80 FR 11111 - Olympic Coast National Marine Sanctuary Regulations; Correction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 40 (March 2, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 40 (March 2, 2015)
| Page Range | 11111-11113 | |
| FR Document | 2015-04237 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Rules and Regulations] [Pages 11111-11113] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04237] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No. 140903747-4747-01] RIN 0648-BE48 Olympic Coast National Marine Sanctuary Regulations; Correction AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Correcting amendment. ----------------------------------------------------------------------- SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is reinstating missing paragraphs of the [[Page 11112]] Olympic Coast National Marine Sanctuary (OCNMS) regulations that pertain to the issuance of permits. NOAA inadvertently excluded the paragraphs in the publication of a November 2011 final rule revising OCNMS permitting regulations. The reinstatement of these paragraphs will ensure continued coordination with the treaty Indian tribes whose cultural and treaty resources may be affected by activities of regulated entities. In addition, these provisions provide notice to the regulated community of NOAA's responsibilities to treaty Indian tribes whose cultural and treaty resources may be affected by a permittee's proposed activities. DATES: Effective March 2, 2015. FOR FURTHER INFORMATION CONTACT: Helene Scalliet at (301) 713-3125 x281 or [email protected]. SUPPLEMENTARY INFORMATION: On November 1, 2011, NOAA issued final regulations revising permit criteria for Olympic Coast National Marine Sanctuary (76 FR 67348). NOAA inadvertently excluded existing paragraphs (d) through (h) in section 922.153 from the regulatory text as a result of mistaken directions given to the Government Publishing Office, which is responsible for publishing the Code of Federal Regulations (CFR). Instead of amending only paragraphs (a) through (c) of that section, per the 2011 rulemaking, NOAA instructed GPO to revise section 922.153 in its entirety, thus replacing all existing regulatory text with sections (a) through (c). The missing paragraphs of regulatory text are essential to inform regulated entities of NOAA's responsibilities toward treaty Indian tribes and their cultural and tribal resources. NOAA's responsibility to federally recognized Indian tribes, their cultural and treaty resources may affect both the processing and determinations of applications to conduct activities in the Sanctuary. The missing paragraphs (d) through (h) can be found in a previous final rule in 60 FR 66875, published on December 27, 1995 and at 15 CFR 922.153 (2011). Evidence that this deletion of paragraphs (d) through (h) was an inadvertent procedural error can be drawn from NOAA's absence of discussion on these changes in the preambles of both the proposed and final rules, as well as the absence of analysis in the associated environmental assessment prepared according to the National Environmental Policy Act (NEPA). The plain language of the prior rule should have guided the public's knowledge and expectations of regulated entities proposing activities in the Sanctuary. Without the missing paragraphs, those expectations would be conflicted. Accordingly, NOAA is publishing this technical correction as a correcting amendment without notice and comment. This rule reinstates paragraphs (d) through (h) of section 922.153. Classification A. Executive Order 12866: Regulatory Impact This final rule has been determined to be not significant for purposes of the meaning of Executive Order 12866. B. Administrative Procedure Act/Regulatory Flexibility Act The Assistant Administrator of the National Ocean Service (NOS) finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive the notice and comment requirements of the Administrative Procedure Act because this rule merely reinstates language from a rule previously submitted to notice and comment review and inadvertently deleted from the Code of Federal Regulations and as such is unnecessary. This rule corrects a procedural error and ensures required and expected implementation of NOAA's statutory responsibilities toward treaty Indian tribes with cultural and treaty resources in or near the Sanctuary; improves communication and collaboration with federally recognized Indian tribes; and fulfills the intent of Executive Order 13175. NOAA has decided to make this document effective upon publication because public comment and delayed effectiveness are unnecessary. The language has already been subject to notice and comment from the public and is merely a restatement of pre-existing regulatory language. For the reasons above, the Assistant Administrator finds good cause to waive the 30-day delay in effectiveness. C. Regulatory Flexibility Act Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) W. Russell Callender, Acting Assistant Administrator for Ocean Services and Coastal Zone Management. Accordingly, for the reasons discussed in the preamble, the National Oceanic and Atmospheric