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DOC/NOAA RIN: 0648-AX09 Publication ID: Fall 2008 
Title: ●Taking and Importing Marine Mammals; Taking Marine Mammals Incidental To Construction and Operation of a Liquefied Natural Gas Facility off Massachusetts 
Abstract: On December 27, 2007, the National Marine Fisheries Service (NMFS) received an application from Neptune LNG LLC (Neptune) for an IHA and regulations, under sections 101(a)(5)(D) and (A) of the MMPA, respectively, to take small numbers of several species of marine mammals, by Level B harassment, for a period of one year, incidental to construction of the Neptune offshore LNG facility and for a period of five years incidental to construction and operation of the Port, respectively. The project has the potential to disrupt the behavior patterns of marine mammals due to the noise that will be generated by the construction of the Port and pipeline and from dynamic positioning through the use of thrusters during operation. MARAD and the USCG released a Final EIS for the proposed Neptune LNG Deepwater Port. NMFS was a cooperating agency in the preparation of the Draft and Final EISs. NMFS has adopted the USCG and MARAD FEIS and issued a separate Record of Decision for issuance of the IHA. NMFS is still developing the proposed rule and has not yet reached any preliminary determinations. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 216   
Legal Authority: 16 USC 1361 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Notice of Receipt of Application for Rulemaking  02/19/2008  73 FR 9092   
NPRM  11/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Dr. Michael Payne
Fishery Biologist
Department of Commerce
National Oceanic and Atmospheric Administration
P.O. Box 21668,
Juneau, AK 99802
Phone:907 586-7235
Fax:301 713-2521
Email: michael.payne@noaa.gov