Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Notices 27991 

immitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

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). 

Summary of Request 

On September 3, 2020, NMFS 

received an application from the USACE 

requesting authorization for take of 

marine mammals incidental to confined 

blasting associated with the Port 

Everglades Harbor Deepening and 

Widening Project, Broward County, 

Florida. We provided comments on the 

application and the USACE submitted a 

revised version on April 3, 2021. We 

deemed the application adequate and 

complete on April 29, 2021. The 

requested regulations under which we 

would issue the requested LOA would 

be valid for five years, August 2024 and 

August 2029. The USACE plans to 

conduct confined underwater blasting to 

deepen and widen the Port Everglades 

harbor and entrance channel. Blasting 

may incidentally expose marine 

mammals to elevated levels of noise, 

thereby resulting in incidental take, by 

Level B harassment only. Therefore, the 

USACE requests authorization to 

incidentally take marine mammals. 

Specified Activities 

The purpose of the proposed project 

is to provide for increased navigational 

safety, efficiency, and improved 

economic conditions for ships calling at 

Port Everglades. The existing federal 

channel project depth of 42 feet at Port 

Everglades does not provide an 

adequate, safe depth for large tankers 

and container ships currently visiting 

the harbor. Furthermore, the next 

generation of container ships and oil 

tankers requires significantly more 

channel depth to operate efficiently and 

a wider and deeper entrance channel 

will greatly improve the safety of 

navigation. To achieve the proposed 

deepening and widening of Port 

Everglades, pretreatment of rock areas 

may be required using confined 

underwater blasting where dredging or 

other rock removal methods are 

unsuccessful due to the hardness and 

massiveness of the rock. The USACE 

anticipates a maximum of 280 confined, 

stemmed blasts would occur over the 

life of the LOA, if issued, at a rate of one 

blast per day. Blasting operations may 

take place six days a week with a 

maximum of one blast occurring per 

day. Confined underwater blasting 

operations will be prohibited between 

November 15 and March 15 in order to 

avoid take of the West Indian Manatee 

(Trichecus manatus). Blasting would 

occur in six designated areas: The outer 

entrance channel, inner entrance 

channel, main turning basin, widener, 

south access channel, and turning 

notch. The USACE’s application 

contains mitigation and monitoring 

measures designed to reduce impacts to 

marine mammals. The application also 

contains proposed marine mammal and 

acoustic monitoring and reporting 

plans. 

Information Solicited 

Interested persons may submit 

information, suggestions, and comments 

concerning USACE’s request (see 

ADDRESSES). NMFS will consider all 

information, suggestions, and comments 

related to the request during the 

development of proposed regulations 

governing the incidental taking of 

marine mammals by USACE, if 

appropriate. 

Dated: May 4, 2022. 

Kim Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–09934 Filed 5–9–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the NEXT Renewable Fuels Oregon 

Project, Columbia County, Oregon 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of intent. 

SUMMARY: The U.S. Army Corps of 

Engineers, Portland District (Corps), has 

received an application for a 

Department of the Army (DA) permit 

(Corps number NWP–2020–383) from 

NEXT Renewable Fuels Oregon, LLC to 

construct a facility to produce 

renewable fuels. The Corps, as the lead 

agency under the National 

Environmental Policy Act (NEPA), has 

determined the proposed project may 

significantly affect the quality of the 

human environment and will prepare an 

environmental impact statement (EIS). 

The Corps’ action will be to issue, issue 

with modifications, or deny a DA permit 

for the proposed project. The EIS will 

assess the potential social, economic, 

and environmental impacts of the 

proposed project. 

ADDRESSES: Written comments 

regarding the proposed EIS scope 

should be submitted to: U.S. Army 

Corps of Engineers, Portland District, 

Attn: Ms. Kate Mott, P.O. Box 2946, 

Portland, Oregon 97208–2946. 

Individuals who would like to provide 

comments electronically should submit 

comments by email to: nexteis@

usace.army.mil. 

FOR FURTHER INFORMATION CONTACT: For 

information about this project or to be 

included on the mailing list for future 

updates and meeting announcements, 

contact Ms. Kate Mott at the Corps by 

telephone at (503) 808–4041, by email at 

nexteis@usace.army.mil, or by mail at 

the mailing address provided above. 

SUPPLEMENTARY INFORMATION: The Corps 

intends to prepare an EIS for the 

proposed NEXT Renewable Fuels 

Oregon project. The proposed project 

requires authorization from the Corps 

under Section 404 of the Clean Water 

Act (33 U.S.C. 1344) for the discharge of 

dredged or fill material into waters of 

the United States. As part of the DA 

permit application process, the Corps 

issued a public notice on November 5, 

2021. The purpose of the public notice 

was to initiate an early public scoping 

process to solicit comments and 

information from the public to identify 

relevant issues and concerns associated 

with the proposed project. All 

comments received to date, including 

those provided for review during the 

public notice comment period, will be 

considered by the Corps during 

preparation of the EIS. 

1. Proposed Action. The project 

requiring an EIS involves the 

construction of the proposed NEXT 

Renewable Fuels Oregon facility. The 

purpose of the project is to produce 

renewable fuels for markets on the west 


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27992 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Notices 

coast of the United States to meet the 

demand for fuels that are mandated by 

the Renewable Fuel Standard Program 

or other state mandates that require lowcarbon fuels. The project would 

permanently fill 117.64 acres of 

wetlands and 1.79 acres of other 

waterways (ditches and slough) to 

construct a renewable fuels facility and 

ancillary components. The project 

would temporarily fill 32.03 acres of 

wetlands and 0.02 acres of waterways 

for project construction and a staging 

area. 

