80_FR_72638 80 FR 72415 - Final Notice of Fee Calculations for Special Use Permits

80 FR 72415 - Final Notice of Fee Calculations for Special Use Permits

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 223 (November 19, 2015)

Page Range72415-72417
FR Document2015-29524

In accordance with a requirement of Public Law 106-513 (16 U.S.C. 1441(b)), NOAA hereby gives public notice of the methods, formulas and rationale for the calculations it will use in order to assess fees associated with special use permits (SUPs).

Federal Register, Volume 80 Issue 223 (Thursday, November 19, 2015)
[Federal Register Volume 80, Number 223 (Thursday, November 19, 2015)]
[Notices]
[Pages 72415-72417]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29524]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Final Notice of Fee Calculations for Special Use Permits

AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with a requirement of Public Law 106-513 (16 
U.S.C. 1441(b)), NOAA hereby gives public notice of the methods, 
formulas and rationale for the calculations it will use in order to 
assess fees associated with special use permits (SUPs).

DATES: This notice is effective November 19, 2015.

FOR FURTHER INFORMATION CONTACT: Matt Nichols, Office of National 
Marine Sanctuaries, 1305 East West Highway (N/NMS2), Silver Spring, MD 
20910, telephone (301) 713-7262, email [email protected].

SUPPLEMENTARY INFORMATION: This Federal Register document is also 
accessible via the Internet at [http://www.thefederalregister.org].

I. Background

    Congress first granted NOAA the authority to issue SUPs for 
conducting specific activities in national marine sanctuaries in the 
1988 Amendments to the National Marine Sanctuaries Act (``NMSA'') (16 
U.S.C. 1431 et seq.) (Pub. L. 100-627). The NMSA allows NOAA to 
establish categories of activities that may be subject to an SUP. The 
list of applicable categories of activities was last updated in 2013 
(78 FR 25957). SUPs may be issued for the placement and recovery of 
objects on the seabed related to public or private events, or 
commercial filming; the continued presence of commercial submarine 
cables; the disposal of cremated human remains; recreational diving 
near the USS Monitor; the deployment of fireworks displays; or the 
operation of aircraft below the minimum altitude in restricted zones of 
national marine sanctuaries. Congress also gave NOAA the discretion to 
assess an SUP fee and laid out the basic components of an SUP fee (16 
U.S.C. 1441 (d)). The NMSA states:

    (d) Fees--
    (1) Assessment and Collection--The Secretary may assess and 
collect fees for the conduct of any activity under a permit issued 
under this section.
    (2) Amount--The amount of the fee under this subsection shall be 
the equal to the sum of--
    (A) Costs incurred, or expected to be incurred, by the Secretary 
in issuing the permit;
    (B) Costs incurred, or expected to be incurred, by the Secretary 
as a direct result of the conduct of the activity for which the 
permit is issued, including costs of monitoring the conduct of the 
activity; and
    (C) An amount which represents the fair market value of the use 
of the sanctuary resource.
    (3) Use of Fees--Amounts collected by the Secretary in the form 
of fees under this section may be used by the Secretary--
    (A) For issuing and administering permits under this section; 
and
    (B) For expenses of managing national marine sanctuaries.
    (4) Waiver or Reduction of Fees--The Secretary may accept in-
kind contributions in lieu of a fee under paragraph (2)(C), or waive 
or reduce any fee assessed under this subsection for any activity 
that does not derive profit from the access to or use of sanctuary 
resources.


[[Page 72416]]


    With this notice, NOAA establishes standard procedures for 
assessing fee components associated with the application for and 
issuance of an SUP. SUPs are generally a small portion of the total 
number of permits issued by ONMS. However, with the addition of new SUP 
categories in 2013 and the current and potential expansion of the 
National Marine Sanctuary System, ONMS may see a rise in the number of 
applications submitted annually as well as an increase in the 
complexity of the proposed projects.

II. Summary of Fee Calculations

    When an SUP is applied for by an interested party, and ultimately 
issued by ONMS, the total fee assessed to the applicant will be the sum 
of the three categories of fees provided for in section 310(d)(2) of 
the NMSA: Administrative costs, implementation and monitoring costs, 
and fair market value.

