81 FR 66911 - Endangered and Threatened Species; Designation of Critical Habitat for Five Distinct Population Segments of Atlantic Sturgeon; Reopening of Public Comment Period

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range		66911-66912
FR Document		2016-23530

NMFS hereby reopens the comment period on the proposed designation of critical habitat for five distinct population segments (DPSs) of Atlantic sturgeon. Critical habitat for the five DPSs was proposed in two separate proposed rules, published on June 3, 2016, with a 90-day comment period.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)

[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Proposed Rules]
[Pages 66911-66912]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23530]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 150818735-6236-01]
RIN 0648-BF28 and 0648-BF32


Endangered and Threatened Species; Designation of Critical 
Habitat for Five Distinct Population Segments of Atlantic Sturgeon; 
Reopening of Public Comment Period

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule, reopening of public comment period.

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SUMMARY: NMFS hereby reopens the comment period on the proposed

[[Page 66912]]

designation of critical habitat for five distinct population segments 
(DPSs) of Atlantic sturgeon. Critical habitat for the five DPSs was 
proposed in two separate proposed rules, published on June 3, 2016, 
with a 90-day comment period.

DATES: The comment period for the proposed rules that published on June 
3, 2016 (81 FR 35701 and 81 FR 36078) are reopened. Comments must be 
submitted via the Federal eRulemaking Portal or received at the 
appropriate address (see ADDRESSES) by October 14, 2016.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2015-0107 
for the proposed rule for the Gulf of Maine, New York Bight, and 
Chesapeake Bay DPSs and identified by NOAA-NMFS-2015-0157 for the 
Carolina and South Atlantic DPSs, by either of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0107 or www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0157, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: For docket NOAA-NMFS-2015-0107, submit comments to 
Assistant Regional Administrator, Protected Resources Division, NMFS, 
Greater Atlantic Regional Office, 55 Great Republic Drive, Gloucester, 
MA 01930. For docket NOAA-NMFS-2015-0157, submit comments to Assistant 
Regional Administrator, Protected Resources Division, NMFS, Southeast 
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.
    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 us. 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. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Andrew Herndon, NMFS, SERO at 727-824-
5312; Lynn Lankshear, NMFS, GARFO at 978-282-8473; or Lisa Manning, 
NMFS, Office of Protected Resources at 301-427-8466.

SUPPLEMENTARY INFORMATION: 

Reopening

    On June 3, 2016, we, NMFS, published two proposed rules (81 FR 
35701and 81 FR 36078) to designate critical habitat for the Gulf of 
Maine, New York Bight, Chesapeake Bay, Carolina, and South Atlantic 
DPSs of Atlantic sturgeon under the Endangered Species Act of 1973 
(ESA), as amended. A 90-day public comment period was provided. Public 
comments were due by September 1, 2016. NMFS received multiple requests 
for extension of the comment period. Based on the requests, the comment 
period for each of these proposed rules is reopened for an additional 
15 days to provide further opportunity for public comment.
    We are soliciting comments from the public on all aspects of the 
proposal, including information on the economic, national security, and 
other relevant impacts. Comments already received during the 90-day 
comment period and additional comments received during the reopened 15-
day comment period will be considered prior to making the final 
designations.

Background

    We propose to designate critical habitat for the Gulf of Maine, New 
York Bight, Chesapeake Bay, Carolina, and South Atlantic Distinct 
Population Segments (DPSs) of Atlantic sturgeon (Acipenser oxyrinchus 
oxyrinchus). The specific areas proposed for designation include 
approximately 244 kilometers (152 miles) of aquatic habitat for the 
Gulf of Maine DPS, 547 kilometers (340 miles) of aquatic habitat for 
the New York Bight DPS, and 729 kilometers (453 miles) of aquatic 
habitat for the Chesapeake Bay DPS. Our proposed determinations for the 
Gulf of Maine, New York Bight, and Chesapeake Bay DPSs are described in 
the document identified by NOAA-NMFS-2015-0107. We also propose to 
designate approximately 1,997 kilometers (1,241 miles) of occupied 
aquatic habitat and 383 kilometers (238 miles) of unoccupied aquatic 
habitat for the Carolina DPS, and approximately 2,911 kilometers (1,809 
miles) of occupied aquatic habitat and 33 kilometers (21 miles) of 
unoccupied aquatic habitat for the South Atlantic DPS. Our proposed 
determinations for the Carolina and South Atlantic DPSs are described 
in the document identified by NOAA-NMFS-2015-0157. We do not propose to 
exclude any particular areas from the proposed critical habitat 
designations.

    Authority: 16 U.S.C. 1533.

    Dated: September 26, 2016.
Samuel D Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-23530 Filed 9-28-16; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Proposed Rules 66911

