27990 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Notices 

via email to NMFS.Pr1Comments@

noaa.gov. The request should set forth 

the specific reasons why a hearing on 

this application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Shasta McClenahan, Ph.D., or Amy 

Hapeman, (301)427–8401. 

SUPPLEMENTARY INFORMATION: The 

subject amendment to Permit No. 

21585–02 is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended (16 

U.S.C. 1361 et seq.), the regulations 

governing the taking and importing of 

marine mammals (50 CFR part 216), the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.), and 

the regulations governing the taking, 

importing, and exporting of endangered 

and threatened species (50 CFR parts 

222–226), and the Fur Seal Act of 1966, 

as amended (16 U.S.C. 1151 et seq.). 

Permit No. 21585, issued on 

December 20, 2018 (84 FR 4441; 

February 15, 2019), authorizes the 

Permit Holder to conduct research on 67 

species of marine mammals including 

the following endangered or threatened 

species, stocks, or distinct population 

segment (DPS)of cetaceans: Beluga 

(Delphinapterus leucas; Cook Inlet 

DPS), blue (Balaenoptera musculus), 

bowhead (Balaena mysticetes), false 

killer (Pseudorca crassidens; Main 

Hawaiian Islands Insular DPS), fin 

(Balaenoptera physalus), gray 

(Eschrichtius robustus; Western North 

Pacific DPS), humpback (Megaptera 

novaeangliae; Arabian Sea, Cape Verde 

Islands/Northwest Africa, Central 

America, Mexico, and Western North 

Pacific DPSs), killer (Orcinus orca; 

Southern Resident DPS), North Pacific 

right (Eubalaena japonica), sei 

(Balaenoptera. borealis), Southern right 

(E. australis), and sperm (Physeter 

macrocephalus) whales. Authorized 

research may occur during vessel and 

manned aerial surveys including 

observation, photography, passive 

acoustic recording, echosounders for 

prey mapping, and collection of 

sloughed skin. The permit also 

authorizes biopsy sampling and deepimplant tagging of some species. The 

Permit Holder requests to increase the 

annual number of takes for the currently 

permitted vessel surveys and biopsy 

sampling to assess the distribution and 

abundance of cetaceans in the Northern 

California Current in California and 

Oregon. In addition, the Permit Holder 

is requesting to add biopsy sampling as 

a procedure for 26 species currently 

authorized only for Level B harassment 

during surveys. See the take table for 

specific take number changes requested 

by species. No changes to the currently 

permitted objectives, methods, or 

number of deep-implant tagging take 

numbers are proposed. The permit 

expires on December 31, 2023. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an initial 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of this 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: May 4, 2022. 

Julia M. Harrison, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2022–10028 Filed 5–9–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB134] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to the Port Everglades 

Harbor Deepening and Widening 

Project, Florida 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

letter of authorization; request for 

comments and information. 

SUMMARY: NMFS has received a request 

from the U.S. Army Corps of Engineers 

(USACE), Jacksonville District, for 

authorization to take, by Level B 

harassment only, small numbers of 

marine mammals incidental to the Port 

Everglades Harbor Deepening and 

Widening Project (Project), in Broward 

County, Florida, for a period of five 

years from August 2024 through August 

2029. Pursuant to regulations 

implementing the Marine Mammal 

Protection Act (MMPA), NMFS is 

announcing receipt of USACE’s request 

for the development and 

implementation of regulations 

governing the incidental taking of 

marine mammals. NMFS invites the 

public to provide information, 

suggestions, and comments on USACE’s 

application and request. 

DATES: Comments and information must 

be received no later than June 9, 2022. 

ADDRESSES: Comments on the 

application should be addressed to Jolie 

Harrison, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service. Physical comments 

should be sent to 1315 East-West 

Highway, Silver Spring, MD 20910 and 

electronic comments should be sent to 

ITP.Harlacher@noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments received 

electronically, including all 

attachments, must not exceed a 25- 

megabyte file size. Attachments to 

electronic comments will be accepted in 

Microsoft Word or Excel or Adobe PDF 

file formats only. All comments 

received are a part of the public record 

and will generally be posted online at 

https://www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

incidental-take-authorizationsconstruction-activities without change. 

All personal identifying information 

(e.g., name, address) voluntarily 

submitted by the commenter may be 

publicly accessible. Do not submit 

confidential business information or 

otherwise sensitive or protected 

information. 

FOR FURTHER INFORMATION CONTACT: 

Jenna Harlacher, Office of Protected 

Resources, NMFS, (301) 427–8401. An 

electronic copy of USACE’s application 

may be obtained online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing 

these documents, please call the contact 

listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

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

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (as delegated 

to NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers 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 either 

regulations are issued or, if the taking is 

limited to harassment, a notice of a 

proposed authorization is provided to 

the public for review. 

An incidental take 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 


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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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