Administration amends 15 CFR part 922 as follows: PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS 0 1. The authority citation for part 922 continues to read as follows: Authority: 16 U.S.C. 1431 et seq. 0 2. Revise Sec. 922.153 to read as follows: Sec. 922.153 Permit procedures and criteria (a) A person may conduct an activity prohibited by paragraphs (a)(2) through (8) of Sec. 922.152 if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and Sec. 922.48. (b) Applications for such permits should be addressed to the Director, Office of National Marine Sanctuaries; ATTN: Superintendent, Olympic Coast National Marine Sanctuary, 115 East Railroad Avenue, Suite 301, Port Angeles, WA 98362-2925. (c) The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he or she deems appropriate, to conduct an activity prohibited by paragraphs (a)(2) through (8) of Sec. 922.152, if the Director finds that the activity will not substantially injure Sanctuary resources and qualities and will: Further research related to Sanctuary resources and qualities; further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; assist in managing the Sanctuary; further salvage or recovery operations in connections with an abandoned shipwreck in the Sanctuary title to which is held by the State of Washington; or be issued to an American Indian tribe adjacent to the Sanctuary, and/or its designee as certified by the governing body of the tribe, to promote or enhance tribal self-determination, tribal government functions, the exercise of treaty rights, the economic development of the tribe, subsistence, ceremonial and spiritual activities, or the education or training of tribal members. For the purpose of this part, American Indian tribes adjacent to the sanctuary mean the Hoh, Makah, and Quileute Indian Tribes and the Quinault Indian Nation. In deciding whether to issue a permit, the Director may consider such factors as: The professional qualifications and financial ability of the applicant as related to the proposed activity; the duration of the activity and the duration of its effects; the appropriateness of the methods and procedures proposed by the applicant [[Page 11113]] for the conduct of the activity; the extent to which the conduct of the activity may diminish or enhance Sanctuary resources and qualities; the cumulative effects of the activity; the end value of the activity; and the impacts of the activity on adjacent American Indian tribes. Where the issuance or denial of a permit is requested by the governing body of an American Indian tribe, the Director shall consider and protect the interests of the tribe to the fullest extent practicable in keeping with the purposes of the Sanctuary and his or her fiduciary duties to the tribe. The Director may also deny a permit application pursuant to this section, in whole or in part, if it is determined that the permittee or applicant has acted in violation of the terms or conditions of a permit or of these regulations. In addition, the Director may consider such other factors as he or she deems appropriate. (d) It shall be a condition of any permit issued that the permit or a copy thereof be displayed on board all vessels or aircraft used in the conduct of the activity. (e) The Director may, inter alia, make it a condition of any permit issued that any data or information obtained under the permit be made available to the public. (f) The Director may, inter alia, make it a condition of any permit issued that a NOAA official be allowed to observe any activity conducted under the permit and/or that the permit holder submit one or more reports on the status, progress or results of any activity authorized by the permit. (g) The Director shall obtain the express written consent of the governing body of an Indian tribe prior to issuing a permit, if the proposed activity involves or affects resources of cultural or historical significance to the tribe. (h) Removal, or attempted removal of any Indian cultural resource or artifact may only occur with the express written consent of the governing body of the tribe or tribes to which such resource or artifact pertains, and certification by the Director that such activities occur in a manner that minimizes damage to the biological and archeological resources. Prior to permitting entry onto a significant cultural site designated by a tribal governing body, the Director shall require the express written consent of the governing body of the tribe or tribes to which such cultural site pertains. [FR Doc. 2015-04237 Filed 2-27-15; 8:45 am] BILLING CODE 3510-NK-P
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FAA Analysis of aircraft manufactured after 2010 that Applicability
The FAA has reviewed the PARC have DLC recording capability. In applying this regulation, aircraft
report and discussed the issue with Comments Requested are divided into two groups: Those
various aviation organizations. Based on manufactured on or after the effective
the data and recommendations received, While this policy update is effective date of the rule, and those manufactured
the FAA concluded that a significant on publication, the FAA seeks comment before that date.
