacean observations from the MBO minke, and pilot whales, and Atlantic Operation of the NEG Port and data were included in the NCCOS white-side dolphin by the Algonquin Algonquin Pipeline Lateral will result in analysis. Combined valid survey effort Pipeline Lateral O&M activities, based long-term effects on the marine for the NCCOS studies included 567,955 on a maximum of 40 days by the environment, including alteration of km (913,840 mi) of survey track for operation of DP vessels for diver seafloor conditions, continued small cetaceans (dolphins and support, corrected for 50 percent disturbance of the seafloor, regular porpoises) and 658,935 km (1,060,226 underwater, are 21, 25, 68, 15, 104, and withdrawal of sea water, and regular mi) for large cetaceans (whales) in the 335, respectively. generation of underwater noise. A small southern Gulf of Maine. The NCCOS The total estimated take numbers of area (0.14 acre) along the Pipeline study then combined these two data sets these species per year are: 42 North Lateral will be permanently altered by extracting cetacean sighting records, Atlantic right, 50 fin, 136 humpback, 30 (armored) at two cable crossings. In updating database field names to match minke, 208 pilot whales, and 671 addition, the structures associated with the NARWC database, creating geometry Atlantic white-sided dolphins. These the Port will occupy 4.8 acres of to represent survey tracklines and numbers represent maximum of 12.9, seafloor. An additional area of the applying a set of data selection criteria 2.2, 15.0, 0.9, 0.7, and 1.1 percent of the seafloor of up to 38 acres will be subject designed to minimize uncertainty and populations for these species, to disturbance due to chain sweep while bias in the data used. respectively. Since it is very likely that the buoys are occupied. The benthic Owing to the comprehensiveness and individual animals could be ‘‘taken’’ by community in the up-to 38 acres of soft total coverage of the NCCOS cetacean harassment multiple times, these bottom that may be swept by the anchor distribution and abundance study, percentages are the upper boundary of chains while EBRVs are docked will NMFS calculated the estimated take the animal population that could be have limited opportunity to recover, so affected. Therefore, the actual number of number of marine mammals based on this area will experience a long-term individual animals being exposed or the most recent NCCOS report reduction in benthic productivity. published in December 2006. A taken would be far less. There is no summary of seasonal cetacean danger of injury, death, or hearing Each LNGRV will require the distribution and abundance in the impairment from the exposure to these withdrawal of an average of 4.97 million project area is provided above, in the noise levels. gallons per day of sea water for general Marine Mammals Affected by the In addition, bottlenose dolphins, ship operations during its 8–day stay at Activity section. For a detailed common dolphins, killer whales, harbor the Port. Plankton associated with the description and calculation of the porpoises, harbor seals, and gray seals sea water will not likely survive this cetacean abundance data and sighting could also be taken by Level B activity. Based on densities of plankton per unit effort (SPUE), please refer to the harassment as a result of deepwater in Massachusetts Bay, it is estimated NCCOS study (NCCOS, 2006). These LNG port operations and Pipeline that sea water use during operations data show that the relative abundance of Lateral O&M activities. The numbers of will consume, on a daily basis, about North Atlantic right, fin, humpback, estimated take of these species are not three 200 x 1,010 phytoplankton cells minke, and pilot whales, and Atlantic available because they are rare in the (about several hundred grams of white-sided dolphins for all seasons, as project area. The population estimates biomass), 6.5 x 108 zooplankters calculated by SPUE in number of of these marine mammal species and (equivalent to about 1.2 kg of copepods), animals per square kilometer, is 0.0082, stock in the west North Atlantic basin and on the order of 30,000 fish eggs and 0.0097, 0.0265, 0.0059, 0.0407, and are 81,588; 120,743; 89,700; 99,340; and 5,000 fish larvae. Also, the daily 0.1314 n/km, respectively. 