80 FR 34047 - Expansion of Gulf of the Farallones and Cordell Bank National Marine Sanctuaries, and Regulatory Changes; Name Change
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 114 (June 15, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 114 (June 15, 2015)
| Page Range | 34047-34048 | |
| FR Document | 2015-14639 |
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)] [Rules and Regulations] [Pages 34047-34048] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14639] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No 150306233-5233-01] RIN 0648-BE95 Expansion of Gulf of the Farallones and Cordell Bank National Marine Sanctuaries, and Regulatory Changes; Name Change AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of effective date; final rule, technical amendment. ----------------------------------------------------------------------- SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is providing notice that the final rule published on March 12, 2015 (80 FR 13078) became effective on June 9, 2015. NOAA is also changing the name of Gulf of the Farallones National Marine Sanctuary to Greater Farallones National Marine Sanctuary. DATES: Effective Date: The regulations published on March 12, 2015 (80 FR 13078) became effective on June 9, 2015. The technical amendment changing the name of Gulf of the Farallones National Marine Sanctuary becomes effective upon publication of this final rule on June 15, 2015. FOR FURTHER INFORMATION CONTACT: Maria Brown, Superintendent, Greater Farallones National Marine Sanctuary, (415) 561-6622 ext. 301 or [email protected]. SUPPLEMENTARY INFORMATION: The Gulf of the Farallones National Marine Sanctuary (GFNMS) was designated in 1981 and was originally named the Point Reyes/Farallon Islands National Marine Sanctuary. The name was changed to Gulf of the Farallones National Marine Sanctuary on January 27, 1997 (62 FR 3788). In March 2015, NOAA expanded the sanctuary from approximately 1,282 square miles (968 square nautical miles) to approximately 3,295 square miles (2,488 square nautical miles)(80 FR 13078). This document provides notice that pursuant to Section 304(b) of the National Marine Sanctuaries Act (16 U.S.C. 1434(b)), the final regulations for GFNMS and Cordell Bank National Marine Sanctuary published on March 12, 2015 (80 FR 13078) took effect after 45 days of continuous session of Congress beginning on March 12, 2015. Through this notice, NOAA is announcing the regulations became effective on June 9, 2015. The final rule published on March 12, 2015 postponed for 6 months the effective date for the discharge requirements in both expansion areas with regard to U.S. Coast Guard activities, starting on the day when the rest of the final rule became effective. Therefore the effective date for the discharge requirements in both expansion areas with regard to U.S. Coast Guard activities is December 9, 2015. With this expansion, which extends the scope of the sanctuary well beyond the Farralon Islands, the existing name ``Gulf of the Farallones'' no longer adequately reflects the area's bioregion. The need to change the sanctuary's name was raised during the public hearings on the GFNMS expansion. Consequently, the GFNMS Sanctuary Advisory Council established a subcommittee to explore a potential new name for the expanded sanctuary. GFNMS staff, working with a team of marketing experts, then developed a list of 30 potential names and presented them to the subcommittee, which narrowed the list to three names for consideration by the full Advisory Council on November 19, 2014. On February 25, 2015, the Advisory Council recommended two options to the GFNMS Superintendent: (1) Keeping the name ``Gulf of the Farallones National Marine Sanctuary'' because the name is familiar and still represents one of the core elements of the sanctuary ecosystem; and (2) changing the name to the Greater Farallones National Marine Sanctuary to better capture the added features of the expanded sanctuary. After reviewing both of these recommendations carefully, NOAA decided on ``Greater Farallones National Marine Sanctuary'' to be more inclusive and representative of the expanded sanctuary. 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 amendment is technical in nature, having no substantive impact, and no useful purpose would be served by [[Page 34048]] providing notice and opportunity for comment under the Administrative Procedure Act. Nor is a 30-day delay in effective date required under 5 U.S.C. 553(d) due to the non-substantive nature of this technical amendment. NOAA has decided to make this document effective upon publication because public comment and delayed effectiveness are unnecessary. 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) Dated: June 9, 2015. 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. Subpart H--[Amended] 0 2. Amend Subpart H of Part 922 by removing ``Farallones National Marine Sanctuary'' wherever it appears and adding in its place ``Greater Farallones National Marine Sanctuary.'' Sec. 922.110 [Amended] 0 3. Amend Sec. 922.110 by removing ``Farallones National Marine Sanctuary'' and adding in its place ``Greater Farallones National Marine Sanctuary'' and removing ``FNMS'' and adding in its place ``GFNMS.'' Sec. 922.130 [Amended] 0 4. Amend Sec. 922.130 by removing ``Gulf of the Farallones National Marine Sanctuary'' and adding in its place ``Greater Farallones National Marine Sanctuary.'' [FR Doc. 2015-14639 Filed 6-12-15; 8:45 am] BILLING CODE 3510-NK-P
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■ 6. Amend § 120.712 by removing DEPARTMENT OF COMMERCE announcing the regulations became
paragraph (c) and redesignating effective on June 9, 2015. The final rule
paragraphs (d) and (e) as paragraphs (c) National Oceanic and Atmospheric published on March 12, 2015 postponed
and (d) respectively, and revising newly Administration for 6 months the effective date for the
redesignated paragraph (c) to read as discharge requirements in both
follows: 15 CFR Part 922 expansion areas with regard to U.S.
