USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Milestone Extension: Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOC – NOAA/NMFS)

Submitted by dale.youngkin@… on

After the public comment period on the proposed rule ended on July 29, 2019, NMFS reached out to AGDC on August 27, 2019 regarding additional information needed to address public comments. The request included clarification and changes related to: 1) the accuracy of the project description, and 2) their methodology for calculating expected beluga whale takes. This information was deemed critical for NMFS to adequately address public comments. AGDC did not respond to our August 27, 2019 request until the information was requested again on October 3, 2019. AGDC provided a partial response on October 7, 2019, with a full response received in the form of an updated LOA application on February 17, 2020. The update also included changes to the acoustic modeling, which NMFS had not asked for, but was aware they may be modifying.

 

The time it has taken to evaluate and incorporate the newly provided information into the analysis, given the late receipt, has resulted in the need for an extension to the previously agreed-upon dates for the MMPA rule, which requires extensive review by multiple offices.  

Action
Project Name: Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Status:
In Progress
POC Name:
Shane Guan
POC Title:
Fishery Biologist
POC Email:

Description:

Marine Mammal Protection Act (MMPA) Consultation 101(1)(5)(a) rulemaking and Letter of Authorization (LOA).

Agency: NOAA-NMFS

Marine mammals in agency's jurisdiction and in geographic area: Humpback whale, Beluga whale, Killer whale, Harbor porpoise, and Harbor seal.

Milestones:

NOAA Determines ITA Application is Complete (Applicant Action)
Completed Date:
Milestone Details

NOAA’s ability to meet this schedule is contingent upon receipt of adequate and complete application information. We estimate that this generally takes three months from receipt of the initial application for rules.

Publish Notice of Receipt in Federal Register (LOA Only) (Agency Action)
Completed Date:
Milestone Details

NOAA’s ability to meet this schedule is contingent upon receipt of adequate and complete application information. Milestone status was paused from 12/01/2017 to 4/11/2018 because NOAA did not receive adequate and complete application information by the 12/01/17 target completion date.

Publish Proposed ITA in Federal Register (Agency Action)
Completed Date:
Milestone Details

NOAA's ability to meet this schedule is contingent upon the extent and nature of comments received on the Notice of Receipt (NOR). In this instance, there were specific comments on the NOR from the public that required additional analysis by NMFS, so the timing will be extended to allow the applicant time to respond (i.e., applicant’s responses will inform NMFS’ analysis). Additionally, as NMFS will adopt the lead agency EIS for purposes of the MMPA authorization, this milestone is tied to the publication date of the DEIS. 

Publish Final ITA Regulations in Federal Register (LOA Only) (Agency Action)
Current Target Date:
Milestone Details

This milestone tracks publication of the notice of the ITA in the Federal Register and does not provide the actual Authorization to take marine mammals, which is provided in the Letter of Authorization (LOA). NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required finding. Additionally, as NMFS will adopt the lead agency EIS for purposes of the MMPA authorization, this milestone is tied to the date of the ROD, as a ROD is needed to sign the final rule. NMFS has estimated an additional two weeks for publication of the final rule from the ROD date to allow time for clearance and publication.

ITA decision rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone is the actual Authorization for incidental take of marine mammals. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required finding. As NMFS will adopt the lead agency EIS for purposes of the MMPA authorization, and there is a one-month cooling off period between the final ITA notice and issuance of the LOA, this milestone is tied to a one-month period after publication of the final ITA.

Milestone
ITA decision rendered (Agency Action)
Current Target Date:
Milestone Details

This milestone is the actual Authorization for incidental take of marine mammals. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required finding. As NMFS will adopt the lead agency EIS for purposes of the MMPA authorization, and there is a one-month cooling off period between the final ITA notice and issuance of the LOA, this milestone is tied to a one-month period after publication of the final ITA.

Project

PROJECT WEBSITE: http://alaska-lng.com/

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
04/13/2023

14 out of 14

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Pipelines

SECTOR
Pipelines

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Federal Energy Regulatory Commission

LEAD AGENCY
Federal Energy Regulatory Commission

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of Homeland Security

Department of Homeland Security, US Coast Guard

Department of the Interior

Department of the Interior, Bureau of Land Management

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Department of Energy

Department of Energy, Office of Fossil Energy

Department of the Interior

Department of the Interior, National Park Service

Department of Energy

Department of Energy

Description:

The Alaska LNG Project is comprised of the following integrated and interdependent facilities:  a liquefied natural gas (LNG) terminal in Southcentral Alaska designed to produce up to 20 million metric tons per annum of LNG; an approximately 807-mile, 42-inch diameter gas pipeline; a gas treatment plant (GTP) within the Prudhoe Bay Unit (PBU) on the North Slope; an approximately 1-mile, 60-inch diameter gas transmission line connecting the GTP to the PBU gas production facility; and an approximately 63 mile, 32-inch diameter gas transmission line connecting the GTP to the Point Thomson gas production facility.  The mainline of the Alaska LNG Project will traverse over 800 miles from the GTP on the North Slope of Alaska through several boroughs before it crosses Cook Inlet and connects with the liquefaction plant and marine terminal in Nikiski, Alaska. 

Fast-41 Initiation Notice

Project Application and Supporting Documents

Federal Agency Actions

FERC Litigation

  • None filed.

 

For improved transparency, FERC is providing this supplemental table to reflect the additional federal authorizations that may be required for the Alaska LNG Project.  

Additional Federal Agency Permitting Timetable for the Alaska LNG Project 
Responsible Agency Federal Permit/Review Status Applicable Timelines
US Coast Guard Letter of Recommendation Complete Receipt of Letter of Intent:  May 15, 2014
Receipt of Waterway Suitability Assessment:  March 18, 2016
Letter of Recommendation to FERC:  August 17, 2016

 

Last updated March 28, 2020

field_status
System Comments
Furthest out
Original Target Date: 09/29/2019
Milestone: Incidental Take Authorization Decision Rendered

Requested extensions greater than 30 days for this Action are shown below:

Incidental Take Authorization Decision Rendered extended by 355
From: 07/05/2020
To: 09/18/2020