Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Rules and Regulations 4657 

operators may submit reports by mail, 

fax or e-mail to the Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Room 2103, 400 

Seventh Street, SW., Washington, DC 

20590; fax (202) 366–4566; e-mail, 

roger.little@dot.gov. The information in 

the report must contain all reasonably 

available information related to the 

facility, including information in the 

possession of a third party. The report 

must contain the location, size, date, 

method of abandonment, and a 

certification that the facility has been 

abandoned in accordance with all 

applicable laws. 

(2) [Reserved]. 

■ 6. Section 192.903 is amended by 

adding paragraphs (3) and (4) of ‘‘High 

consequence area’’ to read as follows: 

§ 192.903 What definitions apply to this 

subpart? 

* * * * * 

High consequence area means an area 

established by one of the methods 

described in paragraphs (1) or (2) as 

follows: 

* * * * * 

(3) Where a potential impact circle is 

calculated under either method (1) or (2) 

to establish a high consequence area, the 

length of the high consequence area 

extends axially along the length of the 

pipeline from the outermost edge of the 

first potential impact circle that 

contains either an identified site or 20 

or more buildings intended for human 

occupancy to the outermost edge of the 

last contiguous potential impact circle 

that contains either an identified site or 

20 or more buildings intended for 

human occupancy. (See Figure E.I.A. in 

Appendix E.) 

(4) If in identifying a high 

consequence area under paragraph 

(1)(iii) of this definition or paragraph 

(2)(i) of this definition, the radius of the 

potential impact circle is greater than 

660 feet (200 meters), the operator may 

identify a high consequence area based 

on a prorated number of buildings 

intended for human occupancy with a 

distance of 660 feet (200 meters) from 

the centerline of the pipeline until 

December 17, 2006. If an operator 

chooses this approach, the operator 

must prorate the number of buildings 

intended for human occupancy based 

on the ratio of an area with a radius of 

660 feet (200 meters) to the area of the 

potential impact circle (i.e., the prorated 

number of buildings intended for 

human occupancy is equal to 20 × (660 

feet) [or 200 meters]/potential impact 

radius in feet [or meters] 2). 

* * * * * 

■ 7. Paragraphs (1), (2), and (3) of 

§ 192.949 are redesignated to read as (a), 

(b), (c) and the section heading is 

revised: 

§ 192.949 How does an operator notify 

PHMSA? 

* * * * * 

(a) Sending the notification to the 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Room 2103, 400 

Seventh Street, SW., Washington, DC 

20590; 

(b) Sending the notification by fax to 

(202) 366–4566; or 

(c) Entering the information directly 

on the Integrity Management Database 

(IMDB) Web site at http:// 

primis.phmsa.dot.gov/gasimp/. 

■ 8. Paragraphs (1), (2), and (3) of 

§ 192.951 are redesignated to read as (a), 

(b), and (c): 

§ 192.951 Where does an operator file a 

report? 

* * * * * 

(a) By mail to the Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Room 2103, 400 

Seventh Street SW., Washington, DC 

20590; 

(b) Via fax to (202) 366–4566; or 

(c) Through the online reporting 

system provided by PHMSA for 

electronic reporting available at the 

PHMSA Home Page at http:// 

phmsa.dot.gov. 

PART 195—[AMENDED] 

■ 1. The authority citation for part 195 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60104, 

60108, 60109, 60118; and 49 CFR 1.53. 

■ 2. Paragraph (a) and the section 

heading of § 195.59 is revised and 

paragraph (b) is removed, to read as 

follows: 

§ 195.59 Abandonment or deactivation of 

facilities. 

* * * * * 

(a) The preferred method to submit 

data on pipeline facilities abandoned 

after October 10, 2000 is to the National 

Pipeline Mapping System (NPMS) in 

accordance with the NPMS ‘‘Standards 

for Pipeline and Liquefied Natural Gas 

Operator Submissions.’’ To obtain a 

copy of the NPMS Standards, please 

refer to the NPMS homepage at http:// 

www.npms.phmsa.dot.gov or contact the 

NPMS National Repository at 703–317–

3073. A digital data format is preferred, 

but hard copy submissions are 

acceptable if they comply with the 

NPMS Standards. In addition to the 

NPMS-required attributes, operators 

must submit the date of abandonment, 

diameter, method of abandonment, and 

certification that, to the best of the 

operator’s knowledge, all of the 

reasonably available information 

requested was provided and, to the best 

of the operator’s knowledge, the 

abandonment was completed in 

accordance with applicable laws. Refer 

to the NPMS Standards for details in 

preparing your data for submission. The 

NPMS Standards also include details of 

how to submit data. Alternatively, 

operators may submit reports by mail, 

fax or e-mail to the Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Room 2103, 400 

Seventh Street, SW., Washington, DC 

20590; fax (202) 366–4566; e-mail, 

roger.little@dot.gov. The information in 

the report must contain all reasonably 

available information related to the 

facility, including information in the 

possession of a third party. The report 

must contain the location, size, date, 

method of abandonment, and a 

certification that the facility has been 

abandoned in accordance with all 

applicable laws. 

