Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 45613 

doses) is located at 1101 C Avenue 

West, Seymour, Indiana. The facility is 

used to manufacture, test, package and 

warehouse pharmaceutical products. 

Components and materials sourced from 

abroad (representing 75% of the value of 

the finished product) include: 

alprostidil, edex applicators, 

lacosamide, moexipril, kremozin, 

vanlafaxim, and esomeprazole 

magnesium (duty rate ranges from duty 

free to 5.3%). The application also 

requests authority to include a broad 

range of inputs and finished 

pharmaceutical products that Schwarz 

Pharma may produce under FTZ 

procedures in the future. New major 

activity involving these inputs/products 

would require review by the FTZ Board. 

FTZ procedures could exempt 

Schwarz Pharma from customs duty 

payments on the foreign components 

used in export production. The 

company anticipates that less than 5 

percent of the plant’s shipments will be 

exported. On its domestic sales, 

Schwarz Pharma would be able to 

choose the duty rates during customs 

entry procedures that apply to Edex kits, 

Vimpat, Moexipril, Kremozin, 

Vanlafaxim and an acid reflux 

pharmaceutical (all duty free) for the 

foreign inputs noted above. FTZ 

designation would further allow 

Schwarz Pharma to realize logistical 

benefits through the use of weekly 

customs entry procedures. Customs 

duties also could possibly be deferred or 

reduced on foreign status production 

equipment. The request indicates that 

the savings from FTZ procedures would 

help improve the plant’s international 

competitiveness. 

In accordance with the Board’s 

regulations, Diane Finver of the FTZ 

Staff is designated examiner to evaluate 

and analyze the facts and information 

presented in the application and case 

record and to report findings and 

recommendations to the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address below. The closing period for 

their receipt is November 2, 2009. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to November 

17, 2009. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230–0002, and in the ‘‘Reading 

Room’’ section of the Board’s Web site, 

which is accessible via http:// 

www.trade.gov/ftz. 

For further information, contact Diane 

Finver at diane_finver@ita.doc.gov or 

(202) 482–1367. 

Dated: August 26, 2009. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–21319 Filed 9–2–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XN24 

Taking and Importing Marine 

Mammals; Operations of a Liquified 

Natural Gas Port Facility in 

Massachusetts Bay 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of an 

incidental harassment authorization. 

SUMMARY: In accordance with 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that an Incidental Harassment 

Authorization (IHA) to take marine 

mammals, by harassment, incidental to 

operation of an offshore liquefied 

natural gas (LNG) facility in the 

Massachusetts Bay, has been issued to 

Northeast Gateway Energy BridgeTM

LLC (Northeast Gateway or NEG) for a 

period of 1 year. 

DATES: This authorization is effective 

from August 31, 2009, until August 30, 

2010. NMFS has also made the required 

findings to support future modification 

of the IHA to include take of marine 

mammals by Northeast Gateway’s 

partner, Algonquin Gas Transmission, 

LLC, incidental to operations and 

maintenance of the Algonquin Pipeline 

Lateral upon completion of consultation 

under section 7 of the Endangered 

Species Act. 

ADDRESSES: A copy of the application, 

IHA, and a list of references used in this 

document may be obtained by writing to 

P. Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225. A copy of the application 

may be obtained by writing to this 

address or by telephoning the contact 

listed here and is also available at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

137. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and 101(a)(5)(D) 

of the MMPA (16 U.S.C. 1361 et seq.) 

direct the Secretary of Commerce 

(Secretary) to allow, upon request, the 

incidental, but not intentional taking of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and regulations are issued or, 

if the taking is limited to harassment, a 

notice of a proposed authorization is 

provided to the public for review. 

Authorization 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, 

and if the permissible methods of taking 

and requirements pertaining to the 

mitigation, monitoring and reporting of 

such taking 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. 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. 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]. 

Section 101(a)(5)(D) establishes a 45- 

day time limit for NMFS review of an 

application followed by a 30-day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny issuance of the 

authorization. 


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Summary of Request 

On August 15, 2008, NMFS received 

an application from Tetra Tech EC, Inc., 

on behalf of Northeast Gateway and 

Algonquin Gas Transmission, LLC 

(Algonquin) for an authorization to take 

12 species of marine mammals by Level 

B harassment incidental to operation 

and maintenance of an LNG port facility 

in Massachusetts Bay. Since LNG Port 

operation and maintenance activities 

have the potential to take marine 

mammals, a marine mammal take 

authorization under the MMPA is 

warranted. NMFS has previously issued 

one-year incidental harassment 

authorizations for the LNG Port 

pursuant to section 101(a)(5)(D) of the 

MMPA, the most recent of which 

expired on May 14, 2009 (see 73 FR 

29485, May 21, 2008). On January 26, 

2009, Northeast Gateway and Algonquin 

submitted a revised MMPA permit 

application that added certain 

Algonquin Pipeline Lateral operation 

and maintenance (O&M) activities for a 

limited time. NMFS’ notice of proposed 

IHA included analysis of these 

additional activities (see 74 FR 9801, 

March 6, 2009), and reinitiation of 

consultation under section 7 of the 

Endangered Species Act (ESA) began to 

analyze the effects of the O&M activities 

on ESA-listed species, which had not 

been analyzed in the existing biological 

opinion. 

As of August 14, 2009, ESA 

consultation was not complete; 

therefore, NMFS could not issue an IHA 

for the Deepwater Port operations/ 

maintenance and Pipeline Lateral O&M 

activities. On August 14, 2009, 

Northeast Gateway requested NMFS to 

issue an IHA just covering the 

operational portion of the Deepwater 

Port (for which there is a biological 

opinion). Northeast Gateway further 

requested that a modified IHA be issued 

to both Northeast Gateway and 

Algonquin adding operations and 

maintenance (including repair) of the 

Pipeline Lateral once the section 7 

consultation is concluded and a nonjeopardy determination for listed 

species is made. Because the LNG Port 

facility and Algonquin Pipeline Lateral 

operation and maintenance activities 

will be ongoing in the foreseeable 

future, NMFS will propose regulations 

pursuant to section 101(a)(5)(A) of the 

MMPA, which would govern these 

incidental takes under a Letter of 

Authorization for up to five years. 

Under section 101(a)(5)(A), NMFS also 

must prescribe mitigation, monitoring, 

and reporting requirements in its 

regulations. 

Description of the Activity 

The Northeast Gateway Port is located 

in Massachusetts Bay and consists of a 

submerged buoy system to dock 

specially designed LNG carriers 

approximately 13 mi (21 km) offshore of 

Massachusetts in federal waters 

approximately 270 to 290 ft (82 to 88 m) 

in depth. This facility delivers regasified 

LNG to onshore markets via a 16.06-mi 

(25.8-km) long, 24-in (61-cm) outside 

diameter natural gas pipeline lateral 

(Pipeline Lateral) owned and operated 

by Algonquin and interconnected to 

Algonquin’s existing offshore natural 

gas pipeline system in Massachusetts 

Bay (HubLine). 

The Northeast Gateway Port consists 

of two subsea Submerged Turret 

LoadingTM (STL) buoys, each with a 

flexible riser assembly and a manifold 

connecting the riser assembly, via a 

steel flowline, to the subsea Pipeline 

Lateral. Northeast Gateway utilizes 

vessels from its current fleet of specially 

designed Liquefied Natural Gas 

Regasification Vessels (LNGRVs), each 

capable of transporting approximately 

2.9 billion ft3 (82 million m3) of natural 

gas condensed to 4.9 million ft3

(138,000 m3) of LNG. Northeast Gateway 

would also be adding vessels to its fleet 

that will have a cargo capacity of 

approximately 151,000 cubic m3. The 

mooring system installed at the 

Northeast Gateway Port is designed to 

handle both the existing vessels and any 

of the larger capacity vessels that may 

come into service in the future. The 

LNGRVs would dock to the STL buoys, 

which would serve as both the singlepoint mooring system for the vessels 

and the delivery conduit for natural gas. 

Each of the STL buoys is secured to the 

seafloor using a series of suction 

anchors and a combination of chain/ 

cable anchor lines. 

The proposed activity includes 

Northeast Gateway LNG Port operation 

and maintenance. 