for the water body as a whole for all approved, the corresponding federal from June to August. During that time,
CWA purposes. A WQS variance is baseline WQS rule would no longer EPA received considerable input from
designed to lead to improved water apply to such tribe’s reservation waters tribal officials, most of it supportive of
quality over the duration of the WQS because such waters would fall within this effort. The types of questions posed
variance and, in some cases, full the categories of waters excluded from by tribal officials are reflected in this
attainment of designated uses due to any federal baseline WQS rule, namely ANPRM for further discussion and
advances in treatment technologies, reservation waters with CWA-effective public comment. EPA will continue to
control practices, or other changes in WQS. Therefore, the federal baseline consult, coordinate, and engage tribes,
circumstances, thereby furthering the WQS would not affect a tribe’s ability to to permit them to have meaningful and
objectives of the CWA. For more apply to administer its own WQS timely input into development of any
information on WQS variances, please program and adopt WQS under 40 CFR potential federal baseline WQS
refer to EPA’s final rulemaking to 131.8. rulemaking.
update the national WQS regulation.30 EPA invites comments on the EPA invites comment from tribes on
EPA’s current regulation allows for inclusion of a section making clear that whether establishing federal baseline
adoption of a WQS variance, consistent tribes, at any time, may seek TAS and, WQS is an appropriate step in
with 40 CFR 131.14, as part of a state if approved by EPA, submit their own advancing the federal trust
or authorized tribe’s WQS. EPA would WQS for CWA purposes as outlined in responsibility to federally recognized
consider establishing WQS variances to this section. tribes, and enhancing tribal government
EPA’s promulgated federal baseline sovereignty through protection of
designated uses and criteria on a case- IV. Statutory and Executive Order
reservation water quality. EPA is
by-case basis in consultation with tribes. Review
interested in any input regarding
Recognizing such tribes may have A. Statutory and Executive Order whether there are any concerns that
limited resources and minimal to no Reviews would warrant not including a tribe in
expertise with WQS development and any final federal baseline WQS rule.
Under Executive Order 12866,
administration, EPA could work in While EPA is considering proposing to
entitled Regulatory Planning and
consultation with the affected tribal apply these WQS to all Indian
government(s) to assemble Review (58 FR 51735, October 4, 1993),
this is a ‘‘significant regulatory action’’ reservations without CWA-effective
documentation to justify a WQS WQS, in order to meet the goals of the
variance and meet the requirements of because the action raises novel legal or
policy issues. Accordingly, EPA CWA and better protect Indian
40 CFR 131.14, as appropriate. reservation waters, EPA invites
EPA invites comments on the submitted this action to the Office of
Management and Budget (OMB) for comment on other options.
inclusion of a WQS variance authorizing
provision as outlined in this section, review under Executive Order 12866 List of Subjects in 40 CFR Part 131
any additional options to consider when and any changes made in response to
Environmental protection, Indians—
establishing a WQS variance provision OMB recommendations have been
lands, Intergovernmental relations,
for any potential federal baseline WQS documented in the docket for this
Reporting and recordkeeping
rule, and on the implementation of the action. Because this action does not
requirements, Water pollution control.
WQS variance provision. propose or impose any requirements,
and instead seeks comments and Dated: September 19, 2016.
H. Can tribes adopt WQS of their own? suggestions for the Agency to consider Gina McCarthy,
In any final federal baseline WQS in possibly developing a subsequent Administrator.
rule, EPA could include an explicit proposed rule, the various statutes and [FR Doc. 2016–23432 Filed 9–28–16; 8:45 am]
section to make clear that a tribe Executive Orders that normally apply to BILLING CODE 6560–50–P
approved for TAS eligibility under CWA rulemaking do not apply in this case.
section 518 would continue to be able Should EPA subsequently determine to
to adopt WQS of its own and submit pursue a rulemaking, EPA will address DEPARTMENT OF COMMERCE
them to EPA for approval, even after the statutes and Executive Orders as
baseline WQS became effective. The applicable to that rulemaking. National Oceanic and Atmospheric
tribe would need to apply to EPA for Administration
B. Executive Order 13175: Consultation
TAS to administer the WQS program. If
and Coordination With Indian Tribal
EPA determines the tribe is eligible to 50 CFR Part 226
Governments
administer the program, using the
This ANPRM seeks input on key [Docket No. 150818735–6236–01]
eligibility criteria and procedures in 40
CFR 131.8, then EPA would review the issues related to whether and how to fill RIN 0648–BF28 and 0648–BF32
WQS adopted and submitted by the the gap of WQS coverage in Indian
tribe to EPA. At that point, EPA reviews reservation waters. In preparation for Endangered and Threatened Species;
the submission under the process it this ANPRM effort, EPA consulted and Designation of Critical Habitat for Five
regularly uses for tribes and states to coordinated with tribal officials, Distinct Population Segments of
ensure they are consistent with the consistent with EPA’s Policy on Atlantic Sturgeon; Reopening of Public
requirements of the CWA and EPA’s Consultation and Coordination with Comment Period
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

implementing regulation at 40 CFR part Indian tribes. EPA initiated consultation AGENCY: National Marine Fisheries
131, and can approve in whole or in in the Fall of 2015, from August through Service (NMFS), National Oceanic and
part.31 For any such WQS that are November, and then continued Atmospheric Administration (NOAA),
consultation in the Summer of 2016, Commerce.
30 80 FR 51019, August 21, 2015. https://

www.gpo.gov/fdsys/pkg/FR-2015-08-21/pdf/2015- ACTION: Proposed rule, reopening of
approve or disapprove the WQS pursuant to CWA
19821.pdf. section 303(c)(3). EPA’s goal is to work closely and public comment period.
31 CWA section 303(c)(2) requires states and collaboratively with states and authorized tribes
authorized tribes to submit new and revised WQS throughout the WQS development and revision SUMMARY:NMFS hereby reopens the
to EPA for review. EPA is required to review and process. comment period on the proposed

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Document Created: 2016-09-29 04:14:35
Document Modified: 2016-09-29 04:14:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule, reopening of public comment period.
Dates		The comment period for the proposed rules that published on June 3, 2016 (81 FR 35701 and 81 FR 36078) are reopened. Comments must be submitted via the Federal eRulemaking Portal or received at the
Contact		Andrew Herndon, NMFS, SERO at 727-824- 5312; Lynn Lankshear, NMFS, GARFO at 978-282-8473; or Lisa Manning, NMFS, Office of Protected Resources at 301-427-8466.
FR Citation		81 FR 66911
RIN Number		0648-BF28 and 0648-BF32

81 FR 66911 - Endangered and Threatened Species; Designation of Critical Habitat for Five Distinct Population Segments of Atlantic Sturgeon; Reopening of Public Comment Period

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration