80_FR_75215 80 FR 74985 - Notice of Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries

80 FR 74985 - Notice of Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 230 (December 1, 2015)

Page Range74985-74986
FR Document2015-30434

The National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The Final Rule entered into effect on June 9, 2015. At that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries' regulations with regard to U.S. Coast Guard activities for 6 months. This document extends the postponement of the discharge requirements for these activities for another 6 months to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate.

Federal Register, Volume 80 Issue 230 (Tuesday, December 1, 2015)
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Rules and Regulations]
[Pages 74985-74986]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30434]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922


Notice of Delay of Discharge Requirements for U.S. Coast Guard 
Activities in Greater Farallones and Cordell Bank National Marine 
Sanctuaries

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

ACTION: Final rule; delay of effectiveness for discharge requirements 
with regard to Coast Guard activities.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
expanded the boundaries of Gulf of the Farallones National Marine 
Sanctuary (now renamed Greater Farallones National Marine Sanctuary or 
GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area 
north and west of their previous boundaries with a final rule published 
on March 12, 2015. The Final Rule entered into effect on June 9, 2015. 
At that time, NOAA postponed the effectiveness of the discharge 
requirements in both sanctuaries' regulations with regard to U.S. Coast 
Guard activities for 6 months. This document extends the postponement 
of the discharge requirements for these activities for another 6 months 
to provide adequate time for completion of an environmental assessment, 
and subsequent rulemaking, as appropriate.

DATES: The effectiveness for the discharge requirements in both CBNMS 
and GFNMS expansion areas with regard to U.S. Coast Guard activities is 
June 9, 2016.

ADDRESSES: Copies of the FEIS, final management plans, and the final 
rule published on March 12, 2015 can be viewed or downloaded at http://farallones.noaa.gov/manage/expansion_cbgf.html.

FOR FURTHER INFORMATION CONTACT: Maria Brown, Greater Farallones 
National Marine Sanctuary Superintendent, at Maria.Brown@noaa.gov or 
415-561-6622; or Dan Howard, Cordell Bank National Marine Sanctuary 
Superintendent, at Dan.Howard@noaa.gov or 415-464-5260.

SUPPLEMENTARY INFORMATION: On March 12, 2015, NOAA expanded the 
boundaries of Gulf of the Farallones National Marine Sanctuary (now 
renamed Greater Farallones National Marine Sanctuary or GFNMS) and 
Cordell Bank National Marine Sanctuary (CBNMS) to an area north and 
west of their previous boundaries with a final rule (80 FR 13078). The 
Final Rule entered into effect on June 9, 2015 (80 FR 34047). At that 
time, NOAA postponed the effectiveness of the discharge requirements in 
both sanctuaries' regulations with regard to U.S. Coast Guard (USCG) 
activities for 6 months.

[[Page 74986]]

    This document postpones the effectiveness of the discharge 
requirements in both sanctuaries with regard to USCG activities for 
another 6 months, until June 9, 2016. In the course of the rule making 
to expand GFNMS and CBNMS, NOAA learned from USCG that the discharge 
regulations had the potential to impair the operations of USCG vessels 
and air craft conducting law enforcement and on-water training 
exercises in GFNMS and CBNMS. The USCG supports national marine 
sanctuary management by providing routine surveillance and dedicated 
law enforcement of the National Marine Sanctuaries Act and sanctuary 
regulations.
    To ensure that the March 12, 2015 rule does not undermine USCG's 
ability to perform its duties, NOAA postponed for 6 months the 
effectiveness of the discharge requirements for USCG operations. 
Specifically, the effectiveness of the discharge requirements was 
postponed until December 9, 2015. However, NOAA needs more time to 
assess USCG activities and develop alternatives for an environmental 
assessment developed pursuant to the requirements of the National 
Environmental Policy Act. Therefore, NOAA is postponing the 
effectiveness of the discharge requirements with respect to USCG 
operations for another 6 months, until June 9, 2016. During this time, 
NOAA will consider how to address USCG's concerns and will consider, 
among other things, whether to exempt certain USCG activities in 
sanctuary regulations. The public, other federal agencies, and 
interested stakeholders will be given an opportunity to comment on 
various alternatives that are being considered. This will include the 
opportunity to review any proposed rule and related environmental 
analysis.