NEG Port Operations 

During NEG Port operations, LNGRVs 

servicing the Northeast Gateway Port 

will utilize the newly configured and 

International Maritime Organizationapproved Boston Traffic Separation 

Scheme (TSS) on their approach to and 

departure from the Northeast Gateway 

Port at the earliest practicable point of 

transit. LNGRVs will maintain speeds of 

12 knots or less while in the TSS, unless 

transiting the Off Race Point Seasonal 

Management Area between the dates of 

March 1 and April 30, or the Great 

South Channel Seasonal Management 

Area between the dates of April 1 and 

July 31, when they will not exceed 10- 

knots or when there have been active 

right whale sightings, active acoustic 

detections, or both, in the vicinity of the 

transiting LNGRV in the TSS or at the 

Northeast Gateway Port, in which case 

the vessels also will slow their speeds 

to 10 knots or less. 

As an LNGRV makes its final 

approach to the Northeast Gateway Port, 

vessel speed will gradually be reduced 

to 3 knots at 1.86 mi (3 km) out to less 

than 1 knot at a distance of 1,640 ft (500 

m) from the Northeast Gateway Port. 

When an LNGRV arrives at the 

Northeast Gateway Port, it would 

retrieve one of the two permanently 

anchored submerged STL buoys. It 

would make final connection to the 

buoy through a series of engine and bow 

thruster actions. The LNGRV would 

require the use of thrusters for dynamic 

positioning during docking procedure. 

Typically, the docking procedure is 

completed over a 10- to 30-minute 

period, with the thrusters activated as 

necessary for short periods of time in 

second bursts, not a continuous sound 

source. Once connected to the buoy, the 

LNGRV will begin vaporizing the LNG 

into its natural gas state using the 

onboard regasification system. As the 

LNG is regasified, natural gas will be 

transferred at pipeline pressures off the 

LNGRV through the STL buoy and 

flexible riser via a steel flowline leading 

to the connecting Pipeline Lateral. 

When the LNG vessel is on the buoy, 

wind and current effects on the vessel 

would be allowed to ‘‘weathervane’’ on 

the single-point mooring system; 

therefore, thrusters will not be used to 

maintain a stationary position. 

It is estimated that the NEG Port could 

receive approximately 65 cargo 

deliveries a year. During this time 

period thrusters would be engaged in 

use for docking at the NEG Port 

approximately 10 to 30 minutes for each 

vessel arrival and departure. 

NEG Port Maintenance 

The specified design life of the NEG 

Port is about 40 years, with the 

exception of the anchors, mooring 

chain/rope, and riser/umbilical 

assemblies, which are based on a 

maintenance-free design life of 20 years. 

The buoy pick-up system components 

are considered consumable and would 

be inspected following each buoy 

connection, and replaced (from inside 

the STL compartment during the normal 

cargo discharge period) as deemed 

necessary. The underwater components 

of the NEG Port would be inspected 

once yearly in accordance with 

Classification Society Rules (American 

Bureau of Shipping) using either divers 

or remotely operated vehicles (ROVs) to 


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inspect and record the condition of the 

various STL system components. These 

activities would be conducted using the 

NEG Port’s normal support vessel (125- 

foot, 99 gross ton, 2,700 horsepower, 

aluminum mono-hull vessel), and to the 

extent possible would coincide with 

planned weekly visits to the NEG Port. 

Helicopters would not be used for 

marker line maintenance inspections. 

Detailed information on the LNG 

facility’s operation and maintenance 

activities, and noise generated from 

operations was also published in the 

Federal Register for the proposed IHA 

for Northeast Gateway’s LNG Port 

construction and operations on March 

13, 2007 (72 FR 11328). 

Based on the description of 

maintenance, we don’t anticipate take 

from maintenance and do not further 

analyze/discuss facility maintenance in 

this Federal Register notice. 

Algonquin Pipeline Lateral Operation 

and Maintenance (O&M) 

The O&M activities associated with 

the Algonquin Pipeline Lateral can be 

subdivided into two categories, Routine 

O&M Activities and Unplanned Repair 

Work. 

A. Routine O&M Activities 

The planned activities required for 

the O&M of the Algonquin Pipeline 

Lateral and Flowlines over a one year 

period are limited. Similar to the 

inspection of the NEG Port underwater 

components, the only planned O&M 

activity is the annual inspection of the 

cathodic protection monitors by a ROV. 

The monitors are located at the ends of 

the Algonquin Pipeline Lateral and the 

adjacent Flowlines. Each inspection 

activity will take approximately three 

days and will utilize a ROV launched 

from a vessel of opportunity. The most 

likely vessel will be similar to the NEG 

Port’s normal support vessel referenced 

in NEG Port Maintenance section. This 

vessel is self-positioning and requires 

no anchors or use of thrusters. It will 

mobilize from Salem, Massachusetts, 

and will inspect the monitors in the 

vicinity of the NEG Port and at the point 

where the Algonquin Pipeline Lateral 

interconnects with Algonquin’s 

HubLine. These activities will be 

performed during daylight hours and 

during periods of good weather. 

B. Unplanned Pipeline Repair Activities 

Unplanned O&M activities may be 

required from time to time at a location 

along the Algonquin Pipeline Lateral or 

along one of the Flowlines should the 

line become damaged or malfunction. 

Should repair work be required, it is 

likely a dive vessel would be the main 

vessel used to support the repair work. 

The type of diving spread and the 

corresponding vessel needed to support 

the spread would be dictated by the 

type of repair work required and the 

water depth at the work location. In 

addition, the type of vessel used may 

vary depending upon availability. The 

duration of an unplanned activity 

would also vary depending upon the 

repair work involved (e.g., repairing or 

replacing a section of the pipeline, 

connection, or valve) but can generally 

be assumed to take less than 40 work 

days to complete based on industry 

experience with underwater pipeline 

repairs. 

A diving spread required to execute 

an unplanned activity might necessitate 

several vessels. Most likely the dive 

vessel would support a saturation 

diving spread and be moored at the 

work location using four anchors. This 

vessel would likely be accompanied by 

an attendant tug to assist with anchor 

placement. Once secured at the work 

location, the dive vessel would remain 

on site through the completion of the 

work, weather permitting. A crew/ 

supply boat would be utilized to 

intermittently provide labor and supply 

transfers. Once or twice during the 

work, a tug may be required to bring a 

material barge to and from the location. 

While unlikely, there is a small 

possibility that a second dive vessel 

would be required to support the main 

dive vessel, depending upon the work 

activity. The second dive vessel would 

be on-site for a shorter work duration. 

These vessels would be supported from 

an onshore base located between 

Quincy, Massachusetts and Gloucester, 

Massachusetts. 

The selection of a dive vessel will be 

driven by the technical requirements of 

the work. In addition, the degree of 

urgency required to address the work 

and the availability of vessels will also 

enter into the decision process for 

securing a dive vessel. It may be that a 

four point moored dive vessel either is 

not available or doesn’t meet the 

technical capabilities required by the 

work. It then becomes possible that a 

dynamically positioned (DP) dive vessel 

may have to be utilized. The use of a DP 

dive vessel removes the need for an 

attendant tug to support the vessel since 

no anchors will be deployed. However, 

potential impacts related to noise are 

increased when a DP dive vessel is 

used. The noise generated by a DP dive 

vessel varies, and results from the use 

of the thrusters at various levels to 

maintain the vessel’s position during 

the work depending upon currents, 

winds, waves and other forces acting on 

the vessel at the time of the work. 

Comments and Responses 

A notice of receipt and request for 

public comment on the application and 

proposed authorization was published 

on March 6, 2009 (74 FR 9801). During 

the 30-day public comment period, 

NMFS received comments from the 

Marine Mammal Commission 

(Commission). 

Comment 1: The Commission 

recommends that NMFS issue the IHA 

provided that (a) all marine mammal 

mitigation, monitoring, and reporting 

measures identified in the Federal 

Register notice are included in the 

authorization; and (b) operations be 

suspended immediately if a dead or 

seriously injured right whale or other 

marine mammal is found in the vicinity 

of the operations and the death or injury 

could be attributable to the applicant’s 

activities. Any suspension should 

remain in place until NMFS (1) has 

reviewed the situation and determined 

that further deaths or serious injuries 

are unlikely or (2) has issued regulations 

authorizing such takes under section 

101(a)(5)(A) of the MMPA. 

Response: NMFS concurs with the 

Commission’s recommendation raised 

in the above comment, and extends the 

suspension requirement to any type of 

injury, not just serious injury, if it could 

be attributable to LNG activities. 

Description of Marine Mammals in the 

Area of the Specified Activities 

Marine mammal species that 

potentially occur in the vicinity of the 

Northeast Gateway facility include 

several species of cetaceans and 

pinnipeds: North Atlantic right whale 

(Eubalaena glacialis), humpback whale 

(Megaptera novaeangliae), fin whale 

(Balaenoptera physalus), minke whale 

(B. acutorostrata), long-finned pilot 

whale (Globicephala melas), Atlantic 

white-sided dolphin (Lagenorhynchus 

acutus), bottlenose dolphin (Tursiops 

truncatus), common dolphin (Delphinus 

delphis), killer whale (Orcinus orca), 

harbor porpoise (Phocoena phocoena), 

harbor seal (Phoca vitulina), and gray 

seal (Halichoerus grypus). 

General information on these marine 

mammal species can also be found in 

Wursig et al. (2000) and in the NMFS 

Stock Assessment Reports (Waring et 

al., 2008). This latter document is 

available at: http://www.nefsc.noaa.gov/ 

nefsc/publications/tm/tm205/. An 

updated summary on several commonly 

sighted marine mammal species 

distribution and abundance in the 

vicinity of the proposed action area is 

provided below. Additional information 

on those species that may be affected by 

this activity is provided in detail in the 


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Federal Register published on March 6, 

2009 (74 FR 9801). 

Potential Effects of Noise on Marine 

Mammals 

The effects of noise on marine 

mammals are highly variable, and can 

be categorized as follows (based on 

Richardson et al., 1995): (1) The noise 

may be too weak to be heard at the 

location of the animal (i.e., lower than 

the prevailing ambient noise level, the 

hearing threshold of the animal at 

relevant frequencies, or both); (2) The 

noise may be audible but not strong 

enough to elicit any overt behavioral 

response; (3) The noise may elicit 

reactions of variable conspicuousness 

and variable relevance to the well being 

of the marine mammal; these can range 

from temporary alert responses to active 

avoidance reactions such as vacating an 

area at least until the noise event ceases; 

(4) Upon repeated exposure, a marine 

mammal may exhibit diminishing 

responsiveness (habituation), or 

disturbance effects may persist; the 

latter is most likely with sounds that are 

highly variable in characteristics, 

infrequent and unpredictable in 

occurrence, and associated with 

situations that a marine mammal 

perceives as a threat; (5) Any 

anthropogenic noise that is strong 

enough to be heard has the potential to 

reduce (mask) the ability of a marine 

mammal to hear natural sounds at 

similar frequencies, including calls from 

conspecifics, and underwater 

environmental sounds such as surf 

noise; (6) If mammals remain in an area 

because it is important for feeding, 

breeding or some other biologically 

important purpose even though there is 

chronic exposure to noise, it is possible 

that there could be noise-induced 

physiological stress; this might in turn 

have negative effects on the well-being 

or reproduction of the animals involved; 

and (7) Very strong sounds have the 

potential to cause temporary or 

permanent reduction in hearing 

sensitivity. In terrestrial mammals, and 

presumably marine mammals, received 

sound levels must far exceed the 

animal’s hearing threshold for there to 

be any temporary threshold shift (TTS) 

in its hearing ability. For transient 

sounds, the sound level necessary to 

cause TTS is inversely related to the 

duration of the sound. Received sound 

levels must be even higher for there to 

be risk of permanent hearing 

impairment. In addition, intense 

acoustic (or explosive events) may cause 

trauma to tissues associated with organs 

vital for hearing, sound production, 

respiration and other functions. This 

trauma may include minor to severe 

hemorrhage. 

There are three general categories of 

sounds recognized by NMFS: 

continuous (such as shipping sounds), 

intermittent (such as vibratory pile 

driving sounds), and impulse. No 

impulse noise activities, such as 

blasting or standard pile driving, are 

associated with this project. The noise 

sources of potential concern are 

regasification/offloading (which is a 

continuous sound) and dynamic 

positioning of vessels using thrusters 

(an intermittent sound) from LNGRVs 

during docking at the NEG port facility 

and from repair vessels during 

Algonquin Pipeline Lateral repair and 

maintenance for diving support. Based 

on research by Malme et al. (1983; 

1984), for both continuous and 

intermittent sound sources, Level B 

harassment is presumed to begin at 

received levels of 120-dB. The detailed 

description of the noise that would 

result from the proposed LNG Port 

operations and Pipeline Lateral O&M 

activities is provided in the Federal 

Register for the initial construction and 

operations of the NEG LNG Port facility 

and Pipeline Lateral in 2007 (72 FR 

27077; May 14, 2007). 

NEG Port Activities 

Underwater noise generated at the 

NEG Port has the potential to result 

from two distinct actions, including 

closed-loop regasification of LNG and/or 

LNGRV maneuvering during coupling 

and decoupling with STL buoys. To 

evaluate the potential for these activities 

to result in underwater noise that could 

harass marine mammals, Excelerate 

Energy, LLC (Excelerate) conducted 

field sound survey studies during 

periods of March 21 to 25, 2005 and 

August 6 to 9, 2006 while the LNGRV 

Excelsior was both maneuvering and 

moored at the operational Gulf Gateway 

Port located 116 mi (187 km) offshore in 

the Gulf of Mexico (the Gulf) (see 

Appendices B and C of the NEG and 

Algonquin application). LNGRV 

maneuvering conditions included the 

use of both stern and bow thrusters 

required for dynamic positioning during 

coupling. These data were used to 

model underwater sound propagation at 

the NEG Port. The pertinent results of 

the field survey are provided as 

underwater sound source pressure 

levels as follows: 

• Sound levels during closed-loop 

regasification ranged from 104 to 110 

decibel linear (dBL). Maximum levels 

during steady state operations were 108 

dBL. 

• Sound levels during coupling 

operations were dominated by the 

periodic use of the bow and stern 

thrusters and ranged from 160 to 170 

dBL. 

Figures 1–1 and 1–2 of the NEG and 

Algonquin’s revised MMPA permit 

application present the net acoustic 

impact of one LNGRV operating at the 

NEG Port. Thrusters are operated 

intermittently and only for relatively 

short durations of time. The resulting 

area within the 120 dB isopleth is less 

than 1 km2 with the linear distance to 

the isopleths extending 430 m (1,411 ft). 

The area within the 180 dB isopleth is 

very localized and will not extend 

beyond the immediate area where 

LNGRV coupling operations are 

occurring. 

The potential impacts to marine 

mammals associated with sound 

propagation from vessel movements, 

anchors, chains and LNG regasification/ 

offloading could be the temporary and 

short-term displacement of seals and 

whales from within the 120-dB zones 

ensonified by these noise sources. 

Animals would be expected to reoccupy the area once the noise ceases. 

Unplanned Pipeline Lateral Repair 

Activities 

As discussed previously, pipeline 

repairs may be required from time to 

time should the pipeline become 

damaged or malfunction. While the 

need for repairs to underwater pipelines 

is typically infrequent, in the event that 

a pipeline repair is required, it is most 

likely that anchor-moored vessels will 

be used. If so, underwater noise will not 

be generated at the level of concern for 

marine mammals. 

However, there is the potential that 

underwater noise will be generated 

within the 120 dB threshold for level B 

harassment for marine mammals if DP 

vessels are used to perform the work. 

Given the limited availability of DP dive 

support vessels, it is most likely that an 

anchor-moored dive vessel will be used, 

though the possibility that a DP vessel 

would be used cannot be ruled out. 

Depending on the nature of the repair, 

the work could last for up to 40 work 

days. The possibility that a DP vessel 

would be used to perform a pipeline 

repair is the only instance in which 

underwater noise will be generated that 

rises to or exceeds the 120-dB threshold 

for level B harassment in connection 

with Algonquin’s ownership or 

operation of the Algonquin Pipeline 

Lateral. 