[Docket No 150306233–5233–01] Coast Guard activities, starting on the
§ 120.712 How does an Intermediary get a day when the rest of the final rule
grant to assist Microloan borrowers? RIN 0648–BE95 became effective. Therefore the effective
* * * * * date for the discharge requirements in
(c) Intermediaries eligible to receive Expansion of Gulf of the Farallones both expansion areas with regard to U.S.
additional grant monies. An and Cordell Bank National Marine Coast Guard activities is December 9,
Intermediary may receive an additional Sanctuaries, and Regulatory Changes; 2015.
SBA grant equal to five percent of the Name Change With this expansion, which extends
outstanding balance of all loans AGENCY: Office of National Marine the scope of the sanctuary well beyond
received from SBA (with no obligation Sanctuaries (ONMS), National Ocean the Farralon Islands, the existing name
to contribute additional matching funds) Service (NOS), National Oceanic and ‘‘Gulf of the Farallones’’ no longer
if the Intermediary is a Specialized Atmospheric Administration (NOAA), adequately reflects the area’s bioregion.
Intermediary. Department of Commerce (DOC). The need to change the sanctuary’s
* * * * * ACTION: Notice of effective date; final name was raised during the public
rule, technical amendment. hearings on the GFNMS expansion.
■ 7. Add new § 120.716 to read as
Consequently, the GFNMS Sanctuary
follows:
SUMMARY: The National Oceanic and Advisory Council established a
§ 120.716 What is the minimum number of Atmospheric Administration (NOAA) is subcommittee to explore a potential
loans an Intermediary must make each providing notice that the final rule new name for the expanded sanctuary.
Federal fiscal year? published on March 12, 2015 (80 FR GFNMS staff, working with a team of
(a) Minimum loan requirement. 13078) became effective on June 9, 2015. marketing experts, then developed a list
Intermediaries must close and fund the NOAA is also changing the name of Gulf of 30 potential names and presented
required number of microloans per year of the Farallones National Marine them to the subcommittee, which
(October 1–September 30) as follows, Sanctuary to Greater Farallones National narrowed the list to three names for
except that an Intermediary entering the Marine Sanctuary. consideration by the full Advisory
program will not be required to meet the DATES: Effective Date: The regulations Council on November 19, 2014. On
minimum in that year: published on March 12, 2015 (80 FR February 25, 2015, the Advisory Council
(1) For fiscal year 2015, four 13078) became effective on June 9, 2015. recommended two options to the
microloans, The technical amendment changing the GFNMS Superintendent: (1) Keeping the
name of Gulf of the Farallones National name ‘‘Gulf of the Farallones National
(2) For fiscal year 2016, six
Marine Sanctuary becomes effective Marine Sanctuary’’ because the name is
microloans,
upon publication of this final rule on familiar and still represents one of the
(3) For fiscal year 2017, eight June 15, 2015. core elements of the sanctuary
microloans, and ecosystem; and (2) changing the name to
FOR FURTHER INFORMATION CONTACT:
(4) For fiscal years 2018 and Maria Brown, Superintendent, Greater the Greater Farallones National Marine
thereafter, ten microloans per year. Farallones National Marine Sanctuary, Sanctuary to better capture the added
(b) Intermediaries that do not meet the (415) 561–6622 ext. 301 or features of the expanded sanctuary.