(b) [Reserved]. 

Issued in Washington, DC on January 24, 

2007. 

Stacey L. Gerard, 

Acting Deputy Administrator. 

[FR Doc. E7–1652 Filed 1–31–07; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 030221039–7021–39; I.D. 

012507B] 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: The Assistant Administrator 

for Fisheries (AA), NOAA, announces 

temporary restrictions consistent with 

the requirements of the Atlantic Large 

Whale Take Reduction Plan’s 

(ALWTRP) implementing regulations. 

These regulations apply to lobster trap/ 

pot and anchored gillnet fishermen in 


rmajette on PROD1PC67 with RULES
4658 Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Rules and Regulations 

an area totaling approximately 2,185 

nm2 (7,494 km2), east of Portland, ME 

for 15 days. The purpose of this action 

is to provide protection to an 

aggregation of northern right whales 

(right whales). 

DATES: Effective beginning at 0001 hours 

February 5, 2007, through 2400 hours 

February 20, 2007. 

ADDRESSES: Copies of the proposed and 

final Dynamic Area Management (DAM) 

rules, Environmental Assessments 

(EAs), Atlantic Large Whale Take 

Reduction Team (ALWTRT) meeting 

summaries, and progress reports on 

implementation of the ALWTRP may 

also be obtained by writing Diane 

Borggaard, NMFS/Northeast Region, 

One Blackburn Drive, Gloucester, MA 

01930. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS/Northeast 

Region, 978–281–9300 x6503; or Kristy 

Long, NMFS, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the ALWTRP and the take reduction 

planning process can be downloaded 

from the ALWTRP web site at http:// 

www.nero.noaa.gov/whaletrp/. 

Background 

The ALWTRP was developed 

pursuant to section 118 of the Marine 

Mammal Protection Act (MMPA) to 

reduce the incidental mortality and 

serious injury of three endangered 

species of whales (right, fin, and 

humpback) due to incidental interaction 

with commercial fishing activities. In 

addition, the measures identified in the 

ALWTRP would provide conservation 

benefits to a fourth species (minke), 

which are neither listed as endangered 

nor threatened under the Endangered 

Species Act (ESA). The ALWTRP, 

implemented through regulations 

codified at 50 CFR 229.32, relies on a 

combination of fishing gear 

modifications and time/area closures to 

reduce the risk of whales becoming 

entangled in commercial fishing gear 

(and potentially suffering serious injury 

or mortality as a result). 

On January 9, 2002, NMFS published 

the final rule to implement the 

ALWTRP’s DAM program (67 FR 1133). 

On August 26, 2003, NMFS amended 

the regulations by publishing a final 

rule, which specifically identified gear 

modifications that may be allowed in a 

DAM zone (68 FR 51195). The DAM 

program provides specific authority for 

NMFS to restrict temporarily on an 

expedited basis the use of lobster trap/ 

pot and anchored gillnet fishing gear in 

areas north of 40° N. lat. to protect right 

whales. Under the DAM program, 

NMFS may: (1) require the removal of 

all lobster trap/pot and anchored gillnet 

fishing gear for a 15-day period; (2) 

allow lobster trap/pot and anchored 

gillnet fishing within a DAM zone with 

gear modifications determined by NMFS 

to sufficiently reduce the risk of 

entanglement; and/or (3) issue an alert 

to fishermen requesting the voluntary 

removal of all lobster trap/pot and 

anchored gillnet gear for a 15-day period 

and asking fishermen not to set any 

additional gear in the DAM zone during 

the 15-day period. 

A DAM zone is triggered when NMFS 

receives a reliable report from a 

qualified individual of three or more 

right whales sighted within an area (75 

nm2 (139 km2)) such that right whale 

density is equal to or greater than 0.04 

right whales per nm2 (1.85 km2). A 

qualified individual is an individual 

ascertained by NMFS to be reasonably 

able, through training or experience, to 

identify a right whale. Such individuals 

include, but are not limited to, NMFS 

staff, U.S. Coast Guard and Navy 

personnel trained in whale 

identification, scientific research survey 

personnel, whale watch operators and 

naturalists, and mariners trained in 

whale species identification through 

disentanglement training or some other 

training program deemed adequate by 

NMFS. A reliable report would be a 

credible right whale sighting. 

