Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Notices 30093 

been seen within the EZ for 10 minutes 

in the case of small odontocetes and 

pinnipeds; or (3) has not been seen 

within the EZ for 15 minutes in the case 

of mysticetes and large odontocetes, 

including sperm, pygmy sperm, dwarf 

sperm, and beaked whales. 

The 10– and 15–min periods specified 

in (2) and (3), above, are shorter than 

would be used in a large-source project 

given the small 180 and 190 dB (rms) 

radii for the two GI guns. GI gun 

operations will be able to resume 

following a shut-down during either the 

day or night, as the relatively small 

exclusion zone(s) will normally be 

visible even at night (see section VIII of 

UTIG’s application). 

Minimize Approach to Slopes and 

Submarine Canyons – Although 

sensitivity of beaked whales to airguns 

is not specifically known, they appear to 

be sensitive to other sound sources (e.g., 

mid-frequency sonar; see section IV of 

UTIG’s application). Beaked whales 

tend to concentrate in continental slope 

areas, and in areas where there are 

submarine canyons. Avoidance of 

airgun operations over or near 

submarine canyons where practicable 

has become a standard mitigation 

measure, but there are no submarine 

canyons within or near the study area. 

Also, airgun operations are not planned 

over slope sites during the proposed 

survey. 

Reporting 

A report will be submitted to NMFS 

within 90 days after the end of the 

cruise. The report will describe the 

operations that were conducted and 

sightings of the marine mammals that 

were detected near the operations. The 

report will be submitted to NMFS, 

providing full documentation of 

methods, results, and interpretation 

pertaining to all monitoring. The 90–day 

report will summarize the dates and 

locations of seismic operations, all 

marine mammal and turtle sightings 

(dates, times, locations, activities, 

associated seismic survey activities). 

The report will also include estimates of 

the amount and nature of potential 

‘‘take’’ of marine mammals by 

harassment or in other ways. 

ESA 

Under section 7 of the ESA, the NSF 

has begun informal consultation on this 

proposed seismic survey. NMFS will 

also consult informally on the issuance 

of an IHA under section 101(a)(5)(D) of 

the MMPA for this activity. 

Consultation will be concluded prior to 

a determination on the issuance of the 

IHA. 

National Environmental Policy Act 

(NEPA) 

NSF prepared an Environmental 

Assessment (EA) of a Planned LowEnergy Marine Seismic Survey by the 

Scripps Institution of Oceanography in 

the Northeast Pacific Ocean, September 

2007. NMFS adopted NSF’s 2007 EA 

and will conducted a separate NEPA 

analysis and prepare a Supplemental 

EA, prior to making a determination on 

the issuance of the IHA. 

Preliminary Determinations 

NMFS has preliminarily determined 

that the impact of conducting the 

seismic survey in the northeast Pacific 

Ocean may result, at worst, in a 

temporary modification in behavior 

(Level B Harassment) of small numbers 

of ten species of marine mammals. 

Further, this activity is expected to 

result in a negligible impact on the 

affected species or stocks. The provision 

requiring that the activity not have an 

unmitigable adverse impact on the 

availability of the affected species or 

stock for subsistence uses does not 

apply to this proposed action as there 

are no subsistence users within the 

geographic area of the proposed project. 

For reasons stated previously in this 

document, this determination is 

supported by: (1) the likelihood that, 

given sufficient notice through 

relatively slow ship speed, marine 

mammals are expected to move away 

from a noise source that is annoying 

prior to its becoming potentially 

injurious; (2) the fact that marine 

mammals would have to be closer than 

either 104 m (341.1 ft) in intermediate 

depths or 69 m (226.3 ft) in deep water 

from the vessel to be exposed to levels 

of sound (180 dB) believed to have even 

a minimal chance of causing TTS; and 

(3) the likelihood that marine mammal 

detection ability by trained observers is 

high at that short distance from the 

vessel. As a result, no take by injury or 

death is anticipated and the potential 

for temporary or permanent hearing 

impairment is very low and will be 

avoided through the incorporation of 

the proposed mitigation measures. 

