81 FR 81066 - Revised National Environmental Policy Act Implementing Procedures
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 222 (November 17, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 222 (November 17, 2016)
| Page Range | 81066-81074 | |
| FR Document | 2016-27567 |
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)] [Notices] [Pages 81066-81074] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27567] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF031 Revised National Environmental Policy Act Implementing Procedures AGENCY: National Oceanic and Atmospheric Administration, Department of Commerce. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) publishes this notice to request comments on its draft Companion Manual to NOAA Administrative Order NAO 216-6A (``Companion Manual'') containing policy and procedures for implementing the National Environmental Policy Act (NEPA) and related authorities. Included in the Companion Manual are NOAA's proposed revised categorical exclusions (CE) and related extraordinary circumstances. Pursuant to Council on Environmental Quality (CEQ) regulations, NOAA is soliciting comments on its proposed procedures from members of the interested public. Additionally, in this notice, NOAA is providing a synopsis of the proposed changes to NOAA's CEs to assist the public in reviewing those changes. DATES: Comments on the revised NEPA procedures must be received by December 19, 2016. ADDRESSES: Comments on NOAA's proposed NEPA procedures may be submitted through one of these methods: (1) Electronic Submission of Comments: Submit electronic comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-HQ-2016-0145, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments; (2) Mail: Send to NOAA NEPA Coordinator, Attention Katherine Renshaw, 1315 East-West Highway, Room 15132, Silver Spring, MD 20910. Instructions: NOAA may not consider comments if they are sent by any other method, to any other address or individual, or received after the comment period ends. All comments received are a part of the public record and NOAA will generally post 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 is publicly accessible. NOAA will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). NOAA will make this notice and the draft Companion Manual available online for public inspection at http://www.nepa.noaa.gov. FOR FURTHER INFORMATION CONTACT: Please send questions by email to [email protected]; or contact Rachel Lipsy at 301-427-8247. SUPPLEMENTARY INFORMATION: Background NEPA (42 U.S.C. 4321 et seq.) declares a national policy to promote efforts that will prevent or eliminate damage to the environment, stimulate the health and welfare of man, and enrich the understanding of the ecological systems and natural resources important to the United States. NEPA also established the CEQ to, among other things, analyze and interpret environmental trends and information, to review and appraise programs and activities of the Federal government in light of NEPA's purpose, and to develop policies to promote the improvement of environmental quality. As part of these responsibilities, the CEQ promulgated regulations to implement NEPA (see 40 CFR part 1500 et seq.). Those regulations direct Federal agencies to adopt procedures for implementing NEPA and to review and revise those policies and procedures as necessary to ensure full compliance with the purposes and provisions of NEPA. NEPA and the CEQ implementing regulations provide for environmental review of a proposed government action in the form of an Environmental Assessment (EA), Environmental Impact Statement (EIS), or Categorical Exclusion (CE). A CE is ``a category of actions which do not individually or cumulatively have a significant effect on the human environment,'' and, based on the agency's past experience, does not require further NEPA review in the form of either an EA or EIS. See 40 CFR 1508.4, CEQ, ``Final Guidance for Federal Departments and Agencies on Establishing, Applying, and Revising Categorical Exclusions Under the National Environmental Policy Act'' (75 FR 75628; December 6, 2010). A CE does not exempt an action from NEPA review; rather, it is one form of environmental review under NEPA. See 75 FR 75631. A CE may be applied to a proposed action after the decision maker has carefully reviewed the description of the action and determined that it fits within the category of actions encompassed by the CE. See 40 CFR 1508.4. In making this determination, the decision maker must also consider whether extraordinary circumstances apply, which would lead to a normally categorically excluded action to have the potential for significant impacts. Thus, a CE does not eliminate environmental review of a proposed action but reduces paperwork and delay and allows an agency to efficiently focus its resources on proposed actions with the potential for significant environmental effects. On April 22, 2016, NOAA issued NOAA Administrative Order 216-6A (NAO 216-6A), which updated NOAA's policy for compliance with NEPA, the CEQ NEPA regulations, and other related authorities, including Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions; EO 11988, Floodplain Management; and EO 11990, Protection of Wetlands. The NAO authorized the development of a Companion Manual entitled Policy and Procedures for Compliance with the National Environmental Policy Act and Related Authorities (``Companion Manual''). The draft Companion Manual includes NOAA's proposed revised CEs as an appendix. NAO 216-6A superseded NOAA Administrative Order NAO 216-6 dated May 20, 1999 (1999 NAO), with the exception of those provisions implementing CEQ regulation 40 CFR 1507.3(b), including the NOAA's CEs and related provision for extraordinary circumstances. Those provisions temporarily remain in effect until superseded by revised CEs and the authorized Companion Manual. Additionally, the National Marine Fisheries Service's February 23, 2016 supplement to NAO 216-6, entitled ``Revised and Updated NEPA Procedures for Magnuson-Stevens Fishery Management Actions,'' remains in effect. The supplement sets forth the policies and procedures for NEPA compliance for such actions. For convenience, the supplement is reproduced as Appendix C to the Companion Manual. Decision makers for such actions may also consider and apply the guidance in the Companion Manual to the extent it is consistent with the policies and procedures in the supplement. Process NOAA last updated its NEPA Procedures in 1999. In order to ensure that its procedures, including CEs and [[Page 81067]] extraordinary circumstances, remain appropriate to ensure full compliance with the purposes and provisions of NEPA, NOAA began an extensive review process. As part of its process for revising the agency's NEPA procedures, NOAA convened a Working Group composed of representatives across NOAA's Staff and Line Offices. The Working Group members conducted significant scoping within their respective offices to assess the need for revised NEPA procedures, the need for revised CEs, and to gather information relevant to proposed new CEs, including information necessary to support the proposed changes. Throughout the revision process, NOAA also conducted outreach with other agencies with similar missions, and consulted extensively with CEQ. See 40 CFR 1507.3. Upon review of NOAA's overall NEPA procedures, the agency determined that its existing procedures would benefit from clarifying revisions and that NOAA's CEs would benefit from revisions to clarify the scope and applicability and that several new CEs were appropriate to improve NEPA review by categorically excluding actions that, based on NOAA's experience, have no potential to significantly impact the human environment. In some instances, NOAA determined that providing additional language to describe the categories of actions covered by an existing CE was necessary to clarify the intended scope of that CE. In other cases, NOAA determined that the scope of a CE was unclear because it covered too many disparate activities with few meaningful limitations. The Working Group determined that breaking out components of these CEs into discrete CEs that accurately described the category of actions to be excluded from further NEPA review and including appropriately limiting language clarified the proper scope and application of the CE for the decision maker. Additionally, NOAA identified CEs that either lacked adequate substantiation or were no longer necessary because of mission changes. Accordingly, NOAA proposes to eliminate these types of CEs. NOAA proposes to substantiate its new and revised CEs by benchmarking other agencies' CEs, relying on previously implemented actions, and/or relying on the expert opinions of NOAA's professional staff, all of which are methods recommended by CEQ to substantiate proposed new or revised CEs. See 75 FR 75633-34. Benchmarking means that NOAA is substantiating a CE based on other agencies' experience with a comparable CE and the administrative record developed by other agencies when they established their own CEs. To ensure the CEs that NOAA proposes to benchmark properly support NOAA's proposed CEs, NOAA analyzed the actions encompassed by other agencies' CEs by considering the characteristics of the actions, methods of implementing the actions, frequency of the actions, applicable standard operating procedures or implementing guidance, and timing and context to determine that the actions analyzed by these agencies are sufficiently similar to those covered by the proposed CE to offer support for NOAA's conclusion that these actions will not result in individually or cumulatively significant impacts on the human environment under normal circumstances. Additionally, and where appropriate, NOAA relied on its professional staff to analyze the activities encompassed by the proposed CEs and explain the expert's conclusion that those activities have no potential for significant effects on the environment. Finally, NOAA relied on its own experience with previously implemented actions (e.g., EAs that resulted in Findings of No Significant Impacts) to determine that the analyses of those actions and the resulting absence of environmental effects of those actions support the proposed CE. Synopsis of Proposed Changes to CEs Applicable Terms Certain terms appear frequently in the language of NOAA's proposed CEs to limit their scope and ensure they are applied properly and limited to those activities that NOAA has determined have no potential for significant impacts. The following list presents and describes these terms: (1) ``Previously disturbed ground'' refers to land that has been changed such that its functioning ecological processes have been and remain substantially altered by human activity. The term encompasses areas that have been transformed from natural cover to non-native species or a developed state, including but not limited to, utility and electrical power transmission corridors and rights-of-way, paved and unpaved roads, and construction footprints. (2) ``Minor'' and ``small-scale'' are terms NOAA considers in the context of the particular proposal, including its proposed location. In assessing whether a proposed action is small, in addition to the actual magnitude of the proposal, NOAA considers factors such as industry norms and the relationship of the proposed action to similar types of development or activity in the vicinity of the proposed action. When considering the size of a proposed facility, for example, NOAA would review the surround land uses, the scale of the proposed action relative to existing development, and the capacity of existing roads and other infrastructure to support the proposed action. When these limiting terms are used within a specific CE, the administrative record for that CE provides further explanation of their meaning in the context of the activity addressed by that CE. (3) ``Negligible'' refers to a level of impact that is below significant to the point of being hardly detectable. Factors for consideration include: Procedures that employ generally accepted industry standards or best management practices that have been tested and verified at the time an activity is proposed; whether an activity has understood or well-documented impacts at the time an activity is proposed; whether control and quality measures are in place (e.g., monitoring and verification; emergency plans and preparedness); the direct, indirect, and cumulative effects of the proposed activity on a resource; and the context and intensity of expected