195,000 for bottlenose dolphins, removal of sea water will reduce the In calculating the area density of these common dolphins, harbor porpoises, food resources available for species from these linear density data, harbor seals, and gray seals, respectively planktivorous organisms. However, the (Waring et al., 2007). No population NMFS used 0.4 km (0.25 mi), which is removal of these species is minor estimate is available for the North a quarter the distance of the radius for relative to the overall area they occupy Atlantic stock of killer whales, however, visual monitoring (see Proposed and unlikely to measurably affect the Monitoring, Mitigation, and Reporting their occurrence within the proposed project area is rare. Since the food sources available to marine section below), as a conservative mammals. hypothetical strip width (W). Thus the Massachusetts Bay represents only a area density (D) of these species in the small fraction of the west North Atlantic Proposed Monitoring and Mitigation project area can be obtained by the basin where these animals occur, and Measures following formula: these animals do not congregate in the D = SPUE/2W. vicinity of the project area, NMFS For the proposed NEG LNG port Based on this calculation method, the believes that only relatively small operations and Algonquin Pipeline estimated take numbers per year for numbers of these marine mammal Lateral O&M activities, NMFS proposes North Atlantic right, fin, humpback, species would be potentially affected by the following monitoring and mitigation minke, and pilot whales, and Atlantic the Northeast Gateway LNG deepwater measures.

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES 9808 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices

Marine Mammal Observers using inclinometers. Position data will to be 139 dB re 1 microPa. Vessels For activities related to the NEG LNG be recorded using hand-held or vessel transiting the repair area will also be port operations, all individuals onboard global positioning system (GPS) units required to maintain these separation the LNGRVs responsible for the for each sighting, vessel position distances. navigation and lookout duties on the change, and any environmental change. (3) Repair work may resume after the Environmental data to be collected vessel must receive training prior to marine mammal is positively will include Beaufort sea state, wind assuming navigation and lookout duties, reconfirmed outside the established speed, wind direction, ambient a component of which will be training zones (either 500 yd (457 m) or 100 yd temperature, precipitation, glare, and on marine mammal sighting/reporting (91 m), depending upon species). percent cloud cover. Wind and and vessel strike avoidance measures. temperature data will be extracted from Vessel Strike Avoidance Crew training of LNGRV personnel will onboard meteorological stations (when (1) All LNGRVs approaching or stress individual responsibility for available). Animal data to be collected marine mammal awareness and departing the port will comply with the includes number, species, position, Mandatory Ship Reporting (MSR) reporting. distance, behavior, direction of If a marine mammal is sighted by a system to keep apprised of right whale movement, and apparent reaction to sightings in the vicinity. Vessel crew member, an immediate notification construction activity. All data will be will be made to the Person-in-Charge on operators will also receive active entered at the time of observation. Notes detections from an existing passive board the vessel and the Northeast Port of activities will be kept and a daily Manager, who will ensure that the acoustic array prior to and during transit report will be prepared and attached to through the northern leg of the Boston required vessel strike avoidance the daily field form. measures and reporting procedures are TSS where the buoys are installed. followed. Distance and Noise Level for Cut-Off (2) In response to active right whale sightings (detected acoustically or For activities related to the Algonquin For all whales near DP vessels, the reported through other means such as Pipeline Lateral O&M, two qualified MMO observation will be the principal the MSR or Sighting Advisory System Maine Mammal Observers (MMOs) will detection tool available. If a North (SAS)), and taking into account safety be assigned to each DP vessel (each Atlantic right whale or other marine and weather conditions, LNGRVs will operating individually in designated mammal is seen within the 2 mi (3.31 shifts to accommodate adequate rest km) ZOI