81 FR 23445 - Intent To Conduct Scoping and Prepare a Draft Environmental Assessment for Changes in Regulations for Greater Farallones and Cordell Bank National Marine Sanctuaries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 77 (April 21, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 77 (April 21, 2016)
| Page Range | 23445-23447 | |
| FR Document | 2016-09248 |
[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)] [Proposed Rules] [Pages 23445-23447] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09248] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 RIN 0648-BF99 Intent To Conduct Scoping and Prepare a Draft Environmental Assessment for Changes in Regulations for 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: Notice of intent to conduct scoping, hold public scoping meetings, and prepare an environmental assessment. ----------------------------------------------------------------------- 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. Pursuant to a request from USCG, NOAA is considering developing future rulemaking to allow the following USCG discharges within part or all of GFNMS and CBNMS: 1. Untreated vessel sewage, 2. vessel graywater that does not meet the definition of clean as defined by the Federal Water Pollution Control Act (FWPCA), and 3. ammunition and pyrotechnics (flare) materials used in USCG training exercises for use of force and search and rescue. NOAA will conduct public scoping meetings to gather information and other comments to determine the relevant scope of issues and range of alternatives to be addressed in the environmental process from individuals, organizations, tribes, and government agencies on this topic. The scoping meetings are scheduled as detailed below. DATES: Written comments should be received on or before May 31, 2016. Scoping meetings will be held on: 1. May 10, 2016, 6 p.m. 2. May 11, 2016, 6 p.m. 3. May 12, 2016, 6 p.m. ADDRESSES: You may submit comments on this document, identified by NOAA-NOS-2016-0043, by any of the following methods: [[Page 23446]]Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NOS-2016-0043, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Maria Brown, Superintendent, Greater Farallones National Marine Sanctuary, 991 Marine Drive, The Presidio, San Francisco, CA 94129. In Person: At any of the following scoping meetings: 1. San Francisco Bay Area--U.S. Army Corps of Engineers, Bay Model Visitor Center, 2100 Bridgeway, Blvd., Sausalito, CA 94965 (May 10, 2016). 2. Bodega Bay Fire Protection District, 510 Highway One, Bodega Bay, CA 94923(May 11, 2016). 3. Gualala Community Center, 47950 Center Street, Gualala, CA 95445 (May 12, 2016). Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NOAA. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NOAA will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622. SUPPLEMENTARY INFORMATION: Background NOAA is charged with managing marine protected areas as the National Marine Sanctuary System (16 U.S.C. 1431 (b)(1)). The Office of National Marine Sanctuaries (ONMS) is the federal office within NOAA that manages the National Marine Sanctuary System. The mission of ONMS is to identify, protect, conserve, and enhance the natural and cultural resources, values, and qualities of the National Marine Sanctuary System for this and future generations throughout the nation. ONMS serves as the trustee for 15 marine protected areas, among them GFNMS and CBNMS. GFNMS was designated in 1981 and protects approximately 3,295 square miles (2,488 square nautical miles). CBNMS was designated in 1989 and protects approximately 1,286 square miles (971 square nautical miles). 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 activities for six months. An additional six month postponement of the effectiveness of the discharge requirements was published in the Federal Register on December 1, 2015, to provide adequate time for completion of an environmental assessment and to determine NOAA's next steps. Without further NOAA action, the discharge regulations would become effective with regard to USCG activities June 9, 2016. Both sanctuaries' regulations prohibit discharging or depositing, from within or into the sanctuary, any material or other matter (15 CFR 922.82(a)(2-3) and 15 CFR 922.112(a)(2)(i-ii)). Several other national marine sanctuaries also have these regulatory prohibitions. The discharge prohibitions are aimed at maintaining and improving water quality within national marine sanctuaries to enhance conditions for the living marine resources within the sanctuaries. The discharge regulations have exemptions; those relevant for the proposed action include: --For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the sanctuary, clean effluent generated incidental to vessel use by an operable Type I or II marine sanitation device that is approved in accordance with section 312 of the Federal Water Pollution Control Act, as amended (FWPCA); marine sanitation devices must be locked in a manner that prevents discharge or deposit of untreated sewage (Sec. 922.82(a)(2)(ii) and Sec. 922.112(a)(2)(i)(B)); --for a vessel less than 300 GRT, or a vessel 300 GRT or greater without sufficient holding tank capacity to hold graywater while within the sanctuary, clean graywater as defined by section 312 of the FWPCA (Sec. 922.82(a)(2)(iv) and Sec. 922.112(a)(2)(i)(D)); and --activities necessary to respond to an emergency threatening life, property or the environment (Sec. 922.82(c) and Sec. 922.112(b)). The USCG, part of the U.S. Department of Homeland Security, is a military service and a branch of the armed forces (14 U.S.C. 1), charged with carrying out eleven maritime safety, security