80 FR 51973 - Initiation of Review of Management Plan and Regulations of the Monterey Bay National Marine Sanctuary; Intent To Conduct Scoping and Prepare Draft Environmental Impact Statement and Management Plan
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 166 (August 27, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 166 (August 27, 2015)
| Page Range | 51973-51975 | |
| FR Document | 2015-21132 |
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)] [Proposed Rules] [Pages 51973-51975] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21132] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 Initiation of Review of Management Plan and Regulations of the Monterey Bay National Marine Sanctuary; Intent To Conduct Scoping and Prepare Draft Environmental Impact Statement and Management Plan AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Initiation of review of management plan and regulations; intent to conduct scoping and prepare environmental impact statement. ----------------------------------------------------------------------- SUMMARY: Monterey Bay National Marine Sanctuary (MBNMS or sanctuary) was designated in September 1992. It spans 4,601 square nautical miles (6.094 square miles) of marine waters off the central California coast, encompassing several large, nearshore submarine canyons, an offshore seamount and numerous marine habitats representative of the central California coastal and marine ecosystem. The present management plan was written and published in 2008 along with a final environmental impact statement in accordance with the National Environmental Policy Act (NEPA). In accordance with Section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is initiating a review of the MBNMS management plan, to evaluate substantive progress toward implementing the goals for the sanctuary, and to make revisions to the plan and regulations as necessary to fulfill the purposes and policies of the NMSA. NOAA anticipates regulatory and management plan changes will require preparation of an environmental analysis under the National Environmental Policy Act (NEPA). NOAA will conduct public scoping meetings to gather information and other comments from individuals, organizations, tribes, and government agencies on the scope, types and significance of issues related to the MBNMS management plan and regulations and the proper scope of environmental review for the project. The scoping meetings are scheduled as detailed below. [[Page 51974]] DATES: Written comments should be received on or before October 30, 2015. Scoping meetings will be held on: (1) September 10, 6-8 p.m., Monterey Conference Center, Monterey, CA. (2) September 23, 6-8 p.m., Louden Nelson Center, Santa Cruz, CA. (3) October 23, 6-8 p.m., Veteran's Memorial Hall, Cambria, CA. ADDRESSES: You may submit comments on this document, identified by NOAA-NOS-2015-0999, by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NOS-2015-0999, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: 99 Pacific Street, Bldg. 455A, Monterey, California 93940, Attn: Paul Michel, Superintendent. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NOAA. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NOAA will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Dawn Hayes, 831.647.4256, [email protected]. SUPPLEMENTARY INFORMATION: Reviewing the MBNMS management plan may result in proposed changes to existing plans and policies to address contemporary issues and challenges, and better protect and manage the sanctuary's resources and qualities. The review process is composed of four major stages: (1) Information collection and characterization; (2) preparation and release of a draft management plan and environmental impact statement, and any proposed amendments to the regulations; (3) public review and comment; (4) preparation and release of a final management plan and environmental document, and any final amendments to the regulations. NOAA will also address other statutory and regulatory requirements that may be required pursuant to the Endangered Species Act, Marine Mammal Protection Act, Essential Fish Habitat provisions of the Magnuson-Stevens Act, and the National Historic Preservation Act. Preliminary Priority Topics NOAA has prepared a preliminary list of priority topics to consider during the MBNMS management plan review process. We are interested in public comment on these topics, as well as any other topics of interest to the public or other agencies in the context of the MBNMS management plan review. This list does not preclude or in any way limit the consideration of additional topics raised through public comment, government-to-government and interagency consultations, and discussions with partner agencies. Collaborative Research and Management There is a continuing need for characterization, research and monitoring to understand baseline conditions of marine resources within the sanctuary, ecosystem functions, and status and trends of biological and socioeconomic resources. NOAA relies on the continued support of multiple partners and volunteers, and strives to address critical resource protection through collaborative multi-stakeholder management efforts. In addition to updating existing action plans in the management plan, NOAA is considering adding strategies and activities to address the following issues: Climate Change--Climate change is widely acknowledged, yet there is considerable uncertainty about current and future consequences at local, ecosystem and