minimum loan requirement are not Maria.Brown@noaa.gov. After reviewing both of these
eligible to receive new grant funding SUPPLEMENTARY INFORMATION: The Gulf recommendations carefully, NOAA
unless they submit a corrective action of the Farallones National Marine decided on ‘‘Greater Farallones National
plan acceptable to SBA, in its Sanctuary (GFNMS) was designated in Marine Sanctuary’’ to be more inclusive
discretion. Intermediaries that have 1981 and was originally named the and representative of the expanded
submitted acceptable corrective action Point Reyes/Farallon Islands National sanctuary.
plans may receive a reduced grant at Marine Sanctuary. The name was Classification
SBA’s discretion. changed to Gulf of the Farallones
■ 8. Amend § 120.1425 by revising National Marine Sanctuary on January A. Executive Order 12866: Regulatory
paragraph (d)(2) to read as follows: 27, 1997 (62 FR 3788). In March 2015, Impact
NOAA expanded the sanctuary from This final rule has been determined to
§ 120.1425 Grounds for enforcement approximately 1,282 square miles (968 be not significant for purposes of the
actions—Intermediaries participating in the
Microloan Program and NTAPs.
square nautical miles) to approximately meaning of Executive Order 12866.
3,295 square miles (2,488 square
* * * * * nautical miles)(80 FR 13078). B. Administrative Procedure Act/
(d) * * * This document provides notice that Regulatory Flexibility Act
(2) Failure to close and fund the pursuant to Section 304(b) of the The Assistant Administrator of the
required number of microloans per year National Marine Sanctuaries Act (16 National Ocean Service (NOS) finds
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under § 120.716. U.S.C. 1434(b)), the final regulations for good cause pursuant to 5 U.S.C.
* * * * * GFNMS and Cordell Bank National 553(b)(B) to waive the notice and
Marine Sanctuary published on March comment requirements of the
Maria Contreras-Sweet, 12, 2015 (80 FR 13078) took effect after Administrative Procedure Act because
Administrator. 45 days of continuous session of this amendment is technical in nature,
[FR Doc. 2015–14413 Filed 6–12–15; 8:45 am] Congress beginning on March 12, 2015. having no substantive impact, and no
BILLING CODE 8025–01–P Through this notice, NOAA is useful purpose would be served by
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![34048 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations
providing notice and opportunity for SOCIAL SECURITY ADMINISTRATION earned based on an individual’s own
comment under the Administrative earnings record. We base a spouse’s
[Docket No. SSA 2007–0040]
Procedure Act. Nor is a 30-day delay in benefit on the Social Security earnings
effective date required under 5 U.S.C. 20 CFR Part 404 record of an individual’s current,
553(d) due to the non-substantive nature deceased, or former spouse. The GPO
of this technical amendment. NOAA has RIN 0960–AG50 does not apply to Social Security
decided to make this document effective retirement or disability benefits that we
Sixty-Month Period of Employment base on an individual’s own earnings.
upon publication because public
Requirement for Government Pension Under the Social Security program, an
comment and delayed effectiveness are
Offset Exemption individual who is entitled to more than
unnecessary.
AGENCY: Social Security Administration one Social Security benefit at the same
C. Regulatory Flexibility Act (SSA). time does not receive the full amount of
ACTION: Final rule. each benefit. For example, an individual
Because notice and opportunity for who worked and paid Social Security
comment are not required pursuant to 5 SUMMARY: This final rule adopts, with taxes may be eligible for a retirement
U.S.C. 553 or any other law, the clarifying changes, the proposed rule we benefit based on his or her own earnings
analytical requirements of the previously published in the Federal and may also be eligible for spouse’s
Regulatory Flexibility Act (5 U.S.C. 601 Register on August 3, 2007. This final benefits based on another person’s
et seq.) are inapplicable. Therefore, a rule revises our Government Pension earnings. In this case, if the spouse’s
regulatory flexibility analysis is not Offset (GPO) regulations to reflect benefit is greater than the individual’s
required and has not been prepared. changes to the Social Security Act retirement benefit, we will reduce the
(Federal Domestic Assistance Catalog (‘‘Act’’) made by section 9007 of the spouse’s benefit by the amount of the
Number 11.429 Marine Sanctuary Program) Omnibus Budget Reconciliation Act of individual’s own retirement benefit.