and stewardship missions. One key mission of the USCG is to enforce or assist in the enforcement of all applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States. As part of this mission, the USCG supports resource protection efforts within GFNMS and CBNMS by providing surveillance of activities within the sanctuaries and enforcement of the National Marine Sanctuaries Act (NMSA) and other laws. The USCG has authority to enforce the NMSA under 14 U.S.C. 2 and 14 U.S.C. 89. Law enforcement activities for the two sanctuaries are also conducted by other agencies, primarily NOAA's Office of Law Enforcement and the California Department of Fish and Wildlife. In GFNMS the National Park Service and several local agencies also conduct law enforcement activities. The USCG also leads incident planning and response activities for oil spills and other incidents in U.S. coastal and ocean waters. These activities are necessary components of GFNMS and CBNMS management. Other USCG missions that support national marine sanctuary management include ports, waterways and coastal security; aids to navigation, including tending buoys; search and rescue; living marine resources; marine safety; and marine environmental protection. The USCG may concurrently conduct activities to support more than one of its missions when operating vessels within or aircraft above GFNMS and CBNMS. In the course of the rulemaking to expand GFNMS and CBNMS, NOAA received a letter dated February 4, 2013, from the USCG stating that the sewage and graywater discharge prohibitions proposed for the GFNMS and CBNMS expansion areas had the potential to impair the ability of USCG vessels to conduct operational missions in the proposed enlarged sanctuaries and to stay ``mission ready''. In 2014, USCG and NOAA re- initiated discussions to try to address all types of discharges from the training activities and the sewage and graywater discharges from other missions and routine patrols in both GFNMS and CBNMS. Subsequently, NOAA and the USCG entered into interagency consultations in January 2015 to address both agencies' concerns. NOAA published the final rule for the expansion of GFNMS and CBNMS on March 12, 2015 (80 FR 13078), in the Federal Register and the rule became effective on June 9, 2015 (80 FR 34047). At issue are the discharge regulations in both sanctuaries and USCG [[Page 23447]] compliance with these regulations during routine vessel operations and during training exercises designed to make USCG personnel ready for search and rescue missions and use of force missions using live fire exercises. NOAA is concerned with protecting sanctuary resources and habitats, resolving any conflicts that could occur among sanctuary user groups (e.g., fishing and USCG live fire training), and ensuring continued USCG enforcement of sanctuary regulations. To ensure the rule did not impair USCG operations necessary to fulfill its multi-purpose missions while the agencies were in consultation, the document postponed for six months the effective date for the discharge requirements in the expansion areas for both sanctuaries with regard to USCG activities. NOAA committed to considering exempting certain USCG discharge activities from the GFNMS and CBNMS regulations. An additional six month postponement of the effectiveness of the discharge requirements was published in the Federal Register December 1, 2015, to provide adequate time for completion of an environmental assessment and to determine NOAA's action. Without further NOAA action, the discharge regulations would become effective with regard to USCG activities on June 9, 2016. Potential Options NOAA is exploring a variety of options on how to best protect sanctuary resources while ensuring the operational capacity for USCG to conduct mission-essential activities. NOAA has identified two options for this: 1. Changing the regulations to allow USCG discharges; and 2. issuing a national marine sanctuary general permit, if the activity is eligible for a permit and is conducted in accordance with the terms and conditions in the permit (see http://sanctuaries.noaa.gov/management/permits/). In either case, discharges could be allowed in all waters of the sanctuaries; only in Federal waters (further than 3 nautical miles from shore); in certain zones delineated based on biological factors (such as oceanographic features or density of significant species) and other factors (such as high use for recreation, shipping, or other human activities); in the expanded waters of CBNMS and GFNMS based on the March 12, 2015 rulemaking; or not at all. NOAA is interested in receiving public comment on the best way to address the need for continued USCG operations in CBNMS and GFNMS while fulfilling its primary objective of resource protection in national marine sanctuaries. Request for Information NOAA anticipates that these changes, whether regulatory or non- regulatory will require preparation of an environmental assessment under the National Environmental Policy Act (NEPA). Therefore, NOAA is also interested in receiving public comment that could contribute to the environmental analysis that will be prepared for this action; specifically, information related to the potential impacts of Coast Guard operational vessel discharges of sewage and graywater and training discharges within GFNMS and CBNMS on biological, physical and oceanographic features of the sanctuaries as well as on human activities taking place in the sanctuaries. Timeline The process for this action is composed of four major stages: 1. Information collection and characterization (scoping); 2. preparation and release of a draft environmental assessment under NEPA, and