National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Final rule; correction.
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 Start Printed Page 35996for 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.
Effective from July 11, 2011, through July 10, 2016.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Candace Nachman, Office of Protected Resources, NMFS, (301) 713-2289, ext 156.End Further Info End Preamble Start Supplemental 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.Start List of Subjects
List of Subjects in 50 CFR Part 217
- Marine mammals
- Reporting and recordkeeping requirements
Dated: June 14, 2011.
Deputy Assistant Administrator for Operations, National Marine Fisheries Service.
1. On page 34157, second column, theEnd Amendment Part
“DATES: Effective from July 11, 2011, through July 10, 2016.”Start Amendment Part
2. On page 34172, third column, § 217.171 is revised to read as follows:End Amendment Part
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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