While the number of potential 

incidental harassment takes will depend 

on the distribution and abundance of 

marine mammals in the vicinity of the 

survey activity, the number of potential 

harassment takings is estimated to be 

small, less than a few percent of any of 

the estimated population sizes, and has 

been mitigated to the lowest level 

practicable through incorporation of the 

measures mentioned previously in this 

document. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to UTIG for conducting a lowenergy seismic survey in the 

northeastern Pacific Ocean during JuneJuly, 2008, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: May 16, 2008. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–11546 Filed 5–22–08; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Energy Markets Advisory Committee 

Meeting 

This is to give notice that the 

Commodity Futures Trading 

Commission’s Energy Markets Advisory 

Committee will conduct a public 

meeting on Tuesday, June 10, 2008. The 

meeting will take place in the first floor 

hearing room of the Commission’s 

Washington, DC headquarters, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581 from 1 p.m. to 

4:30 p.m. The purpose of the meeting is 

to discuss energy market issues. The 

meeting will be chaired by Walter L. 

Lukken, who is Acting Chairman of the 

Commission and Chairman of the 

Energy Markets Advisory Committee. 

The agenda will consist of the 

following: 

(1) Call to Order and Introduction; 

(2) Current Market and Regulatory 

Developments; 

(3) Market Transparency; 

(4) Energy Market Best Practices; 

(5) Discussion of Future Meetings and 

Topics; 

(6) Adjournment. 

The meeting is open to the public. 

Any member of the public who wishes 

to file a written statement with the 

committee should mail a copy of the 

statement to the attention of: Energy 

Markets Advisory Committee, c/o 

Acting Chairman Walter L. Lukken, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581, before the meeting. Members of 

the public who wish to make oral 

statements should inform Acting 

Chairman Lukken in writing at the 

foregoing address at least three business 

days before the meeting. Reasonable 

provision will be made, if time permits, 

for oral presentations of no more than 

five minutes each in duration. 


dwashington3 on PRODPC61 with NOTICES
30094 Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Notices 

For further information concerning 

this meeting, please contact Erin Shaw 

at 202–418–5078. 

Issued by the Commission in Washington, 

DC on May 19, 2008. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E8–11668 Filed 5–22–08; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Notice of Availability of the Final 

Environmental Impact Statement 

(FEIS) for the Proposed Potash 

Corporation of Saskatchewan 

Phosphate Mine Continuation Near 

Aurora, in Beaufort County, NC 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice. 

SUMMARY: The U.S. Army Corps of 

Engineers (COE), Wilmington District, 

Regulatory Division has been reviewing 

the request for Department of the Army 

authorization, pursuant to Section 404 

of the Clean Water Act and Section 10 

of the Rivers and Harbor Act, from 

Potash Corporation of Saskatchewan 

Phosphate Division (PCS) for the 

continuation of its phosphate mining 

operation near Aurora, Beaufort County, 

NC. PCS proposes to undertake an 

approximately 11,909 acre mine 

expansion into an approximately 15,100 

acre project area surrounding its current 

mining operation. This expansion 

would occur over a 37 year period and 

would impact approximately 4,135 

acres of waters of the United States 

including wetlands adjacent to The 

Pamlico River, South Creek and Durham 

Creek. The Notice of Availability of the 

Draft Environmental Impact Statement 

(DEIS) for this action was published in 

the Federal Register on Friday, October 

20, 2006 (71 FR 61962). The Notice of 

Availability of Supplement I of the DEIS 

(SDEIS) was published in the Federal 

Register on Tuesday, November 6, 2007 

(72 FR 62634). 

DATES: Written comments on the Final 

EIS will be received until July 9, 2008. 

ADDRESSES: Comments and questions 

regarding the Draft EIS may be 

addressed to: U.S. Army Corps of 

Engineers, Wilmington District, 

Regulatory Division. ATTN: File 

Number 2001–10096, Post Office Box 

1890, Wilmington, NC 28402–1890. 

Copies of the Final EIS, the DEIS and 

the SDEIS can be reviewed on the 

Wilmington District Regulatory 

homepage at, http:// 

www.saw.usace.army.mil/wetlands/ 

regtour.htm, or contact Ms. Thelma 

Hemingway (910) 251–4789, to receive 

written or CD copies. 

FOR FURTHER INFORMATION CONTACT: 

Questions about the proposed action 

and FEIS can be directed to Mr. Tom 

Walker, Project Manager, Regulatory 

Division, telephone: (828) 271–7980, 

extension 222. 