discharges or deposits and disturbances to resources, like the submerged lands of any sanctuary, corals, and other living, cultural, and historical resources. Categorical Exclusions NOAA's proposed revised CEs are organized into eight series, based on the types of activities encompassed by each group. Series A encompasses CEs that pertain to Trust Resource Management Actions. B pertains to Trust Resource Authorization and Permitting Actions. C pertains to Habitat Restoration Actions. D pertains to Additional External Funding. E pertains to Research Actions. F pertains to Real and Personal Property Improvement, Maintenance, and Construction Actions. G pertains to Operational Actions. Finally, H pertains to Acquisition and Leasing Actions. The following list presents NOAA's proposed CEs, followed by a description of the CE's relationship to the existing CEs from the 1999 NAO and an explanation of how and why a CE was revised or developed. Trust Resource Management Actions [A1]. ``An action that is a technical correction or a change to a fishery management action or regulation, which does not result in a substantial change in any of the following: Fishing location, timing, effort, authorized gear types, access to fishery resources or harvest levels.'' [[Page 81068]] NOAA proposes to consolidate components of several CEs from the 1999 NOA: 6.03a.3(b)(1), 6.03a.3(b)(2), 6.03d.4(a), and 6.03d.4(b). NOAA realized in implementing NEPA since 1999 that there were several very similar CEs that frequently served the same purpose. NOAA also determined that it would be most helpful for practitioners to address different types of management plans in separate CEs so that limitations to ensure that the category of actions would not result in significant impacts were appropriate to the types of management plan in place. Accordingly, consolidating these classes of actions into a single CE for fishery management actions and regulations clarified the CE's scope and applicability for decision makers. The proposed revision limits the scope of the CE so that any corrections or changes to which the CE is to be applied may not result in a substantial change in fishing location, timing, effort, authorized gear types, access to fishery resources or harvest levels. The proposed changes and revisions do not result in a substantial change in scope or applicability from the listed CEs in the 1999 NAO. [A2]. ``Preparation of a recovery plan pursuant to section 4(f)(1) of the ESA. Such plans are advisory documents that provide consultative and technical assistance in recovery planning and do not implement site-specific or species-specific management actions. However, implementation of specific tasks identified in a recovery plan may require an EA or EIS depending on the nature of the action.'' NOAA proposes to revise CE 6.03e.3(a) by adding ``and do not direct site-specific or species-specific management actions'' to the definition of consultative. NOAA's use of the language ``. . . advisory documents that provide consultative and technical assistance in recovery planning and do not direct site-specific or species-specific management actions. However, implementation of specific tasks identified in a recovery plan may require additional NEPA analysis depending on the nature of the action'' further clarifies the proper use of the CE and ensures that it is not employed to cover specific management actions. The proposed changes and revisions clarify the scope and applicability of the CE and do not result in any change in scope or applicability from the CE in the 1999 NAO. [A3.] ``Temporary fishery closures or extensions of closures under section 305(c)(3)(C) of the Magnuson-Stevens Fishery Conservation and Management Act to ensure public health and safety.'' NOAA proposes a new CE to cover temporary fishery closures or extensions of closures under section 305(c)(3)(C) of the Magnuson- Stevens Fishery Conservation and Management Act to ensure public health and safety following a public health emergency or an oil spill. [A4.] ``Minor updates to existing national marine sanctuary management plans. This CE does not apply to sanctuary designations, expansions, changes in terms of designation, or new sanctuary management plans.'' NOAA proposes to consolidate components of two CEs from the 1999 NOA: 6.03a.3(b)(1) and 6.03a.3(b)(2). NOAA realized in implementing NEPA since 1999 that there were several very similar CEs that frequently served the same purpose. NOAA also determined that discrete CEs with appropriately limiting language specific to different types of management plans would be most helpful to decision makers. Accordingly, consolidating these classes of actions into a single CE for minor updates to existing national marine sanctuary management plans clarified the CE's scope and applicability for decision makers. NOAA proposes to explicitly limit the use of this CE by not allowing the category to be applied to actions that are amendments or changes to a management plan that affect sanctuary boundaries or to new sanctuary management plans. The National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) mandates that the Secretary of Commerce (as delegated to NOAA) prepare an environmental impact statement for sanctuary designations and boundary changes. The proposed changes and revisions do not result in a substantial change in scope or applicability from the listed CEs in the 1999 NAO. [A5.] ``Updates to existing National Estuarine Research Reserve (NERR) management plans, provided that the update does not change NERR boundaries or add or significantly change allowable uses, uses requiring a permit, or restrictions on uses. This CE does not apply to new NERR management plans, or to the execution of any specific action subsequently funded to support the updated NERR management plan.'' NOAA proposes to consolidate components of two CEs from the 1999 NOA: 6.03a.3(b)(1) and 6.03a.3(b)(2). NOAA realized in implementing NEPA since 1999 that there were several very similar CEs that frequently served the same purpose. NOAA also determined that discrete CEs with appropriately limiting language specific to different types of management plans would be most helpful to decision makers. Accordingly, consolidating these classes of actions into a single CE for updates to existing NERR management plans clarified the CE's scope and applicability for decision makers. The CE is limited so that it may not be applied to actions where the update changes reserve boundaries and the change adds or significantly changes allowable uses requiring a permit, or restrictions on uses. Additionally the CE is limited in that it does not apply to new NERR management plans, or to the execution of any specific action subsequently funded to support the updated NERR management plan. The proposed changes and revisions do not result in a substantial change in scope or applicability from the listed CEs in the 1999 NAO. [A6.] ``Review and approval of changes to state coastal management programs under the Coastal Zone Management Act (CZMA) Sec. 306(e) (16 U.S.C. 1455(e)) and NOAA's regulations at 15 CFR part 923.'' NOAA proposes to consolidate components of two CEs: 6.03a.3(b)(1) and 6.03a.3(b)(2). NOAA realized in implementing NEPA since 1999 that there were several very similar CEs that frequently served the same purpose. NOAA also determined that discrete CEs with appropriately limiting language specific to different types of management plans would be most helpful to decision makers. Accordingly, consolidating these classes of actions into a single CE for review and approval of changes to state coastal management programs under the CZMA 16 U.S.C. 1455(e) and NOAA's regulations at 15 CFR part 923 clarified the CE's scope and applicability for decision makers. The Working Group determined that these statutory and regulatory limitations appropriately limited the scope of the CE so that activities encompassed by the CE have no potential for significant effects on the environment under normal circumstances. Trust Resource Authorization and Permitting Actions [B1.] ``Issuance of permits or permit modifications under section 10(a)(1)(A) of the ESA for take, import, or export of endangered species for scientific purposes or to enhance the propagation or survival of the affected species, or in accordance with the requirements of an ESA section 4(d) regulation for threatened species.'' NOAA proposes to make minor revisions to CE 6.03e.3(b) by adding section 4(d) of the ESA to the text of the CE. The intent and purpose of Sections [[Page 81069]] 10(a)(1)(a) and 4(d) of the ESA to issue permits for scientific or enhancement purposes. The proposed changes and revisions do not result in any change in scope or applicability from the CE in the 1999 NAO. [B2.] ``Issuance of permits or permit amendments under section 104 of the MMPA for take or import of marine mammals for scientific research, enhancement, commercial or educational photography or public display purposes; and issuance of Letters of Confirmation under the General Authorization for scientific research involving only Level B harassment.'' NOAA proposes to revise CE 6.03f.2(a) by removing section 101(a)(1) of the MMPA from the text of the CE. The reference to section 101(a)(1) was incorrect in the 1999 version and the revision corrects this error. The proposed revision does not result in any change in the scope or applicability of the CE. [B3.] ``Issuance of, and amendments to, ``low effect'' Incidental Take Permits and their supporting ``low effect'' Habitat Conservation Plans under section 10(a)(1)(B) of the ESA.'' NOAA proposes minor text edits to revise CE 6.03e.3(d) for clarification and readability. The proposed revision does not result in a substantial change on the scope or applicability of the CE. [B4.] ``Issuance of incidental harassment authorizations under section 101(a)(5)(A) and (D) of the MMPA for the incidental, but not intentional, take by harassment of marine mammals during specified activities and for which no serious injury or mortality is anticipated.'' NOAA proposes to maintain CE 6.03f.2(b) and revise the language to clarify the proper scope and application of the CE. The 1999 NAO included an error that referred to only section 101(a)(5)(A) of the Marine Mammal Protection Act--this error has been corrected in this revision, which now properly refers to both sections 101(a)(5)(A) and 101(a)(5)(D). Additionally, the 1999 version of the CE required authorizations to be ``tiered from a programmatic environmental review'' and this requirement has been removed. NOAA currently reviews small take incidental harassment authorizations under NEPA without the need for a ``tiering'' process. Accordingly, the proposed revision does not result in a substantial change in scope or applicability from the CEs in the 1999 NAO. NOAA proposes four new CEs--B5, B6, B7, and B8--to cover the issuance of, or amendments to general permits, special use permits, authorizations, and certifications for activities conducted within National Marine Sanctuaries. Previously, NOAA had applied CEs 6.03c.3(a), 6.03c.3(c), 6.03c.3(d), and 6.03c.