oceanic scales. Increased coordination and cooperation among science and resource management agencies are required to improve planning, monitoring and adaptive management to address this phenomenon as it pertains to the protection of MBNMS resources. Wildlife Disturbance--MBNMS is an active area with abundant human use, offering some of the most significant marine wildlife viewing in the world. NOAA is concerned about a variety of human activities that have the ability to disturb marine wildlife. The harassment of wildlife, in particular marine mammals, has increased in recent years due to increased numbers (and proximity) of certain whale species and humans involved in on-the-water activities. Impacts to the MBNMS soundscape are also a concern, as the cumulative effects of underwater noise generated by a variety of human activities have grown over the past half century. Expanded use of unmanned aircraft systems over the sanctuary may also require additional analysis to determine the degree to which these aircraft may, or may not, be causing harm to wildlife. Water Quality Protection--Water quality is key to ensuring protection for all sanctuary resources. Given the level of coastal development along MBNMS's extensive coastline, runoff of contaminants such as sediments, nutrients, fecal bacteria, pesticides, oil, grease, metals, and detergents from the approximately 7,000 square miles of coastal watershed areas makes the sanctuary vulnerable to coastal water pollution problems. Although MBNMS has an award-winning water quality protection program, NOAA believes that more focused attention on specific water quality issues is needed, as well as a coordinated regional monitoring program to provide meaningful information on conditions, trends, and contaminant loads. Marine Debris--Coastal marine debris is a persistent and poorly diagnosed problem within the sanctuary that negatively impacts natural and socioeconomic resources and qualities, including marine mammals, turtles and seabirds. NOAA is seeking input on innovative source controls and cleanups could help minimize impacts to sanctuary waters and habitats. Regulatory Changes and Clarifications NOAA is considering several modifications to MBNMS regulations and definitions to facilitate resource protection, clarify legal intent, and enhance public understanding. These include: Clarifying the extent of the shoreward sanctuary boundary line and the means by which some of the zones within MBNMS are delineated; clarifying the intent of the prohibition on the take of historical resources; and prohibiting tampering with MBNMS signage and buoys. Other regulatory changes may be considered based on public scoping comments and staff work to adjust various action plans within the management plan. Other potential regulatory modifications on which NOAA is seeking public input include: (1) Reducing the required High Surf Warning (HSW) condition for Motorized Personal Watercraft operations at Mavericks to a High Surf Advisory (HSA) condition. (2) Minimizing disturbance from low overflights in the area of the Common Murre colony at Devil's Slide, a restoration site just beyond the MBNMS boundary line at Point San Pedro (San Mateo County). (3) Designating of specific zones where fireworks may be permitted within MBNMS. [[Page 51975]] (4) Updating regulations to clarify the extent of the shoreward sanctuary boundary line. (5) Ensuring that salvers operating within MBNMS meet minimum industry standards for safety, liability, capacity, and environmentally sensitive salvage techniques during both emergency and non-emergency operations. (6) Clarifying the definition of ``cruise ship'' to include not only ships with berths for hire as is currently defined, but also ships with condominiums under private ownership. (7) Clarifying the intent and applicability of the existing prohibition on deserting a vessel in MBNMS. Education, Outreach and Citizen Science Enhancing the public's awareness and appreciation of sanctuary resources is a cornerstone of MBNMS's mission. Recent initiatives, such as visitor centers, video media production, and partnering with recreation and tourism industry offer opportunities for NOAA and other entities to expand educational and outreach contributions and reach larger audiences. NOAA is seeking the public's view on developing and enhancing programs designed to enhance public awareness, including opportunities to participate in environmental research and monitoring. Condition Report To inform the MBNMS management plan review, NOAA is updating the Monterey Bay National Marine Sanctuary Condition Report, which was first published in 2009. The 2009 report provided a summary of resources in MBNMS, pressures on those resources, current conditions and recent trends within the Sanctuary, and management responses to mitigate negative impacts. The 2015 Condition Report will update current conditions and recent changes for water quality, habitat, living resources and maritime archaeological resources in the sanctuary. It will also include an assessment of the Davidson Seamount Management Zone which NOAA added to MBNMS in 2009. A summary of the 2015 Condition Report will be available to the general public during the public scoping period and on the Internet at: http://sanctuaries.noaa.gov/science/condition/welcome.html. The final report will be made available in late December 2015 on the same Web site. Public Comments NOAA is interested in hearing the public's view on: The potential impacts of the proposed actions