of a DP vessel or other take appropriate actions to minimize the schedules). Their exclusive construction vessel that has been shown risk of striking whales, including responsibility is to watch for marine to emit noises in excess of 120 dB re 1 reducing speed to 10 knots or less and mammals and to alert the construction microPa, then the MMO will alert the alerting personnel responsible for crew supervisor if marine mammals are construction crew to minimize the use navigation and lookout duties to visually detected within the most of thrusters until the animal has moved concentrate their efforts. conservatively estimated ZOI, within 2 away unless there are divers in the (3) LNGRVs will maintain speeds of mi (3.31 km) of the DP vessel, to allow water or an ROV is deployed. 12 knots or less while in the TSS until for mitigating responses. MMOs will During Algonquin Pipeline Lateral reaching the vicinity of the buoys maintain logs at all times while on O&M, the following procedures would (except during the seasons and areas watch. All personnel will have be followed upon detection of a marine defined below, when speed will be experience in marine mammal detection mammal within 0.5 mi (0.8 km) of the limited to 10 knots or less). At 1.86 mi and observation during marine repair vessels: (3 km) from the NEG port, speed will be construction. MMOs will maintain in (1) The vessel superintendent or on- reduced to 3 knots, and to less than 1 situ records while on watch and deck supervisor will be notified knot at 1,640 ft (500 m) from the buoy. therefore visual observation will not be immediately. The vessel’s crew will be (4) LNGRVs will reduce transit speed affected. Additional MMOs may be put on a heightened state of alert. The to 10 knots or less over ground from assigned to additional vessels if auto- marine mammal will be monitored March 1 - April 30 in all waters detection buoy (AB) data shows sound constantly to determine if it is moving bounded by straight lines connecting levels from additional vessels in excess toward the Pipeline Lateral repair area. the following points in the order stated of 120 dB re 1 microPa, further than 100 The observer is required to report all below. This area is known as the Off m (328 ft) from the vessel. North Atlantic right whale sightings to Race Point Seasonal Management Area Each MMO will scan the area NMFS, as soon as possible. (SMA) and tracks NMFS regulations at surrounding the construction vessel s (2) If a marine mammal other than a 50 CFR 224.105: for visual signs of non-vocalizing right whale is sighted within or 42°30’00.0’’ N –069° 45’00.0’’ W; whales that may enter the construction approaching at a distance of 100 yd (91 thence to 42° 30’00.0’’ N 070 30’00.0″ area. Observations will take place from m), or if a right whale is sighted within W; thence to 42° 12’00.0″ N–070° the highest available vantage point on or approaching to a distance of 500 yd 30’00.0″ W; thence to 42° 12’00.0″ N– the vessels. General 360 scanning will (457 m) from the operating construction 070° 12’00.0″ W; thence to 42° 04’56.5″ occur during the monitoring periods, vessel and the nature of the repair N–070 ° 12’00.0″ W; thence along and target scanning by the observer will activity at the time would not charted mean high water line and occur when alerted of a whale presence. compromise either the health and safety inshore limits of COLREGS limit to a Searching will take place at all hours of divers on the bottom or the integrity latitude of 41° 40’00.0″ N; thence due of the day. Night-time observations will of the pipeline, construction vessel(s) east to 41° 41’00.0″ N–069° 45’00.0’’ W; be conducted with the aid of a night- will cease any movement and cease all thence back to starting point. vision scope where practical. Observers, activities that emit sounds reaching a (5) LNGRVs will reduce transit speed using binoculars, will estimate distances received level of 120 dB re 1 microPa or to 10 knots or less over ground from to marine mammals either visually or by higher as soon as practicable. The back- April 1 - July 31 in all waters bounded using reticled binoculars. If higher calculated source level, based on the by straight lines connecting the vantage points (>25 ft or 7.6 m) are most conservative cylindrical model of following points in the order stated available, distances can be measured acoustic energy spreading, is estimated below. This area is also known as the