any proposed amendments to the regulations if appropriate; 3. public review and comment; 4. preparation and release of a final environmental assessment, and any final amendments to the regulations if appropriate. This document also advises the public that NOAA will coordinate any consultation responsibilities under section 7 of the Endangered Species Act (ESA), Essential Fish Habitat (EFH) under the Magnuson Stevens Fishery Conservation and Management Act (MSA), section 106 of the National Historic Preservation Act (NHPA, 16 U.S.C. 470), and Federal Consistency review under the Coastal Zone Management Act (CZMA), along with its ongoing NEPA process including the use of NEPA documents and public and stakeholder meetings to also meet the requirements of other federal laws. In fulfilling its responsibility under the NHPA and NEPA, NOAA intends to identify consulting parties; identify historic properties and assess the effects of the undertaking on such properties; initiate formal consultation with the State Historic Preservation Officer, the Advisory Council of Historic Preservation, and other consulting parties as appropriate; involve the public in accordance with NOAA's NEPA procedures, and develop in consultation with identified consulting parties alternatives and proposed measures that might avoid, minimize or mitigate any adverse effects on historic properties as appropriate and describe them in any environmental assessment or draft environmental impact statement. Authority: 16 U.S.C. 1431 et seq. Dated: April 15, 2016. John Armor, Acting Director for the Office of National Marine Sanctuaries. [FR Doc. 2016-09248 Filed 4-20-16; 8:45 am] BILLING CODE 3510-NK-P
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submitted information is validated as protection programs that may duplicate DEPARTMENT OF COMMERCE
PCII, the entire submission is given or overlap with the PCII requirements as
protection as PCII. Additionally, well as a specific description of the National Oceanic and Atmospheric
metadata practices are not streamlined duplicative or overlapping requirement. Administration
so that it is received in a uniform
h. Administration of PCII Program in
process. This ANPRM seeks comments 15 CFR Part 922
States—Comments on streamlining the
regarding the marking of PCII as it
relates to the Controlled Unclassified administration of the PCII Program RIN 0648–BF99
Information (CUI) framework, to include within State, local, tribal, and territorial
entities by including State, local, tribal, Intent To Conduct Scoping and
comments on portion marking of Prepare a Draft Environmental
original PCII, and the marking of PCII and territorial Homeland Security
Advisors in the management of the PCII Assessment for Changes in
metadata. Regulations for Greater Farallones and
c. Sharing PCII with Foreign Program so that states are accredited in
Cordell Bank National Marine
Governments—To date the PCII Program their entirety and aligned with the
Sanctuaries
does not share PCII with foreign requirements of the PCII Program.
governments, however it is possible to In each of the above cases, DHS also AGENCY: Office of National Marine
do so through sharing agreements. This requests that the commenter provide, in Sanctuaries (ONMS), National Ocean
ANPRM seeks comments regarding the as much detail as possible, an Service (NOS), National Oceanic and
sharing of PCII with trusted Atmospheric Administration (NOAA),
explanation why the procedures should
international partners identified through Department of Commerce (DOC).
sharing agreements to support the be modified, streamlined, expanded, or
removed, as well as specific suggestions ACTION: Notice of intent to conduct
critical infrastructure protection and scoping, hold public scoping meetings,
resilience efforts of the United States of the ways DHS can better achieve its
protective objectives for sharing and prepare an environmental
and partner governments. assessment.
d. Regulatory Purposes—Comments information about the nation’s critical
on whether the current information in 6 infrastructure. SUMMARY: The National Oceanic and
CFR part 29 is sufficient to describe the In addressing these topics, DHS Atmospheric Administration (NOAA)
restriction on regulatory access to PCII. encourages interested parties to provide expanded the boundaries of Gulf of the
See sections 29.2(k) and 29.3 of 6 CFR specific data that documents the Farallones National Marine Sanctuary
part 29. potential costs of modifying the existing (now renamed Greater Farallones
e. Safeguarding—Comments on all National Marine Sanctuary or GFNMS)
regulatory requirements pursuant to the
aspects of PCII safeguarding, including and Cordell Bank National Marine
commenter’s suggestions; the potential
comments on storage, violations of Sanctuary (CBNMS) to an area north
unauthorized disclosure, dissemination, quantifiable benefits including security
and societal benefits of modifying the and west of their previous boundaries
tracking and use of PCII, and with a final rule published on March 12,
destruction of same. existing procedures; and the potential
impacts on small businesses of 2015. The final rule entered into effect
f. Oversight and Compliance— on June 9, 2015. Pursuant to a request
Currently, oversight and compliance modifying the existing regulatory
from USCG, NOAA is considering
within the PCII Program ensures that all requirements. Commenters might also
developing future rulemaking to allow
critical infrastructure activities are in address how DHS can best obtain and
the following USCG discharges within
accordance with the CII Act of 2002 and consider accurate, objective information
part or all of GFNMS and CBNMS: 1.