discussed above and ways to mitigate these impacts. The topics discussed above for the next five to ten years and whether these are the right topics, the priority topics, or if there are additional topics NOAA should consider. The effectiveness of the existing management plan in meeting both the mandates of the NMSA and MBNMS goals and objectives. The public's view on the effectiveness of the MBNMS programs, including programs focused on: Resource protection; research and monitoring; education; volunteer; and outreach. NOAA's implementation of MBNMS regulations and permits. Adequacy of existing boundaries to protect sanctuary resources. Assessment of the existing operational and administrative framework (staffing, offices, vessels, etc.). Federal Consultations This document also advises the public that NOAA will coordinate its consultation responsibilities under section 7 of the Endangered Species Act (ESA), Essential Fish Habitat (EFH) under the Magnuson Stevens Fishery Conservation and Management Act (MSA), section 106 of the National Historic Preservation Act (NHPA, 16 U.S.C. 470), and Federal Consistency review under the Coastal Zone Management Act (CZMA), along with its ongoing NEPA process including the use of NEPA documents and public and stakeholder meetings to also meet the requirements of other federal laws. In fulfilling its responsibility under the NHPA and NEPA, NOAA intends to identify consulting parties; identify historic properties and assess the effects of the undertaking on such properties; initiate formal consultation with the State Historic Preservation Officer, the Advisory Council of Historic Preservation, and other consulting parties; involve the public in accordance with NOAA's NEPA procedures, and develop in consultation with identified consulting parties alternatives and proposed measures that might avoid, minimize or mitigate any adverse effects on historic properties and describe them in any environmental assessment or draft environmental impact statement. Authority: 16 U.S.C. 1431 et seq. Dated: August 20, 2015. John Armor, Acting Director, Office of National Marine Sanctuaries. [FR Doc. 2015-21132 Filed 8-26-15; 8:45 am] BILLING CODE 3510-NK-P
![Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Proposed Rules 51973
Advisory Circular No. 11–2A, Notice of Procedures’’ prior to any FAA final DEPARTMENT OF COMMERCE
Proposed Rulemaking Distribution regulatory action.
System, which describes the application National Oceanic and Atmospheric
procedure. List of Subjects in 14 CFR Part 71 Administration
Availability and Summary of Airspace, Incorporation by reference,
15 CFR Part 922
Documents Proposed for Incorporation Navigation (air).
by Reference Initiation of Review of Management
The Proposed Amendment
This document proposes to amend Plan and Regulations of the Monterey
FAA Order 7400.9Y, Airspace In consideration of the foregoing, the Bay National Marine Sanctuary; Intent
Designations and Reporting Points, Federal Aviation Administration To Conduct Scoping and Prepare Draft
dated August 6, 2014, and effective proposes to amend 14 CFR part 71 as Environmental Impact Statement and
September 15, 2014. FAA Order follows: Management Plan
7400.9Y is publicly available as listed in
PART 71—DESIGNATION OF CLASS A, AGENCY: Office of National Marine
the ADDRESSES section of this proposed
B, C, D, AND E AIRSPACE AREAS; AIR Sanctuaries (ONMS), National Ocean
rule. FAA Order 7400.9Y lists Class A,
Service (NOS), National Oceanic and
B, C, D, and E airspace areas, air traffic TRAFFIC SERVICE ROUTES; AND
Atmospheric Administration (NOAA),
service routes, and reporting points. REPORTING POINTS
Department of Commerce (DOC).
The Proposal ACTION: Initiation of review of
■ 1. The authority citation for part 71
This action proposes to amend Title management plan and regulations;
continues to read as follows:
14, Code of Federal Regulations (14 intent to conduct scoping and prepare
CFR), Part 71 by establishing Class E en Authority: 49 U.S.C. 106(f), 106(g); 40103, environmental impact statement.
route domestic airspace extending 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
upward from 1,200 feet above the 1959–1963 Comp., p. 389. SUMMARY: Monterey Bay National
surface in the International Falls, MN Marine Sanctuary (MBNMS or
§ 71.1 [Amended] sanctuary) was designated in September
area. This action would contain aircraft
while in IFR conditions under control of ■ 2. The incorporation by reference in 1992. It spans 4,601 square nautical
Minneapolis ARTCC by safely vectoring 14 CFR 71.1 of FAA Order 7400.9Y, miles (6.094 square miles) of marine
aircraft from en route airspace to Airspace Designations and Reporting waters off the central California coast,
terminal areas. Points, dated August 6, 2014, and encompassing several large, nearshore
Class E airspace areas are published submarine canyons, an offshore
effective September 15, 2014, is
in Paragraph 6006 of FAA Order seamount and numerous marine
amended as follows:
7400.9Y, August 6, 2014, and effective habitats representative of the central
September 15, 2014, which is Paragraph 6006 En Route Domestic California coastal and marine
Airspace Areas ecosystem. The present management
incorporated by reference in 14 CFR
71.1. The Class E airspace designation * * * * * plan was written and published in 2008
listed in this document would be along with a final environmental impact
AGL MN E6 International Falls, MN [New] statement in accordance with the
published subsequently in the Order.
