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23 December 2006


[Federal Register: December 21, 2006 (Volume 71, Number 245)]

[Notices]               

[Page 76718-76722]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21de06-118]                         



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DEPARTMENT OF TRANSPORTATION



Maritime Administration



[USCG-2005-22219]



 

Northeast Gateway Liquefied Natural Gas Deepwater Port License 

Application; Final Environmental Impact Statement Supplementary 

Material



AGENCY: Maritime Administration, DOT.



ACTION: Notice of availability; Request for Comments.



-----------------------------------------------------------------------



SUMMARY: The Coast Guard and the Maritime Administration (MARAD) 

announce the availability of material supplementing the Final 

Environmental Impact Statement (FEIS) for the Northeast Gateway 

Liquefied Natural Gas Deepwater Port License Application. The 

supplementary material corrects omissions in the FEIS.



DATES: To allow sufficient time for public review and comment on this 

supplemental material we are extending the public comment period until 

December 26, 2006. All other scheduled dates remain unchanged. The 

Federal and State Agency and Governor comment period also end December 

26, 2006 and the MARAD Record of Decision is due by February 7, 2007.



FOR FURTHER INFORMATION CONTACT: If you have questions about the 

supplementary material, you may contact Roddy Bachman, U.S. Coast 

Guard, at 202-372-1451 or Roddy.C.Bachman.uscg.mil. If you have 

questions on viewing or submitting material to the docket, call Ms. 

Renee V. Wright, Program Manager, Docket Operations, telephone 202-493-

0402.



SUPPLEMENTARY INFORMATION: On October 26, 2006, the Coast Guard and 

MARAD notice of availability for the Northeast Gateway Liquefied 

Natural Gas Deepwater Port License FEIS appeared in the Federal 

Register (71 FR 62657). Subsequently, we discovered some omissions in 

the FEIS. The FEIS did not include some data that became available late 

in the process. These corrections appear in an errata sheet which, 

along with the FEIS itself, are now available in the docket on the 

Internet at http://dms.dot.gov under docket number USCG-2005-22219. You 



may also view these materials in person at the Docket Management 

Facility in room PL-401 on the Plaza level of the Nassif Building, 400 

Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays.

    The corrections are to incorporate additional Whale Center of New 

England data into the FEIS. The following corrections to the FEIS 

apply:



Page 2-36, Marine Mammal Occurrence



    Delete: ``The analysis compared distribution of marine mammal 

sightings within the location alternatives using sighting data provided 

by SBNMS for the period 1979 to 2002''.

    Replace with: ``Data on the distribution of marine mammals was 

obtained from the following two primary sources: Whale Center of New 

England (Weinrich and Sardi, 2005) and North Atlantic Right Whale 

Consortium (NARWC). The Whale Center of New England sightings data are 

collected by observers on whale watch boats out of Gloucester, Salem, 

Boston, and Provincetown, as well as one dedicated research vessel out 

of Gloucester. The NARWC maintains sightings data collected by 

government and private right whale researchers. Additional mammal 

distribution information was also obtained from the NMFS stock 

assessments (Waring et al., 2004) and review of online NMFS stock 

assessment reports.''



Page 2-51



    Replace ``North Atlantic Right Whale'' with ``Marine Mammals'' and 

insert the following: According to the 2005 NMFS online Stock 

Assessment Reports (SARs), humpback whales are also considered a 

strategic stock for which the average annual fishery-related mortality 

and serious injury exceeds the potential biological removal (PBR), 

while minke whales are not. More recent scientific studies (Cole et al. 

(2005)) indicate that Gulf of Maine humpback and minke whales are both 

above the PBR. Should NMFS incorporate these findings into the next 

SAR, the minke whale may be considered for reclassification as a 

strategic stock. Construction scheduling should avoid peak periods when 

these species are most abundant.



Page 2-54, Table 2-9. Replace: Table 2-9 with the following table



BILLING CODE 4910-81-P



[[Page 76719]]



[GRAPHIC] [TIFF OMITTED] TN21DE06.037





[[Page 76720]]





[GRAPHIC] [TIFF OMITTED] TN21DE06.038



Page 3-53



    Insert the following footnote to Table 3-22: ``More recent 

scientific studies (Cole et al. (2005)) indicate that the Gulf of Maine 

minke whale stock is above the PBR. Should NMFS incorporate these 

findings into the next SAR, the minke whale may be considered for 

reclassification as a strategic stock.''



Page 3-54, First paragraph last sentence



    Delete ``In general, use of the Gulf of Maine habitat areas by 

cetaceans increases in the spring and summer, and decreases in the fall 

and winter.''

    Replace with ``Although seasonal whale distribution plots developed 

from whale watching cruises seem to indicate a decline in mammal 

numbers during the fall, this may reflect the fewer number of whale 

watching cruises outside the peak summer season. Therefore, use of Gulf 

of Maine habitat areas by cetaceans does not show as much of a decrease 

in the fall as previously indicated in the FEIS.''



Page 3-66, Second paragraph, following last sentence



    Insert ``More recent scientific studies (Cole et al. (2005)) 

indicate that Gulf of Maine minke whale is above the PBR. Should NMFS 

incorporate these findings into the next SAR, the minke whale may be 

considered for reclassification as a strategic stock.''



Page 3-76, Replace table 3-26 with the following table



[[Page 76721]]



[GRAPHIC] [TIFF OMITTED] TN21DE06.039



BILLING CODE 4910-81-C



Page 3-81, paragraph 3



    Replace the two references to figure 3-13 in: ``(Figures 3-13 

through 3-17)'', with: ``(Figures 3-14 through 3-17).''