(3)(i) to address these actions. The Working Group determined that proposing new CEs that specifically encompass the actions described in B5, B6, B7, B8, B9, and B10 clarified the scope and applicability of the CEs for decision makers. Each CE is limited by conditions to ensure that activities encompassed by the CEs have no potential for significant effects on the environment under normal circumstances. [B5.] ``Issuance of, or amendments to, general permits for activities that are included in established permit categories at 15 CFR part 922 and that meet the regulatory review criteria at 15 CFR part 922, that limit any potential impacts so that the proposed activity will be conducted in a manner compatible with the National Marine Sanctuaries Act's primary objective of resource protection.'' [B6.] ``Issuance of, or amendments to, special use permits for activities in a national marine sanctuary that are necessary to either establish conditions of access to and use of any sanctuary resource or promote public use and understanding of a sanctuary resource and must be conducted in a manner that does not destroy, cause the loss of, or injure sanctuary resources in accordance with the National Marine Sanctuaries Act.'' [B7.] ``Issuance of or amendments to, authorizations for activities allowed by a valid federal, regional, state, local or tribal government approval (e.g., leases, permits and licenses) issued after the effective date of sanctuary designation or expansion, so long as such authorizations are based upon a consideration of the regulatory review criteria at 15 CFR part 922, and will only result in negligible effects to sanctuary resources.'' [B8.] ``Issuance of, or amendments to certifications for pre- existing activities authorized by a valid federal, regional, state, local, or tribal government approval (e.g., leases, permits and licenses) or rights of subsistence use or access in existence on the date of the designation or expansion of any national marine sanctuary where the Office of National Marine Sanctuaries issues terms and conditions that are either ministerial or prescribe avoidance, minimization, or mitigation measures designed to ensure negligible effects to sanctuary resources.'' [B9.] ``Issuance of, or amendments to Papah[amacr]naumoku[amacr]kea Marine National Monument (as established by Presidential Proclamation 8031) permits for activities that are included in established permit categories (50 CFR part 404) and that meet the regulatory review criteria at (50 CFR 404.11), that limit any potential impacts so that the proposed activity will be conducted in a manner compatible with the monument's primary objective of resource protection.'' NOAA proposes a new CE to cover the issuance of, or amendments to Papah[amacr]naumoku[amacr]kea Marine National Monument permits for activities that are included in established permit categories under 50 CFR part 404 and that meet the regulatory review criteria under 50 CFR 404.11. [B10.] ``Issuance of, or amendments to, Papah[amacr]naumoku[amacr]kea Marine National Monument special ocean use permits for activities or use of the monument that are engaged in to generate revenue or profits for one or more of the persons associated with the activity or use, and do not destroy, cause the loss of, or injure monument resources.'' NOAA proposes a new CE to cover the issuance of, or amendments to Papah[amacr]naumoku[amacr]kea Marine National Monument special ocean use permits for activities or use of the monument that are engaged in to generate revenue or profits for one or more of the persons associated with the activity or use, and do not destroy, cause the loss of, or injure monument resources. [B11.] ``Issuance of Exempted Fishing Permits (EFPs) under the authority of the Magnuson-Stevens Act and Scientific Research Permits (SRPs) and other permits for research that may impact species regulated under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Atlantic Tunas Convention Act (ATCA). This includes permitted research of limited size, magnitude or duration with negligible individual or cumulative impacts, which requires temporary relief of fishery management regulations.'' NOAA proposes a new CE to cover the issuance of, or amendments to permits or authorizations for activities that are conducted within Marine National Monuments other than Papah[amacr]naumoku[amacr]kea that are limited in scope so that the potential impacts of the proposed activities will be conducted in a manner compatible with a monument's primary objective of resource protection, and do not destroy, cause the loss of, or injure monument resources. [B12.] ``Issuance of Exempted Fishing Permits (EFPs) under the authority of [[Page 81070]] the Magnuson-Stevens Act and Scientific Research Permits (SRPs) and other permits for research that may impact species regulated under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Atlantic Tunas Convention Act (ATCA). This includes permitted research of limited size, magnitude or duration with negligible individual or cumulative impacts, which requires temporary relief of fishery management regulations. `` NOAA proposes a new CE to cover the issuance of Exempted Fishing Permits (EFPs) under the authority of the Magnuson-Stevens Act and Scientific Research Permits (SRPs) and other permits for research that may impact species regulated under the authority of the Magnuson- Stevens Fishery Conservation and Management Act (MSA) and the Atlantic Tunas Convention Act (ATCA). These revisions are intended to encompass activities regarding the issuance of EFPs and SRPs for research activities within the scope of the CE and conducted for the benefit of fisheries and the environment. Habitat Restoration Actions [C1.] ``Habitat restoration actions, provided that such action: (1) Transplants only organisms currently or formerly present at the site or in its immediate vicinity (if transplant is a component of the action); (2) does not require substantial placement of fill or dredging; (3) does not involve any removal of debris, excavation, or conditioning of soils unless such removal of debris, excavation, or conditioning of soils is geographically limited to the impact area such that site conditions will not impede or negatively alter natural processes, is in compliance with all permit and disposal requirements,), and will not impact critical aquifers or recharge areas; and (4) does not involve an added risk of human or environmental exposure to toxic or hazardous substances, pathogens, or radioactive materials. Notes: If applicable, limitations and mitigation measures identified in the NOAA Restoration Center Programmatic Environmental Impact Statement for Habitat Restoration Actions must be followed. This CE includes, but is not limited to, response or restoration actions under CERLCA, OPA, or NMSA, if such actions are intended to restore an ecosystem, habitat, biotic community, or population of living resources to a determinable pre-impact condition prior to the incident leading to the response or restoration.'' NOAA proposes to revise the version of CE 6.03b.2 by removing the condition that actions encompassed by this CE ``are intended to restore an ecosystem, habitat, biotic community, or population of living resources to a determinable pre-impact condition.'' NOAA determined that removing the requirement ``(1) are intended to restore an ecosystem, habitat, biotic community, or population of living resources to a determinable pre-impact condition'' clarified the applicability of this CE. Previously, the condition limited the CE's application to circumstances where NOAA was able to determine the pre-impact condition of the resource to be restored and this created confusion as to the scope and applicability of the CE. NOAA also added criteria that limit the scope of the CE. These four limitations were developed and reviewed by the Working Group and included to ensure that this category of actions is properly limited in context and intensity such that there is no potential for individual or cumulative significant effects on the human environment under normal circumstances. Finally, NOAA added the requirement that, if applicable, limitations and mitigation measures identified in the NOAA Restoration Center Programmatic Environmental Impact Statement for Habitat Restoration Actions (June 2015) (RC PEIS) must be followed. Additional External Funding [D1.] ``Financial activities for the following financial services: (1) Loans for purchase, refinancing, or reconstruction of fishing vessels and purchase or refinancing of individual fishing quota through the Fisheries Finance Program; (2) Deferred tax program provided to fishermen to construct, reconstruct, or acquire fishing vessels through the Capital Construction Fund Program; and (3) Compensation to fishermen for economic and property losses caused by oil and gas obstructions on the U.S. Outer Continental Shelf under the Fishermen's Contingency Fund.'' NOAA proposes to break out a portion of CE 6.03c.3(b) to explicitly cover only the limited financial activities for specific financial services under the Fisheries Finance Program, the Capital Construction Fund Program, and the Fisherman's Contingency Fund. The Working Group determined that for the vast majority of financial assistance and financial services actions, decision makers should look at whether the underlying activity to be funded falls within one of the established CEs. The activities addressed in proposed D1, however, while appropriate for a CE, were not separately addressed in any of the other NOAA CEs and thus are proposed here as a separate financial activities category. The proposed revision clarifies the scope and applicability of the CE. [D2.] ``Provision of a grant, a contract or other financial assistance to a State, Fishery Management Council or Marine Fisheries Commission under 16 U.S.C. 1881a(d).'' NOAA proposes to break out a portion of CE 6.03c.3(d) to explicitly cover the provision of a grant, contract, or other financial assistance to a State, Fishery Management Council or Marine Fisheries Commission under 16 U.S.C. 1881a(d). Similar to the activities addressed in D1, the Working Group determined that the specific provision of funding pursuant to 16 U.S.C. 1881(a)(d) was appropriately addressed in a CE and not otherwise covered by other NOAA proposed CEs. The proposed revision clarifies the scope and applicability of the CE. Research Actions NOAA proposes to break out a portion of CEs 6.03c.3(a) and 6.03c.3(d) to explicitly cover a variety of research activities with no potential for individual or cumulative significant effects under normal circumstances. The Working Group determined that it would be more appropriate to address research programs and projects with more specificity than the existing 1999 CE, which broadly covers all ``research programs or projects of limited size and duration or with only short-term, minor effects on the human environment.'' Instead, after an internal scoping process evaluating the types of research activities that were routinely and appropriately relying on the existing CE, the Working Group developed the following categories of activities in proposed CEs E1-E8. For each of the proposed research CEs, the Working Group proposed limitations appropriate to the category of activities to ensure that the activities covered by each CE have no potential for significant effects on the environment under normal circumstances. [E1.] ``Activities conducted in laboratories and facilities where research practices and safeguards prevent environmental impacts.'' [E2.] ``Social science projects and programs, including economic, political science, human geography, demography, and sociology studies, including information collection activities in support of studies.'' [E3.] ``Activities to collect aquatic, terrestrial, and atmospheric data in a non-destructive manner.'' [[Page 81071]] [E4.] ``Activities that survey or observe living resources in the field with little to no potential to adversely affect the environment or interfere with organisms or habitat.'' [E5.] ``Activities involving invasive techniques or methods that are conducted for scientific purposes, when such activities are conducted in accordance with all applicable provisions of the Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, and Magnuson-Stevens Fishery Conservation and Management Act. Such activities will be limited to impacting living resources on a small scale relative to the size of the populations, and limited to methodologies and locations to ensure that there are no long-term adverse impacts to benthic habitats, essential fish habitat, critical habitat, or listed species.'' [E6.] ``Research that involves the development and testing of new and modified fishing gear and technology in order to reduce adverse effects from fishing gear on non-target species.'' [E7.] ``Collection of data and biological samples on fishing vessels or dockside as part of previously authorized commercial and/or recreational fishing activities.'' [E8.] ``Biological, chemical, or toxicological research conducted in closed system mesocosm/aquaculture facilities that are conducted according to recommended protocols that provide containment and disposal of chemicals, toxins, non-native species, etc., in compliance with established Federal and state regulatory guidelines, and best management practices.'' Real and Personal Property Improvement, Maintenance, and Construction Actions [F1.] ``Siting, construction (or modification), and operation of support buildings and support structures (including, but not limited to, trailers and prefabricated buildings) within or contiguous to an already developed area (where active utilities and currently used roads are readily accessible).'' NOAA proposes a new CE to cover activities to place and operate trailers, modular buildings, storage buildings, or shipping units within or contiguous to an already developed area. [F2.] ``In-kind replacement of personal property and fixtures and other components