That airspace extending upward from National Environmental Policy Act
Regulatory Notices and Analyses 1,200 feet above the surface within an area (NEPA). In accordance with Section
The FAA has determined that this bounded by lat. 49°00′00″ N., long. 304(e) of the National Marine
proposed regulation only involves an 095°00′00″ W.; to lat. 49°00′00″ N., long. Sanctuaries Act, as amended, (NMSA),
established body of technical 093°30′00″ W.; to lat. 48°06′30″ N., long. the Office of National Marine
regulations for which frequent and 090°06′00″ W.; to lat. 47°53′00″ N., long. Sanctuaries (ONMS) of the National
routine amendments are necessary to 090°55′00″ W.; to lat. 48°34′00″ N., long. Oceanic and Atmospheric
keep them operationally current. It, 094°00′00″ W.; to lat. 48°40′00″ N., long. Administration (NOAA) is initiating a
therefore, (1) is not a ‘‘significant 095°00′00″ W., thence to the point of review of the MBNMS management
regulatory action’’ under Executive beginning, excluding that airspace within plan, to evaluate substantive progress
Federal airways. toward implementing the goals for the
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies Issued in Fort Worth, TX, on August 13, sanctuary, and to make revisions to the
and Procedures (44 FR 11034; February 2015. plan and regulations as necessary to
26, 1979); and (3) does not warrant Robert W. Beck, fulfill the purposes and policies of the
preparation of a Regulatory Evaluation NMSA. NOAA anticipates regulatory
Manager, Operations Support Group, ATO
as the anticipated impact is so minimal. Central Service Center.
and management plan changes will
Since this is a routine matter that will require preparation of an environmental
[FR Doc. 2015–21087 Filed 8–26–15; 8:45 am]
only affect air traffic procedures and air analysis under the National
BILLING CODE 4910–13–P Environmental Policy Act (NEPA).
navigation, it is certified that this rule,
when promulgated, will not have a NOAA will conduct public scoping
significant economic impact on a meetings to gather information and
substantial number of small entities other comments from individuals,
rmajette on DSK2VPTVN1PROD with PROPOSALS
under the criteria of the Regulatory organizations, tribes, and government
Flexibility Act. agencies on the scope, types and
significance of issues related to the
Environmental Review MBNMS management plan and
This proposal will be subject to an regulations and the proper scope of
environmental analysis in accordance environmental review for the project.
with FAA Order 1050.1E, The scoping meetings are scheduled as
‘‘Environmental Impacts: Policies and detailed below.
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![Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Proposed Rules 51975
(4) Updating regulations to clarify the • The potential impacts of the Dated: August 20, 2015.
extent of the shoreward sanctuary proposed actions discussed above and John Armor,
boundary line. ways to mitigate these impacts. Acting Director, Office of National Marine
(5) Ensuring that salvers operating • The topics discussed above for the Sanctuaries.
within MBNMS meet minimum next five to ten years and whether these [FR Doc. 2015–21132 Filed 8–26–15; 8:45 am]
industry standards for safety, liability, are the right topics, the priority topics, BILLING CODE 3510–NK–P
capacity, and environmentally sensitive or if there are additional topics NOAA
salvage techniques during both should consider.
emergency and non-emergency DEPARTMENT OF THE TREASURY
operations. • The effectiveness of the existing
(6) Clarifying the definition of ‘‘cruise management plan in meeting both the Internal Revenue Service
ship’’ to include not only ships with mandates of the NMSA and MBNMS
berths for hire as is currently defined, goals and objectives. 26 CFR Part 1
but also ships with condominiums • The public’s view on the [REG–109813–11]
under private ownership. effectiveness of the MBNMS programs,
(7) Clarifying the intent and including programs focused on: RIN 1545–BK18
applicability of the existing prohibition Resource protection; research and
on deserting a vessel in MBNMS. monitoring; education; volunteer; and Residence Rules Involving U.S.
outreach. Possessions
Education, Outreach and Citizen
Science • NOAA’s implementation of AGENCY: Internal Revenue Service (IRS),
MBNMS regulations and permits. Treasury.