In general, DP vessels are fitted with 

six thrusters of three main types: main 

propellers, tunnel thrusters and azimuth 

thrusters. Two or three tunnel thrusters 

are usually fitted in the bow. Stern 

tunnel thrusters are also common, 


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operating together but controlled 

individually, as are azimuth or compass 

thrusters placed in the rear. Azimuth 

thrusters are located beneath the bottom 

of the vessel and can be rotated to 

provide thrust in any direction. During 

vessel operation, the thrusters engage in 

varying numbers and at varying 

intensity levels, as needed to control 

and maintain vessel location based on 

sea and weather conditions. While at 

least one thruster is always engaged in 

at least partial capacity, higher noise 

levels are generated periodically when 

greater numbers of thrusters need to 

engage, and when thrusters are at closer 

to their full capacity. Thruster 

underwater noise levels are principally 

caused by cavitation, which is a 

combination of broadband noise and 

tonal sounds at discrete frequencies. 

In August 2007, during construction 

of the NEG Port and Algonquin Pipeline 

Lateral, Northeast Gateway collected 

sound measurements of vessels used to 

support construction including crew 

boats, support tugs, and diver support 

vessels which required the steady use of 

thrusters as well as unassociated boat 

movements routinely occurring outside 

the immediate construction zone. These 

vessels are similar to those which may 

be employed during pipeline repair. 

Based upon the measurement data 

collected, results showed no exceedance 

of the 180-dB level for potential Level 

A harassment during any of the 

monitoring periods in the acoustic far 

field ranging from 605 to 1,050 m (1,985 

to 3,445 ft) (see Figure 1–3 of the NEG 

and Algonquin MMPA permit 

application). However, construction 

activities involving the use of DP vessels 

did exceed the 120-dB Level B 

behavioral harassment threshold for this 

sound type, principally at low and midrange frequencies. 

It is important to note, however, that 

even though measurements showed 

construction activities periodically 

resulted in the exceedances of the Level 

B behavioral harassment threshold, such 

received sound pressure levels may not 

in every instance be perceptible to 

marine life, as hearing thresholds are 

largely frequency-dependent and vary 

considerably from species to species. In 

addition, though ambient noise in 

shallow waters such as the Gulf of 

Maine tends to be highly variable in 

both time and location, existing elevated 

ambient conditions inherent within the 

Massachusetts Bay environment may 

effectively mask noise generated by 

future offshore repair work at short to 

moderate distances from where the 

work is occurring. This is particularly 

true during elevated wind and sea state 

conditions when the use of thrusters is 

more predominant. At the same time, 

the ambient underwater noise intensity 

levels will be higher during these 

periods as well. 

Estimates of Take by Harassment 

Northeast Gateway stated that the size 

of the ensonified 120-dB isopleth by 

LNGRV’s decoupling would be less than 

1 km2 as measured in the Gulf of Mexico 

in 2005. However, due to the lack of 

more recent sound source verification 

and source measurement in 

Massachusetts Bay, NMFS used a more 

conservative spreading model to 

calculate the 120-dB isopleth. (This 

model was also used to establish 120-dB 

zone of influence (ZOI) for the previous 

IHAs issued to Northeast Gateway.) In 

the vicinity of the LNG Port, where the 

water depth is about 80 m (262 ft), the 

120-dB radius is estimated to be 2.56 km 

(1.6 mi) maximum from the sound 

source during dynamic positioning for 

the container ship, making a maximum 

ZOI of 21 km2 (8.1 mi2). For shallow 

water depth (40 m or 131 ft) 

representative of the northern segment 

of the Algonquin Pipeline Lateral, the 

120-dB radius is estimated to be 3.31 km 

(2.06 mi), and the associated ZOI is 34 

km2 (13.1 mi2). 

The basis for Northeast Gateway and 

Algonquin’s ‘‘take’’ estimate is the 

number of marine mammals that would 

be exposed to sound levels in excess of 

120 dB. For the NEG port facility 

operations, the take estimates are 

determined by multiplying the area of 

the LNGRV’s ZOI (21 km2) by local 

marine mammal density estimates, 

corrected to account for 50 percent more 

marine mammals that may be 

underwater, and then multiplying by 

the estimated LNG container ship visits 

per year. For the Algonquin Pipeline 

Lateral O&M activities, the take 

estimates are determined by multiplying 

the area of ZOI (34 km2) resulting from 

the DP vessel used in repair by local 

marine mammal density estimates, 

corrected to account for 50 percent more 

marine mammals that may be 

underwater, and then multiplying by 

the number of dates O&M activities are 

conducted per year. In the case of data 

gaps, a conservative approach was used 

to ensure the potential number of takes 

is not underestimated, as described 

next. 

NMFS recognizes that baleen whale 

species other than North Atlantic right 

whales have been sighted in the project 

area from May to November. However, 

the occurrence and abundance of fin, 

humpback, and minke whales is not 

well documented within the project 

area. Nonetheless, NMFS uses the data 

on cetacean distribution within 

Massachusetts Bay, such as those 

published by the National Centers for 

Coastal Ocean Science (NCCOS, 2006), 

to estimate potential takes of marine 

mammals species in the vicinity of 

project area. 

The NCCOS study used cetacean 

sightings from two sources: (1) The 

North Atlantic Right Whale Consortium 

(NARWC) sightings database held at the 

University of Rhode Island (Kenney, 

2001); and (2) the Manomet Bird 

Observatory (MBO) database, held at 

NMFS Northeast Fisheries Science 

Center (NEFSC). The NARWC data 

contained survey efforts and sightings 

data from ship and aerial surveys and 

opportunistic sources between 1970 and 

2005. The main data contributors 

included: Cetacean and Turtles 

Assessment Program (CETAP), Canadian 

Department of Fisheries and Oceans, 

PCCS, International Fund for Animal 

Welfare, NOAA’s NEFSC, New England 

Aquarium, Woods Hole Oceanographic 

Institution, and the University of Rhode 

Island. A total of 653,725 km (406,293 

mi) of survey track and 34,589 cetacean 

observations were provisionally selected 

for the NCCOS study in order to 

minimize bias from uneven allocation of 

survey effort in both time and space. 

The sightings-per-unit-effort (SPUE) was 

calculated for all cetacean species by 

month covering the southern Gulf of 

Maine study area, which also includes 

the project area (NCCOS, 2006). 

The MBO’s Cetacean and Seabird 

Assessment Program (CSAP) was 

contracted from 1980 to 1988 by NMFS 

NEFSC to provide an assessment of the 

relative abundance and distribution of 

cetaceans, seabirds, and marine turtles 

in the shelf waters of the northeastern 

United States (MBO, 1987). The CSAP 

program was designed to be completely 

compatible with NMFS NEFSC 

databases so that marine mammal data 

could be compared directly with 

fisheries data throughout the time series 

during which both types of information 

were gathered. A total of 5,210 km 

(8,383 mi) of survey distance and 636 

cetacean observations from the MBO 

data were included in the NCCOS 

analysis. Combined valid survey effort 

for the NCCOS studies included 567,955 

km (913,840 mi) of survey track for 

small cetaceans (dolphins and 

porpoises) and 658,935 km (1,060,226 

mi) for large cetaceans (whales) in the 

southern Gulf of Maine. The NCCOS 

study then combined these two data sets 

by extracting cetacean sighting records, 

updating database field names to match 

the NARWC database, creating geometry 

to represent survey tracklines and 

applying a set of data selection criteria 


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designed to minimize uncertainty and 

bias in the data used. 

Owing to the comprehensiveness and 

total coverage of the NCCOS cetacean 

distribution and abundance study, 

NMFS calculated the estimated take 

number of marine mammals based on 

the most recent NCCOS report 

published in December 2006. A 

summary of seasonal cetacean 

distribution and abundance in the 

project area is provided in the Federal 

Register notice for the proposed IHA (74 

FR 9801; March 6, 2009), in the Marine 

Mammals Affected by the Activity 

section. For a detailed description and 

calculation of the cetacean abundance 

data and sighting per unit effort (SPUE), 

please refer to the NCCOS study 

(NCCOS, 2006). These data show that 

the relative abundance of North Atlantic 

right, fin, humpback, minke, and pilot 

whales, and Atlantic white-sided 

dolphins for all seasons, as calculated 

by SPUE in number of animals per 

square kilometer, is 0.0082, 0.0097, 

0.0265, 0.0059, 0.0407, and 0.1314 n/ 

km, respectively. 