need for clarification and revision of from interested persons regarding the Those airplanes or rotorcraft
current policy exits. The agency and the application of the policy to affected manufactured on or after the effective
industry have made significant operators. We are particularly interested date, must record all datalink
investment in data communications. in comments identifying the make/ communications when both of the
These systems are expected to reduce model/series of aircraft that had a following conditions are met:
communication errors and improve certified DLC design approval prior to • The aircraft is required to have both
safety in the NAS as they enhance NAS the effective date of the rule, and any a cockpit voice recorder and a flight
efficiency and capacity. information regarding the economic data recorder; and
The FAA better understands the cost impacts of the prior and revised polices, • The aircraft has datalink equipment
of installing DLR systems on aircraft and descriptions of circumstances for installed that uses an approved message
that were designed and manufactured which application of the regulation set (see FAA Advisory Circular 20–160).
before the regulation was promulgated remains unclear following this policy Those airplanes or rotorcraft
and no provisions for DLC recording update. manufactured before the effective date
were available. Most aircraft produced of the rule must record all datalink
after the effective date of the rule have Updated Policy communications when both of the
the base mechanisms for DLC already following conditions are met:
Datalink recording requirements are
installed at manufacture, which • The aircraft is required to have both
significantly decreases the cost and found in the operating regulations of
a cockpit voice recorder and a flight
impact of incorporating a recording Title 14 of the Code of Federal data recorder; and
component. Accordingly, the policy Regulations (14 CFR), specifically in • The MAKE/MODEL/SERIES of the
changes announced in this document § 91.609, effective April 6, 2012; and in aircraft did not have any certified DLC
are applicable to aircraft that were §§ 121.359, 125.227 and 135.151, equipment installation design approval
manufactured before December 6, 2010 effective December 6, 2010. These (providing one or more of the messages
(or April 6, 2012, if complying with part regulations each require that the subject identified in AC 20–160) prior to the
91). airplanes or rotorcraft that install effective date of the rule.
The FAA agrees that the complexity datalink communication equipment on The FAA InFO 10016 dated August
of the current guidance has resulted in or after [the effective date of the rule], 16, 2010 is cancelled. A revised InFO
inconsistent application of the rule. The must record all datalink messages as reflecting the policy changes noted here
recording regulation was not intended required by the certification rule is under development and will be
to discourage the installation of datalink applicable to the aircraft. posted on the FAA Web site when
capability, and its applicability should This policy statement clarifies how completed.
not depend on the subjective the FAA defines the phrase ‘‘install Issued in Washington, DC, on February 23,
interpretation of factors as minor as the datalink communication equipment’’ for 2015.
day a previously installed system was purposes of the recordation John S. Duncan,
turned on or the scope of changes to a requirement. Clarification of this policy Director, Flight Standards Service.
previously approved DLC system. In and FAA guidance material is intended
order to maximize the safety and [FR Doc. 2015–04158 Filed 2–25–15; 11:15 am]
to assist FAA personnel and aircraft BILLING CODE 4910–13–P
efficiency benefits of DLC use in the operators in determining when datalink
NAS, the FAA is simplifying its recording is required.