of real property when such activities do not result in a substantial change in the existing construction footprint. In-kind replacement includes installation of new components to replace outmoded components if the replacement does not result in a substantial change to the design capacity, or function of the facility.'' NOAA proposes to make minor revisions to CE 6.03c.3(e) by breaking out a component of this CE into a separate CE. NOAA's use of the language ``In-kind replacement includes installation of new components to replace outmoded components if the replacement does not result in a substantial change to the design capacity, or function of the facility'' further clarifies the CE. The proposed changes and revisions do not result in any change in scope or applicability from the CEs in the 1999 NAO. [F3.] ``(a) Routine repair, maintenance, and improvement of real and personal property, where such activities are required to maintain and preserve buildings, structures, infrastructures, vehicles, and equipment in a condition suitable to be used for its designed purpose. (b) New construction, expansion and/or improvement of facilities where all of the following conditions are met: (1) The site is in a developed area and/or a previously disturbed site; (2) The structure and proposed use are compatible with applicable Federal, Tribal, State, and local planning and zoning standards and consistent with Federally approved State coastal management programs and the National Historic Preservation Act; (3) The proposed use will not substantially increase the number of motor vehicles, marine vessels, or aircraft at the facility or in the area; (4) The site and scale of construction or improvement are consistent with those of existing, adjacent, or nearby buildings; (5) The construction or improvement will not result in uses that exceed existing infrastructure capacities (e.g., electrical, roads, sewer, water, parking); (6) The construction or improvement will not result in operational uses that adversely affect the surrounding community (e.g., noise); and (7) The community-valued view sheds are not adversely affected. (c) Installation, repair, maintenance, and enhancement of public access facilities and infrastructure, if the activity: (1) Is small-scale and nondestructive; (2) Is consistent with applicable right-of-way conditions and approved land use plans; and This CE does not apply where the project must be submitted to the National Capital Planning Commission (NCPC) for review and NCPC determines that it does not have an applicable Categorical Exclusion.'' NOAA proposes to break out and merge several portions of the following CEs: 6.03c.3(c) ``minor improvements to an existing site (e.g., fences, roads, picnic facilities, etc.)''; 6.03c.3(e) ``routine facility maintenance and repair''; 6.03c.3(f); 6.03c.3(g); and, 6.03c.3(i) ``routine maintenance.'' The proposed changes and revisions clarify the scope and applicability of the CE. [F4]. ``Routine groundskeeping and landscaping activities where ground disturbance is limited to previously disturbed areas (e.g., previously filled paved, or cleared areas).'' NOAA proposes to make minor revisions to CE 6.03c.3(e) by breaking out a portion of this CE into a separate CE. These types of actions are already covered in the portion of CE 6.03c.3(e) in ``grounds-keeping activities.'' The CE is limited to activities where ground disturbance is limited to previously disturbed areas. The proposed revisions do not result in a substantial change in scope or applicability from the CE in the 1999 NAO. [F5.] ``Installation, operation, maintenance, improvements, repair, upgrade, removal, and/or replacement of instruments or instrument systems in or on: 1. An existing structure or object (e.g., tower, antenna, building, pier, buoy, terrestrial vehicle, or bridge) or 2. On previously disturbed (e.g., filled, paved, or cleared) ground, or 3. On undisturbed ground, if the equipment installation, operation, and removal will require no or minimal ground disturbance.'' Microwave/radio communications towers and antennas must be limited to 200 feet in height without guy wires. NOAA proposes a new CE to cover activities of installing, operating, repairing, maintaining, upgrading, removing and/or replacing instruments or instrument systems in or on an existing structure or object, or on previously disturbed ground or on undisturbed ground that involve either no or minimal ground disturbance. [F6.] ``The determination that real property is excess to the needs of the Agency, when the real property is excessed in conformity with General Services Administration procedures or is legislatively authorized to be excessed.'' NOAA proposes a new CE to cover declarations of real property as excess in conformance with General Services Administration procedures or as legislatively authorized. [F7.] ``The disposal, demolition or removal of real property and related improvements, buildings and structures, including associated site restoration, [[Page 81072]] and the disposal of personal property and debris in accordance with all applicable agency procedures and legal requirements.'' NOAA proposes a new CE to cover the disposal, demolition or removal of real property and related improvements, buildings and structures, including associated restoration, and the disposal of property and debris in accordance with all applicable Agency procedures. Operation Actions [G1.] ``Routine administrative actions such as (1) program planning, direction and evaluation, (2) administrative tasks, services and support including personnel and fiscal management, advisory services, document and policy preparation, and records management, and (3) development, establishment, and revisions to documents including, but not limited to interagency agreements, memoranda of understanding, memoranda of agreement, cooperative agreements, and university agreements. This CE does not include any associated activities proposed in these documents beyond the administrative task of creating and establishing the document. Actions subsequently funded by or undertaken pursuant to the approved documents may require additional NEPA review at the time those actions are proposed.'' NOAA proposes to break out a portion of CE 6.03c.3(d) to explicitly cover program planning, direction and evaluation; administrative tasks; development, establishment and revisions to administrative documents, including interagency agreements, memoranda of understanding, memoranda of agreement, cooperative agreements, and university agreements. Many of these types of activities are already covered in the portion of the 1999 NAO 6.03c.3(d) in ``program planning and budgeting, including strategic planning and operational planning . . . executive direction; administrative services.'' The proposed revision to break out a portion of the 1999 CE does not result in a significant change in scope or applicability from the CE in the 1999 NAO. [G2.] ``Routine movement of mobile assets, such as vessels and aircraft, for homeport reassignments or repair/overhaul, where no new support facilities are required.'' NOAA proposes to break out a portion of CE 6.03c.3(d) to explicitly cover routine movement of mobile assets. These types of activities are already covered in the portion of the 1999 NAO 6.03c.3(d) in ``ship and aircraft operations.'' The CE is limited to the routine movement of mobile assets for homeport reassignments or repair/overhaul, where no new support facilities to ensure that activities encompassed by the CE have no potential for significant effects on the environment under normal circumstances. [G3.] ``Topographic, bathymetric, land use and land cover, geological, hydrologic mapping, charting, and surveying services that do not involve major surface or subsurface land disturbance and involve no permanent physical, chemical, or biological change to the environment.'' NOAA proposes to break out and revise a portion of CE 6.03c.3(d) to cover certain mapping and surveying services and activities. Many of these types of activities are already covered in the portion of the 1999 NAO 6.03c.3(d) in ``mapping, charting, and surveying services.'' The CE is limited to activities that do not involve major surface or subsurface land disturbance and involve no permanent physical, chemical, or biological change to environment. The Working Group determined these limitations were necessary to ensure the activities encompassed by the CE have no potential for significant effects on the environment under normal circumstances. [G4.] ``Basic environmental services and monitoring, such as weather observations, communications, analyses, and predictions; environmental satellite operations and services; digital and physical environmental data and information services; air and water quality observations and analysis, and IT operations. All such activities must be conducted within existing facilities.'' [G4.] ``Basic environmental services and monitoring, such as weather observations, communications, analyses, and predictions; environmental satellite operations and services; digital and physical environmental data and information services; air and water quality observations and analysis, and IT operations. All such activities must be conducted within existing facilities.'' NOAA proposes to break out a portion of CE 6.03c.3(d) to explicitly cover environmental satellite and environmental data and information service activities, environmental service activities, and air quality observations and analysis activities. These types of activities are already covered in the portion of the 1999 NAO 6.03c.3(d) in ``basic environmental services and monitoring, such as weather observations, communications, analyses, and predictions; environmental satellite services; environmental data and information services;'' and ``air quality observations and analysis.'' The proposed revision to break out a portion of the 1999 CE does not result in any change in scope of applicability from the CE in the 1999 NAO. [G5.] ``Enforcement operations conducted under legislative mandate such as the MSA, ESA, MMPA, the Lacey Act Amendments of 1981 (Lacey), and/or the National Marine Sanctuaries Act. This does not include bringing judicial or administrative civil or criminal enforcement actions which are outside the scope of NEPA in accordance with 40 CFR 1508.18(a).'' NOAA proposes to break out a portion of CE 6.03c.3(d) to explicitly cover enforcement operations. These types of actions are already covered in the portion of the 1999 NAO 6.03c.3(d) in ``enforcement operations.'' As noted in the language of the CE, 40 CFR 1508.18(a) provides that major federal actions subject to NEPA do not include ``bringing judicial or administrative civil or criminal enforcement actions.'' Accordingly, this CE only covers those enforcement operations outside of this scope that would not otherwise be excluded from NEPA. The proposed revision to break out a portion of the 1999 CE does not result in any change in scope or applicability from the CE in the 1999 NAO. [G6.] ``Actions that change the NEXRAD radar coverage patterns that do not lower the lowest scan elevation and do not result in direct scanning of previously non-scanned terrain by the NEXRAD main beam.'' NOAA proposes no substantive changes to CE 6.03c.3(h). The phrase ``actions that'' was added for grammatical reasons. The proposed revision to break out a portion of the 1999 CE does not result in any change in scope or applicability from the CE in the 1999 NAO. [G7.] ``Preparation of policy directives, rules, regulations, and guidelines of an administrative, financial, legal, technical, or procedural nature, or for which the environmental effects are too broad, speculative or conjectural to lend themselves to meaningful analysis and will be subject later to the NEPA process, either collectively or on a case-by-case basis.'' NOAA proposes to break out a portion of CE 6.03c.3(i) to explicitly cover policy directives, order, regulations, and guidance. These types of activities are already covered in the portion of the 1999 NAO 6.03c.3(i) in ``preparation of regulations, Orders, manuals or other guidance that implement, but do not substantially change these documents'' [[Page 81073]] and ``policy directives, regulations, and guidelines of an administrative financial, legal, technical, or procedures nature, or the environmental effects of which are too broad, speculative, or conjectural to lend themselves to meaningful analysis and will be subject later to the NEPA process, either collectively or case-by- case.'' The proposed revision