On January 22, 2007, an aerial survey 

reported a sighting of thirty right whales 

in the proximity 43° 22′ N. lat. and 68° 

21′ W. long. This position lies east of 

Portland, Maine. After conducting an 

investigation, NMFS ascertained that 

the report came from a qualified 

individual and determined that the 

report was reliable. Thus, NMFS has 

received a reliable report from a 

qualified individual of the requisite 

right whale density to trigger the DAM 

provisions of the ALWTRP. 

Once a DAM zone is triggered, NMFS 

determines whether to impose 

restrictions on fishing and/or fishing 

gear in the zone. This determination is 

based on the following factors, 

including but not limited to: the 

location of the DAM zone with respect 

to other fishery closure areas, weather 

conditions as they relate to the safety of 

human life at sea, the type and amount 

of gear already present in the area, and 

a review of recent right whale 

entanglement and mortality data. 

NMFS has reviewed the factors and 

management options noted above 

relative to the DAM under 

consideration. As a result of this review, 

NMFS prohibits lobster trap/pot and 

anchored gillnet gear in this area during 

the 15–day restricted period unless it is 

modified in the manner described in 

this temporary rule. 

The DAM Zone is bound by the 

following coordinates: 

43° 48′ N., 68° 55′ W. (NW Corner) 

43° 48′ N., 67° 51′ W. 

43° 01′ N., 67° 51′ W. 

43° 01′ N., 68° 55′ W. 

43° 48′ N., 68° 55′ W. (NW Corner) 

In addition to those gear 

modifications currently implemented 

under the ALWTRP at 50 CFR 229.32, 

the following gear modifications are 

required in the DAM zone. If the 

requirements and exceptions for gear 

modification in the DAM zone, as 

described below, differ from other 

ALWTRP requirements for any 

overlapping areas and times, then the 

more restrictive requirements will apply 

in the DAM zone. 

Lobster Trap/Pot Gear 

Fishermen utilizing lobster trap/pot 

gear within the portion of the Northern 

Inshore State Lobster Waters and 

Northern Nearshore Lobster Waters that 

overlap with the DAM zone are required 

to utilize all of the following gear 

modifications while the DAM zone is in 

effect: 

1. Groundlines must be made of either 

sinking or neutrally buoyant line. 

Floating groundlines are prohibited; 

2. All buoy lines must be made of 

either sinking or neutrally buoyant line, 

except the bottom portion of the line, 

which may be a section of floating line 

not to exceed one-third the overall 

length of the buoy line; 

3. Fishermen are allowed to use two 

buoy lines per trawl; and 

4. A weak link with a maximum 

breaking strength of 600 lb (272.4 kg) 

must be placed at all buoys. 

Fishermen utilizing lobster trap/pot 

gear within the portion of the Offshore 

Lobster Waters Area that overlap with 

the DAM zone are required to utilize all 

of the following gear modifications 

while the DAM zone is in effect: 

1. Groundlines must be made of either 

sinking or neutrally buoyant line. 

Floating groundlines are prohibited; 

2. All buoy lines must be made of 

either sinking or neutrally buoyant line, 

except the bottom portion of the line, 

which may be a section of floating line 

not to exceed one-third the overall 

length of the buoy line; 

3. Fishermen are allowed to use two 

buoy lines per trawl; and 

4. A weak link with a maximum 

breaking strength of 1,500 lb (680.4 kg) 

must be placed at all buoys. 


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Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Rules and Regulations 4659 

Anchored Gillnet Gear 

Fishermen utilizing anchored gillnet 

gear within the portions of the Other 

Northeast Gillnet Waters Area that 

overlaps with the DAM zone are 

required to utilize all the following gear 

modifications while the DAM zone is in 

effect: 

1. Groundlines must be made of either 

sinking or neutrally buoyant line. 

Floating groundlines are prohibited; 

2. All buoy lines must be made of 

either sinking or neutrally buoyant line, 

except the bottom portion of the line, 

which may be a section of floating line 

not to exceed one-third the overall 

length of the buoy line; 

3. Fishermen are allowed to use two 

buoy lines per string; 

4. Each net panel must have a total of 

five weak links with a maximum 

breaking strength of 1,100 lb (498.8 kg). 

Net panels are typically 50 fathoms 

(91.4 m) in length, but the weak link 

requirements would apply to all 

variations in panel size. These weak 

links must include three floatline weak 

links. The placement of the weak links 

on the floatline must be: one at the 

center of the net panel and one each as 

close as possible to each of the bridle 

ends of the net panel. The remaining 

two weak links must be placed in the 

center of each of the up and down lines 

at the panel ends; 

5. A weak link with a maximum 

breaking strength of 1,100 lb (498.8 kg) 

must be placed at all buoys; and 

6. All anchored gillnets, regardless of 

the number of net panels, must be 

securely anchored with the holding 

power of at least a 22 lb (10.0 kg) 

Danforth-style anchor at each end of the 

net string. 

The restrictions will be in effect 

beginning at 0001 hours February 5, 

2007, through 2400 hours February 20, 

2007, unless terminated sooner or 

extended by NMFS through another 

notification in the Federal Register. 

The restrictions will be announced to 

state officials, fishermen, ALWTRT 

members, and other interested parties 

through e-mail, phone contact, NOAA 

website, and other appropriate media 

immediately upon issuance of the rule 

by the AA. 

Classification 

In accordance with section 118(f)(9) of 

the MMPA, the Assistant Administrator 

(AA) for Fisheries has determined that 

this action is necessary to implement a 

take reduction plan to protect North 

Atlantic right whales. 

Environmental Assessments for the 

DAM program were prepared on 

December 28, 2001, and August 6, 2003. 

This action falls within the scope of the 

analyses of these EAs, which are 

available from the agency upon request. 

NMFS provided prior notice and an 

opportunity for public comment on the 

regulations establishing the criteria and 

procedures for implementing a DAM 

zone. Providing prior notice and 

opportunity for comment on this action, 

pursuant to those regulations, would be 

impracticable because it would prevent 

NMFS from executing its functions to 

protect and reduce serious injury and 

mortality of endangered right whales. 

The regulations establishing the DAM 

program are designed to enable the 

agency to help protect unexpected 

concentrations of right whales. In order 

to meet the goals of the DAM program, 

the agency needs to be able to create a 

DAM zone and implement restrictions 

on fishing gear as soon as possible once 

the criteria are triggered and NMFS 

determines that a DAM restricted zone 

is appropriate. If NMFS were to provide 

prior notice and an opportunity for 

public comment upon the creation of a 

DAM restricted zone, the aggregated 

right whales would be vulnerable to 

entanglement which could result in 

serious injury and mortality. 

Additionally, the right whales would 

most likely move on to another location 

before NMFS could implement the 

restrictions designed to protect them, 

thereby rendering the action obsolete. 

Therefore, pursuant to 5 U.S.C. 

553(b)(B), the AA finds that good cause 

exists to waive prior notice and an 

opportunity to comment on this action 

to implement a DAM restricted zone to 

reduce the risk of entanglement of 

endangered right whales in commercial 

lobster trap/pot and anchored gillnet 

gear as such procedures would be 

impracticable. 

For the same reasons, the AA finds 

that, under 5 U.S.C. 553(d)(3), good 

cause exists to waive the 30–day delay 

in effective date. If NMFS were to delay 

for 30 days the effective date of this 

action, the aggregated right whales 

would be vulnerable to entanglement, 

which could cause serious injury and 

mortality. Additionally, right whales 

would likely move to another location 

between the time NMFS approved the 

action creating the DAM restricted zone 

and the time it went into effect, thereby 

rendering the action obsolete and 

ineffective. Nevertheless, NMFS 

recognizes the need for fishermen to 

have time to either modify or remove (if 

not in compliance with the required 

restrictions) their gear from a DAM zone 

once one is approved. Thus, NMFS 

makes this action effective 2 days after 

the date of publication of this document 

in the Federal Register. NMFS will also 

endeavor to provide notice of this action 

to fishermen through other means upon 

issuance of the rule by the AA, thereby 

providing approximately 3 additional 

days of notice while the Office of the 

Federal Register processes the 

document for publication. 

NMFS determined that the regulations 

establishing the DAM program and 

actions such as this one taken pursuant 

to those regulations are consistent to the 

maximum extent practicable with the 

enforceable policies of the approved 

coastal management program of the U.S. 

Atlantic coastal states. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act. Following state 

review of the regulations creating the 

DAM program, no state disagreed with 

NMFS’ conclusion that the DAM 

program is consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program for that state. 

The DAM program under which 

NMFS is taking this action contains 

policies with federalism implications 

warranting preparation of a federalism 

assessment under Executive Order 

13132. Accordingly, in October 2001 

and March 2003, the Assistant Secretary 

for Intergovernmental and Legislative 

Affairs, Department of Commerce, 

provided notice of the DAM program 

and its amendments to the appropriate 

elected officials in states to be affected 

by actions taken pursuant to the DAM 

program. Federalism issues raised by 

state officials were addressed in the 

final rules implementing the DAM 

program. A copy of the federalism 

Summary Impact Statement for the final 

rules is available upon request 

(ADDRESSES). 

The rule implementing the DAM 

program has been determined to be not 

significant under Executive Order 

12866. 

Authority: 16 U.S.C. 1361 et seq. and 50 

CFR 229.32(g)(3) 

Dated: January 26, 2007. 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–441 Filed 1–29–07; 2:25 pm] 

BILLING CODE 3510–22–S 


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