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices 9809

Great South Channel SMA and tracks ‘‘budget’’ of Massachusetts Bay so as to all phases of the Northeast Gateway NMFS regulations at 50 CFR 224.105: eventually assist in determining LNG Port operations and the Algonquin 42°30’00.0″ N 69°45’00.0″ W whether an overall increase in noise in Pipeline Lateral O&M activities, 41°40’00.0″ N 69°45’00.0″ W the Bay associated with the NEG Port sightings of any injured or dead marine 41°00’00.0″ N 69°05’00.0Prime; W and Algonquin Pipeline Lateral might mammals will be reported immediately ° ″ ° ″ 42 09’00.0 N 67 08’24.0 W be having a potentially negative impact to the USCG or NMFS, regardless of 42°30’00.0″ N 67°27’00.0″ W ° ″ ° ″ on marine mammals. The overall intent whether the injury or death is caused by 42 30’00.0 N 69 45’00.0 W of this system is to provide better project activities. (6) LNGRVs are not expected to transit information for both regulators and the An annual report on marine mammal Cape Cod Bay. However, in the event general public regarding the acoustic monitoring and mitigation would be transit through Cape Cod Bay is footprint associated with long-term submitted to NMFS Office of Protected required, LNGRVs will reduce transit operation of the NEG Port and Resources and NMFS Northeast speed to 10 knots or less over ground Algonquin Pipeline Lateral in Regional Office within 90 days after the from January 1 - May 15 in all waters Massachusetts Bay, and the distribution expiration of an LOA. The annual report in Cape Cod Bay, extending to all of vocalizing marine mammals during shall include data collected for each shorelines of Cape Cod Bay, with a ° ″ NEG Port and Algonquin Pipeline distinct marine mammal species northern boundary of 42 12’00.0 N Lateral O&M activities (analyzed to observed in the project area in the latitude. assess impacts of former on latter). In Massachusetts Bay during the period of (7) A vessel may operate at a speed addition to the 19 MARUs, Northeast LNG facility operation. Description of necessary to maintain safe maneuvering Gateway will deploy 10 ABs within the marine mammal behavior, overall speed instead of the required ten knots TSS for the operational life of the NEG numbers of individuals observed, only if justified because the vessel is in Port and Algonquin Pipeline Lateral. A frequency of observation, and any an area where oceanographic, description of the ABs is provided in behavioral changes and the context of hydrographic and/or meteorological Appendix A of this NEG and the changes relative to operation conditions severely restrict the Algonquin’s application. The purpose of activities shall also be included in the maneuverability of the vessel and the the ABs shall be to detect a calling annual report. need to operate at such speed is North Atlantic right whale an average of ESA confirmed by the pilot on board or, 5 nm (9.26 km) from each AB (detection when a vessel is not carrying a pilot, the ranges will vary based on ambient On February 5, 2007, NMFS master of the vessel. If a deviation from underwater conditions). The AB system concluded consultation with MARAD the ten-knot speed limit is necessary, shall be the primary detection and the USCG, under section 7 of the the reasons for the deviation, the speed mechanism that alerts the LNGRV ESA, on the proposed construction and at which the vessel is operated, the Master and/or Algonquin Pipeline operation of the Northeast Gateway LNG latitude and longitude of the area, and support vessel captains to the facility and issued a biological opinion. the time and duration of such deviation occurrence of right whales, heightens The finding of that consultation was shall be entered into the logbook of the LNGRV or pipeline support vessel that the construction and operation of vessel. The master of the vessel shall awareness, and triggers necessary the Northeast Gateway LNG terminal attest to the accuracy of the logbook mitigation actions as described in the may adversely affect, but is not likely to entry by signing and dating it. Marine Mammal Detection, Monitoring, jeopardize, the continued existence of northern right, humpback, and fin Research Passive Acoustic Monitoring and Response Plan included as whales, and is not likely to adversely (PAM) Program Appendix A of the NEG application. Northeast Gateway has engaged affect sperm, sei, or blue whales and Northeast Gateway shall monitor the representatives from Cornell