In calculating the area density of these 

species from these linear density data, 

NMFS used 0.4 km (0.25 mi), which is 

a quarter the distance of the radius for 

visual monitoring (see Proposed 

Monitoring, Mitigation, and Reporting 

section below), as a conservative 

hypothetical strip width (W). Thus the 

area density (D) of these species in the 

project area can be obtained by the 

following formula: 

D = SPUE/2W. 

Based on this calculation method, the 

estimated take numbers per year for 

North Atlantic right, fin, humpback, 

minke, and pilot whales, and Atlantic 

white-sided dolphins by the NEG Port 

facility operations, which is an average 

of 65 visits by LNG container ships to 

the project area per year (or 

approximately 1.25 visits per week), 

operating the vessels’ thrusters for 

dynamic positioning before offloading 

natural gas, corrected for 50 percent 

underwater, are 21, 25, 68, 15, 104, and 

336, respectively. 

The estimated take number per year 

for North Atlantic right, fin, humpback, 

minke, and pilot whales, and Atlantic 

white-side dolphin by the Algonquin 

Pipeline Lateral O&M activities, based 

on a maximum of 40 days by the 

operation of DP vessels for diver 

support, corrected for 50 percent 

underwater, are 21, 25, 68, 15, 104, and 

335, respectively. 

The total estimated take numbers of 

these species per year are: 42 North 

Atlantic right, 50 fin, 136 humpback, 30 

minke, 208 pilot whales, and 671 

Atlantic white-sided dolphins. These 

numbers represent a maximum of 12.9, 

2.2, 15.0, 0.9, 0.7, and 1.1 percent of the 

affected species/stocks, respectively. 

Since it is very likely that individual 

animals could be ‘‘taken’’ by harassment 

multiple times, these percentages are 

the upper boundary because the actual 

number of individual animals being 

exposed or taken would be far less. 

There is no danger of injury, death, or 

hearing impairment from the exposure 

to these noise levels. 

In addition, bottlenose dolphins, 

common dolphins, killer whales, harbor 

porpoises, harbor seals, and gray seals 

could also be taken by Level B 

harassment as a result of deepwater 

LNG port operations and Pipeline 

Lateral O&M activities. The numbers of 

estimated take of these species are not 

available because they are rare in the 

project area. The population estimates 

of these marine mammal species and 

stock in the west North Atlantic basin 

are 81,588; 120,743; 89,054; 99,340; and 

195,000 for bottlenose dolphins, 

common dolphins, harbor porpoises, 

harbor seals, and gray seals, respectively 

(Waring et al., 2008). No population 

estimate is available for the North 

Atlantic stock of killer whales, however, 

their occurrence within the proposed 

project area is rare. Since the 

Massachusetts Bay represents only a 

small fraction of the west North Atlantic 

basin where these animals occur, and 

these animals do not congregate in the 

vicinity of the project area, NMFS 

believes that only relatively small 

numbers of these marine mammal 

species would be potentially affected by 

the Northeast Gateway LNG deepwater 

project. From the most conservative 

estimates of both marine mammal 

densities in the project area and the size 

of the 120–dB zone of (noise) influence, 

the calculated number of individual 

marine mammals for each species that 

could potentially be harassed annually 

is small relative to the overall 

population size. 

Potential Impact on Habitat 

Operation of the NEG Port and 

Algonquin Pipeline Lateral will result in 

long-term effects on the marine 

environment, including alteration of 

seafloor conditions, continued 

disturbance of the seafloor, regular 

withdrawal of sea water, and regular 

generation of underwater noise. A small 

area (0.14 acre) along the Pipeline 

Lateral will be permanently altered 

(armored) at two cable crossings. In 

addition, the structures associated with 

the Port will occupy 4.8 acres of 

seafloor. An additional area of the 

seafloor of up to 38 acres will be subject 

to disturbance due to chain sweep while 

the buoys are occupied. The benthic 

community in the up-to 38 acres of soft 

bottom that may be swept by the anchor 

chains while EBRVs are docked will 

have limited opportunity to recover, so 

this area will experience a long-term 

reduction in benthic productivity. 

Each LNGRV will require the 

withdrawal of an average of 4.97 million 

gallons per day of sea water for general 

ship operations during its 8-day stay at 

the Port. Plankton associated with the 

sea water will not likely survive this 

activity. Based on densities of plankton 

in Massachusetts Bay, it is estimated 

that sea water use during operations 

will consume, on a daily basis, about 

three 200 × 1,010 phytoplankton cells 

(about several hundred grams of 

biomass), 6.5 × 108 zooplankters 

(equivalent to about 1.2 kg of copepods), 

and on the order of 30,000 fish eggs and 

5,000 fish larvae. Also, the daily 

removal of sea water will reduce the 

food resources available for 

planktivorous organisms. However, the 

removal of these species is minor 

relative to the overall area they occupy 

and unlikely to measurably affect the 

food sources available to marine 

mammals. 

Monitoring and Mitigation Measures 

For the proposed NEG LNG port 

operations and Algonquin Pipeline 

Lateral O&M activities, NMFS requires 

the following monitoring and mitigation 

measures. 

Marine Mammal Observers and 

Training 

For activities related to the NEG LNG 

port operations, all individuals onboard 

the LNGRVs responsible for the 

navigation and lookout duties on the 

vessel must receive training prior to 

assuming navigation and lookout duties, 

a component of which will be training 

on marine mammal sighting/reporting 

and vessel strike avoidance measures. 

Crew training of LNGRV personnel will 

stress individual responsibility for 

marine mammal awareness and 

reporting. 

If a marine mammal is sighted by a 

crew member, an immediate notification 

will be made to the Person-in-Charge on 

board the vessel and the Northeast Port 

Manager, who will ensure that the 

required vessel strike avoidance 

measures and reporting procedures are 

followed. 

For activities related to the Algonquin 

Pipeline Lateral O&M, two qualified 

Maine Mammal Observers (MMOs) will 

be assigned to each DP vessel (each 

operating individually in designated 

shifts to accommodate adequate rest 


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schedules). Their responsibility is to 

watch for marine mammals and to alert 

the construction crew supervisor if 

marine mammals are visually detected 

within the most conservatively 

estimated ZOI, within 2 mi (3.31 km) of 

the DP vessel, to allow for mitigating 

responses. MMOs will maintain logs at 

all times while on watch. All personnel 

will have experience in marine mammal 

detection and observation during 

marine construction. MMOs will 

maintain in situ records while on watch 

and therefore visual observation will not 

be affected. Additional MMOs may be 

assigned to additional vessels if autodetection buoy (AB) data show sound 

levels from additional vessels in excess 

of 120 dB re 1 microPa, further than 100 

m (328 ft) from the vessel. 

Each MMO will scan the area 

surrounding the construction vessels for 

visual signs of non-vocalizing whales 

that may enter the construction area. 

Observations will take place from the 

highest available vantage point on the 

vessels. General 360° scanning will 

occur during the monitoring periods, 

and target scanning by the observer will 

occur when alerted of a whale presence. 

Searching will take place at all hours 

of the day. Night-time observations will 

be conducted with the aid of a nightvision scope where practical. Observers, 

using binoculars, will estimate distances 

to marine mammals either visually or by 

using reticled binoculars. If higher 

vantage points (> 25 ft or 7.6 m) are 

available, distances can be measured 

using inclinometers. Position data will 

be recorded using hand-held or vessel 

global positioning system (GPS) units 

for each sighting, vessel position 

change, and any environmental change. 

Environmental data to be collected 

will include Beaufort sea state, wind 

speed, wind direction, ambient 

temperature, precipitation, glare, and 

percent cloud cover. Wind and 

temperature data will be extracted from 

onboard meteorological stations (when 

available). Animal data to be collected 

include numbers of individuals, species, 

position, distance, behavior, direction of 

movement, and apparent reaction to 

construction activity. All data will be 

entered at the time of observation. Notes 

of activities will be kept and a daily 

report will be prepared and attached to 

the daily field form. 

In addition, Northeast Gateway and 

Algonquin must ensure that vessel 

captains understand that noise 

generated from thrusters during DP is 

the most likely source of a ‘‘take’’ to 

North Atlantic right whale, therefore, 

DP vessel captains shall focus on 

reducing thruster power to the 

maximum extent practicable, taking into 

account diver safety. Likewise, vessel 

captains shall shut down thrusters 

whenever they are not needed. 