A. Administrative Costs per 16 U.S.C. 1441(d)(2)(A)

    NOAA will assess a non-refundable $50 application fee for each SUP 
application submitted. Administrative costs spent reviewing the permit 
for sufficiency and suitability will be calculated by multiplying a 
regional labor rate, derived from the pay rates of ONMS permitting 
staff and averaged across ONMS regions, by the time spent by staff 
reviewing each permit application. NOAA will update the rate every year 
to account for staff changes as well as inflation. Such administrative 
costs could also include, but are not necessarily limited to, any 
environmental analyses and consultations associated with evaluating the 
permit application and issuing the permit; and equipment used in permit 
review and issuance (e.g., vessels, dive equipment, vehicles, and 
general overhead). Equipment includes but is not limited to autonomous 
underwater vehicles, remotely operated underwater vehicles, and 
sampling equipment. If equipment is acquired specifically to monitor 
the permit, the actual cost of the acquisition will be included.

B. Implementation and Monitoring Costs per 16 U.S.C. 1441(d)(2)(B)

    NOAA may also charge a fee for costs associated with the 
implementation and monitoring of a permitted activity. Such costs will 
include staff time (calculated similarly to the labor rate described 
above), equipment use (including vessels or aircraft to oversee permit 
implementation), the expenses of monitoring the impacts of a permitted 
activity, and compliance with the terms and conditions of the permit.

C. Fair Market Value per 16 U.S.C. 1441(d)(2)(C))

    To date, ONMS has assessed fair market value (FMV) fees assessed 
for an SUP on a case-by-case basis. The SUP category for continued 
operation and maintenance of submarine cables is the only category that 
has an established protocol for determining FMV (Aug. 28, 2002; 67 FR 
55201). Conducting in-depth economic valuation studies for each SUP 
application are normally overly burdensome for NOAA and the permit 
applicant relative to the scope and effects of proposed SUP projects. 
In establishing standard FMV fees for all SUP categories, NOAA has 
examined the fees assessed for past SUPs as well as comparable fees 
assessed by other federal, state, and local agencies for similar 
activities. NOAA now adopts the following standard FMV fee structure 
for the following seven SUP categories:
    1. The placement and recovery of objects associated with public or 
private events on non-living substrate of the submerged lands of any 
national marine sanctuary. The FMV for this activity is $200 per event, 
based on fee values historically applied at national marine sanctuaries 
for this activity.
    2. The placement and recovery of objects related to commercial 
filming. With this notice, NOAA adopts the fee structure below from the 
National Park Service (NPS), which shares a similar mandate with ONMS 
to protect natural spaces of national importance. ONMS has determined 
NPS's broad evaluation methods to be sound and within the intent of 
ONMS SUPs for commercial filming.

          FMV Fee Table for Placement and Recovery of Objects Associated With Commercial Filming Events
----------------------------------------------------------------------------------------------------------------
           Number of people             Motion pictures/videos      Number of people        Still photography
----------------------------------------------------------------------------------------------------------------
1-10.................................  $150/day...............  1-10...................  $50/day.
11-30................................  $250/day...............  11-30..................  $150/day.
31-49................................  $500/day...............  Over 30................  $250/day.
Over 50..............................  $750/day...............
----------------------------------------------------------------------------------------------------------------

    The number of people refers to the cast and/or crew on location 
within the sanctuary for the commercial filming event, including pre- 
and post-production.
    3. The continued presence of commercial submarine cables on or 
within the submerged lands of any national marine sanctuary. NOAA 
assesses FMV for submarine cables in national marine sanctuaries based 
on the findings of its 2002 study entitled ``Fair Market Value Analysis 
for a Fiber Optic Cable Permit in National Marine Sanctuaries''(67 FR 
55201). For most SUPs, FMV for cables is assessed annually and adjusted 
according to the consumer price index. NOAA will continue using this 
methodology for assessing FMV fees for the continued presence of 
commercial submarine cables.
    4. The disposal of cremated human remains (``cremains'') within or 
into any national marine sanctuary. NOAA will waive all fees, including 
the FMV fee, for private individuals disposing of cremains. NOAA will 
assess a $50 per disposal FMV fee for commercial operators. This value 
is based on similar practices of state governments, such as the State 
of Washington, which assesses a $70 flat fee for a Cremated Human 
Remains Disposition Permit for disposal of cremains by airplane, boat, 
or other disposal methods for businesses.
    5. Recreational diving near the USS Monitor. NOAA will waive the 
FMV fee for any SUP issued for recreational diving within Monitor 
National Marine Sanctuary, given that (1) individual recreational 
divers do not derive profits from their use of the sanctuary; and (2) 
permits for commercial recreational divers further the sanctuary's 
objectives by educating the public about the sanctuary and the 
historical significance of the U.S.S. Monitor.
    6. Fireworks displays. The FMV for fireworks will be a tiered 
structure based on the number of fireworks events conducted per 
calendar year. The fee schedule will be as follows: 1 event per 
calendar year--$100; 2-5 events per calendar year--$300; 6-10 events 
per calendar year--$500; 11-20 events per calendar year--$700.
    7. The operation of aircraft below the minimum altitude in 
restricted zones of national marine sanctuaries. The FMV

[[Page 72417]]

will be $500 per site/per day. This is an existing value that has been 
applied historically at national marine sanctuaries for this activity.

