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DOC/NOAA RIN: 0648-AX09 Publication ID: Spring 2011 
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 incidental harassment authorization and regulations, under sections 101(a)(5)(D) and (A) of the Marine Mammal Protection Act (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 liquefied natural gas (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 United States Coast Guard (USCG) released a Final Environmental Impact Statement (FEIS) 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. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 217   
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  12/21/2010  75 FR 80260   
NPRM Comment Period  02/04/2011    
Final Action   06/00/2011    
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:
Candace Nachman
Department of Commerce
National Oceanic and Atmospheric Administration
F/PR1, 1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 713-2289
Fax:301 713-2521
Email: candace.nachman@noaa.gov