to break out a portion of the 1999 CE does not result in any change in scope or applicability from the CE in the 1999 NAO. [G8.] ``Activities that are educational, informational, or advisory to other agencies, public and private entities, visitors, individuals, or the general public, including training exercises and simulations.'' NOAA proposes to break out a portion of CE 6.03c.3(i) to explicitly cover educational, informational, advisory, and consultative activities. These types of activities are already covered in the portion of the 1999 NAO 6.03c.3(i) in ``activities which are educational, informational, advisory, or consultative to other agencies, public and private entities, visitors, individuals or the general public.'' The Working Group determined that expressly including training exercises and simulations in the text of the CE clarified its scope and applicability for decision makers. The proposed revision to break out a portion of the 1999 CE does not result in any change in scope or applicability from the CE in the 1999 NAO. [G9.] ``Actions taken to identify, determine sources of, assess, prevent, reduce, remove, dispose, or recycle marine debris when removal is undertaken in a non-destructive manner and actions are in accordance with Federal, State, and local laws and regulations for environmental protection, and where all relevant regulatory consultation, and/or permit requirements have been satisfied.'' NOAA proposes a new CE to cover actions taken to identify, determine sources of, assess, prevent, reduce, remove, dispose, or recycle marine debris. The CE is limited by the requirement that actions encompassed by the CE must be undertaken in a non-destructive manner and in accordance with Federal, State, and local laws and regulations for environmental protection and all relevant regulatory consultation and/or permit requirements have been satisfied. Acquisition and Leasing Actions [H1.] ``Procurement of labor, equipment, materials, data and software needed to execute mission requirements in accordance with applicable procurement regulations, executive orders, and policies. This includes, but is not limited to, procurement of mobile and portable equipment that is stored in existing structures or facilities.'' NOAA proposes to break out a portion of CE 6.03c.3(e) and broaden the coverage of the CE to include activities to procure labor, equipment, materials, and software necessary to execute NOAA's mission, including, but not limited to the purchase of mobile and portable equipment to be stored in existing structures or facilities. A portion of these activities are already covered in the portion of the 1999 NAO 6.0303.c(e) in ``procurement contracts for NEPA documents.'' [H2.] ``Procurement of space by purchase or lease of or within an existing facility or structure in accordance with applicable procurement regulations, executive orders, and policies when there is no change in the general type of use, no new construction of buildings or utilities, and minimal change in design from the previous occupancy level.'' NOAA proposes to break out a portion of CE 6.03c.3(e) to explicitly cover procurement by purchase or lease of space within a previously occupied structure. These types of activities are already covered in the portion of the 1999 NAO 6.03c.3(e) in ``acquisitions of space within an existing previously occupied structure, either by purchase or lease, where no change in the general type or use and minimal change from previous occupancy level is proposed.'' The proposed revision to break out a portion of the 1999 CE does not result in any change in scope or applicability from the CE in the 1999 NAO. [H3.] ``Outgranting of government-controlled property in accordance with applicable regulations, executive orders, and policies to a Federal entity for any purpose consistent with the existing land or facility use or to a non-Federal entity, when the use will remain substantially the same.'' NOAA proposes to break out a portion of the CE in the 1999 NAO 6.03c.3(e) to explicitly cover outgranting of government-controlled space. These types of activities are already covered in the portion of the 1999 NAO 6.03c.3(e) in ``out-lease or license of government- controlled space, or sublease of government-leased space to a non- Federal tenant when the use will remain substantially the same.'' The proposed revision to break out a portion of the 1999 CE does not result in any change in scope or applicability from the CE in the 1999 NAO; the change in terminology from ``out-lease'' to outgranting is intended to more accurately capture the type of action covered. [H4.] ``Acquisition of real property (including fee simple estates, leaseholds, and easements) that is not acquired through condemnation of a lease interest, and will not result in significant change in use and does not involve construction or modification.'' NOAA proposes to break out a portion of the CE in the 1999 NAO 6.03c.3(e) to explicitly cover procurement and lease of land. These types of activities are already covered in the portion of the 1999. NAO 6.03c.3(e) in ``acquisition of land which is not in a floodplain or other environmentally sensitive area and does not result in condemnation.'' NOAA proposes to remove the portion of the CE explicitly stating ``which is not in a floodplain or other environmentally sensitive area.'' NOAA revised its extraordinary circumstances to include environmental, historic, or cultural unique areas and floodplains, and therefore no longer required the text to be explicit within this CE. The proposed revision to break out a portion of the 1999 CE does not result in any change in scope or applicability from the CE in the 1999 NAO. [H5.] ``Granting easements or rights of entry to use NOAA controlled property for activities that, if conducted by NOAA, could be categorically excluded. Grants of easements or rights-of-way for the use of NOAA controlled real property complementing the use of existing rights-of-way or real property use for use by vehicles (not to include significant increases in vehicle loading); electrical, telephone, and other transmission and communication lines; water, wastewater, stormwater, and irrigation pipelines, pumping stations, and facilities; and similar utility and transportation uses.'' NOAA proposes to create a new categorical exclusion to encompass the activity of granting an easement or right of entry to use NOAA- controlled property for activities that could be categorically excluded if conducted by NOAA. [H6.] ``Relocation of employees into existing Federally-owned or commercially leased office space within the same metropolitan area not involving a substantial increase in the number of motor or other vehicles at a facility.'' NOAA proposes to break out a portion of CE 6.03c.3(e) to explicitly cover relocation of employees. These types of actions are already covered in the portion of the 1999 NAO 9.03c.3(e) in ``relocation of employees into existing Federally-owned or commercially [[Page 81074]] leased office space within the same metropolitan area not involving a substantial number of employees or a substantial increase in the number of motor vehicles at a facility.'' The proposed revision to break out a portion of the 1999 CE does not result in any change in scope or applicability from the CE in the 1999 NAO. [H7.] ``Transferring real property to a non-Federal entity, an agency other than GSA, as well as to States, local agencies and Indian Tribes, including return of public domain lands to the Department of the Interior.'' NOAA proposes a new CE to cover the transfer of real property to a federal agency other than the General Services Administration as well as to a non-Federal entity, including States, local agencies, and Indian tribes. This proposed CE also applies to the return of public domain lands to the Department of the Interior. Dated: November 9, 2016. Lois J. Schiffer, General Counsel, National Oceanic and Atmospheric Administration. [FR Doc. 2016-27567 Filed 11-16-16; 8:45 am] BILLING CODE 3510-12-P
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Dated: November 14, 2016. and NOAA will generally post for 75 FR 75631. A CE may be applied to
Sarah Brabson, public viewing on www.regulations.gov a proposed action after the decision
NOAA PRA Clearance Officer. without change. All personal identifying maker has carefully reviewed the
[FR Doc. 2016–27632 Filed 11–16–16; 8:45 am] information (e.g., name, address, etc.), description of the action and
BILLING CODE 3510–22–P
confidential business information, or determined that it fits within the
otherwise sensitive information category of actions encompassed by the
submitted voluntarily by the sender is CE. See 40 CFR 1508.4. In making this
DEPARTMENT OF COMMERCE publicly accessible. NOAA will accept determination, the decision maker must
anonymous comments (enter ‘‘N/A’’ in also consider whether extraordinary
National Oceanic and Atmospheric the required fields if you wish to remain circumstances apply, which would lead
Administration anonymous). NOAA will make this to a normally categorically excluded
notice and the draft Companion Manual action to have the potential for
RIN 0648–XF031
available online for public inspection at significant impacts. Thus, a CE does not
Revised National Environmental Policy http://www.nepa.noaa.gov. eliminate environmental review of a
Act Implementing Procedures FOR FURTHER INFORMATION CONTACT: proposed action but reduces paperwork
Please send questions by email to and delay and allows an agency to
AGENCY: National Oceanic and noaa.nepa@noaa.gov; or contact Rachel efficiently focus its resources on
Atmospheric Administration, Lipsy at 301–427–8247. proposed actions with the potential for
Department of Commerce. significant environmental effects.
SUPPLEMENTARY INFORMATION:
ACTION: Notice of availability; request On April 22, 2016, NOAA issued
for comments. Background NOAA Administrative Order 216–6A
(NAO 216–6A), which updated NOAA’s
NEPA (42 U.S.C. 4321 et seq.)
SUMMARY: The National Oceanic and policy for compliance with NEPA, the
declares a national policy to promote
Atmospheric Administration (NOAA) CEQ NEPA regulations, and other
efforts that will prevent or eliminate
publishes this notice to request related authorities, including Executive
damage to the environment, stimulate
comments on its draft Companion Order (EO) 12114, Environmental
the health and welfare of man, and Effects Abroad of Major Federal Actions;
Manual to NOAA Administrative Order enrich the understanding of the
NAO 216–6A (‘‘Companion Manual’’) EO 11988, Floodplain Management; and
ecological systems and natural resources EO 11990, Protection of Wetlands. The
containing policy and procedures for important to the United States. NEPA
implementing the National NAO authorized the development of a
also established the CEQ to, among Companion Manual entitled Policy and
Environmental Policy Act (NEPA) and other things, analyze and interpret
related authorities. Included in the Procedures for Compliance with the
environmental trends and information, National Environmental Policy Act and
Companion Manual are NOAA’s to review and appraise programs and
proposed revised categorical exclusions Related Authorities (‘‘Companion
activities of the Federal government in Manual’’). The draft Companion Manual
(CE) and related extraordinary light of NEPA’s purpose, and to develop
circumstances. Pursuant to Council on includes NOAA’s proposed revised CEs
policies to promote the improvement of as an appendix. NAO 216–6A
Environmental Quality (CEQ) environmental quality. As part of these
regulations, NOAA is soliciting superseded NOAA Administrative
responsibilities, the CEQ promulgated Order NAO 216–6 dated May 20, 1999
comments on its proposed procedures regulations to implement NEPA (see 40
from members of the interested public. (1999 NAO), with the exception of those
CFR part 1500 et seq.). Those provisions implementing CEQ
Additionally, in this notice, NOAA is regulations direct Federal agencies to
providing a synopsis of the proposed regulation 40 CFR 1507.3(b), including
adopt procedures for implementing the NOAA’s CEs and related provision
changes to NOAA’s CEs to assist the NEPA and to review and revise those
public in reviewing those changes. for extraordinary circumstances. Those
policies and procedures as necessary to provisions temporarily remain in effect
DATES: Comments on the revised NEPA ensure full compliance with the until superseded by revised CEs and the
procedures must be received by purposes and provisions of NEPA. authorized Companion Manual.
December 19, 2016. NEPA and the CEQ implementing Additionally, the National Marine
ADDRESSES: Comments on NOAA’s regulations provide for environmental Fisheries Service’s February 23, 2016
proposed NEPA procedures may be review of a proposed government action supplement to NAO 216–6, entitled
submitted through one of these in the form of an Environmental ‘‘Revised and Updated NEPA
methods: (1) Electronic Submission of Assessment (EA), Environmental Impact Procedures for Magnuson-Stevens
Comments: Submit electronic comments Statement (EIS), or Categorical Fishery Management Actions,’’ remains
via the Federal e-Rulemaking Portal. Go Exclusion (CE). A CE is ‘‘a category of in effect. The supplement sets forth the
to www.regulations.gov/ actions which do not individually or policies and procedures for NEPA
#!docketDetail;D=NOAA-HQ-2016-0145, cumulatively have a significant effect on compliance for such actions. For
click the ‘‘Comment Now!’’ icon, the human environment,’’ and, based on convenience, the supplement is
complete the required fields, and enter the agency’s past experience, does not reproduced as Appendix C to the
or attach your comments; (2) Mail: Send require further NEPA review in the form Companion Manual. Decision makers
to NOAA NEPA Coordinator, Attention of either an EA or EIS. See 40 CFR for such actions may also consider and
Katherine Renshaw, 1315 East-West 1508.4, CEQ, ‘‘Final Guidance for
asabaliauskas on DSK3SPTVN1PROD with NOTICES
apply the guidance in the Companion
Highway, Room 15132, Silver Spring, Federal Departments and Agencies on Manual to the extent it is consistent
MD 20910. Establishing, Applying, and Revising with the policies and procedures in the
Instructions: NOAA may not consider Categorical Exclusions Under the supplement.
comments if they are sent by any other National Environmental Policy Act’’ (75
method, to any other address or FR 75628; December 6, 2010). A CE does Process
individual, or received after the not exempt an action from NEPA NOAA last updated its NEPA
comment period ends. All comments review; rather, it is one form of Procedures in 1999. In order to ensure
received are a part of the public record environmental review under NEPA. See that its procedures, including CEs and
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![Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices 81067
extraordinary circumstances, remain CE and the administrative record development or activity in the vicinity
appropriate to ensure full compliance developed by other agencies when they of the proposed action. When
with the purposes and provisions of established their own CEs. To ensure considering the size of a proposed
NEPA, NOAA began an extensive the CEs that NOAA proposes to facility, for example, NOAA would
review process. As part of its process for benchmark properly support NOAA’s review the surround land uses, the scale
revising the agency’s NEPA procedures, proposed CEs, NOAA analyzed the of the proposed action relative to
NOAA convened a Working Group actions encompassed by other agencies’ existing development, and the capacity
composed of representatives across CEs by considering the characteristics of of existing roads and other
NOAA’s Staff and Line Offices. The the actions, methods of implementing infrastructure to support the proposed
Working Group members conducted the actions, frequency of the actions, action. When these limiting terms are
significant scoping within their applicable standard operating used within a specific CE, the
respective offices to assess the need for procedures or implementing guidance, administrative record for that CE
revised NEPA procedures, the need for and timing and context to determine provides further explanation of their
revised CEs, and to gather information that the actions analyzed by these meaning in the context of the activity
relevant to proposed new CEs, including agencies are sufficiently similar to those addressed by that CE.
information necessary to support the covered by the proposed CE to offer (3) ‘‘Negligible’’ refers to a level of
proposed changes. Throughout the support for NOAA’s conclusion that impact that is below significant to the
revision process, NOAA also conducted these actions will not result in point of being hardly detectable. Factors
outreach with other agencies with individually or cumulatively significant for consideration include: Procedures
similar missions, and consulted impacts on the human environment that employ generally accepted industry
extensively with CEQ. See 40 CFR under normal circumstances. standards or best management practices
1507.3. Additionally, and where appropriate, that have been tested and verified at the
Upon review of NOAA’s overall NOAA relied on its professional staff to time an activity is proposed; whether an
NEPA procedures, the agency analyze the activities encompassed by activity has understood or well-
determined that its existing procedures the proposed CEs and explain the documented impacts at the time an
would benefit from clarifying revisions expert’s conclusion that those activities activity is proposed; whether control
and that NOAA’s CEs would benefit have no potential for significant effects and quality measures are in place (e.g.,
from revisions to clarify the scope and on the environment. Finally, NOAA monitoring and verification; emergency
applicability and that several new CEs relied on its own experience with plans and preparedness); the direct,
were appropriate to improve NEPA previously implemented actions (e.g., indirect, and cumulative effects of the
review by categorically excluding EAs that resulted in Findings of No proposed activity on a resource; and the
actions that, based on NOAA’s Significant Impacts) to determine that context and intensity of expected
experience, have no potential to the analyses of those actions and the discharges or deposits and disturbances
significantly impact the human resulting absence of environmental to resources, like the submerged lands
environment. In some instances, NOAA effects of those actions support the of any sanctuary, corals, and other
determined that providing additional proposed CE. living, cultural, and historical resources.
language to describe the categories of
actions covered by an existing CE was Synopsis of Proposed Changes to CEs Categorical Exclusions
necessary to clarify the intended scope NOAA’s proposed revised CEs are
Applicable Terms
of that CE. In other cases, NOAA organized into eight series, based on the
determined that the scope of a CE was Certain terms appear frequently in the types of activities encompassed by each
unclear because it covered too many language of NOAA’s proposed CEs to group. Series A encompasses CEs that
disparate activities with few meaningful limit their scope and ensure they are pertain to Trust Resource Management
limitations. The Working Group applied properly and limited to those Actions. B pertains to Trust Resource
determined that breaking out activities that NOAA has determined Authorization and Permitting Actions. C
components of these CEs into discrete have no potential for significant pertains to Habitat Restoration Actions.
CEs that accurately described the impacts. The following list presents and D pertains to Additional External
category of actions to be excluded from describes these terms: Funding. E pertains to Research
further NEPA review and including (1) ‘‘Previously disturbed ground’’ Actions. F pertains to Real and Personal
appropriately limiting language clarified refers to land that has been changed Property Improvement, Maintenance,
the proper scope and application of the such that its functioning ecological and Construction Actions. G pertains to
CE for the decision maker. Additionally, processes have been and remain Operational Actions. Finally, H pertains
NOAA identified CEs that either lacked substantially altered by human activity. to Acquisition and Leasing Actions.
adequate substantiation or were no The term encompasses areas that have The following list presents NOAA’s
longer necessary because of mission been transformed from natural cover to proposed CEs, followed by a description
changes. Accordingly, NOAA proposes non-native species or a developed state, of the CE’s relationship to the existing
to eliminate these types of CEs. including but not limited to, utility and CEs from the 1999 NAO and an
NOAA proposes to substantiate its electrical power transmission corridors explanation of how and why a CE was
new and revised CEs by benchmarking and rights-of-way, paved and unpaved revised or developed.
other agencies’ CEs, relying on roads, and construction footprints.
previously implemented actions, and/or (2) ‘‘Minor’’ and ‘‘small-scale’’ are Trust Resource Management Actions
asabaliauskas on DSK3SPTVN1PROD with NOTICES
relying on the expert opinions of terms NOAA considers in the context of [A1]. ‘‘An action that is a technical
NOAA’s professional staff, all of which the particular proposal, including its correction or a change to a fishery
are methods recommended by CEQ to proposed location. In assessing whether management action or regulation, which
substantiate proposed new or revised a proposed action is small, in addition does not result in a substantial change
CEs. See 75 FR 75633–34. to the actual magnitude of the proposal, in any of the following: Fishing
Benchmarking means that NOAA is NOAA considers factors such as location, timing, effort, authorized gear
substantiating a CE based on other industry norms and the relationship of types, access to fishery resources or
agencies’ experience with a comparable the proposed action to similar types of harvest levels.’’
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![81068 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
NOAA proposes to consolidate NOAA proposes a new CE to cover most helpful to decision makers.
components of several CEs from the temporary fishery closures or extensions Accordingly, consolidating these classes
1999 NOA: 6.03a.3(b)(1), 6.03a.3(b)(2), of closures under section 305(c)(3)(C) of of actions into a single CE for updates
6.03d.4(a), and 6.03d.4(b). NOAA the Magnuson-Stevens Fishery to existing NERR management plans
realized in implementing NEPA since Conservation and Management Act to clarified the CE’s scope and
1999 that there were several very similar ensure public health and safety applicability for decision makers. The
CEs that frequently served the same following a public health emergency or CE is limited so that it may not be
purpose. NOAA also determined that it an oil spill. applied to actions where the update
would be most helpful for practitioners [A4.] ‘‘Minor updates to existing changes reserve boundaries and the
to address different types of national marine sanctuary management change adds or significantly changes
management plans in separate CEs so plans. This CE does not apply to allowable uses requiring a permit, or
that limitations to ensure that the sanctuary designations, expansions, restrictions on uses. Additionally the CE
category of actions would not result in changes in terms of designation, or new is limited in that it does not apply to
significant impacts were appropriate to sanctuary management plans.’’ new NERR management plans, or to the
the types of management plan in place. NOAA proposes to consolidate execution of any specific action
Accordingly, consolidating these classes components of two CEs from the 1999 subsequently funded to support the
of actions into a single CE for fishery NOA: 6.03a.3(b)(1) and 6.03a.3(b)(2). updated NERR management plan. The
management actions and regulations NOAA realized in implementing NEPA proposed changes and revisions do not
clarified the CE’s scope and since 1999 that there were several very result in a substantial change in scope
applicability for decision makers. The similar CEs that frequently served the or applicability from the listed CEs in
proposed revision limits the scope of same purpose. NOAA also determined the 1999 NAO.
the CE so that any corrections or that discrete CEs with appropriately [A6.] ‘‘Review and approval of
changes to which the CE is to be applied limiting language specific to different changes to state coastal management
may not result in a substantial change types of management plans would be programs under the Coastal Zone
in fishing location, timing, effort, most helpful to decision makers. Management Act (CZMA) § 306(e) (16
authorized gear types, access to fishery Accordingly, consolidating these classes U.S.C. 1455(e)) and NOAA’s regulations
resources or harvest levels. The of actions into a single CE for minor at 15 CFR part 923.’’
proposed changes and revisions do not updates to existing national marine NOAA proposes to consolidate
result in a substantial change in scope sanctuary management plans clarified components of two CEs: 6.03a.3(b)(1)
or applicability from the listed CEs in the CE’s scope and applicability for and 6.03a.3(b)(2). NOAA realized in
the 1999 NAO. decision makers. NOAA proposes to implementing NEPA since 1999 that
[A2]. ‘‘Preparation of a recovery plan explicitly limit the use of this CE by not there were several very similar CEs that
pursuant to section 4(f)(1) of the ESA. allowing the category to be applied to frequently served the same purpose.
Such plans are advisory documents that actions that are amendments or changes NOAA also determined that discrete
provide consultative and technical to a management plan that affect CEs with appropriately limiting
assistance in recovery planning and do sanctuary boundaries or to new language specific to different types of
not implement site-specific or species- sanctuary management plans. The management plans would be most
specific management actions. However, National Marine Sanctuaries Act (16 helpful to decision makers.
implementation of specific tasks U.S.C. 1431 et seq.) mandates that the Accordingly, consolidating these classes
identified in a recovery plan may Secretary of Commerce (as delegated to of actions into a single CE for review
require an EA or EIS depending on the NOAA) prepare an environmental and approval of changes to state coastal
nature of the action.’’ impact statement for sanctuary management programs under the CZMA
NOAA proposes to revise CE designations and boundary changes. 16 U.S.C. 1455(e) and NOAA’s
6.03e.3(a) by adding ‘‘and do not direct The proposed changes and revisions do regulations at 15 CFR part 923 clarified
site-specific or species-specific not result in a substantial change in the CE’s scope and applicability for
management actions’’ to the definition scope or applicability from the listed decision makers. The Working Group
of consultative. NOAA’s use of the CEs in the 1999 NAO. determined that these statutory and
language ‘‘. . . advisory documents that [A5.] ‘‘Updates to existing National regulatory limitations appropriately
provide consultative and technical Estuarine Research Reserve (NERR) limited the scope of the CE so that
assistance in recovery planning and do management plans, provided that the activities encompassed by the CE have
not direct site-specific or species- update does not change NERR no potential for significant effects on the
specific management actions. However, boundaries or add or significantly environment under normal
implementation of specific tasks change allowable uses, uses requiring a circumstances.
identified in a recovery plan may permit, or restrictions on uses. This CE
require additional NEPA analysis does not apply to new NERR Trust Resource Authorization and
depending on the nature of the action’’ management plans, or to the execution Permitting Actions
further clarifies the proper use of the CE of any specific action subsequently [B1.] ‘‘Issuance of permits or permit
and ensures that it is not employed to funded to support the updated NERR modifications under section 10(a)(1)(A)
cover specific management actions. The management plan.’’ of the ESA for take, import, or export of
proposed changes and revisions clarify NOAA proposes to consolidate endangered species for scientific
the scope and applicability of the CE components of two CEs from the 1999 purposes or to enhance the propagation
asabaliauskas on DSK3SPTVN1PROD with NOTICES
and do not result in any change in scope NOA: 6.03a.3(b)(1) and 6.03a.3(b)(2). or survival of the affected species, or in
or applicability from the CE in the 1999 NOAA realized in implementing NEPA accordance with the requirements of an
NAO. since 1999 that there were several very ESA section 4(d) regulation for
[A3.] ‘‘Temporary fishery closures or similar CEs that frequently served the threatened species.’’
extensions of closures under section same purpose. NOAA also determined NOAA proposes to make minor
305(c)(3)(C) of the Magnuson-Stevens that discrete CEs with appropriately revisions to CE 6.03e.3(b) by adding
Fishery Conservation and Management limiting language specific to different section 4(d) of the ESA to the text of the
Act to ensure public health and safety.’’ types of management plans would be CE. The intent and purpose of Sections
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10(a)(1)(a) and 4(d) of the ESA to issue special use permits, authorizations, and Monument (as established by
permits for scientific or enhancement certifications for activities conducted Presidential Proclamation 8031) permits
purposes. The proposed changes and within National Marine Sanctuaries. for activities that are included in
revisions do not result in any change in Previously, NOAA had applied CEs established permit categories (50 CFR
scope or applicability from the CE in the 6.03c.3(a), 6.03c.3(c), 6.03c.3(d), and part 404) and that meet the regulatory
1999 NAO. 6.03c.(3)(i) to address these actions. The review criteria at (50 CFR 404.11), that
[B2.] ‘‘Issuance of permits or permit Working Group determined that limit any potential impacts so that the
amendments under section 104 of the proposing new CEs that specifically proposed activity will be conducted in
MMPA for take or import of marine encompass the actions described in B5, a manner compatible with the
mammals for scientific research, B6, B7, B8, B9, and B10 clarified the monument’s primary objective of
enhancement, commercial or scope and applicability of the CEs for resource protection.’’
educational photography or public decision makers. Each CE is limited by NOAA proposes a new CE to cover
display purposes; and issuance of conditions to ensure that activities the issuance of, or amendments to
Letters of Confirmation under the encompassed by the CEs have no Papahānaumokuākea Marine National
General Authorization for scientific potential for significant effects on the Monument permits for activities that are
research involving only Level B environment under normal included in established permit
harassment.’’ circumstances. categories under 50 CFR part 404 and
NOAA proposes to revise CE [B5.] ‘‘Issuance of, or amendments to, that meet the regulatory review criteria
6.03f.2(a) by removing section 101(a)(1) general permits for activities that are under 50 CFR 404.11.
of the MMPA from the text of the CE. included in established permit [B10.] ‘‘Issuance of, or amendments
The reference to section 101(a)(1) was categories at 15 CFR part 922 and that to, Papahānaumokuākea Marine
incorrect in the 1999 version and the meet the regulatory review criteria at 15 National Monument special ocean use
revision corrects this error. The CFR part 922, that limit any potential permits for activities or use of the
proposed revision does not result in any impacts so that the proposed activity monument that are engaged in to
change in the scope or applicability of will be conducted in a manner generate revenue or profits for one or
the CE. compatible with the National Marine more of the persons associated with the
[B3.] ‘‘Issuance of, and amendments Sanctuaries Act’s primary objective of activity or use, and do not destroy,
to, ‘‘low effect’’ Incidental Take Permits resource protection.’’ cause the loss of, or injure monument
and their supporting ‘‘low effect’’ [B6.] ‘‘Issuance of, or amendments to, resources.’’
Habitat Conservation Plans under special use permits for activities in a NOAA proposes a new CE to cover
section 10(a)(1)(B) of the ESA.’’ national marine sanctuary that are the issuance of, or amendments to
NOAA proposes minor text edits to necessary to either establish conditions Papahānaumokuākea Marine National
revise CE 6.03e.3(d) for clarification and of access to and use of any sanctuary Monument special ocean use permits for
readability. The proposed revision does resource or promote public use and activities or use of the monument that
not result in a substantial change on the understanding of a sanctuary resource are engaged in to generate revenue or
scope or applicability of the CE. and must be conducted in a manner that profits for one or more of the persons
[B4.] ‘‘Issuance of incidental does not destroy, cause the loss of, or associated with the activity or use, and
harassment authorizations under section injure sanctuary resources in do not destroy, cause the loss of, or
101(a)(5)(A) and (D) of the MMPA for accordance with the National Marine injure monument resources.
the incidental, but not intentional, take Sanctuaries Act.’’ [B11.] ‘‘Issuance of Exempted Fishing
by harassment of marine mammals [B7.] ‘‘Issuance of or amendments to, Permits (EFPs) under the authority of
during specified activities and for which authorizations for activities allowed by the Magnuson-Stevens Act and
no serious injury or mortality is a valid federal, regional, state, local or Scientific Research Permits (SRPs) and
anticipated.’’ tribal government approval (e.g., leases, other permits for research that may
NOAA proposes to maintain CE permits and licenses) issued after the impact species regulated under the
6.03f.2(b) and revise the language to effective date of sanctuary designation authority of the Magnuson-Stevens
clarify the proper scope and application or expansion, so long as such Fishery Conservation and Management
of the CE. The 1999 NAO included an authorizations are based upon a Act (MSA) and the Atlantic Tunas
error that referred to only section consideration of the regulatory review Convention Act (ATCA). This includes
101(a)(5)(A) of the Marine Mammal criteria at 15 CFR part 922, and will permitted research of limited size,
Protection Act—this error has been only result in negligible effects to magnitude or duration with negligible
corrected in this revision, which now sanctuary resources.’’ individual or cumulative impacts,
properly refers to both sections [B8.] ‘‘Issuance of, or amendments to which requires temporary relief of
101(a)(5)(A) and 101(a)(5)(D). certifications for pre-existing activities fishery management regulations.’’
Additionally, the 1999 version of the CE authorized by a valid federal, regional, NOAA proposes a new CE to cover
required authorizations to be ‘‘tiered state, local, or tribal government the issuance of, or amendments to
from a programmatic environmental approval (e.g., leases, permits and permits or authorizations for activities
review’’ and this requirement has been licenses) or rights of subsistence use or that are conducted within Marine
removed. NOAA currently reviews access in existence on the date of the National Monuments other than
small take incidental harassment designation or expansion of any Papahānaumokuākea that are limited in
authorizations under NEPA without the national marine sanctuary where the scope so that the potential impacts of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
need for a ‘‘tiering’’ process. Office of National Marine Sanctuaries the proposed activities will be
Accordingly, the proposed revision does issues terms and conditions that are conducted in a manner compatible with
not result in a substantial change in either ministerial or prescribe a monument’s primary objective of
scope or applicability from the CEs in avoidance, minimization, or mitigation resource protection, and do not destroy,
the 1999 NAO. measures designed to ensure negligible cause the loss of, or injure monument
NOAA proposes four new CEs—B5, effects to sanctuary resources.’’ resources.
B6, B7, and B8—to cover the issuance [B9.] ‘‘Issuance of, or amendments to [B12.] ‘‘Issuance of Exempted Fishing
of, or amendments to general permits, Papahānaumokuākea Marine National Permits (EFPs) under the authority of
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the Magnuson-Stevens Act and that actions encompassed by this CE the other NOAA CEs and thus are
Scientific Research Permits (SRPs) and ‘‘are intended to restore an ecosystem, proposed here as a separate financial
other permits for research that may habitat, biotic community, or activities category. The proposed
impact species regulated under the population of living resources to a revision clarifies the scope and
authority of the Magnuson-Stevens determinable pre-impact condition.’’ applicability of the CE.