III. Waiver or Reduction of Fees

    NOAA may accept in-kind contributions in lieu of a fee, or waive or 
reduce any fee assessed for any activity that does not derive profit 
from the access to or use of sanctuary resources. NOAA may consider the 
benefits of the activity to support the goals and objectives of the 
sanctuary as an in-kind contribution in lieu of a fee.

IV. Response to Comments

    Comment: One commenter supported NOAA's intent to assess and 
collect fees associated with special use permits and proposed that NOAA 
should require a larger range of for-profit operators to pay fees for 
the use of sanctuary resources.
    Response: While NOAA appreciates the public support for the use of 
this authority in protecting sanctuary resources, the suggestion to 
collect fees for activities which currently do not require a special 
use permit is not within the scope of this action.

V. Classification

A. National Environmental Policy Act

    NOAA has concluded that this action will not have a significant 
effect, individually or cumulatively, on the human environment. This 
action is categorically excluded from the requirement to prepare an 
environmental assessment or environmental impact statement in 
accordance with Section 6.03c3(i) of NOAA Administrative Order 216-6. 
Specifically, this action is a notice of an administrative and legal 
nature. Furthermore, individual permit actions by NOAA will be subject 
to additional case-by-case analysis, as required under NEPA, which will 
be completed as new permit applications are submitted for specific 
projects and activities.
    NOAA also expects that many of these individual actions will also 
meet the criteria of one or more of the categorical exclusions 
described in NOAA Administrative Order 216-6 because SUPs cannot be 
issued for activities that are expected to result in any destruction 
of, injury to, or loss of any sanctuary resource. However, the SUP 
authority may at times be used to allow activities that may meet the 
Council on Environmental Quality's definition of the term 
``significant'' despite the lack of apparent environmental impacts. In 
addition, NOAA may, in certain circumstances, combine its SUP authority 
with other regulatory authorities to allow activities not described 
above that may result in environmental impacts and thus require the 
preparation of an environmental assessment or environmental impact 
statement. In these situations NOAA will ensure that the appropriate 
NEPA documentation is prepared prior to taking final action on a permit 
or making any irretrievable or irreversible commitment of agency 
resources.

B. Paperwork Reduction Act

    Notwithstanding any other provisions of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., unless that collection of information displays a currently valid 
Office of Management and Budget (OMB) control number. Applications for 
the SUPs discussed in this notice involve a collection-of information 
requirement subject to the requirements of the PRA. OMB has approved 
this collection-of-information requirement under OMB control number 
0648-0141.

    Dated: November 12, 2015.
John Armor,
Acting Director, Office of National Marine Sanctuaries.
[FR Doc. 2015-29524 Filed 11-18-15; 8:45 am]
BILLING CODE 3510-NK-P



                                                                            Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices                                              72415