Kemp’s ridley, loggerhead, green or noise environment in Massachusetts University’s Bioacoustics Research leatherback sea turtles. An incidental Bay in the vicinity of the NEG Port and Program (BRP) and the Woods Hole take statement (ITS) was issued Algonquin Pipeline Lateral using an Oceanographic Institution (WHOI) as following NMFS’ issuance of the IHA. array of 19 Marine Autonomous the consultants for developing, On November 15, 2007, Northeast Recording Units (MARUs) that were implementing, collecting, and analyzing Gateway and Algonquin submitted a deployed initially in April 2007 to the acoustic data; reporting; and letter to NMFS requesting an extension collect data during the preconstruction maintaining the acoustic monitoring for the LNG Port construction into and active construction phases of the system. December 2007. Upon reviewing NEG Port and Algonquin Pipeline Further information detailing the Northeast Gateway’s weekly marine Lateral. A description of the MARUs can deployment and operation of arrays of mammal monitoring reports submitted be found in Appendix A of the NEG 19 passive seafloor acoustic recording under the previous IHA, NMFS application. These 19 MARUs will units (MARUs) centered on the terminal recognized that the potential take of remain in the same configuration during site and the 10 ABs that are to be placed some marine mammals resulting from full operation of the NEG Port and at approximately 5–m (8.0–km) intervals the LNG Port and Pipeline Lateral by Algonquin Pipeline Lateral. The MARUs within the recently modified TSS can be Level B behavioral harassment likely collect archival noise data and are not found in the Marine Mammal Detection, had exceeded the original take designed to provide real-time or near- Monitoring, and Response Plan estimates. Therefore, NMFS Northeast real-time information about vocalizing included as Appendix A of the NEG Region (NER) reinitiated consultation whales. Rather, the acoustic data application. with MARAD and USCG on the collected by the MARUs shall be construction and operation of the analyzed to document the seasonal Reporting Northeast Gateway LNG facility. On occurrences and overall distributions of The Project area is within the November 30, 2007, NMFS NER issued whales (primarily fin, humpback, and Mandatory Ship Reporting Area a revised biological opinion, reflecting right whales) within approximately 10 (MSRA), so all vessels entering and the revised construction time period nautical miles of the NEG Port, and exiting the MSRA will report their and including a revised ITS. This shall measure and document the noise activities to WHALESNORTH. During revised biological opinion concluded

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES 9810 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Notices

that the construction and operation of abundance of marine mammals in the to Thomas Luebke, Secretary, U.S. the Northeast Gateway LNG terminal vicinity of the LNG Port facility and the Commission of Fine Arts, at the above may adversely affect, but is not likely to Pipeline Lateral, the estimated numbers address or call 202–504–2200. jeopardize, the continued existence of of marine mammals to be harassed is Individuals requiring sign language northern right, humpback, and fin small relative to the affected species or interpretation for the hearing impaired whales, and is not likely to adversely stock sizes. Please see Estimate of Take should contact the Secretary at least 10 affect sperm, sei, or blue whales. by Harassment section below for the days before the meeting date. Currently, NMFS is consulting with calculation of these take numbers. Dated: February 23, 2009 in Washington, NMFS NER on to determine whether the Proposed Authorization DC. modified activities with the inclusion of Thomas Luebke, Algonquin Pipeline Lateral O&M NMFS proposes to issue an IHA to Secretary. activities would have any adverse Northeast Gateway and Algonquin for impact to listed species. conducting LNG Port facility and [FR Doc. E9–4578 Filed 3–5–09; 8:45 am] Pipeline Lateral operations and BILLING CODE 6330–01–M NEPA maintenance in Massachusetts Bay, MARAD and the USCG released a provided the previously mentioned Final EIS/Environmental Impact Report mitigation, monitoring, and reporting DEPARTMENT OF DEFENSE (EIR) for the proposed Northeast requirements are incorporated. Gateway Port and Pipeline Lateral. A Office of the Secretary notice of