81_FR_80850 81 FR 80629 - Protective Regulations for Hawaiian Spinner Dolphins Under the Marine Mammal Protection Act; Reopening of Public Comment Period

81 FR 80629 - Protective Regulations for Hawaiian Spinner Dolphins Under the Marine Mammal Protection Act; Reopening of Public Comment Period

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 221 (November 16, 2016)

Page Range80629-80630
FR Document2016-27399

We, the National Marine Fisheries Service (NMFS), are reopening the public comment period on the proposed rule under the Marine Mammal Protection Act (MMPA) to prohibit swimming with and approaching a Hawaiian spinner dolphin within 50 yards (45.7 m) (for persons, vessels, and objects), including approach by interception. The comment period for the proposed rule that published on August 24, 2016 (81 FR 57854) closed on October 23, 2016. NMFS is reopening the public comment period for an additional 15 days to provide the public with additional time to submit information and to comment on this proposed rule.

Federal Register, Volume 81 Issue 221 (Wednesday, November 16, 2016) 
[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Proposed Rules]
[Pages 80629-80630]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27399]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 080302361-6677-01]
RIN 0648-AU02


Protective Regulations for Hawaiian Spinner Dolphins Under the 
Marine Mammal Protection Act; 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: We, the National Marine Fisheries Service (NMFS), are 
reopening the public comment period on the proposed rule under the 
Marine Mammal Protection Act (MMPA) to prohibit swimming with and 
approaching a Hawaiian spinner dolphin within 50 yards (45.7 m) (for 
persons, vessels, and objects), including approach by interception. The 
comment period for the proposed rule that published on August 24, 2016 
(81 FR 57854) closed on October 23, 2016. NMFS is reopening the public 
comment period for an additional 15 days to provide the public with 
additional time to submit information and to comment on this proposed 
rule.

DATES: Written comments on this proposed rule must be received by 
December 1, 2016. Comments received between the close of the first 
comment period on October 23, 2016, and the reopening of the comment 
period November 16, 2016 will be considered timely received.

ADDRESSES: You may submit comments, information, or data on the 
proposed rule, identified by NOAA-2005-0226, and on the Draft 
Environmental Impact Statement (DEIS) by either of the following 
methods:
    Electronic Submission: Submit all electronic comments via the 
Federal eRulemaking Portal. Go to

[[Page 80630]]

www.regulations.gov/#!docketDetail;D=NOAA-2005-0226, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    Mail: Submit written comments to Susan Pultz, Chief, Conservation 
Planning and Rulemaking Branch, Protected Resources Division, National 
Marine Fisheries Service, Pacific Islands Regional Office, 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818, Attn: Hawaiian Spinner Dolphin 
Proposed Rule.
    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 NMFS. 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).
    The DEIS and references can be found online at http://www.fpir.noaa.gov/PRD/prd_spinner_EIS.html. Additionally, copies of the 
DEIS are available in print at the following libraries:

    Hilo Library, 300 Waianuenue Ave., Hilo, HI 96720;
    Kailua-Kona Library, 75-138 Hualalai Rd., Kailua Kona, HI 96740;
    Kealakekua Library, 81-6619 Mamalahoa Hwy., Kealakekua, HI 
96750;
    Pahoa Library, 15-3070 Pahoa-Kalapana Rd., Pahoa, HI 96778;
    Kihei Library, 35 Waimahaihai St., Kihei, HI 96753;
    Lahaina Library, 680 Wharf St., Lahaina, HI 96761;
    Lanai Library, 555 Fraser Ave., Lanai City, HI 96763;
    Hawaii State Library, 478 S. King St., Honolulu, HI 96813;
    Waianae Library, 85-625 Farrington Hwy., Waianae, HI 96792; and
    Lihue Library, 4344 Hardy St., Lihue, HI 96766;

or upon request from the Conservation Planning and Rulemaking Branch 
Chief (see ADDRESSES).