                                                  Tuesday, December 8, 2015                               Fisheries Service’s GARFO and the                     FOR FURTHER INFORMATION CONTACT:       Matt
                                                     The Council will receive a report on                 Northeast Fisheries Science Center,                   Nichols, Office of National Marine
                                                  the Pacific Fishery Management                          NOAA’s Office of General Counsel and                  Sanctuaries, 1305 East West Highway
                                                  Council’s experience with management                    Office of Law Enforcement, the U.S.                   (N/NMS2), Silver Spring, MD 20910,
                                                  of forage-species. The Council will then                Coast Guard, the ASMFC, the New                       telephone (301) 713–7262, email
                                                                                                          England and South Atlantic Fishery                    Matt.Nichols@noaa.gov.
                                                  review and approve the list of species
                                                  for inclusion in the public hearing                     Council’s liaisons and the Regional                   SUPPLEMENTARY INFORMATION: This
                                                  document and approve management                         Planning Body Report. The Council will                Federal Register document is also
                                                  alternatives for National Environmental                 also receive the Council’s Executive                  accessible via the Internet at [http://
                                                  Policy Act (NEPA) analysis and public                   Director’s Report, the Science Report,                www.gpo.gov].
                                                  hearing document for unmanaged forage                   and Committee Reports for the
                                                                                                                                                                I. Background
                                                  fish. The Council will discuss and adopt                Executive Committee, Collaborative
                                                                                                          Research Committee, and the River                        Congress first granted NOAA the
                                                  alternatives related the Scup GRA (Gear                                                                       authority to issue SUPs for conducting
                                                  Restricted Areas) Framework.                            Herring/Shad Committee, and discuss
                                                                                                          any continuing and/or new business.                   specific activities in national marine
                                                     During the afternoon session, the                                                                          sanctuaries in the 1988 Amendments to
                                                  Fisheries Forum will hold a Summer                         Although other non-emergency issues
                                                                                                          not contained in this agenda may come                 the National Marine Sanctuaries Act
                                                  Flounder Goals and Objectives                                                                                 (‘‘NMSA’’) (16 U.S.C. 1431 et seq.) (Pub.
                                                  Workshop to review feedback, discuss                    before this Council for discussion, those
                                                                                                          issues may not be the subjects of formal              L. 100–627). The NMSA allows NOAA
                                                  priorities for the revised FMP (fishery                                                                       to establish categories of activities that
                                                  management plan) goals and objectives,                  action during this meeting. Council
                                                                                                          action will be restricted to those issues             may be subject to an SUP. The list of
                                                  and identity draft goals and objectives                                                                       applicable categories of activities was
                                                  for the Summer Flounder Amendment.                      specifically listed in this notice and any
                                                                                                          issues arising after publication of this              last updated in 2013 (78 FR 25957).
                                                  Wednesday, December 9, 2015                             notice that require emergency action                  SUPs may be issued for the placement
                                                                                                          under section 305(c) of the Magnuson-                 and recovery of objects on the seabed
                                                     The Demersal Committee Meeting
                                                                                                          Stevens act, provided that the public                 related to public or private events, or
                                                  will meet as a Committee of the Whole
                                                                                                          has been notified of the Council’s intent             commercial filming; the continued
                                                  with the Atlantic States Marine
                                                                                                          to take final action to address the                   presence of commercial submarine
                                                  Fisheries Commission’s (ASMFC)
                                                                                                          emergency.                                            cables; the disposal of cremated human
                                                  Summer Flounder, Scup, and Black Sea
                                                                                                                                                                remains; recreational diving near the
                                                  Bass Board. They will discuss the                       Special Accommodations                                USS Monitor; the deployment of
                                                  Monitoring and Technical Committees
                                                                                                            This meeting is physically accessible               fireworks displays; or the operation of
                                                  recommendations on 2016 Summer
                                                                                                          to people with disabilities. Requests for             aircraft below the minimum altitude in
                                                  Flounder, Scup, and Black Sea Bass
                                                                                                          sign language interpretation or other                 restricted zones of national marine
                                                  commercial management measures and