    Authority:  16 U.S.C. 1431 et seq.; 16 U.S.C. 470.

    Dated: November 20, 2015.
John Armor,
Acting Director for the Office of National Marine Sanctuaries.
[FR Doc. 2015-30434 Filed 11-30-15; 8:45 am]
 BILLING CODE 3510-NK-P



                                                                 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations                                        74985

                                                PART 39—AIRWORTHINESS                                   (h) Alternative Methods of Compliance                 Service (NOS), National Oceanic and
                                                DIRECTIVES                                              (AMOCs)                                               Atmospheric Administration (NOAA),
                                                                                                           (1) The Manager, Safety Management                 Department of Commerce (DOC).
                                                ■ 1. The authority citation for part 39                 Group, FAA, may approve AMOCs for this                ACTION: Final rule; delay of effectiveness
                                                continues to read as follows:                           AD. Send your proposal to: Stephen Barbini,
                                                                                                                                                              for discharge requirements with regard
                                                                                                        Flight Test Engineer, Regulations and Policy
                                                    Authority: 49 U.S.C. 106(g), 40113, 44701.                                                                to Coast Guard activities.
                                                                                                        Group, Rotorcraft Directorate, FAA, 10101
                                                § 39.13   [Amended]                                     Hillwood Pkwy, Fort Worth, TX 76177;
                                                                                                        telephone (817) 222–5110; email 9-ASW-                SUMMARY:   The National Oceanic and
                                                ■ 2. The FAA amends § 39.13 by adding                   FTW-AMOC-Requests@faa.gov.                            Atmospheric Administration (NOAA)
                                                the following new airworthiness                            (2) For operations conducted under a 14            expanded the boundaries of Gulf of the
                                                directive (AD):                                         CFR part 119 operating certificate or under           Farallones National Marine Sanctuary
                                                                                                        14 CFR part 91, subpart K, we suggest that            (now renamed Greater Farallones
                                                2015–22–53 Airbus Helicopters:
                                                    Amendment 39–18331; Docket No.                      you notify your principal inspector, or               National Marine Sanctuary or GFNMS)
                                                    FAA–2015–5806; Directorate Identifier               lacking a principal inspector, the manager of         and Cordell Bank National Marine
                                                    2015–SW–083–AD.                                     the local flight standards district office or         Sanctuary (CBNMS) to an area north
                                                                                                        certificate holding district office, before
                                                (a) Applicability                                       operating any aircraft complying with this
                                                                                                                                                              and west of their previous boundaries
                                                                                                        AD through an AMOC.                                   with a final rule published on March 12,
                                                  This AD applies to Airbus Helicopters
                                                Model AS350B3 helicopters with a dual
                                                                                                                                                              2015. The Final Rule entered into effect
                                                                                                        (i) Additional Information                            on June 9, 2015. At that time, NOAA
                                                hydraulic system installed, certificated in
                                                any category.                                              (1) Airbus Helicopters Service Bulletin No.        postponed the effectiveness of the
                                                                                                        AS350–67.00.66, Revision 1, dated October             discharge requirements in both
                                                  Note 1 to paragraph (a) of this AD: The
                                                                                                        22, 2015, and Airbus Helicopters Safety               sanctuaries’ regulations with regard to
                                                dual hydraulic system for Model AS350B3
                                                helicopters is referred to as Airbus                    Information Notice No. 2944–S–29, Revision            U.S. Coast Guard activities for 6 months.
                                                modification OP 3082 or OP 3346.                        0, dated August 26, 2015, which are not
                                                                                                        incorporated by reference, contain additional
                                                                                                                                                              This document extends the
                                                                                                        information about the subject of this AD. For         postponement of the discharge
                                                (b) Unsafe Condition
                                                                                                        service information identified in this AD,            requirements for these activities for
                                                  This AD defines the unsafe condition as                                                                     another 6 months to provide adequate
                                                                                                        contact Airbus Helicopters, 2701 N. Forum
                                                lack of hydraulic pressure in a tail rotor (T/
                                                R) hydraulic system. This condition could               Drive, Grand Prairie, TX 75052; telephone             time for completion of an environmental
                                                result in loss of T/R flight control and                (972) 641–0000 or (800) 232–0323; fax (972)           assessment, and subsequent rulemaking,
                                                subsequent loss of control of the helicopter.           641–3775; or at http://                               as appropriate.
                                                                                                        www.airbushelicopters.com/techpub. You
                                                (c) Affected ADs                                                                                              DATES: The effectiveness for the