FOR FURTHER INFORMATION CONTACT: Susan Pultz, NMFS, Pacific Islands 
Region, Chief, Conservation Planning and Rulemaking Branch, 808-725-
5150; or Trevor Spradlin, NMFS, Office of Protected Resources, Acting 
Chief, Marine Mammal and Sea Turtle Conservation Division, 301-427-
8402.

SUPPLEMENTARY INFORMATION: 

Background

    On August 24, 2016, we published a proposed rule to prohibit 
swimming with and approaching a Hawaiian spinner dolphin within 50 
yards (45.7 meters) (for persons, vessels, and objects), including 
approach by interception. These proposed regulatory measures are 
intended to prevent take, as defined under the Marine Mammal Protection 
Act (MMPA), of Hawaiian spinner dolphins from occurring in marine areas 
where viewing pressures are most prevalent. The proposed rule allowed 
for a 60-day public comment period, which ended on October 23, 2016.
    NMFS has received several requests to extend the public comment 
period. These requests indicated that additional time was needed to 
consider more fully the proposed rulemaking and DEIS and to provide 
comments on the proposed regulations. Requests also indicated that 
additional time was needed for tour operators to compile and provide 
data with regard to spinner dolphin use of coastal habitats from 
multiple years of logbook records. In response to these requests, we 
are reopening the public comment period until December 1, 2016, to 
receive additional information and comments that may be relevant to any 
aspect of the proposal. Comments and information submitted during the 
prior comment period will be fully considered in the preparation of the 
final rule and need not be resubmitted.

    Authority:  16 U.S.C. 1361 et seq.