                                                                                                          auxiliary aids should be directed to M.               sanctuaries. Congress also gave NOAA
                                                  recommend any changes to the
                                                                                                          Jan Saunders, (302) 526–5251, at least 5              the discretion to assess an SUP fee and
                                                  commercial management measures.
                                                                                                          days prior to the meeting date.                       laid out the basic components of an SUP
                                                  There will be a Board Action regarding
                                                                                                                                                                fee (16 U.S.C. 1441 (d)). The NMSA
                                                  an ASMFC Addendum for summer                              Dated: November 16, 2015.                           states:
                                                  flounder. The Council will review                       Tracey L. Thompson,
                                                  recommendations from the Monitoring                                                                             (d) Fees—
                                                                                                          Acting Deputy Director, Office of Sustainable           (1) Assessment and Collection—The
                                                  Committee and Advisory Panel then                       Fisheries, National Marine Fisheries Service.         Secretary may assess and collect fees for the
                                                  adopt recommendations for the 2016                      [FR Doc. 2015–29547 Filed 11–18–15; 8:45 am]          conduct of any activity under a permit issued
                                                  Summer Flounder recreational                            BILLING CODE 3510–22–P                                under this section.
                                                  management measures. The Council                                                                                (2) Amount—The amount of the fee under
                                                  will discuss the timeline and give an                                                                         this subsection shall be the equal to the sum
                                                  update on the progress for the Summer                   DEPARTMENT OF COMMERCE                                of—
                                                  Flounder Amendment. There will be a                                                                             (A) Costs incurred, or expected to be
                                                  Board Action regarding an ASMFC                         National Oceanic and Atmospheric                      incurred, by the Secretary in issuing the
                                                                                                                                                                permit;
                                                  Addendum for black sea bass. The                        Administration                                          (B) Costs incurred, or expected to be
                                                  Council will review recommendations                                                                           incurred, by the Secretary as a direct result
                                                  from the Monitoring Committee and                       Final Notice of Fee Calculations for                  of the conduct of the activity for which the
                                                  Advisory Panel then adopt                               Special Use Permits                                   permit is issued, including costs of
                                                  recommendations for the 2016 Black                                                                            monitoring the conduct of the activity; and
                                                                                                          AGENCY:  Office of National Marine                      (C) An amount which represents the fair
                                                  Sea Bass and Scup recreational
                                                                                                          Sanctuaries (ONMS), National Ocean                    market value of the use of the sanctuary
                                                  management measures.
                                                                                                          Service (NOS), National Oceanic and                   resource.
                                                  Thursday, December 10, 2015                             Atmospheric Administration (NOAA).                      (3) Use of Fees—Amounts collected by the
                                                                                                                                                                Secretary in the form of fees under this
                                                    The Council will receive a                            ACTION: Notice.
                                                                                                                                                                section may be used by the Secretary—
                                                  presentation regarding the Greater                                                                              (A) For issuing and administering permits
                                                  Atlantic Regional Fisheries Office                      SUMMARY:  In accordance with a                        under this section; and
                                                                                                          requirement of Public Law 106–513 (16
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                                                  (GARFO) Recreational Implementation                                                                             (B) For expenses of managing national
                                                  Plan and receive a report from the                      U.S.C. 1441(b)), NOAA hereby gives                    marine sanctuaries.
                                                  Northeast Fisheries Science Center                      public notice of the methods, formulas                  (4) Waiver or Reduction of Fees—The
                                                  (NEFSC) regarding the NEFSC Strategic                   and rationale for the calculations it will            Secretary may accept in-kind contributions
                                                                                                          use in order to assess fees associated                in lieu of a fee under paragraph (2)(C), or
                                                  Plan. The Council will review and                                                                             waive or reduce any fee assessed under this
                                                  approve their 2016 Implementation                       with special use permits (SUPs).
                                                                                                                                                                subsection for any activity that does not
                                                  Plan. The day will conclude with brief                  DATES: This notice is effective                       derive profit from the access to or use of
                                                  reports from the National Marine                        November 19, 2015.                                    sanctuary resources.



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                                                  72416                             Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices

                                                    With this notice, NOAA establishes                                   every year to account for staff changes   maintenance of submarine cables is the
                                                  standard procedures for assessing fee                                  as well as inflation. Such administrative only category that has an established
                                                  components associated with the                                         costs could also include, but are not     protocol for determining FMV (Aug. 28,
                                                  application for and issuance of an SUP.                                necessarily limited to, any               2002; 67 FR 55201). Conducting in-
                                                  SUPs are generally a small portion of                                  environmental analyses and                depth economic valuation studies for
                                                  the total number of permits issued by                                  consultations associated with evaluating  each SUP application are normally
                                                  ONMS. However, with the addition of                                    the permit application and issuing the    overly burdensome for NOAA and the
                                                  new SUP categories in 2013 and the                                     permit; and equipment used in permit      permit applicant relative to the scope
                                                  current and potential expansion of the                                 review and issuance (e.g., vessels, dive  and effects of proposed SUP projects. In
                                                  National Marine Sanctuary System,                                      equipment, vehicles, and general          establishing standard FMV fees for all
                                                  ONMS may see a rise in the number of                                   overhead). Equipment includes but is      SUP categories, NOAA has examined
                                                  applications submitted annually as well                                not limited to autonomous underwater      the fees assessed for past SUPs as well
                                                  as an increase in the complexity of the                                vehicles, remotely operated underwater    as comparable fees assessed by other
                                                  proposed projects.                                                     vehicles, and sampling equipment. If      federal, state, and local agencies for
                                                                                                                         equipment is acquired specifically to
                                                  II. Summary of Fee Calculations                                                                                  similar activities. NOAA now adopts the
                                                                                                                         monitor the permit, the actual cost of
                                                     When an SUP is applied for by an                                                                              following standard FMV fee structure
                                                                                                                         the acquisition will be included.
                                                  interested party, and ultimately issued                                                                          for the following seven SUP categories:
                                                  by ONMS, the total fee assessed to the                                 B. Implementation and Monitoring Costs       1. The placement and recovery of
                                                  applicant will be the sum of the three                                 per 16 U.S.C. 1441(d)(2)(B)               objects associated with public or private
                                                  categories of fees provided for in section                               NOAA may also charge a fee for costs events on non-living substrate of the
                                                  310(d)(2) of the NMSA: Administrative                                  associated with the implementation and submerged lands of any national marine
                                                  costs, implementation and monitoring                                   monitoring of a permitted activity. Such sanctuary. The FMV for this activity is
                                                  costs, and fair market value.                                          costs will include staff time (calculated $200 per event, based on fee values
                                                                                                                         similarly to the labor rate described     historically applied at national marine
                                                  A. Administrative Costs per 16 U.S.C.
                                                                                                                         above), equipment use (including          sanctuaries for this activity.
                                                  1441(d)(2)(A)
                                                                                                                         vessels or aircraft to oversee permit
                                                    NOAA will assess a non-refundable                                    implementation), the expenses of             2. The placement and recovery of
                                                  $50 application fee for each SUP                                       monitoring the impacts of a permitted     objects related to commercial filming.
                                                  application submitted. Administrative                                  activity, and compliance with the terms With this notice, NOAA adopts the fee
                                                  costs spent reviewing the permit for                                   and conditions of the permit.             structure below from the National Park
                                                  sufficiency and suitability will be                                                                              Service (NPS), which shares a similar
                                                  calculated by multiplying a regional                                   C. Fair Market Value per 16 U.S.C.        mandate with ONMS to protect natural
                                                  labor rate, derived from the pay rates of                              1441(d)(2)(C))                            spaces of national importance. ONMS
                                                  ONMS permitting staff and averaged                                       To date, ONMS has assessed fair         has determined NPS’s broad evaluation
                                                  across ONMS regions, by the time spent                                 market value (FMV) fees assessed for an methods to be sound and within the
                                                  by staff reviewing each permit                                         SUP on a case-by-case basis. The SUP      intent of ONMS SUPs for commercial
                                                  application. NOAA will update the rate                                 category for continued operation and      filming.

                                                         FMV FEE TABLE FOR PLACEMENT AND RECOVERY OF OBJECTS ASSOCIATED WITH COMMERCIAL FILMING EVENTS
                                                              Number of people                                   Motion pictures/videos                                 Number of people                                  Still photography

                                                  1–10 ...............................................   $150/day .......................................   1–10 ..............................................   $50/day.
                                                  11–30 .............................................    $250/day .......................................   11–30 ............................................    $150/day.
                                                  31–49 .............................................    $500/day .......................................   Over 30 .........................................     $250/day.
                                                  Over 50 ..........................................     $750/day.



                                                     The number of people refers to the                                  presence of commercial submarine                                       Sanctuary, given that (1) individual
                                                  cast and/or crew on location within the                                cables.                                                                recreational divers do not derive profits
                                                  sanctuary for the commercial filming                                     4. The disposal of cremated human                                    from their use of the sanctuary; and (2)
                                                  event, including pre- and post-                                        remains (‘‘cremains’’) within or into any                              permits for commercial recreational
                                                  production.                                                            national marine sanctuary. NOAA will                                   divers further the sanctuary’s objectives
                                                     3. The continued presence of                                        waive all fees, including the FMV fee,                                 by educating the public about the
                                                  commercial submarine cables on or                                      for private individuals disposing of                                   sanctuary and the historical significance
                                                  within the submerged lands of any                                      cremains. NOAA will assess a $50 per                                   of the U.S.S. Monitor.
                                                  national marine sanctuary. NOAA                                        disposal FMV fee for commercial                                           6. Fireworks displays. The FMV for
                                                  assesses FMV for submarine cables in                                   operators. This value is based on similar                              fireworks will be a tiered structure
                                                  national marine sanctuaries based on                                   practices of state governments, such as                                based on the number of fireworks events
                                                  the findings of its 2002 study entitled                                the State of Washington, which assesses                                conducted per calendar year. The fee
                                                                                                                         a $70 flat fee for a Cremated Human                                    schedule will be as follows: 1 event per
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                                                  ‘‘Fair Market Value Analysis for a Fiber
                                                  Optic Cable Permit in National Marine                                  Remains Disposition Permit for disposal                                calendar year—$100; 2–5 events per
                                                  Sanctuaries’’(67 FR 55201). For most                                   of cremains by airplane, boat, or other                                calendar year—$300; 6–10 events per
                                                  SUPs, FMV for cables is assessed                                       disposal methods for businesses.                                       calendar year—$500; 11–20 events per
                                                  annually and adjusted according to the                                   5. Recreational diving near the USS                                  calendar year—$700.
                                                  consumer price index. NOAA will                                        Monitor. NOAA will waive the FMV fee                                      7. The operation of aircraft below the
                                                  continue using this methodology for                                    for any SUP issued for recreational                                    minimum altitude in restricted zones of
                                                  assessing FMV fees for the continued                                   diving within Monitor National Marine                                  national marine sanctuaries. The FMV


