[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Rules and Regulations]
[Pages 35995-35996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15318]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 217

RIN 0648-AX09


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Operation and Maintenance of the Neptune Liquefied 
Natural Gas Facility of Massachusetts; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

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SUMMARY: NMFS, upon application from Neptune LNG LLC (Neptune), issued 
regulations pursuant to the Marine Mammal Protection Act (MMPA) to 
govern the unintentional taking of marine mammals, by harassment, 
incidental to port commissioning and operations, including maintenance 
and repair activities, at the Neptune Deepwater Port (the Port) in 
Massachusetts Bay for a period of 5 years. The final rule, which 
published in the Federal Register on June 13, 2011, contains an 
incorrect ending date

[[Page 35996]]

for the period of effectiveness. The rule was to be effective 30 days 
after the date of filing for publication in the Federal Register, which 
was Friday, June 10, 2011, through 5 years and 30 days after the date 
of filing for publication in the Federal Register. The effectiveness 
dates in the current final rule are listed as July 11, 2011, through 
August 10, 2016, which is 1 month too long. This notice corrects the 
period of effectiveness for the final rule.

DATES: Effective from July 11, 2011, through July 10, 2016.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289, ext 156.

SUPPLEMENTARY INFORMATION:

Need for Correction

    On June 13, 2011, final regulations for the take of marine mammals 
incidental to the operation and repair and maintenance of the Neptune 
Port off Massachusetts published in the Federal Register (76 FR 34157; 
FR Doc. 2011-14614). The period of effectiveness in that notice is 
listed as July 11, 2011, through August 10, 2016. This means that the 
rule would be effective for 5 years and 1 month. However, regulations 
issued pursuant to section 101(a)(5)(A) of the MMPA cannot be valid for 
a period of more than 5 consecutive years. Therefore, the period of 
effectiveness for the regulations now contained in 50 CFR 217.171 are 
effective from July 11, 2011, through July 10, 2016.

List of Subjects in 50 CFR Part 217

    Exports, Fish, Imports, Indians, Labeling, Marine mammals, 
Penalties, Reporting and recordkeeping requirements, Seafood, 
Transportation.

    Dated: June 14, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For reasons set forth in the preamble, FR Doc. 2011-14614, 
published June 13, 2011, at 76 FR 34157, is corrected as follows:

0
1. On page 34157, second column, the DATES section is revised to read 
as follows:
    ``DATES: Effective from July 11, 2011, through July 10, 2016.''

0
2. On page 34172, third column, Sec.  217.171 is revised to read as 
follows:


``Sec.  217.171  Effective dates.

    Regulations in this subpart are effective from July 11, 2011, 
through July 10, 2016.''

[FR Doc. 2011-15318 Filed 6-20-11; 8:45 am]
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