The proposed project facility would 

be capable of producing 50,000 barrels 

per day of renewable diesel and other 

renewable fuel products. The 

production process would produce 

renewable fuels from a range of 

feedstocks such as various vegetable 

oils, used cooking oil, animal tallow, 

and inedible corn oil. The proposed 

facility and ancillary components 

constructed in wetlands/waterways 

would include: Main access road; 

natural gas pipeline; rail spur, ladder 

tracks, and rail spur access road; four 

new pipelines to connect with pipelines 

to an existing wharf; ten large product 

and feedstock tanks (125,000 to 225,000 

barrels each); eleven smaller feedstock 

and process tanks (10,000 to 50,000 

barrels each); pre-treatment plant; 

hydrogen facility; EcofiningTM units; 

storm and process water system; office/ 

administration buildings/laboratory; 

and site landscaping and fencing. 

The facility would be constructed by 

grading and filling the site. The overall 

final grade would be approximately 3 ft. 

above the existing grade. Fill material 

would consist of soil and aggregate 

imported from a local source. Facility 

components would be supported with 

pile foundations by installing 

approximately 15,200, 16-inch steel 

piles that are 90 ft. long (each) driven 

by a vibratory hammer. Facility 

components would also be supported 

with ground improvement foundations 

by wet soil mixing known as the Deep 

Mixing Method to construct concrete 

piles. Typical construction methods 

would be utilized for the stripping, 

grading, road construction, installation 

of underground utilities, stormwater, 

and processed water systems. 

The project would rely on 

transportation by water, railroad and 

road to receive materials used in 

production (feedstock oils, tallows, 

bleaching earth) and to ship renewable 

fuels produced from the facility. The 

project would require unloading up to 

118 barges per year (approximately 10 

per month) to receive feedstock 

materials and require loading up to 58 

ocean going vessels per year 

(approximately 5 per month) to 

transport renewable diesel produced 

from the facility to market. The project 

would require loading and unloading up 

to 208 trains per year (approximately 17 

per month) to receive materials used in 

production (feedstock and bleaching 

earth) and to transport renewable diesel 

produced from the facility to market. 

The project would also require loading 

up to 720 trucks per year 

(approximately 60 per month) to 

transport renewable diesel produced 

from the facility to market. 

The project includes a proposed 

compensatory mitigation site. The 

compensatory mitigation would 

enhance 471.08 acres of wetlands that 

are currently used for agriculture and 

silviculture. 

2. Location. The project site is located 

at the Port Westward Industrial Park 

near Clatskanie, Columbia County, 

Oregon. The site is in Section 22, 

Township 8 North, Range 4 West at 

Latitude and Longitude: 46.167233°, 

¥123.16195°. 

3. Alternatives. The EIS will address 

an array of alternatives. Alternatives 

may include, but are not limited to, no 

action, alternative sites, and alternative 

facility designs. Mitigation measures 

could include, but are not limited to, 

avoidance and minimization, 

enhancement, restoration or 

establishment of wetlands. 

4. Scoping Process. The scoping 

period will continue for 30 days from 

the date of this Notice of Intent. During 

the scoping period, the Corps invites 

federal, state, and local agencies, Native 

American Tribes, other interested 

parties, and the general public to 

participate in the scoping process. The 

purpose of the scoping process is to 

provide information to the public, serve 

as a mechanism to solicit agency and 

public input on alternatives, identify 

significant issues to be analyzed in the 

EIS, and ensure full and open 

participation in scoping for the draft 

EIS. Scoping comments may be 

submitted by conventional mail or 

email. All comments must include the 

Corps number NWP–2020–383. In order 

to be accepted, email comments must 

originate from the author’s email 

account. All comments received will 

become part of the administrative record 

and are subject to public release under 

the Freedom of Information Act 

including any personally identifiable 

information such as names, phone 

numbers, and addresses. Additional 

information on the project and scoping 

process are available on the Corps’ 

website listed below. 

5. Scoping Meetings. The Corps will 

conduct virtual public scoping meetings 

during the 30-day scoping period in 

which agencies, organizations, and 

members of the general public are 

invited to present comments or 

suggestions with regard to the range of 

actions, alternatives, and potential 

impacts to be considered in the EIS. The 

specific dates and times of the meetings 

will be published in press releases, 

special public notices and on the Corps’ 

project website (https://www.nwp.usace.

army.mil/Missions/Regulatory/). At the 

Corps’ website under Regulatory Pages, 

select Environmental Impact 

Statements. 

5. Availability of the Draft EIS. The 

draft EIS is estimated to be available for 

public review and comment in early 

2023. At that time, a 45-day public 

review period will be provided for 

public review and comment on the draft 

EIS. 

Approved by: 

Frances E. Coffey, 

Director, Programs. 

[FR Doc. 2022–10035 Filed 5–9–22; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

[Docket No. ED–2022–SCC–0028] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

NCES System Clearance for Cognitive, 

Pilot, and Field Test Studies 2022–2025 

AGENCY: Institute of Educational 

Sciences (IES), Department of Education 

(ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, ED is 

proposing an extension of a currently 

approved information collection. 

DATES: Interested persons are invited to 

submit comments on or before June 9, 

2022. 

ADDRESSES: To access and review all the 

documents related to the information 

collection listed in this notice, please 

use http://www.regulations.gov by 

searching the Docket ID number ED– 

2022–SCC–0028. Comments submitted 

in response to this notice should be 

submitted electronically through the 

Federal eRulemaking Portal at http:// 

www.regulations.gov by selecting the 

Docket ID number or via postal mail, 

commercial delivery, or hand delivery. 

If the regulations.gov site is not 

available to the public for any reason, 

ED will temporarily accept comments at 

ICDocketMgr@ed.gov. Please include the 


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