6 CFR part 29. This ANPRM seeks and data about the costs, burdens, and Untreated vessel sewage, 2. vessel
comments relating to broadening the benefits of the PCII Program and graywater that does not meet the
oversight and compliance of the PCII whether there are lower cost alternatives definition of clean as defined by the
Program to enhance assessment and that would allow DHS to continue to Federal Water Pollution Control Act
measure the effectiveness of compliance achieve its goal of protecting sensitive (FWPCA), and 3. ammunition and
with PCII Program policies, procedures security information on the nation’s pyrotechnics (flare) materials used in
and practices. critical infrastructure consistent with
g. Alignment with other information USCG training exercises for use of force
the CII Act of 2002. and search and rescue. NOAA will
protection programs—Comments
regarding how DHS may be able to Jeh Charles Johnson,
conduct public scoping meetings to
better align the PCII Program with other gather information and other comments
Secretary. to determine the relevant scope of issues
existing information protection and [FR Doc. 2016–09186 Filed 4–20–16; 8:45 am]
sharing programs, such as the and range of alternatives to be addressed
Transportation Security
BILLING CODE 9110–9P–P in the environmental process from
Administration’s Sensitive Security individuals, organizations, tribes, and
Information program, the Department of government agencies on this topic. The
Homeland Security’s Chemical- scoping meetings are scheduled as
Terrorism Vulnerability Information detailed below.
program, and the National Archives and DATES: Written comments should be
Records Administration Controlled received on or before May 31, 2016.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Unclassified Information Program, Scoping meetings will be held on:
including comments on any duplication 1. May 10, 2016, 6 p.m.
or overlap that may exist between the 2. May 11, 2016, 6 p.m.
PCII Program and another information 3. May 12, 2016, 6 p.m.
protection programs. When providing ADDRESSES: You may submit comments
comments on this topic, DHS on this document, identified by NOAA–
encourages commenters to provide the NOS–2016–0043, by any of the
specific citations to any information following methods:
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![Federal Register / Vol. 81, No. 77 / Thursday, April 21, 2016 / Proposed Rules 23447
compliance with these regulations objective of resource protection in properties as appropriate and describe
during routine vessel operations and national marine sanctuaries. them in any environmental assessment
during training exercises designed to or draft environmental impact
Request for Information
make USCG personnel ready for search statement.
and rescue missions and use of force NOAA anticipates that these changes,
Authority: 16 U.S.C. 1431 et seq.
missions using live fire exercises. whether regulatory or non-regulatory
NOAA is concerned with protecting will require preparation of an Dated: April 15, 2016.
sanctuary resources and habitats, environmental assessment under the John Armor,
resolving any conflicts that could occur National Environmental Policy Act Acting Director for the Office of National
among sanctuary user groups (e.g., (NEPA). Therefore, NOAA is also Marine Sanctuaries.
fishing and USCG live fire training), and interested in receiving public comment [FR Doc. 2016–09248 Filed 4–20–16; 8:45 am]
ensuring continued USCG enforcement that could contribute to the BILLING CODE 3510–NK–P
of sanctuary regulations. environmental analysis that will be
prepared for this action; specifically,
To ensure the rule did not impair
information related to the potential ENVIRONMENTAL PROTECTION
USCG operations necessary to fulfill its
impacts of Coast Guard operational AGENCY
multi-purpose missions while the
vessel discharges of sewage and
agencies were in consultation, the
graywater and training discharges 40 CFR Part 52
document postponed for six months the
within GFNMS and CBNMS on
effective date for the discharge [EPA–R06–OAR–2016–0132; FRL–9945–08–
biological, physical and oceanographic
requirements in the expansion areas for Region 6]
features of the sanctuaries as well as on
both sanctuaries with regard to USCG
human activities taking place in the Approval and Promulgation of
activities. NOAA committed to
sanctuaries. Implementation Plans; State of
considering exempting certain USCG
discharge activities from the GFNMS Timeline Louisiana; Revisions to the State
and CBNMS regulations. An additional Implementation Plan; Fee Regulations
The process for this action is
six month postponement of the composed of four major stages: AGENCY: Environmental Protection
effectiveness of the discharge 1. Information collection and Agency (EPA).
requirements was published in the characterization (scoping); 2. ACTION: Proposed rule.