guidance regarding the applicability of
the recording requirement for aircraft Definition of Datalink Communication DEPARTMENT OF COMMERCE
that were manufactured before the Equipment
effective date of the rule. National Oceanic and Atmospheric
The target aircraft for this policy The term ‘‘datalink communication Administration
change represent approximately 30% of equipment’’ as used in these
the current U.S. fleet operating under regulations, means all of the 15 CFR Part 922
parts 121 and 135, as reported by the components installed on the aircraft that [Docket No. 140903747–4747–01]
PARC. These 2,116 aircraft were are necessary to complete data
manufactured prior to 2010 and had a communications. The equipment may RIN 0648–BE48
certified DLC system that was available vary for individual aircraft, but could
include the Flight Management Olympic Coast National Marine
before the recordation rule became
Computer; Communications Sanctuary Regulations; Correction
effective. This number will gradually
decrease as these older aircraft are Management Unit (CMU), or equipment AGENCY: Office of National Marine
retired and replaced. Since DLC with an equivalent function that hosts Sanctuaries (ONMS), National Ocean
recordation was not required when an approved message set (e.g., CPDLC
wreier-aviles on DSK5TPTVN1PROD with RULES
Service (NOS), National Oceanic and
these aircraft were manufactured, none application), the datalink router (e.g., Atmospheric Administration (NOAA),
of the messages associated with those hosted in the CMU) that routes the Department of Commerce (DOC).
certified systems were identified, messages to the radios, any radios (e.g., ACTION: Correcting amendment.
making application of the regulation VHF, HF Datalink, Satcom) that are used
difficult and inconsistent. The FAA to transmit the messages using an SUMMARY: The National Oceanic and
forecasts that by 2020, 34% of the U.S. approved message set, and any antennas Atmospheric Administration (NOAA) is
fleet (approximately 2,200) will consist associated with these radios. reinstating missing paragraphs of the
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![Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11113
for the conduct of the activity; the CONSUMER PRODUCT SAFETY product engineers and experts; and (2)
extent to which the conduct of the COMMISSION promulgate consumer product safety
activity may diminish or enhance standards for durable infant and toddler
Sanctuary resources and qualities; the 16 CFR Parts 1112 and 1230 products. These standards are to be
cumulative effects of the activity; the [Docket No. CPSC–2014–0011] ‘‘substantially the same as’’ applicable
end value of the activity; and the voluntary standards or more stringent
impacts of the activity on adjacent Safety Standard for Frame Child than the voluntary standards if the
American Indian tribes. Where the Carriers Commission determines that more
issuance or denial of a permit is stringent requirements would further
AGENCY: Consumer Product Safety reduce the risk of injury associated with
requested by the governing body of an
Commission. the product. The term ‘‘durable infant or
American Indian tribe, the Director shall
ACTION: Final rule. toddler product’’ is defined in section
consider and protect the interests of the
tribe to the fullest extent practicable in 104(f)(1) of the CPSIA as ‘‘a durable
SUMMARY: The Danny Keysar Child product intended for use, or that may be
keeping with the purposes of the Product Safety Notification Act, section reasonably expected to be used, by
Sanctuary and his or her fiduciary 104 of the Consumer Product Safety children under the age of 5 years.’’
duties to the tribe. The Director may Improvement Act of 2008 (CPSIA), On May 16, 2014, the Commission
also deny a permit application pursuant requires the United States Consumer issued a notice of proposed rulemaking
to this section, in whole or in part, if it Product Safety Commission (NPR) for frame child carriers. 79 FR
is determined that the permittee or (Commission or CPSC) to promulgate 28458. The NPR proposed to
applicant has acted in violation of the consumer product safety standards for incorporate by reference the voluntary
terms or conditions of a permit or of durable infant or toddler products. standard, ASTM F2549–14, Standard
these regulations. In addition, the These standards are to be ‘‘substantially Consumer Safety Specification for
Director may consider such other factors the same as’’ applicable voluntary Frame Child Carriers, with one
as he or she deems appropriate. standards or more stringent than the proposed substitute provision that
(d) It shall be a condition of any voluntary standards if the Commission would provide clear pass/fail criteria for
permit issued that the permit or a copy determines that more stringent an existing test.
thereof be displayed on board all vessels requirements would further reduce the In this document, the Commission is
or aircraft used in the conduct of the risk of injury associated with the issuing a mandatory safety standard for
activity. products. The Commission is issuing a frame child carriers. As required by
safety standard for frame child carriers section 104(b)(1)(A), the Commission
(e) The Director may, inter alia, make in response to the direction under consulted with manufacturers, retailers,
it a condition of any permit issued that section 104(b) of the CPSIA. In addition, trade organizations, laboratories,
any data or information obtained under the Commission is amending its consumer advocacy groups, consultants,
the permit be made available to the regulations regarding third party and the public to develop this proposed
public. conformity assessment bodies to include standard, largely through the ASTM
(f) The Director may, inter alia, make the mandatory standard for frame child process. The rule incorporates by
it a condition of any permit issued that carriers in the list of Notices of reference the most recent voluntary
a NOAA official be allowed to observe Requirements (NOR) issued by the standard developed by ASTM
any activity conducted under the permit Commission. International (formerly the American
and/or that the permit holder submit Society for Testing and Materials),
DATES: The rule will become effective
one or more reports on the status, ASTM F2549–14a, Standard Consumer
on September 2, 2016. The
progress or results of any activity Safety Specification for Frame Child
incorporation by reference of the
authorized by the permit. Carriers. This most recent version of the
publication listed in this rule is
ASTM voluntary standard includes the
(g) The Director shall obtain the approved by the Director of the Federal
clear pass/fail criteria for an existing test
express written consent of the governing Register as of September 2, 2016.
that were proposed in the NPR.
body of an Indian tribe prior to issuing FOR FURTHER INFORMATION CONTACT: Julio In addition, the final rule amends the
a permit, if the proposed activity Alvarado, Compliance Officer, list of NORs issued by the Commission
involves or affects resources of cultural Consumer Product Safety Commission, in 16 CFR part 1112 to include the
or historical significance to the tribe. 4330 East-West Highway, Bethesda, MD standard for frame child carriers. Under
(h) Removal, or attempted removal of 20814; telephone: 301–504–7418; email: section 14 of the Consumer Product
any Indian cultural resource or artifact jalvarado@cpsc.gov. Safety Act (CPSA), the Commission
may only occur with the express written SUPPLEMENTARY INFORMATION: promulgated 16 CFR part 1112 to
consent of the governing body of the I. Background and Statutory Authority establish requirements for accreditation
tribe or tribes to which such resource or of third party conformity assessment
artifact pertains, and certification by the The Consumer Product Safety bodies (or testing laboratories) to test for
Director that such activities occur in a Improvement Act of 2008 (CPSIA, conformance with a children’s product
Pub. L. 110–314) was enacted on August safety rule. Amending part 1112 adds a
manner that minimizes damage to the
14, 2008. Section 104(b) of the CPSIA, NOR for the frame child carrier standard
biological and archeological resources.
part of the Danny Keysar Child Product to the list of children’s product safety
Prior to permitting entry onto a
Safety Notification Act, requires the
wreier-aviles on DSK5TPTVN1PROD with RULES
significant cultural site designated by a rules.
Commission to: (1) Examine and assess
tribal governing body, the Director shall II. Product Description
the effectiveness of voluntary consumer
require the express written consent of product safety standards for durable The scope of ASTM F2549–14a
the governing body of the tribe or tribes infant or toddler products, in defines a ‘‘frame child carrier’’ as ‘‘a
to which such cultural site pertains. consultation with representatives of product, normally of sewn fabric
[FR Doc. 2015–04237 Filed 2–27–15; 8:45 am] consumer groups, juvenile product construction on a tubular metal or other
BILLING CODE 3510–NK–P manufacturers, and independent child frame, which is designed to carry a
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Document Created: 2015-12-18 12:07:58
Document Modified: 2015-12-18 12:07:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Correcting amendment. | |
| Dates | Effective March 2, 2015. | |
| Contact | Helene Scalliet at (301) 713-3125 x281 or [email protected] | |
| FR Citation | 80 FR 11111 | |
| RIN Number | 0648-BE48 |
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