In addition to visual monitoring, the 

Northeast Gateway and Algonquin shall 

work with NMFS, the Stellwagen Bank 

National Marine Sanctuary (SBNMS), 

and other scientists to install a passive 

acoustic detection system for detecting 

marine mammals within the project 

area, and provide early warnings for 

potential occurrence of right whales and 

other marine mammals in the vicinity of 

the project area. The number of passive 

acoustic detection buoys installed 

around the activity site will be 

commensurate with the type and spatial 

extent of maintenance/repair work 

required, but must be sufficient to detect 

vocalizing right whales within the 120– 

dB impact zone. The holder of this 

authorization shall provide empirically 

measured source level data from the 

acoustic recording units deployed in the 

LNG Port maintenance and repair area 

in a reasonable time to NMFS. 

Distance and Noise Level for Cut-Off 

For all whales near DP vessels, the 

MMO observation will be the principal 

detection tool available. If a North 

Atlantic right whale or other marine 

mammal is seen within the 2 mi (3.31 

km) ZOI of a DP vessel or other 

construction vessel that has been shown 

to emit noises in excess of 120 dB re 1 

microPa, then the MMO will alert the 

construction crew to minimize the use 

of thrusters until the animal has moved 

away unless there are divers in the 

water or an ROV is deployed. 

During Algonquin Pipeline Lateral 

O&M, the following procedures would 

be followed upon detection of a marine 

mammal within 0.5 mi (0.8 km) of the 

repair vessels: 

(1) The vessel superintendent or ondeck supervisor will be notified 

immediately. The vessel’s crew will be 

put on a heightened state of alert. The 

marine mammal will be monitored 

constantly to determine if it is moving 

toward the Pipeline Lateral repair area. 

The observer is required to report all 

North Atlantic right whale sightings to 

NMFS, as soon as possible. 

(2) If a marine mammal other than a 

right whale is sighted within or 

approaching at a distance of 100 yd (91 

m), or if a right whale is sighted within 

or approaching to a distance of 500 yd 

(457 m) from the operating construction 

vessel and the nature of the repair 

activity at the time would not 

compromise either the health and safety 

of divers on the bottom or the integrity 

of the pipeline, construction vessel(s) 

will cease any movement and cease all 

activities that emit sounds reaching a 

received level of 120 dB re 1 microPa or 

higher as soon as practicable. The backcalculated source level, based on the 

most conservative cylindrical model of 

acoustic energy spreading, is estimated 

to be 139 dB re 1 microPa. Vessels 

transiting the repair area will also be 

required to maintain these separation 

distances. 

(3) Repair work may resume after the 

marine mammal is positively 

reconfirmed outside the established 

zones (either 500 yd (457 m) or 100 yd 

(91 m), depending upon species). 

Vessel Strike Avoidance 

(1) All LNGRVs approaching or 

departing the port will comply with the 

Mandatory Ship Reporting (MSR) 

system to keep apprised of Dynamic 

Management Areas (DMAs) in the 

vicinity. Vessel operators will also 

receive active detections from an 

existing passive acoustic array prior to 

and during transit through the northern 

portion of the Boston TSS where the 

buoys are installed. 

(2) In response to active right whale 

sightings or DMAs (detected 

acoustically or reported through other 

means such as the MSR or Sighting 

Advisory System (SAS)), and taking into 

account safety and weather conditions, 

LNGRVs will take appropriate actions to 

minimize the risk of striking whales, 

including reducing speed to 10 knots or 

less and alerting personnel responsible 

for navigation and lookout duties to 

concentrate their efforts. 

(3) LNGRVs will maintain speeds of 

12 knots or less while in the TSS until 

reaching the vicinity of the buoys 

(except during the seasons and areas 

defined below, when speed will be 

limited to 10 knots or less). At 1.86 mi 

(3 km) from the NEG port, speed will be 

reduced to 3 knots, and to less than 1 

knot at 1,640 ft (500 m) from the buoy. 

(4) LNGRVs will reduce transit speed 

to 10 knots or less over ground yearround in all waters bounded by straight 

lines connecting the following points in 

the order stated below. This area is 

known as the Off Race Point Seasonal 

Management Area (SMA) and tracks 

NMFS regulations at 50 CFR 224.105: 

42°30′00.0′′ N–069°45′00.0′′ W; thence 

to 42°30′00.0′′ N–070°30′00.0′′ W; thence 

to 42°12′00.0′′ N–070°30′00.0′′ W; thence 

to 42°12′00.0′′ N–070°12′00.0′′ W; thence 

to 42°04′56.5′′ N–070°12′00.0′′ W; thence 

along charted mean high water line and 

inshore limits of COLREGS limit to a 

latitude of 41°40′00.0′′ N; thence due 

east to 41°41′00.0′′ N–069°45′00.0′′ W; 

thence back to starting point. 

(5) LNGRVs will reduce transit speed 

to 10 knots or less over ground from 

April 1–July 31 in all waters bounded 


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by straight lines connecting the 

following points in the order stated 

below. This area is also known as the 

Great South Channel SMA and tracks 

NMFS regulations at 50 CFR 224.105: 

42°30′00.0′′ N–69°45′00.0′′ W 

41°40′00.0′′ N– 69°45′00.0′′ W 

41°00′00.0′′ N– 69°05′00.0′′ W 

42°09′00.0′′ N– 67°08′24.0′′ W 

42°30′00.0′′ N– 67°27′00.0′′ W 

42°30′00.0′′ N– 69°45′00.0′′ W 

(6) LNGRVs are not expected to transit 

Cape Cod Bay. However, in the event 

transit through Cape Cod Bay is 

required, LNGRVs will reduce transit 

speed to 10 knots or less over ground 

from January 1–May 15 in all waters in 

Cape Cod Bay, extending to all 

shorelines of Cape Cod Bay, with a 

northern boundary of 42°12′00.0′′ N 

latitude. 

(7) While under way, all repair/ 

maintenance vessels must remain 500 

yd (457 m) away from right whales and 

100 yd (91 m) away from all other 

whales to the extent physically feasible, 

given navigational constraints as 

required by NMFS. 

(8) All repair/maintenance vessels 

greater than or equal to 300 gross tons 

must maintain a speed of 10 knots or 

less. Vessels of less than 300 gross tons 

carrying supplies or crew between the 

shore and the construction site shall 

contact the Mandatory Ship Reporting 

(MSR) system, the USCG, or the 

construction site before leaving shore 

for reports of recent right whale 

sightings or active DMAs and, 

consistent with navigation safety, 

restrict speeds to 10 knots or less within 

5 mi (8 km) of any sighting location and 

within any existing DMA. 

(9) Vessels transiting through the 

Cape Cod Canal and Cape Cod Bay 

between January 1 and May 15 must 

reduce speed to 10 knots or less, follow 

the recommended routes charted by 

NMFS to reduce interactions between 

right whales and shipping traffic, and 

avoid identified aggregations of right 

whales in the eastern portion of Cape 

Cod Bay. 