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                                                                            Federal Register / Vol. 80, No. 223 / Thursday, November 19, 2015 / Notices                                        72417

                                                  will be $500 per site/per day. This is an               authorities to allow activities not                   4th Ave., Suite 306, Anchorage, AK
                                                  existing value that has been applied                    described above that may result in                    99501–2252; telephone: (907) 271–2809.
                                                  historically at national marine                         environmental impacts and thus require                FOR FURTHER INFORMATION CONTACT:
                                                  sanctuaries for this activity.                          the preparation of an environmental                   David Witherell, Council staff;
                                                                                                          assessment or environmental impact                    telephone: (907) 271–2809.
                                                  III. Waiver or Reduction of Fees
                                                                                                          statement. In these situations NOAA                   SUPPLEMENTARY INFORMATION: The
                                                    NOAA may accept in-kind                               will ensure that the appropriate NEPA                 Scientific and Statistical Committee
                                                  contributions in lieu of a fee, or waive                documentation is prepared prior to                    (SSC) will begin at 8 a.m. in the King
                                                  or reduce any fee assessed for any                      taking final action on a permit or                    Salmon/Iliamna Room on Monday
                                                  activity that does not derive profit from               making any irretrievable or irreversible              December 7 and continue through
                                                  the access to or use of sanctuary                       commitment of agency resources.                       Wednesday December 9, 2015. The
                                                  resources. NOAA may consider the                                                                              Council’s Advisory Panel (AP) will
                                                  benefits of the activity to support the                 B. Paperwork Reduction Act
                                                                                                                                                                begin at 8 a.m. in the Dillingham/
                                                  goals and objectives of the sanctuary as                  Notwithstanding any other provisions                Katmai Room on Tuesday December 8,
                                                  an in-kind contribution in lieu of a fee.               of the law, no person is required to                  and continue through Saturday,
                                                                                                          respond to, nor shall any person be                   December 12, 2015. The Recreational
                                                  IV. Response to Comments
                                                                                                          subject to a penalty for failure to comply            Quota Entity Committee (RQE) will
                                                    Comment: One commenter supported                      with a collection of information subject              meet on Monday, December 7, 2015,
                                                  NOAA’s intent to assess and collect fees                to the requirements of the Paperwork                  from 1 p.m. to 4 p.m. (room to be
                                                  associated with special use permits and                 Reduction Act (PRA), 44 U.S.C. 3501 et                determined). The Enforcement
                                                  proposed that NOAA should require a                     seq., unless that collection of                       Committee will meet on Tuesday,
                                                  larger range of for-profit operators to pay             information displays a currently valid                December 8, 2015, from 1 p.m. to 4 p.m.
                                                  fees for the use of sanctuary resources.                Office of Management and Budget                       (room to be determined). The Charter
                                                    Response: While NOAA appreciates                      (OMB) control number. Applications for                Implementation Committee will meet on
                                                  the public support for the use of this                  the SUPs discussed in this notice                     Tuesday, December 8, 2015, from 1 p.m.
                                                  authority in protecting sanctuary                       involve a collection-of information                   to 4 p.m. (room to be determined). The
                                                  resources, the suggestion to collect fees               requirement subject to the requirements               Individual Fishing Quota Committee
                                                  for activities which currently do not                   of the PRA. OMB has approved this                     will meet on Tuesday, December 8,
                                                  require a special use permit is not                     collection-of-information requirement                 2015, from 4 p.m. to 7:30 p.m. (room to
                                                  within the scope of this action.                        under OMB control number 0648–0141.                   be determined).
                                                  V. Classification                                         Dated: November 12, 2015.
                                                                                                                                                                Agenda
                                                                                                          John Armor,
                                                  A. National Environmental Policy Act
                                                                                                          Acting Director, Office of National Marine            Monday, December 7, 2015 Through
                                                    NOAA has concluded that this action                   Sanctuaries.                                          Tuesday, December 15, 2015
                                                  will not have a significant effect,                     [FR Doc. 2015–29524 Filed 11–18–15; 8:45 am]            Council Plenary Session: The agenda
                                                  individually or cumulatively, on the                    BILLING CODE 3510–NK–P                                for the Council’s plenary session will