    Dated: November 8, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-27399 Filed 11-15-16; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Proposed Rules 80629 I. National Technology Transfer and the list of toxic chemicals subject to Dated: November 2, 2016. Advancement Act (NTTAA) reporting under section 313 of EPCRA, Gina McCarthy, EPA would be providing communities Administrator. This rulemaking does not involve across the United States (including technical standards and is therefore not minority populations and low income Therefore, it is proposed that 40 CFR subject to considerations under section populations) with access to data which chapter I be amended as follows: 12(d) of NTTAA, 15 U.S.C. 272 note. they may use to seek lower exposures J. Executive Order 12898: Federal and consequently reductions in PART 372—[AMENDED] Actions To Address Environmental chemical risks for themselves and their Justice in Minority Populations and children. This information can also be ■ 1. The authority citation for part 372 Low-Income Populations used by government agencies and others continues to read as follows: to identify potential problems, set EPA has determined that this action Authority: 42 U.S.C. 11023 and 11048. priorities, and take appropriate steps to will not have disproportionately high reduce any potential risks to human ■ 2. In § 372.65, paragraph (c) is and adverse human health or health and the environment. Therefore, amended by adding alphabetically an environmental effects on minority or the informational benefits of the action entry for ‘‘Nonylphenol Ethoxylates low-income populations as specified in would have positive human health and Executive Order 12898 (59 FR 7629, (This category includes only those environmental impacts on minority chemicals covered by the CAS numbers February 16, 1994). This action does not populations, low-income populations, address any human health or listed here)’’ to the table to read as and children. environmental risks and does not affect follows: the level of protection provided to List of Subjects in 40 CFR Part 372 § 372.65 Chemicals and chemical human health or the environment. This Environmental protection, categories to which this part applies. action adds an additional chemical to Community right-to-know, Reporting the EPCRA section 313 reporting and recordkeeping requirements, and * * * * * requirements. By adding a chemical to Toxic chemicals. (c) * * * Effective Category name date * * * * * * * Nonylphenol Ethoxylates (This category includes only those chemicals covered by the CAS numbers listed here) 1/1/18 7311–27–5 Ethanol, 2-[2-[2-[2-(4-nonylphenoxy)ethoxy]ethoxy]ethoxy]- 9016–45–9 Poly(oxy-1,2-ethanediyl), a-(nonylphenyl)-w-hydroxy- 20427–84–3 Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]- 26027–38–3 Poly(oxy-1,2-ethanediyl), a-(4-nonylphenyl)-w-hydroxy- 26571–11–9 3,6,9,12,15,18,21,24-Octaoxahexacosan-1-ol, 26-(nonylphenoxy)- 27176–93–8 Ethanol, 2-[2-(nonylphenoxy)ethoxy]- 27177–05–5 3,6,9,12,15,18,21-Heptaoxatricosan-1-ol, 23-(nonylphenoxy)- 27177–08–8 3,6,9,12,15,18,21,24,27-Nonaoxanonacosan-1-ol, 29-(nonylphenoxy)- 27986–36–3 Ethanol, 2-(nonylphenoxy)- 37205–87–1 Poly(oxy-1,2-ethanediyl), a-(isononylphenyl)-w-hydroxy- 51938–25–1 Poly(oxy-1,2-ethanediyl), a-(2-nonylphenyl)-w-hydroxy- 68412–54–4 Poly(oxy-1,2-ethanediyl), a-(nonylphenyl)-w-hydroxy-, branched 127087–87–0 Poly(oxy-1,2-ethanediyl), a-(4-nonylphenyl)-w-hydroxy-, branched * * * * * * * [FR Doc. 2016–27547 Filed 11–15–16; 8:45 am] Atmospheric Administration (NOAA), provide the public with additional time BILLING CODE 6560–50–P Commerce. to submit information and to comment on this proposed rule. ACTION: Proposed rule; reopening of public comment period. DATES: Written comments on this DEPARTMENT OF COMMERCE proposed rule must be received by SUMMARY: We, the National Marine December 1, 2016. Comments received National Oceanic and Atmospheric between the close of the first comment Fisheries Service (NMFS), are reopening Administration period on October 23, 2016, and the the public comment period on the proposed rule under the Marine reopening of the comment period 50 CFR Part 216 November 16, 2016 will be considered Mammal Protection Act (MMPA) to [Docket No. 080302361–6677–01] prohibit swimming with and timely received. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS approaching a Hawaiian spinner ADDRESSES: You may submit comments, RIN 0648–AU02 dolphin within 50 yards (45.7 m) (for information, or data on the proposed persons, vessels, and objects), including rule, identified by NOAA–2005–0226, Protective Regulations for Hawaiian approach by interception. The comment and on the Draft Environmental Impact Spinner Dolphins Under the Marine period for the proposed rule that Statement (DEIS) by either of the Mammal Protection Act; Reopening of published on August 24, 2016 (81 FR following methods: Public Comment Period 57854) closed on October 23, 2016. Electronic Submission: Submit all AGENCY: National Marine Fisheries NMFS is reopening the public comment electronic comments via the Federal Service (NMFS), National Oceanic and period for an additional 15 days to eRulemaking Portal. Go to VerDate Sep<11>2014 16:17 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\16NOP1.SGM 16NOP1

