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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules Civil Justice Reform The Departments Office of the Solicitor has determined that these proposed regulations do not unduly burden the judicial system and meet the applicable standards provided in sections 3a and 3b2 of Executive Order 12988.
Paperwork Reduction Act This proposed rule does not contain any new collections of information that require approval by the Office of Management and Budget OMB under the Paperwork Reduction Act of 1995
44 U.S.C. 3501 et seq.. OMB has previously approved the information collection requirements associated with incidental take of marine mammals and assigned OMB control number 1018
0070 expires January 31, 2022. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

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Energy Effects Executive Order 13211 requires agencies to prepare statements of energy effects when undertaking certain actions. This proposed rule provides exceptions from the MMPAs taking prohibitions for Industry engaged in specified oil and gas activities in the specified geographic region. By providing certainty regarding compliance with the MMPA, this proposed rule will have a positive effect on Industry and its activities. Although the proposed rule requires Industry to take a number of actions, these actions have been undertaken by Industry for many years as part of similar past regulations. Therefore, this proposed rule is not expected to significantly affect energy supplies, distribution, or use and does not constitute a significant energy action. No statement of energy effects is required.

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References For a list of the references cited in this rule, see Docket No. FWSR7ES2021
0037, available at http
www.regulations.gov.
List of Subjects in 50 CFR Part 18
Administrative practice and procedure, Alaska, Imports, Indians, Marine mammals, Oil and gas exploration, Reporting and recordkeeping requirements, Transportation.
Proposed Regulation Promulgation For the reasons set forth in the preamble, the Service proposes to amend part 18, subchapter B of chapter I, title 50 of the Code of Federal Regulations as set forth below.

18.129

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Information collection requirements.

Subpart JNonlethal Taking of Marine Mammals Incidental to Oil and Gas Exploration, Development, Production, and Other Substantially Similar Activities in the Beaufort Sea and Adjacent Northern Coast of Alaska 18.119 Specified activities covered by this subpart.

Regulations in this subpart apply to the nonlethal incidental, but not intentional, take of small numbers of polar bear and Pacific walrus by certain U.S. citizens while engaged in oil and gas exploration, development, production, and/or other substantially similar activities in the Beaufort Sea and adjacent northern coast of Alaska.

PART 18MARINE MAMMALS

18.120 Specified geographic region where this subpart applies.

1. The authority citation of part 18
continues to read as follows:

This subpart applies to the specified geographic region that encompasses all Beaufort Sea waters east of a northsouth line through Point Barrow, Alaska N71.39139, W156.475, BGN 1944, and approximately 322 kilometers km 200 miles mi north of Point Barrow, including all Alaska State waters and Outer Continental Shelf waters, and east of that line to the Canadian border.
a The offshore boundary of the Beaufort Sea incidental take regulations ITR region match the boundary of the Bureau of Ocean Energy Management Beaufort Sea Planning area, approximately 322 km 200 mi offshore. The onshore region is the same north/south line at Utqiagvik, 40.2 km 25 mi inland and east to the Canning River.
b The Arctic National Wildlife Refuge and the associated offshore waters within the refuge boundaries is not included in the Beaufort Sea ITR
region. Figure 1 shows the area where this subpart applies.

Authority: 16 U.S.C. 1361 et seq.

2. Revise subpart J to read as follows:

Subpart JNonlethal Taking of Marine Mammals Incidental to Oil and Gas Exploration, Development, Production, and Other Substantially Similar Activities in the Beaufort Sea and Adjacent Northern Coast of Alaska Sec.
18.119 Specified activities covered by this subpart.
18.120 Specified geographic region where this subpart applies.
18.121 Dates this subpart is in effect.
18.122 Procedure to obtain a Letter of Authorization LOA.
18.123 How the Service will evaluate a request for a Letter of Authorization LOA.
18.124 Authorized take allowed under a Letter of Authorization LOA.
18.125 Prohibited take under a Letter of Authorization LOA.
18.126 Mitigation.
18.127 Monitoring.
18.128 Reporting requirements.

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