                                                  human environment. This action is                                                                             include the following issues. The
                                                  categorically excluded from the                                                                               Council may take appropriate action on
                                                  requirement to prepare an                               DEPARTMENT OF COMMERCE                                any of the issues identified.
                                                  environmental assessment or
                                                  environmental impact statement in                       National Oceanic and Atmospheric                      (1) Executive Director’s Report
                                                  accordance with Section 6.03c3(i) of                    Administration                                             (Quintillion Fiber Optic Cable
                                                  NOAA Administrative Order 216–6.                                                                                   Presentation (T))
                                                                                                          RIN 0648–XE318                                        (2) NMFS Management Report (Report
                                                  Specifically, this action is a notice of an
                                                                                                                                                                     on Final 2016 Observer Annual
                                                  administrative and legal nature.                        North Pacific Fishery Management                           Deployment Plan)
                                                  Furthermore, individual permit actions                  Council; Public Meetings                              (3) ADF&G Report
                                                  by NOAA will be subject to additional                                                                         (4) NOAA Enforcement Report
                                                  case-by-case analysis, as required under                AGENCY:  National Marine Fisheries
                                                                                                          Service (NMFS), National Oceanic and                  (5) USCG Report
                                                  NEPA, which will be completed as new                                                                          (6) USFWS Report
                                                  permit applications are submitted for                   Atmospheric Administration (NOAA),
                                                                                                          Commerce.                                             (7) Protected Species Report
                                                  specific projects and activities.                                                                             (8) Amendment 80 Coop Reports on
                                                    NOAA also expects that many of these                  ACTION: Notice of public meetings.                         2016 Halibut PSC Management
                                                  individual actions will also meet the                                                                              Plans
                                                  criteria of one or more of the categorical              SUMMARY:  The North Pacific Fishery
                                                                                                          Management Council (Council) and its                  (9) BSAI Groundfish Harvest
                                                  exclusions described in NOAA                                                                                       Specifications—Final Action
                                                  Administrative Order 216–6 because                      advisory committees will meet
                                                                                                          December 7, 2015 through December 15,                 (10) GOA Groundfish Harvest
                                                  SUPs cannot be issued for activities that                                                                          Specifications and Halibut DMRS—
                                                  are expected to result in any destruction               2015.
                                                                                                                                                                     Final Action
                                                  of, injury to, or loss of any sanctuary                 DATES: The Council will begin its                     (11) GOA Chinook Salmon PSC
                                                  resource. However, the SUP authority                    plenary session at 8 a.m. in the Denali                    Reapportionment—Final Action
                                                                                                          Room on Wednesday, December 9,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  may at times be used to allow activities                                                                      (12) Bering Sea Fishery Ecosystem
                                                  that may meet the Council on                            continuing through Tuesday, December                       Plan—Discussion Paper
                                                  Environmental Quality’s definition of                   15, 2015.                                             (13) Charter Halibut Measures for
                                                  the term ‘‘significant’’ despite the lack               ADDRESSES: The meeting will be held at                     2016—Final Action
                                                  of apparent environmental impacts. In                   the Anchorage Hilton Hotel, 500 W. 3rd                (14) Charter Halibut RQE Program—
                                                  addition, NOAA may, in certain                          Ave., Anchorage, AK 99501.                                 Initial Review
                                                  circumstances, combine its SUP                            Council address: North Pacific                      (15) Halibut Management Framework—
                                                  authority with other regulatory                         Fishery Management Council, 605 W.                         Review


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Document Created: 2015-12-14 13:56:46
Document Modified: 2015-12-14 13:56:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis notice is effective November 19, 2015.
ContactMatt Nichols, Office of National Marine Sanctuaries, 1305 East West Highway (N/NMS2), Silver Spring, MD 20910, telephone (301) 713-7262, email [email protected]
FR Citation80 FR 72415 

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