1987 (OBRA 1987) and section 418 of Therefore, the individual’s own
Dated: June 9, 2015.
the Social Security Protection Act of retirement benefit ‘‘offsets’’ the benefit
W. Russell Callender, amount paid as a spouse.
2004 (SSPA). These regulations explain
Acting Assistant Administrator for Ocean how and when we will reduce the In certain instances, an individual
Services and Coastal Zone Management. Social Security spouse’s benefit for may earn wages but not pay Social
Accordingly, for the reasons some people who receive Federal, State, Security taxes. We call this noncovered
discussed in the preamble, the National or local government pensions if Social work. This situation exists for some
Security did not cover their government Federal, State, and local government
Oceanic and Atmospheric
work. employees who contributed to a
Administration amends 15 CFR part 922
DATES: This final rule is effective on July government-employee pension plan and
as follows:
15, 2015. receive a government pension. Since
PART 922—NATIONAL MARINE FOR FURTHER INFORMATION CONTACT:
these individuals did not pay Social
SANCTUARY PROGRAM Sylvia Diaz, Social Insurance Specialist, Security taxes on their noncovered
REGULATIONS Office of Income Security Programs, employment, they are not eligible for
Social Security Administration, 6401 Social Security retirement benefits
Security Boulevard, Baltimore, based on that work. However, they may
■ 1. The authority citation for part 922
Maryland 21235–6401, (410) 965–1981. be eligible for Social Security spouse’s
continues to read as follows:
For information on eligibility or filing benefits.
Authority: 16 U.S.C. 1431 et seq. Congress believed that individuals
benefits, call our national toll-free
who received a government pension
Subpart H—[Amended] number, 1–800–772–1213 or TTY 1–
based on their own noncovered work
800–325–0778, or visit our Internet site,
would receive a ‘‘windfall’’ if they also
Social Security Online, at
■ 2. Amend Subpart H of Part 922 by received Social Security spouse’s
www.socialsecurity.gov.
removing ‘‘Farallones National Marine benefits that their government pension
Sanctuary’’ wherever it appears and SUPPLEMENTARY INFORMATION: did not offset.1 To prevent this
adding in its place ‘‘Greater Farallones Background ‘‘windfall,’’ Congress passed the GPO
National Marine Sanctuary.’’ provision in 1977.2 The GPO treats
Congress enacted the GPO in 1977 to government workers similarly to
§ 922.110 [Amended] reduce the Social Security spouse’s individuals who worked in jobs that
benefit of workers who receive a Social Security covered by reducing
■ 3. Amend § 922.110 by removing government pension based on
‘‘Farallones National Marine Sanctuary’’ their Social Security spouse’s benefit
noncovered employment. A Social when they receive a government
and adding in its place ‘‘Greater Security spouse’s old-age benefit is a
Farallones National Marine Sanctuary’’ pension based on their own noncovered
benefit that, under certain work.
and removing ‘‘FNMS’’ and adding in circumstances, the spouse, widow(er), Under the 1977 law, the GPO did not
its place ‘‘GFNMS.’’ mother, father, divorced spouse, or apply if Social Security covered the
surviving divorced spouse of an insured person’s last day of government
§ 922.130 [Amended]
person is entitled to receive. Congress employment. The wording of this law
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■ 4. Amend § 922.130 by removing created spouse’s benefits to help people allowed an individual to spend an
‘‘Gulf of the Farallones National Marine who depend on their working spouses entire career in a noncovered job and
Sanctuary’’ and adding in its place for financial support, either because avoid the GPO by working in a covered
‘‘Greater Farallones National Marine they did not work or did not work long job for only 1 day. To close this ‘‘last
Sanctuary.’’ enough to be entitled to their own
Social Security retirement benefit. 1 See S. Rep. No. 95–572, at 28 (1977).
[FR Doc. 2015–14639 Filed 6–12–15; 8:45 am] Spouse’s benefits are separate from 2 Public Law 95–216, 91 Stat. 1509 (1977); see 42
BILLING CODE 3510–NK–P the Social Security retirement benefits U.S.C. 402(k)(5)(A).
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Document Created: 2015-12-15 15:13:35
Document Modified: 2015-12-15 15:13:35
| 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 | Notice of effective date; final rule, technical amendment. | |
| Contact | Maria Brown, Superintendent, Greater Farallones National Marine Sanctuary, (415) 561-6622 ext. 301 or [email protected] | |
| FR Citation | 80 FR 34047 | |
| RIN Number | 0648-BE95 |
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