Federal Register December 1, 2015, to preparation and release of a draft
provide adequate time for completion of environmental assessment under NEPA, SUMMARY: The Environmental Protection
an environmental assessment and to and any proposed amendments to the Agency (EPA) is proposing to approve
determine NOAA’s action. Without regulations if appropriate; 3. public revisions to the Louisiana State
further NOAA action, the discharge review and comment; 4. preparation and Implementation Plan (SIP) related to the
regulations would become effective with release of a final environmental Fee Regulations section of the Louisiana
regard to USCG activities on June 9, assessment, and any final amendments SIP that were submitted by the State of
2016. to the regulations if appropriate. This Louisiana on February 23, 2016. The
Potential Options document also advises the public that EPA has evaluated the SIP submittal
NOAA will coordinate any consultation from Louisiana and preliminarily
NOAA is exploring a variety of responsibilities under section 7 of the determined these revisions are
options on how to best protect sanctuary Endangered Species Act (ESA), consistent with the requirements of the
resources while ensuring the Essential Fish Habitat (EFH) under the Clean Air Act (Act or CAA). The EPA
operational capacity for USCG to Magnuson Stevens Fishery Conservation is proposing this action under section
conduct mission-essential activities. and Management Act (MSA), section 110 of the Act.
NOAA has identified two options for 106 of the National Historic DATES: Written comments should be
this: 1. Changing the regulations to Preservation Act (NHPA, 16 U.S.C. 470), received on or before May 23, 2016.
allow USCG discharges; and 2. issuing and Federal Consistency review under
ADDRESSES: Submit your comments,
a national marine sanctuary general the Coastal Zone Management Act
permit, if the activity is eligible for a identified by Docket No. EPA–R06–
(CZMA), along with its ongoing NEPA
permit and is conducted in accordance OAR–2016–0132, at http://
process including the use of NEPA
with the terms and conditions in the www.regulations.gov or via email to
documents and public and stakeholder
permit (see http://sanctuaries.noaa.gov/ donaldson.tracie@epa.gov. For
meetings to also meet the requirements
management/permits/). In either case, additional information on how to
of other federal laws.
discharges could be allowed in all In fulfilling its responsibility under submit comments see the detailed
waters of the sanctuaries; only in the NHPA and NEPA, NOAA intends to instructions in the ADDRESSES section of
Federal waters (further than 3 nautical identify consulting parties; identify the direct final rule located in the rules
miles from shore); in certain zones historic properties and assess the effects section of this Federal Register.
delineated based on biological factors of the undertaking on such properties; FOR FURTHER INFORMATION CONTACT:
(such as oceanographic features or initiate formal consultation with the Tracie Donaldson, 214–665–6633,
density of significant species) and other State Historic Preservation Officer, the donaldson.tracie@epa.gov. To inspect
factors (such as high use for recreation, Advisory Council of Historic the hard copy materials, please schedule
jstallworth on DSK7TPTVN1PROD with PROPOSALS
shipping, or other human activities); in Preservation, and other consulting an appointment with Tracie Donaldson
the expanded waters of CBNMS and parties as appropriate; involve the or Bill Deese at 214–665–7253.
GFNMS based on the March 12, 2015 public in accordance with NOAA’s SUPPLEMENTARY INFORMATION: In the
rulemaking; or not at all. NOAA is NEPA procedures, and develop in final rules section of this Federal
interested in receiving public comment consultation with identified consulting Register, the EPA is approving the
on the best way to address the need for parties alternatives and proposed State’s SIP submittal as a direct rule
continued USCG operations in CBNMS measures that might avoid, minimize or without prior proposal because the
and GFNMS while fulfilling its primary mitigate any adverse effects on historic Agency views this as a noncontroversial
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Document Created: 2016-04-21 01:18:24
Document Modified: 2016-04-21 01:18:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of intent to conduct scoping, hold public scoping meetings, and prepare an environmental assessment. | |
| Dates | Written comments should be received on or before May 31, 2016. | |
| Contact | Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622. | |
| FR Citation | 81 FR 23445 | |
| RIN Number | 0648-BF99 |
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