availability was published by Information Solicited MARAD on October 26, 2006 (71 FR NMFS requests interested persons to Meeting of the Defense Department 62657). The Final EIS/EIR provides submit comments and information Advisory Committee on Women in the detailed information on the proposed concerning this proposed IHA and Services (DACOWITS) project facilities, construction methods Northeast Gateway and Algonquin’s AGENCY: Department of Defense. and analysis of potential impacts on application for incidental take ACTION: Notice. marine mammal. regulations (see ADDRESSES). NMFS NMFS was a cooperating agency (as requests interested persons to submit SUMMARY: Pursuant to Section 10(a), defined by the Council on comments, information, and suggestions Public Law 92–463, as amended, notice Environmental Quality (40 CFR 1501.6)) concerning both the request and the is hereby given of a forthcoming in the preparation of the Draft and Final structure and content of future meeting of the Defense Department EISs. NMFS has reviewed the Final EIS regulations to allow this taking. NMFS Advisory Committee on Women in the and has adopted it. Therefore, the will consider this information in Services (DACOWITS). The purpose of preparation of another EIS or EA is not developing proposed regulations to the Committee meeting is to receive warranted. govern the taking. briefings and hear panels on women’s Preliminary Determinations Dated: February 26, 2009. roles in deployment, review 2009 topics, and develop protocols. The NMFS has preliminarily determined James H Lecky, meeting is open to the public, subject to that the impact of operation of the Director, Office of Protected Resources, the availability of space. Northeast Gateway LNG Port facility National Marine Fisheries Service. and the Algonquin Pipeline Lateral [FR Doc. E9–4799 Filed 3–5–09; 8:45 am] DATES: March 23–24, 2009, 8:30 a.m.–5 O&M activities may result, at worst, in BILLING CODE 3510–22–S p.m. a temporary modification in behavior of ADDRESSES: Double Tree Hotel Crystal small numbers of certain species of City National Airport, 300 Army Navy marine mammals that may be in close COMMISSION OF FINE ARTS Drive, Arlington, VA 22202. proximity to the Northeast Gateway FOR FURTHER INFORMATION CONTACT: Notice of Meeting LNG facility and associated pipeline MSgt Robert Bowling, USAF, during its operation, maintenance, and Established By Congress 17 May 1910: DACOWITS, 4000 Defense Pentagon, repair. These activities are expected to National Building Museum, 401 F Room 2C548A, Washington, DC 20301– result in some local short-term Street, NW., Suite 312, Washington, DC 4000. [email protected]; displacement and will have no more 20001–2728, 202–504–2200, 202–504– Telephone (703) 697–2122; Fax (703) than a negligible impact on the affected 2195 fax. 614–6233. species or stocks of marine mammals. BAC: 6330–01. SUPPLEMENTARY INFORMATION: This preliminary determination is supported by proposed mitigation, Commission of Fine Arts Meeting Agenda monitoring, and reporting measures The next meeting of the U.S. Monday, March 23, 2009 8:30 a.m.– described in this document on this Commission of Fine Arts is scheduled 5 p.m. action. for 19 March 2009, at 10 a.m. in the As a result of the described proposed Commission offices at the National —Welcome and announcements mitigation and monitoring measures, no Building Museum, Suite 312, Judiciary —Women’s roles in deployment panels take by injury or death would be Square, 401 F Street, NW., Washington —Briefings requested, anticipated or authorized, DC, 2000 1–2728. Items of discussion —Public Forum and the potential for temporary or may include buildings, parks and Tuesday, March 24, 2009 8:30 a.m.– permanent hearing impairment is very memorials. 5 p.m. unlikely due to the relatively low noise Draft agendas and additional levels (and consequently small zone of information regarding the Commission —Review research questions impact). are available on our Web site: http:// —Develop Protocol questions While the number of marine www.cfa.gov. Inquiries regarding the —Discuss 2009 topics and schedule mammals that may be harassed will agenda and requests to submit written Interested persons may submit a depend on the distribution and or oral statements should be addressed written statement for consideration by

VerDate Nov<24>2008 16:20 Mar 05, 2009 Jkt 217001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1 mstockstill on PROD1PC66 with NOTICES