Research Passive Acoustic Monitoring 

(PAM) Program 

Northeast Gateway shall monitor the 

noise environment in Massachusetts 

Bay in the vicinity of the NEG Port and 

Algonquin Pipeline Lateral using an 

array of 19 Marine Autonomous 

Recording Units (MARUs) that were 

deployed initially in April 2007 to 

collect data during the preconstruction 

and active construction phases of the 

NEG Port and Algonquin Pipeline 

Lateral. A description of the MARUs can 

be found in Appendix A of the NEG 

application. These 19 MARUs will 

remain in the same configuration during 

full operation of the NEG Port and 

Algonquin Pipeline Lateral. The MARUs 

collect archival noise data and are not 

designed to provide real-time or nearreal-time information about vocalizing 

whales. Rather, the acoustic data 

collected by the MARUs shall be 

analyzed to document the seasonal 

occurrences and overall distributions of 

whales (primarily fin, humpback, and 

right whales) within approximately 10 

nautical miles of the NEG Port, and 

shall measure and document the noise 

‘‘budget’’ of Massachusetts Bay so as to 

eventually assist in determining 

whether an overall increase in noise in 

the Bay associated with the NEG Port 

and Algonquin Pipeline Lateral might 

be having a potentially negative impact 

on marine mammals. The overall intent 

of this system is to provide better 

information for both regulators and the 

general public regarding the acoustic 

footprint associated with long-term 

operation of the NEG Port and 

Algonquin Pipeline Lateral in 

Massachusetts Bay, and the distribution 

of vocalizing marine mammals during 

NEG Port and Algonquin Pipeline 

Lateral O&M activities (analyzed to 

assess impacts on marine mammals). In 

addition to the 19 MARUs, Northeast 

Gateway will deploy 10 ABs within the 

TSS for the operational life of the NEG 

Port and Algonquin Pipeline Lateral. A 

description of the ABs is provided in 

Appendix A of this NEG and 

Algonquin’s application. The purpose of 

the ABs shall be to detect a calling 

North Atlantic right whale an average of 

5 nm (9.26 km) from each AB (detection 

ranges will vary based on ambient 

underwater conditions). The AB system 

shall be the primary detection 

mechanism that alerts the LNGRV 

Master and/or Algonquin Pipeline 

support vessel captains to the 

occurrence of right whales, heightens 

LNGRV or pipeline support vessel 

awareness, and triggers necessary 

mitigation actions as described in the 

Marine Mammal Detection, Monitoring, 

and Response Plan included as 

Appendix A of the NEG application. 

Northeast Gateway has engaged 

representatives from Cornell 

University’s Bioacoustics Research 

Program (BRP) and the Woods Hole 

Oceanographic Institution (WHOI) as 

the consultants for developing, 

implementing, collecting, and analyzing 

the acoustic data; reporting; and 

maintaining the acoustic monitoring 

system. 

Further information detailing the 

deployment and operation of arrays of 

19 passive seafloor acoustic recording 

units (MARUs) centered on the terminal 

site and the 10 ABs that are to be placed 

at approximately 5-m (8.0-km) intervals 

within the recently modified TSS can be 

found in the Marine Mammal Detection, 

Monitoring, and Response Plan 

included as Appendix A of the NEG 

application. 

Additional Mitigation Measures for 

Pipeline Repair During Right Whale 

Season 

All maintenance/repair activities will 

be scheduled to occur between May 1 

and November 30; however, in the event 

of unplanned/emergency repair work 

that cannot be scheduled during the 

preferred May–November work 

window, in addition to the 

aforementioned mitigation measures, 

the following additional mitigation 

measures will be implemented. This is 

because the occurrence of the North 

Atlantic right whale in the vicinity of 

the proposed NEG LNG Port is expected 

to increase between December and 

April. 

(1) Between December 1 and April 30, 

if on-board MMOs do not have at least 

0.5-mile visibility, they shall call for a 

shutdown. If dive operations are in 

progress, then they shall be halted and 

brought on board until visibility is 

adequate to see a half mile range. At the 

time of shutdown, the use of thrusters 

must be minimized. If there are 

potential safety problems due to the 

shutdown, the captain will decide what 

operations can safely be shut down. 

(2) Prior to leaving the dock to begin 

transit, the barge will contact one of the 

MMOs on watch to receive an update of 

sightings within the visual observation 

area. If the MMO has observed a North 

Atlantic right whale within 30 minutes 

of the transit start, the vessel will hold 

for 30 minutes and again get a clearance 

to leave from the MMOs on board. 

MMOs will assess whale activity and 

visual observation ability at the time of 

the transit request to clear the barge for 

release. 

(3) A half-day training course will be 

provided by the current MMO provider 

to designated crew members assigned to 

the transit barges and other support 

vessels. These designated crew members 

will be required to keep watch on the 

bridge and immediately notify the 

navigator of any whale sightings. All 

watch crew will sign into a bridge log 

book upon start and end of watch. 

Transit route, destination, sea 

conditions and any protected species 

sightings/mitigation actions during 

watch will be recorded in the log book. 

Any whale sightings within 1,000 m of 

the vessel will result in a high alert and 

slow speed of 4 knots or less and a 


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Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 45621 

sighting within 750 m will result in idle 

speed and/or ceasing all movement. 

(4) The material barges and tugs used 

in repair and maintenance shall transit 

from the operations dock to the work 

sites during daylight hours when 

possible provided the safety of the 

vessels is not compromised. Should 

transit at night be required, the 

maximum speed of the tug will be 5 

knots. 

(5) Consistent with navigation safety, 

all repair vessels must maintain a speed 

of 10 knots or less during daylight 

hours. All vessels will operate at 5 knots 

or less at all times within 5 km of the 

repair area. 

Reporting 

For any repair work associated with 

the Pipeline Lateral or other Port 

components, the holder of this 

authorization shall notify NMFS 

Headquarters Office of the Protected 

Resources, NMFS Northeast Regional 

Office, and SBNMS as soon as 

practicable after it is determined that 

repair work must be conducted. NEG/ 

Algonquin shall continue to keep 

NOAA/NMFS apprised of repair work 

plans as further details (the time, 

location, and nature of the repair) 

become available. 

During maintenance and repair of the 

Pipeline Lateral or other Port 

components, weekly status reports must 

be provided to NMFS using 

standardized reporting forms. The 

weekly reports should include data 

collected for each distinct marine 

mammal species observed in the project 

area in the Massachusetts Bay during 

the period of Port maintenance and 

repair activities. The weekly reports 

shall include the following information: 

(1) Location, time, and the nature of 

the Pipeline Lateral maintenance and 

repair activities; 

(2) Whether DP system is operated 

and, if so, the number of thrusters being 

used and the time and duration of DP 

operation; 

(3) Marine mammals observed in the 

area (numbers of individuals, species, 

age group, and initial behavior); 

(4) The distance of observed marine 

mammals from the maintenance and 

repair activities; 

(5) Whether there are changes of 

marine mammal behaviors during the 

observation; 

(6) Whether any mitigation measures 

(power-down, shutdown, etc.) are 

implemented; 

(7) Weather condition (Beaufort sea 

state, wind speed, wind direction, 

ambient temperature, precipitation, and 

percent cloud cover etc.); 

(8) Condition of the observation; and 

(Visibility and glare); and 

(9) Details of passive acoustic 

detections and any action taken in 

response to those detections. 

In addition, the Northeast Port Project 

area is within the Mandatory Ship 

Reporting Area (MSRA), so all vessels 

entering and exiting the MSRA will 

report their activities to 

WHALESNORTH. During all phases of 

the Northeast Gateway LNG Port 

operations and the Algonquin Pipeline 

Lateral O&M activities, sightings of any 

injured or dead marine mammals will 

be reported immediately to the USCG or 

NMFS, regardless of whether the injury 

or death is caused by project activities. 

An annual report on marine mammal 

monitoring and mitigation would be 

submitted to NMFS Office of Protected 

Resources and NMFS Northeast 

Regional Office within 90 days after the 

expiration of an LOA. The annual report 

shall include data collected for each 

distinct marine mammal species 

observed in the project area in the 

Massachusetts Bay during the period of 

LNG facility operation. Description of 

marine mammal behavior, overall 

numbers of individuals observed, 

frequency of observation, and any 

behavioral changes and the context of 

the changes relative to operation 

activities shall also be included in the 

annual report. 

ESA 

On February 5, 2007, NMFS 

concluded consultation with MARAD 

and the USCG, under section 7 of the 

ESA, on the proposed construction and 

operation of the Northeast Gateway LNG 

facility and issued a biological opinion 

concluding that the construction and 

operation of the Northeast Gateway LNG 

terminal may adversely affect, but is not 

likely to jeopardize, the continued 

existence of northern right, humpback, 

and fin whales, and is not likely to 

adversely affect sperm, sei, or blue 

whales and Kemp’s ridley, loggerhead, 

green or leatherback sea turtles. 