80630 Federal Register / Vol. 81, No. 221 / Wednesday, November 16, 2016 / Proposed Rules www.regulations.gov/ Kailua-Kona Library, 75–138 Hualalai Rd., as defined under the Marine Mammal #!docketDetail;D=NOAA-2005-0226, Kailua Kona, HI 96740; Protection Act (MMPA), of Hawaiian click the ‘‘Comment Now!’’ icon, Kealakekua Library, 81–6619 Mamalahoa spinner dolphins from occurring in Hwy., Kealakekua, HI 96750; complete the required fields, and enter Pahoa Library, 15–3070 Pahoa-Kalapana marine areas where viewing pressures or attach your comments. Rd., Pahoa, HI 96778; are most prevalent. The proposed rule Mail: Submit written comments to Kihei Library, 35 Waimahaihai St., Kihei, allowed for a 60-day public comment Susan Pultz, Chief, Conservation HI 96753; period, which ended on October 23, Planning and Rulemaking Branch, Lahaina Library, 680 Wharf St., Lahaina, HI 2016. Protected Resources Division, National 96761; NMFS has received several requests to Marine Fisheries Service, Pacific Islands Lanai Library, 555 Fraser Ave., Lanai City, HI 96763; extend the public comment period. Regional Office, 1845 Wasp Blvd., Bldg. These requests indicated that additional Hawaii State Library, 478 S. King St., 176, Honolulu, HI 96818, Attn: Honolulu, HI 96813; time was needed to consider more fully Hawaiian Spinner Dolphin Proposed Waianae Library, 85–625 Farrington Hwy., the proposed rulemaking and DEIS and Rule. Waianae, HI 96792; and to provide comments on the proposed Instructions: Comments sent by any Lihue Library, 4344 Hardy St., Lihue, HI regulations. Requests also indicated that other method, to any other address or 96766; additional time was needed for tour individual, or received after the end of or upon request from the Conservation operators to compile and provide data the comment period, may not be Planning and Rulemaking Branch Chief (see with regard to spinner dolphin use of considered by NMFS. All comments ADDRESSES). coastal habitats from multiple years of received are a part of the public record FOR FURTHER INFORMATION CONTACT: logbook records. In response to these and will generally be posted for public Susan Pultz, NMFS, Pacific Islands requests, we are reopening the public viewing on www.regulations.gov Region, Chief, Conservation Planning comment period until December 1, without change. All personal identifying and Rulemaking Branch, 808–725–5150; 2016, to receive additional information information (e.g., name, address, etc.), or Trevor Spradlin, NMFS, Office of and comments that may be relevant to confidential business information, or Protected Resources, Acting Chief, any aspect of the proposal. Comments otherwise sensitive information Marine Mammal and Sea Turtle and information submitted during the submitted voluntarily by the sender will Conservation Division, 301–427–8402. prior comment period will be fully be publicly accessible. We will accept SUPPLEMENTARY INFORMATION: considered in the preparation of the anonymous comments (enter ‘‘N/A’’ in final rule and need not be resubmitted. the required fields if you wish to remain Background anonymous). Authority: 16 U.S.C. 1361 et seq. On August 24, 2016, we published a The DEIS and references can be found proposed rule to prohibit swimming Dated: November 8, 2016. online at http://www.fpir.noaa.gov/PRD/ with and approaching a Hawaiian Samuel D. Rauch III, prd_spinner_EIS.html. Additionally, spinner dolphin within 50 yards (45.7 Deputy Assistant Administrator for copies of the DEIS are available in print meters) (for persons, vessels, and Regulatory Programs, National Marine at the following libraries: objects), including approach by Fisheries Service. Hilo Library, 300 Waianuenue Ave., Hilo, interception. These proposed regulatory [FR Doc. 2016–27399 Filed 11–15–16; 8:45 am] HI 96720; measures are intended to prevent take, BILLING CODE 3510–22–P asabaliauskas on DSK3SPTVN1PROD with PROPOSALS VerDate Sep<11>2014 16:17 Nov 15, 2016 Jkt 241001 PO 00000 Frm 00019 Fmt 4702 Sfmt 9990 E:\FR\FM\16NOP1.SGM 16NOP1


Document Created: 2016-11-16 00:57:34
Document Modified: 2016-11-16 00:57:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; reopening of public comment period.
DatesWritten comments on this proposed rule must be received by December 1, 2016. Comments received between the close of the first comment period on October 23, 2016, and the reopening of the comment period November 16, 2016 will be considered timely received.
ContactSusan Pultz, NMFS, Pacific Islands Region, Chief, Conservation Planning and Rulemaking Branch, 808-725- 5150; or Trevor Spradlin, NMFS, Office of Protected Resources, Acting Chief, Marine Mammal and Sea Turtle Conservation Division, 301-427- 8402.
FR Citation81 FR 80629 
RIN Number0648-AU02
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