                                                                                                        may review a copy of the service information
                                                                                                        at the FAA, Office of the Regional Counsel,           discharge requirements in both CBNMS
                                                   This AD supersedes Emergency AD 2015–
                                                22–52, Directorate Identifier 2015–SW–074–              Southwest Region, 10101 Hillwood Pkwy,                and GFNMS expansion areas with
                                                AD, dated October 28, 2015.                             Room 6N–321, Fort Worth, TX 76177.                    regard to U.S. Coast Guard activities is
                                                                                                           (2) The subject of this AD is addressed in         June 9, 2016.
                                                (d) Effective Date                                      European Aviation Safety Agency (EASA) AD             ADDRESSES: Copies of the FEIS, final
                                                  This AD becomes effective December 16,                No. 2015–0178, dated August 26, 2015. You
                                                                                                                                                              management plans, and the final rule
                                                2015 to all persons except those persons to             may view the EASA AD on the Internet at
                                                whom it was made immediately effective by               http://www.regulations.gov by searching for           published on March 12, 2015 can be
                                                Emergency AD 2015–22–53, issued on                      and locating it in Docket No. FAA–2015–               viewed or downloaded at http://
                                                October 30, 2015, which contains the                    5806.                                                 farallones.noaa.gov/manage/expansion_
                                                requirements of this AD.                                                                                      cbgf.html.
                                                                                                        (j) Subject
                                                (e) Compliance                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                           Joint Aircraft Service Component (JASC)
                                                   You are responsible for performing each              Code: 2910, Main Hydraulic System.                    Maria Brown, Greater Farallones
                                                action required by this AD within the                                                                         National Marine Sanctuary
                                                specified compliance time unless it has                   Issued in Fort Worth, Texas, on November            Superintendent, at Maria.Brown@
                                                already been accomplished prior to that time.           13, 2015.                                             noaa.gov or 415–561–6622; or Dan
                                                (f) Required Actions                                    Lance T. Gant,                                        Howard, Cordell Bank National Marine
                                                   Before further flight, insert a copy of this         Manager, Rotorcraft Directorate, Aircraft             Sanctuary Superintendent, at
                                                AD into the rotorcraft flight manual, Section           Certification Service.                                Dan.Howard@noaa.gov or 415–464–
                                                4 Normal Operating Procedures, or make pen              [FR Doc. 2015–30274 Filed 11–30–15; 8:45 am]          5260.
                                                and ink changes to the preflight and post-              BILLING CODE 4910–13–P                                SUPPLEMENTARY INFORMATION:     On March
                                                flight procedures as follows:
                                                   (1) Stop performing the yaw load
                                                                                                                                                              12, 2015, NOAA expanded the
                                                compensator check (ACCU TST switch)                                                                           boundaries of Gulf of the Farallones
                                                during preflight procedures, and instead                DEPARTMENT OF COMMERCE                                National Marine Sanctuary (now
                                                perform the yaw load compensator check                                                                        renamed Greater Farallones National
                                                during post-flight procedures after rotor shut-         National Oceanic and Atmospheric                      Marine Sanctuary or GFNMS) and
                                                down.                                                   Administration                                        Cordell Bank National Marine Sanctuary
                                                   (2) The yaw servo hydraulic switch                                                                         (CBNMS) to an area north and west of
                                                (collective switch) must be in the ‘‘ON’’               15 CFR Part 922                                       their previous boundaries with a final
                                                (forward) position before takeoff.
                                                                                                                                                              rule (80 FR 13078). The Final Rule
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                                                   Note 2 to paragraph (f)(2) of this AD: The           Notice of Delay of Discharge
                                                                                                                                                              entered into effect on June 9, 2015 (80
                                                yaw servo hydraulic switch is also called the           Requirements for U.S. Coast Guard
                                                                                                                                                              FR 34047). At that time, NOAA
                                                hydraulic pressure switch or hydraulic cut              Activities in Greater Farallones and
                                                off switch in various Airbus Helicopters                                                                      postponed the effectiveness of the
                                                                                                        Cordell Bank National Marine
                                                rotorcraft flight manuals.                                                                                    discharge requirements in both
                                                                                                        Sanctuaries
                                                                                                                                                              sanctuaries’ regulations with regard to
                                                (g) Special Flight Permits                              AGENCY: Office of National Marine                     U.S. Coast Guard (USCG) activities for 6
                                                   Special flight permits are prohibited.               Sanctuaries (ONMS), National Ocean                    months.


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                                                74986            Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations

                                                   This document postpones the                          PENSION BENEFIT GUARANTY                              Appendix D of part 4044 contains tables
                                                effectiveness of the discharge                          CORPORATION                                           to be used in determining the expected
                                                requirements in both sanctuaries with                                                                         early retirement ages.
                                                regard to USCG activities for another 6                 29 CFR Part 4044                                         Table I in appendix D (Selection of
                                                months, until June 9, 2016. In the course                                                                     Retirement Rate Category) is used to
                                                                                                        Allocation of Assets in Single-                       determine whether a participant has a
                                                of the rule making to expand GFNMS                      Employer Plans; Valuation of Benefits
                                                and CBNMS, NOAA learned from USCG                                                                             low, medium, or high probability of
                                                                                                        and Assets; Expected Retirement Age                   retiring early. The determination is
                                                that the discharge regulations had the
                                                                                                        AGENCY:  Pension Benefit Guaranty                     based on the year a participant would
                                                potential to impair the operations of
                                                                                                        Corporation.                                          reach ‘‘unreduced retirement age’’ (i.e.,
                                                USCG vessels and air craft conducting
                                                                                                                                                              the earlier of the normal retirement age
                                                law enforcement and on-water training                   ACTION: Final rule.
                                                                                                                                                              or the age at which an unreduced
                                                exercises in GFNMS and CBNMS. The                                                                             benefit is first payable) and the
                                                                                                        SUMMARY:   This rule amends the Pension
                                                USCG supports national marine                           Benefit Guaranty Corporation’s                        participant’s monthly benefit at
                                                sanctuary management by providing                       regulation on Allocation of Assets in                 unreduced retirement age. The table
                                                routine surveillance and dedicated law                  Single-Employer Plans by substituting a               applies only to plans with valuation
                                                enforcement of the National Marine                      new table for determining expected                    dates in the current year and is updated
                                                Sanctuaries Act and sanctuary                           retirement ages for participants in                   annually by the PBGC to reflect changes
                                                regulations.                                            pension plans undergoing distress or                  in the cost of living, etc.
                                                   To ensure that the March 12, 2015                    involuntary termination with valuation                   Tables II–A, II–B, and II–C (Expected
                                                rule does not undermine USCG’s ability                  dates falling in 2016. This table is                  Retirement Ages for Individuals in the
                                                to perform its duties, NOAA postponed                   needed in order to compute the value of               Low, Medium, and High Categories
                                                                                                        early retirement benefits and, thus, the              respectively) are used to determine the
                                                for 6 months the effectiveness of the
                                                                                                        total value of benefits under a plan.                 expected retirement age after the
                                                discharge requirements for USCG                                                                               probability of early retirement has been
                                                operations. Specifically, the                           DATES: Effective January 1, 2016.
                                                                                                                                                              determined using Table I. These tables
                                                effectiveness of the discharge                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              establish, by probability category, the
                                                requirements was postponed until                        Catherine B. Klion (Klion.Catherine@                  expected retirement age based on both
                                                December 9, 2015. However, NOAA                         pbgc.gov), Assistant General Counsel for              the earliest age a participant could retire
                                                needs more time to assess USCG                          Regulatory Affairs, Pension Benefit                   under the plan and the unreduced
                                                activities and develop alternatives for an              Guaranty Corporation, 1200 K Street                   retirement age. This expected retirement
                                                environmental assessment developed                      NW., Washington, DC 20005, 202–326–                   age is used to compute the value of the
                                                pursuant to the requirements of the                     4024. (TTY/TDD users may call the                     early retirement benefit and, thus, the
                                                National Environmental Policy Act.                      Federal relay service toll-free at 1–800–             total value of benefits under the plan.
                                                Therefore, NOAA is postponing the                       877–8339 and ask to be connected to                      This document amends appendix D to
                                                                                                        202–326–4024.)                                        replace Table I–15 with Table I–16 in
                                                effectiveness of the discharge
                                                                                                        SUPPLEMENTARY INFORMATION: The                        order to provide an updated correlation,
                                                requirements with respect to USCG
                                                operations for another 6 months, until                  Pension Benefit Guaranty Corporation                  appropriate for calendar year 2016,
                                                                                                        (PBGC) administers the pension plan                   between the amount of a participant’s
                                                June 9, 2016. During this time, NOAA
                                                                                                        termination insurance program under                   benefit and the probability that the
                                                will consider how to address USCG’s
                                                                                                        Title IV of the Employee Retirement                   participant will elect early retirement.
                                                concerns and will consider, among
                                                                                                        Income Security Act of 1974 (ERISA).                  Table I–16 will be used to value benefits
                                                other things, whether to exempt certain                 PBGC’s regulation on Allocation of                    in plans with valuation dates during
                                                USCG activities in sanctuary                            Assets in Single-Employer Plans (29                   calendar year 2016.
                                                regulations. The public, other federal                  CFR part 4044) sets forth (in subpart B)                 PBGC has determined that notice of,
                                                agencies, and interested stakeholders                   the methods for valuing plan benefits of              and public comment on, this rule are
                                                will be given an opportunity to                         terminating single-employer plans                     impracticable and contrary to the public
                                                comment on various alternatives that                    covered under Title IV. Guaranteed                    interest. Plan administrators need to be
                                                are being considered. This will include                 benefits and benefit liabilities under a              able to estimate accurately the value of
                                                the opportunity to review any proposed                  plan that is undergoing a distress                    plan benefits as early as possible before
                                                rule and related environmental analysis.                termination must be valued in                         initiating the termination process. For
                                                  Authority: 16 U.S.C. 1431 et seq.; 16                 accordance with subpart B of part 4044.               that purpose, if a plan has a valuation
                                                U.S.C. 470.                                             In addition, when PBGC terminates an                  date in 2016, the plan administrator
                                                                                                        underfunded plan involuntarily                        needs the updated table being
                                                  Dated: November 20, 2015.                             pursuant to ERISA section 4042(a), it                 promulgated in this rule. Accordingly,
                                                John Armor,                                             uses the subpart B valuation rules to                 the public interest is best served by
                                                Acting Director for the Office of National              determine the amount of the plan’s                    issuing this table expeditiously, without
                                                Marine Sanctuaries.                                     underfunding.                                         an opportunity for notice and comment,
                                                [FR Doc. 2015–30434 Filed 11–30–15; 8:45 am]               Under § 4044.51(b) of the asset                    to allow as much time as possible to
                                                BILLING CODE 3510–NK–P                                  allocation regulation, early retirement               estimate the value of plan benefits with
                                                                                                        benefits are valued based on the annuity              the proper table for plans with valuation
                                                                                                        starting date, if a retirement date has               dates in early 2016.
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                                                                                                        been selected, or the expected                           PBGC has determined that this action
                                                                                                        retirement age, if the annuity starting               is not a ‘‘significant regulatory action’’
                                                                                                        date is not known on the valuation date.              under the criteria set forth in Executive
                                                                                                        Sections 4044.55 through 4044.57 set                  Order 12866.
                                                                                                        forth rules for determining the expected                 Because no general notice of proposed
                                                                                                        retirement ages for plan participants                 rulemaking is required for this
                                                                                                        entitled to early retirement benefits.                regulation, the Regulatory Flexibility


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Document Created: 2018-03-02 09:11:12
Document Modified: 2018-03-02 09:11:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; delay of effectiveness for discharge requirements with regard to Coast Guard activities.
DatesThe effectiveness for the discharge requirements in both CBNMS and GFNMS expansion areas with regard to U.S. Coast Guard activities is June 9, 2016.
ContactMaria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622; or Dan Howard, Cordell Bank National Marine Sanctuary Superintendent, at [email protected] or 415-464-5260.
FR Citation80 FR 74985 

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