On November 15, 2007, Northeast 

Gateway and Algonquin submitted a 

letter to NMFS requesting a 

modification to the IHA in effect at the 

time to allow LNG Port construction to 

extend into December 2007. Upon 

reviewing Northeast Gateway’s weekly 

marine mammal monitoring reports 

submitted under the previous IHA, 

NMFS recognized that the take of some 

marine mammals resulting from 

construction of the LNG Port and 

Pipeline Lateral by Level B behavioral 

harassment likely had exceeded the 

original take estimates in the incidental 

take statement (ITS). Therefore, NMFS 

Northeast Region (NER) reinitiated 

consultation with MARAD and USCG 

on the construction and operation of the 

Northeast Gateway LNG facility. On 

November 30, 2007, NMFS NER issued 

a revised biological opinion, reflecting 

the revised construction time period 

and including a revised ITS. This 

revised biological opinion concluded 

that the construction and operation of 

the Northeast Gateway LNG terminal 

may adversely affect, but is not likely to 

jeopardize, the continued existence of 

northern right, humpback, and fin 

whales, and is not likely to adversely 

affect sperm, sei, or blue whales. NMFS 

has concluded that issuance of an IHA 

for the operations of the LNG port 

facility would not have impacts beyond 

what was analyzed in the November 30, 

2007, biological opinion. 

For an IHA that includes Pipeline 

Lateral maintenance and repair 

activities by Algonquin, NMFS 

reinitiated consultation with NMFS 

NER, which is still in process. NMFS 

plans to modify the IHA to include 

maintenance and repair activities once 

the section 7 consultation is completed, 

provided that a non-jeopardy 

determination for ESA-listed species is 

reached. 

NEPA 

MARAD and the USCG released a 

Final EIS/Environmental Impact Report 

(EIR) for the proposed Northeast 

Gateway Port and Pipeline Lateral. A 

notice of availability was published by 

MARAD on October 26, 2006 (71 FR 

62657). The Final EIS/EIR provides 

detailed information on the proposed 

project facilities, construction methods 

and analysis of potential impacts on 

marine mammal. 

NMFS was a cooperating agency (as 

defined by the Council on 

Environmental Quality (40 CFR 1501.6)) 

in the preparation of the Draft and Final 

EISs. NMFS has reviewed the Final EIS 

and has adopted it. Therefore, the 

preparation of another EIS or EA is not 

warranted. 

Determinations 

NMFS has determined that the 

operation and maintenance and repair 

activities of the Northeast Gateway Port 

facility and Pipeline Lateral may result, 

at worst, in a temporary modification in 

behavior of small numbers of certain 

species of marine mammals that may be 

in close proximity to the Northeast 

Gateway LNG facility and associated 

pipeline. These activities are expected 

to result in some local short-term 

displacement only of the affected 

species or stocks of marine mammals. 

Taking these two factors together, NMFS 


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45622 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 

concludes that the activity will have no 

more than a negligible impact on the 

affected species or stocks, as there will 

be no expected effects on annual rates 

of survival and reproduction of these 

species or stocks. This determination is 

further supported by the required 

mitigation, monitoring, and reporting 

measures described in this document. 

As a result of implementation of the 

described mitigation and monitoring 

measures, no take by injury or death 

would be requested, anticipated or 

authorized, and the potential for 

temporary or permanent hearing 

impairment is very unlikely due to the 

relatively low noise levels (and 

consequently small zone of impact 

relative to the size of Massachusetts 

Bay). 

While the number of marine 

mammals that may be harassed will 

depend on the distribution and 

abundance of marine mammals in the 

vicinity of the LNG Port facility, the 

estimated numbers of marine mammals 

to be harassed are small relative to the 

affected species or stock sizes. 

These determinations also apply to an 

IHA issued only for take incidental to 

operations of the Deepwater Port 

facility, which is a subset of the 

activities analyzed in this Federal 

Register Notice of Issuance of an IHA 

and the related Federal Register Notice 

of Proposed Issuance of an IHA. 

Authorization 

NMFS has issued an IHA to Northeast 

Gateway for conducting LNG Port 

facility operations in Massachusetts 

Bay, provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. NMFS 

plans to modify the IHA to include 

Pipeline Lateral operations and 

maintenance/repair activities by 

Algonquin once the ESA section 7 

consultation is completed, provided that 

a non-jeopardy determination for ESAlisted species is reached. 

Dated: August 28, 2009. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. E9–21328 Filed 9–2–09; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF EDUCATION 

Notice of Proposed Information 

Collection Request 

AGENCY: Department of Education. 

ACTION: Correction notice. 

SUMMARY: On August 27, 2009, the 

Department of Education published a 

comment period notice in the Federal 

Register (Page 43686, Column 3) for the 

emergency information collection, ‘‘I 

Am What I Learn.’’ The number burden 

hours is hereby corrected to 2,667. The 

Director, Regulatory Information 

Management Services, Office of 

Management, hereby issues a correction 

notice as required by the Paperwork 

Reduction Act of 1995. 

Dated: August 28, 2009. 

Angela C. Arrington, 

Director, Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of Management. 

[FR Doc. E9–21202 Filed 9–2–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF EDUCATION 

Call for Nominations for Service as a 

Member of the National Assessment 

Governing Board 

AGENCY: U.S. Department of Education, 

National Assessment Governing Board. 

SUMMARY: The Secretary of Education, 

the Honorable Arne Duncan, and the 

National Assessment Governing Board 

seek your assistance in identifying 

qualified individuals to serve as 

members of the Governing Board for 

service terms beginning October 1, 2010. 

SUPPLEMENTARY INFORMATION: The 

National Assessment Governing Board 

is established under section 412 of the 

National Education Statistics Act of 

1994, as amended. In 1988 Congress 

passed legislation creating the Board, 

which is responsible for setting policy 

for the National Assessment of 

Educational Progress (NAEP)—also 

known as The Nation’s Report Card. The 

legislation has been amended and 

reauthorized several times since 1988, 

most recently in 2002. The statute 

provides that ‘‘* * * the Secretary and 

the Assessment Board shall ensure at all 

times that the membership of the 

Assessment Board reflects regional, 

racial, gender and cultural balance and 

diversity—and that the Assessment 

Board exercises its independent 

judgment, free from inappropriate 

influences and special interests.’’ 

Currently, the Board is comprised of 26 

members who are widely representative 

of our nation and who serve four-year 

terms. More detailed material about the 

Governing Board and NAEP is available 

at http://www.nagb.org. 

As Board member vacancies occur, 

new members are appointed by the 

Secretary from among candidates 

forwarded to the Secretary by the Board. 

The Board solicits nominees via broad 

outreach to organizations, and 

individuals. For each vacant position, 

the Board nominates six persons who, 

by reason of experience or training, are 

qualified to serve as a Board member in 

a particular category. 

For 2010 the Board must nominate 

candidates for five positions in the 

following five categories: 

1. Chief State School Officer 

2. Fourth Grade Teacher 

3. Eighth Grade Teacher 

4. General Public/Parent 

5. Secondary School Principal 

The Board invites nominations of 

potential candidates in one or more of 

the five categories listed above. For the 

Board to consider a candidate, it is 

essential to have the following 

information for each individual being 

nominated: 

Nominating letter. This letter should 

state the category for which the 

individual is being nominated, and 

describe the candidate’s qualifications 

as they relate to the Board’s policy 

responsibilities for the National 

Assessment of Educational Progress. 

Full resume or curriculum vitae. A 

full resume or vitae is necessary to 

evaluate a candidate’s qualifications. 

Please note that a short biographical 

sketch is not sufficient for this purpose. 

To receive full consideration, all 

recommendations must be received by 

the Governing Board no later than 

September 30, 2009. The Board is 

seeking the very best nominees to 

recommend to the Secretary, and in 

doing so, to have the broadest possible 

representation. Current members of the 

Board who have not completed two full 

terms, and who are otherwise eligible, 

may be re-nominated. 

Board members are considered special 

Federal employees. As such, they 

receive an honorarium while attending 

Board meetings; must abide by 

applicable laws and policies, including 

conflict of interest regulations; and are 

reimbursed for travel and other 

expenses in accordance with Federal 

Travel Regulations. The Board meets 

regularly four times a year, and 

committees of the Board meet at other 

times, as necessary. 

Nominations may be submitted via 

mail, e-mail, or fax to: Dr. Mary Crovo, 

Deputy Executive Director, National 

Assessment Governing Board, 800 North 

Capitol Street, NW., Suite 825, 

Washington, DC 20002–4233, Phone: 

(202) 357–6938, Fax: (202) 357–6945, Email: Mary.Crovo@ed.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mary Crovo, Deputy Executive Director, 

National Assessment Governing Board, 

800 North Capitol Street, NW., Suite 

825, Washington, DC, 20002–4233, 

Telephone: (202) 357–6938. 


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