SUPPLEMENTARY INFORMATION: 

1. Project Description. The PCS 

Aurora facility includes an open pit 

mining operation that supplies 

phosphate ore to its onsite 

manufacturing facilities producing 

sulfuric acid, phosphoric acid, purified 

acid, liquid fertilizer, superphosphoric 

acid, diammonium phosphate, 

defluorinated phosphate, animal feed 

and solid fertilizers. Phosphate mining 

activities began at this site in 1965. On 

August 27, 1997, PCS was issued a 

Department of the Army permit to 

impact 1,268 acres of waters and 

wetlands to continue its mining 

operation into the current mine area. 

This action is more fully described in 

the August, 1996 Final Environmental 

Impact Statement for the Texasgulf Inc. 

Mine Continuation. PCS is nearing the 

end of the current mining area and is 

seeking to continue its mining operation 

into its adjacent property. 

2. Proposed Action. On November 2, 

2000, PCS applied for Department of the 

Army authorization pursuant to Section 

404 of the Clean Water Act and Section 

10 of the Rivers and Harbors Act to 

continue its phosphate mining 

operation into an adjacent tract on the 

Hickory Point peninsula (the NCPC 

Tract) adjacent the Pamlico River and 

South Creek once reserves are depleted 

under the existing permitted area. The 

applicant’s stated purpose and need for 

this project is to continue mining its 

phosphate reserve in an economically 

viable fashion. More specifically, the 

applicant’s stated purpose and need is 

to implement a long-term systematic 

and cost-effective mine advance within 

the project area for the ongoing PCS 

mine operation at Aurora, NC. 

The Corps circulated a Public Notice 

describing this application on January 2, 

2001 (Action ID No. 200110096). PCS 

elected to further reduce proposed 

impacts to waters of the U.S. in 

response to comments on this Public 

Notice and submitted a revised permit 

application on August 13, 2001, for a 

15-year mine continuation within the 

NCPC Tract. The Corps circulated a 

second Public Notice on October 4, 

2001, describing the revised application. 

The Corps, in considering reasonable 

alternatives and potential cumulative 

impacts, determined that the applicant 

would need to develop alternatives that 

include mining in areas other than the 

NCPC Tract and/or mining in multiple 

locations. On September 8, 2005, the 

applicant presented the Corps with an 

applicant preferred holistic plan for 

mining the entire project area. This 

plan, and a range of holistic alternatives 

were fully described in the DEIS and 

SDEIS. 

By letter dated April 25, 2008, the 

applicant requested that its application 

be modified to request a permit for an 

approximately 11,909-acre mine 

advance through 15,100 acre project 

area that would impact approximately 

4,135 acres of waters of the U.S. 

including wetlands. Waters and 

wetlands in the proposed impact area 

are more specifically described in the 

following table: 

Proposed Impacts: 

1. Creeks/Open Water 7 acres. 

1a. Perennial 

Streams.

13,385 linear 

feet. 

1b. Intermittent 

Streams.

15,903 linear 

feet. 

2. Brackish Marsh 

Complex.

0 acres. 

3. Bottomland Hardwood Forest.73 acres. 

4. Herbaceous Assemblage.333 acres. 

5. Scrub-Shrub Assemblage.445 acres. 

6. Pine Plantation ........ 641 acres. 

7. Hardwood Forest ..... 1,075 acres. 

8. Mixed Pine-Hardwood Forest.910 acres. 

9. Pine Forest ............... 353 acres. 

10. Pocosin/Bay Forest 264 acres. 

11. Sand Ridge Forest 22 acres. 

10. Ponds ..................... 11 acres. 

Total .................. 4,135 acres. 

4. Alternatives. A full range of 

reasonable alternatives have been 

identified and evaluated through the 

scoping process. A complete description 

of all alternatives carried forward for 

detailed study is disclosed in Section 2 

of the FEIS. 

5. Scoping Process. A public scoping 

meeting was held on February 28, 2001, 

and an interdisciplinary Review Team 

(Review Team) comprised of 

representatives from other state and 

federal regulatory and commenting 

agencies, environmental advocacy 

groups, the applicant, and CZR 

Incorporated (CZR) (third party 

consultant to the Corps in accordance 

with RGL–05–08). The purpose of the 

Review Team is to identify major issues 

to be addressed in the EIS and to 

provide input on potential alternatives 

to be explored and potentially 

evaluated. As appropriate, the COE will 


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