Enhancing the public’s awareness and
• Adequacy of existing boundaries to ACTION: Notice of proposed rulemaking.
appreciation of sanctuary resources is a
cornerstone of MBNMS’s mission. protect sanctuary resources. SUMMARY: This document contains
Recent initiatives, such as visitor • Assessment of the existing proposed amendments to the
centers, video media production, and operational and administrative regulations for determining whether an
partnering with recreation and tourism framework (staffing, offices, vessels, individual is a bona fide resident of a
industry offer opportunities for NOAA etc.). U.S. territory. These proposed
and other entities to expand educational amendments affect individuals
and outreach contributions and reach Federal Consultations establishing bona fide residency in a
larger audiences. NOAA is seeking the U.S. territory by allowing additional
public’s view on developing and This document also advises the public
that NOAA will coordinate its days of constructive presence in a U.S.
enhancing programs designed to territory.
enhance public awareness, including consultation responsibilities under
section 7 of the Endangered Species Act DATES: Written or electronic comments
opportunities to participate in
(ESA), Essential Fish Habitat (EFH) and requests for a public hearing must
environmental research and monitoring.
under the Magnuson Stevens Fishery be received by November 25, 2015.
Condition Report Conservation and Management Act ADDRESSES: Send submissions to:
To inform the MBNMS management (MSA), section 106 of the National CC:PA:LPD:PR (REG–109813–11), room
plan review, NOAA is updating the Historic Preservation Act (NHPA, 16 5203, Internal Revenue Service, P.O.
Monterey Bay National Marine U.S.C. 470), and Federal Consistency Box 7604, Ben Franklin Station,
Sanctuary Condition Report, which was review under the Coastal Zone Washington, DC 20044. Submissions
first published in 2009. The 2009 report Management Act (CZMA), along with its may be hand-delivered Monday through
provided a summary of resources in ongoing NEPA process including the Friday between the hours of 8 a.m. and
MBNMS, pressures on those resources, use of NEPA documents and public and 4 p.m. to CC:PA:LPD:PR (REG–109813–
current conditions and recent trends stakeholder meetings to also meet the 11), Courier’s Desk, Internal Revenue
within the Sanctuary, and management requirements of other federal laws. Service, 1111 Constitution Avenue NW.,
responses to mitigate negative impacts. Washington, DC, or sent electronically,
In fulfilling its responsibility under
The 2015 Condition Report will update via the Federal eRulemaking Portal at
the NHPA and NEPA, NOAA intends to www.regulations.gov (IRS REG–109813–
current conditions and recent changes identify consulting parties; identify
for water quality, habitat, living 11).
historic properties and assess the effects
resources and maritime archaeological FOR FURTHER INFORMATION CONTACT:
of the undertaking on such properties;
resources in the sanctuary. It will also initiate formal consultation with the Concerning the proposed regulations,
include an assessment of the Davidson Stephen Huggs, (202) 317–6941;
State Historic Preservation Officer, the
Seamount Management Zone which concerning submission of comments
Advisory Council of Historic
NOAA added to MBNMS in 2009. and/or requests for a hearing,
Preservation, and other consulting
A summary of the 2015 Condition Oluwafunmilayo (Funmi) Taylor, (202)
parties; involve the public in
Report will be available to the general 317–6901 (not toll-free numbers).
accordance with NOAA’s NEPA
public during the public scoping period procedures, and develop in consultation SUPPLEMENTARY INFORMATION:
and on the Internet at: http://
with identified consulting parties
rmajette on DSK2VPTVN1PROD with PROPOSALS
sanctuaries.noaa.gov/science/condition/ Background
alternatives and proposed measures that
welcome.html. The final report will be This document contains proposed
might avoid, minimize or mitigate any
made available in late December 2015 amendments to the Income Tax
adverse effects on historic properties
on the same Web site. Regulations (26 CFR part 1) under
and describe them in any environmental section 937 of the Internal Revenue
Public Comments assessment or draft environmental Code (Code). Section 937 was added to
NOAA is interested in hearing the impact statement. the Code by the American Jobs Creation
public’s view on: Authority: 16 U.S.C. 1431 et seq. Act of 2004 (Public Law 108–357, 118
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Document Created: 2015-12-15 10:53:17
Document Modified: 2015-12-15 10:53:17
| 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 | Proposed Rules | |
| Action | Initiation of review of management plan and regulations; intent to conduct scoping and prepare environmental impact statement. | |
| Dates | Written comments should be received on or before October 30, 2015. | |
| Contact | Dawn Hayes, 831.647.4256, [email protected] | |
| FR Citation | 80 FR 51973 |
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