Page 3-88, paragraph 4



    Delete: ``Nevertheless, only about 10% of the current day North 

Atlantic population of humpback whales regularly visits New England 

waters (USEPA, 1993). According to the species stock assessment report, 

the population estimate for the Gulf of Maine stock of humpback whales 

is 902 individuals (Waring et al., 2004), and the best estimate for the 

entire North Atlantic population is 10,600 (Smith et al., 1999).''

    Replace with: ``According to the species stock assessment report, 

the population estimate for the Gulf of Maine stock of humpback whales 

is 902 individuals (Waring et al., 2004). The appropriate management 

unit for consideration is the Gulf of Maine stock, as re-population 

from the larger North Atlantic population is not likely.''



Page 3-89, first full sentence



    Delete ``but a dramatic increase in the use of Stellwagen Bank by 

adult humpback whales has occurred during the September 1-November 5, 

2000-2004 period, apparently due to the increased feeding on previously 

unexploited prey sources (Weinrich and Sardi, 2005).''

    Replace with: ``but a dramatic increase in the use of Stellwagen 

Basin, in the area of the proposed Project site by primarily juvenile 

humpback whales has occurred during the September 1-November 5, 2000-

2004 period, apparently due to the increased feeding on previously 

unexploited planktivorous prey sources (Weinrich and Sardi, 2005).''



Page 3-94, last full paragraph, following last sentence



    Insert: ``In its 2005 Stock Assessment Report (SAR) NMFS has 

classified the humpback whale as a strategic stock. Recent scientific 

studies (Cole et al. (2005)) continue to indicate that the Gulf of 

Maine humpback whale stock is above the PBR.''



Page 3-101, last paragraph



    Delete reference to Weinrich and Sardi, 2005 in sentence: 

``According to the sighting data, only one sei whale has been seen in 

the Project area, and that whale was feeding (Figure 3-28) (Kenney, 

2001; Short and Schaub, 2005; Short et al., 2004; Weinrich and Sardi, 

2005; McLeod et al., 2003 and 2000; Kenney, 2001; McLeod, 2002, 2001, 

and 1999).''



Page 3-127, 6th full paragraph



    Delete second sentence ``Few of these operators are devoted 

exclusively to whale watching, and many also provide fishing, 

sightseeing, and transportation services.''



Page 3-153, last paragraph



    Delete: ``This proposal must be formally evaluated prior to 

approval.''

    Replace with: ``The proposed shift in the TSS was presented to the 

International Maritime Organization (IMO) in summer 2006 for official 

review and decision.''



Page 3-158, end of first paragraph



    Insert: (NEG, 2005).



Page 4-40, Table 4-10



    Under the ``Equivalent Yield'' column, replace ``1,165'' (lobster) 

with ``3'', and change the total from 2,330 to 1,168.



Page 4-58, third full paragraph



    Delete ``there has been little or no direct evidence to link a 

spill event to any cetacean mortality discovered either during or 

following a spill (Geraci and Aubin, 1990).''

    Replace with: ``studies conducted after the large Exxon Valdez oil 

spill indicated adverse impacts to local killer whale pods, with at 

least two immediate mortalities likely from the spill (Matkin



[[Page 76722]]



and Saulitie, 1997). Although killer whales feed at the top of the food 

chain, and most of the species in the NEG project area feed on 

plankton, near the bottom of the food chain, there is the potential for 

adverse impacts on whales at the project site from oil spills. Impacts 

are still considered to be minor; however, due to the low probability 

of a spill.''



Page 4-58, third full paragraph



    Delete: Despite direct contact of these marine mammals with the oil 

spills, no apparent adverse effects were recorded.''

    Replace with: ``Despite direct contact of these marine mammals with 

the oil spills, no apparent adverse effects were recorded at the time 

of the fly-over, nor was there evidence of behavior modification as a 

result of the spill. Follow-up flights or studies were not conducted, 

however, to determine if there were any longer-term effects.''



Page 4-63, first paragraph, 4th sentence



    Insert: (NEG, 2005) at the end of the sentence.



Pages 4-65 and 4-76 Fuel Spill



    Delete: ``Cetaceans that might come into contact with a small fuel 

spill at the Project site would not be likely to show adverse effects, 

as past observations have shown no apparent adverse effects or 

behavioral changes caused by contact with fuel spills.''

    Replace with: ``Limited study (see FEIS, p. 4-58, third full 

paragraph), indicates that cetaceans that may come into contact with a 

small fuel spill at the Project site would not be likely to show 

adverse effects.''



Page 4-65 and 4-76 Bioaccumulation 2nd paragraph



    Delete: ``The only possible route of uptake of contaminants by 

marine mammals is through food consumption, as contaminants are not 

absorbed through the skin of marine mammals, and they do not drink 

large quantities of seawater.''

    Replace with: ``The most likely route of uptake of contaminants by 

marine mammals is through food consumption, as contaminants are not 

absorbed through the skin of marine mammals. While whales do not 

intentionally drink large quantities of seawater, a large quantity of 

water is processed in filter-feeding and could present another 

potential route for contaminate absorption.''



Page 4-77 Construction Schedule Alternatives



    Delete: ``Allowing construction from May through November would be 

most protective of the critically endangered North Atlantic right whale 

and fin and humpback whales, but would be less protective of sei 

whales, blue whales, sea turtles and some fish species.''

    Replace with: ``Allowing construction from May through November 

would be most protective of the North Atlantic right whale, but would 

be less protective of fin whales, humpback whales, sea turtles and some 

fish species.''



    By order of the Maritime Administrator.



    Dated: December 18, 2006.

Joel C. Richard,

Secretary, Maritime Administration.

 [FR Doc. E6-21885 Filed 12-20-06; 8:45 am]



BILLING CODE 4910-81-P