Fishery Conservation and Management NOAA determined that removing the [D2.] ‘‘Provision of a grant, a contract
Act (MSA) and the Atlantic Tunas requirement ‘‘(1) are intended to restore or other financial assistance to a State,
Convention Act (ATCA). This includes an ecosystem, habitat, biotic Fishery Management Council or Marine
permitted research of limited size, community, or population of living Fisheries Commission under 16 U.S.C.
magnitude or duration with negligible resources to a determinable pre-impact 1881a(d).’’
individual or cumulative impacts, condition’’ clarified the applicability of NOAA proposes to break out a portion
which requires temporary relief of this CE. Previously, the condition of CE 6.03c.3(d) to explicitly cover the
fishery management regulations. ‘‘ limited the CE’s application to provision of a grant, contract, or other
NOAA proposes a new CE to cover circumstances where NOAA was able to financial assistance to a State, Fishery
the issuance of Exempted Fishing determine the pre-impact condition of Management Council or Marine
Permits (EFPs) under the authority of the resource to be restored and this Fisheries Commission under 16 U.S.C.
the Magnuson-Stevens Act and created confusion as to the scope and 1881a(d). Similar to the activities
Scientific Research Permits (SRPs) and applicability of the CE. NOAA also addressed in D1, the Working Group
other permits for research that may added criteria that limit the scope of the determined that the specific provision
impact species regulated under the CE. These four limitations were of funding pursuant to 16 U.S.C.
authority of the Magnuson-Stevens developed and reviewed by the Working 1881(a)(d) was appropriately addressed
Fishery Conservation and Management Group and included to ensure that this in a CE and not otherwise covered by
Act (MSA) and the Atlantic Tunas category of actions is properly limited in other NOAA proposed CEs. The
Convention Act (ATCA). These context and intensity such that there is proposed revision clarifies the scope
revisions are intended to encompass no potential for individual or and applicability of the CE.
activities regarding the issuance of EFPs cumulative significant effects on the
and SRPs for research activities within human environment under normal Research Actions
the scope of the CE and conducted for circumstances. Finally, NOAA added NOAA proposes to break out a portion
the benefit of fisheries and the the requirement that, if applicable, of CEs 6.03c.3(a) and 6.03c.3(d) to
environment. limitations and mitigation measures explicitly cover a variety of research
identified in the NOAA Restoration activities with no potential for
Habitat Restoration Actions Center Programmatic Environmental individual or cumulative significant
[C1.] ‘‘Habitat restoration actions, Impact Statement for Habitat effects under normal circumstances. The
provided that such action: (1) Restoration Actions (June 2015) (RC Working Group determined that it
Transplants only organisms currently or PEIS) must be followed. would be more appropriate to address
formerly present at the site or in its Additional External Funding research programs and projects with
immediate vicinity (if transplant is a more specificity than the existing 1999
component of the action); (2) does not [D1.] ‘‘Financial activities for the
following financial services: (1) Loans CE, which broadly covers all ‘‘research
require substantial placement of fill or programs or projects of limited size and
dredging; (3) does not involve any for purchase, refinancing, or
reconstruction of fishing vessels and duration or with only short-term, minor
removal of debris, excavation, or effects on the human environment.’’
conditioning of soils unless such purchase or refinancing of individual
fishing quota through the Fisheries Instead, after an internal scoping
removal of debris, excavation, or process evaluating the types of research
conditioning of soils is geographically Finance Program; (2) Deferred tax
program provided to fishermen to activities that were routinely and
limited to the impact area such that site appropriately relying on the existing CE,
conditions will not impede or construct, reconstruct, or acquire fishing
vessels through the Capital Construction the Working Group developed the
negatively alter natural processes, is in following categories of activities in
compliance with all permit and disposal Fund Program; and (3) Compensation to
fishermen for economic and property proposed CEs E1–E8. For each of the
requirements,), and will not impact proposed research CEs, the Working
critical aquifers or recharge areas; and losses caused by oil and gas
obstructions on the U.S. Outer Group proposed limitations appropriate
(4) does not involve an added risk of to the category of activities to ensure
human or environmental exposure to Continental Shelf under the Fishermen’s
Contingency Fund.’’ that the activities covered by each CE
toxic or hazardous substances, have no potential for significant effects
NOAA proposes to break out a portion
pathogens, or radioactive materials. on the environment under normal
of CE 6.03c.3(b) to explicitly cover only
Notes: If applicable, limitations and the limited financial activities for circumstances.
mitigation measures identified in the NOAA specific financial services under the [E1.] ‘‘Activities conducted in
Restoration Center Programmatic Fisheries Finance Program, the Capital laboratories and facilities where
Environmental Impact Statement for Habitat research practices and safeguards
Construction Fund Program, and the
Restoration Actions must be followed. This
Fisherman’s Contingency Fund. The prevent environmental impacts.’’
CE includes, but is not limited to, response
Working Group determined that for the [E2.] ‘‘Social science projects and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
or restoration actions under CERLCA, OPA,
or NMSA, if such actions are intended to vast majority of financial assistance and programs, including economic, political
restore an ecosystem, habitat, biotic financial services actions, decision science, human geography,
community, or population of living resources makers should look at whether the demography, and sociology studies,
to a determinable pre-impact condition prior underlying activity to be funded falls including information collection
to the incident leading to the response or within one of the established CEs. The activities in support of studies.’’
restoration.’’ activities addressed in proposed D1, [E3.] ‘‘Activities to collect aquatic,
NOAA proposes to revise the version however, while appropriate for a CE, terrestrial, and atmospheric data in a
of CE 6.03b.2 by removing the condition were not separately addressed in any of non-destructive manner.’’
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[E4.] ‘‘Activities that survey or replacement does not result in a NOAA proposes to break out and
observe living resources in the field substantial change to the design merge several portions of the following
with little to no potential to adversely capacity, or function of the facility.’’ CEs: 6.03c.3(c) ‘‘minor improvements to
affect the environment or interfere with NOAA proposes to make minor an existing site (e.g., fences, roads,
organisms or habitat.’’ revisions to CE 6.03c.3(e) by breaking picnic facilities, etc.)’’; 6.03c.3(e)
[E5.] ‘‘Activities involving invasive out a component of this CE into a ‘‘routine facility maintenance and
techniques or methods that are separate CE. NOAA’s use of the repair’’; 6.03c.3(f); 6.03c.3(g); and,
conducted for scientific purposes, when language ‘‘In-kind replacement includes 6.03c.3(i) ‘‘routine maintenance.’’ The
such activities are conducted in installation of new components to proposed changes and revisions clarify
accordance with all applicable replace outmoded components if the the scope and applicability of the CE.
provisions of the Endangered Species replacement does not result in a [F4]. ‘‘Routine groundskeeping and
Act, Marine Mammal Protection Act, substantial change to the design landscaping activities where ground
Migratory Bird Treaty Act, and capacity, or function of the facility’’ disturbance is limited to previously
Magnuson-Stevens Fishery further clarifies the CE. The proposed disturbed areas (e.g., previously filled
Conservation and Management Act. changes and revisions do not result in paved, or cleared areas).’’
Such activities will be limited to any change in scope or applicability NOAA proposes to make minor
impacting living resources on a small from the CEs in the 1999 NAO. revisions to CE 6.03c.3(e) by breaking
scale relative to the size of the [F3.] ‘‘(a) Routine repair, out a portion of this CE into a separate
populations, and limited to maintenance, and improvement of real CE. These types of actions are already
methodologies and locations to ensure and personal property, where such covered in the portion of CE 6.03c.3(e)
that there are no long-term adverse activities are required to maintain and in ‘‘grounds-keeping activities.’’ The CE
impacts to benthic habitats, essential preserve buildings, structures, is limited to activities where ground
fish habitat, critical habitat, or listed infrastructures, vehicles, and equipment disturbance is limited to previously
species.’’ in a condition suitable to be used for its disturbed areas. The proposed revisions
[E6.] ‘‘Research that involves the designed purpose. do not result in a substantial change in
development and testing of new and (b) New construction, expansion and/ scope or applicability from the CE in the
modified fishing gear and technology in or improvement of facilities where all of 1999 NAO.
order to reduce adverse effects from the following conditions are met: [F5.] ‘‘Installation, operation,
fishing gear on non-target species.’’ (1) The site is in a developed area maintenance, improvements, repair,
[E7.] ‘‘Collection of data and and/or a previously disturbed site; upgrade, removal, and/or replacement
biological samples on fishing vessels or (2) The structure and proposed use of instruments or instrument systems in
dockside as part of previously are compatible with applicable Federal, or on:
authorized commercial and/or Tribal, State, and local planning and 1. An existing structure or object (e.g.,
recreational fishing activities.’’ zoning standards and consistent with tower, antenna, building, pier, buoy,
[E8.] ‘‘Biological, chemical, or Federally approved State coastal terrestrial vehicle, or bridge) or
toxicological research conducted in management programs and the National 2. On previously disturbed (e.g.,
closed system mesocosm/aquaculture Historic Preservation Act; filled, paved, or cleared) ground, or
facilities that are conducted according (3) The proposed use will not 3. On undisturbed ground, if the
to recommended protocols that provide substantially increase the number of equipment installation, operation, and
containment and disposal of chemicals, motor vehicles, marine vessels, or removal will require no or minimal
toxins, non-native species, etc., in aircraft at the facility or in the area; ground disturbance.’’
compliance with established Federal (4) The site and scale of construction Microwave/radio communications
and state regulatory guidelines, and best or improvement are consistent with towers and antennas must be limited to
management practices.’’ those of existing, adjacent, or nearby 200 feet in height without guy wires.
buildings; NOAA proposes a new CE to cover
Real and Personal Property activities of installing, operating,
(5) The construction or improvement
Improvement, Maintenance, and repairing, maintaining, upgrading,
will not result in uses that exceed
Construction Actions removing and/or replacing instruments
existing infrastructure capacities (e.g.,
[F1.] ‘‘Siting, construction (or electrical, roads, sewer, water, parking); or instrument systems in or on an
modification), and operation of support (6) The construction or improvement existing structure or object, or on
buildings and support structures will not result in operational uses that previously disturbed ground or on
(including, but not limited to, trailers adversely affect the surrounding undisturbed ground that involve either
and prefabricated buildings) within or community (e.g., noise); and no or minimal ground disturbance.
contiguous to an already developed area (7) The community-valued view sheds [F6.] ‘‘The determination that real
(where active utilities and currently are not adversely affected. property is excess to the needs of the
used roads are readily accessible).’’ (c) Installation, repair, maintenance, Agency, when the real property is
NOAA proposes a new CE to cover and enhancement of public access excessed in conformity with General
activities to place and operate trailers, facilities and infrastructure, if the Services Administration procedures or
modular buildings, storage buildings, or activity: is legislatively authorized to be
shipping units within or contiguous to (1) Is small-scale and nondestructive; excessed.’’
an already developed area. (2) Is consistent with applicable right- NOAA proposes a new CE to cover
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[F2.] ‘‘In-kind replacement of personal of-way conditions and approved land declarations of real property as excess in
property and fixtures and other use plans; and conformance with General Services
components of real property when such This CE does not apply where the Administration procedures or as
activities do not result in a substantial project must be submitted to the legislatively authorized.
change in the existing construction National Capital Planning Commission [F7.] ‘‘The disposal, demolition or
footprint. In-kind replacement includes (NCPC) for review and NCPC removal of real property and related
installation of new components to determines that it does not have an improvements, buildings and structures,
replace outmoded components if the applicable Categorical Exclusion.’’ including associated site restoration,
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and the disposal of personal property homeport reassignments or repair/ environmental data and information
and debris in accordance with all overhaul, where no new support services;’’ and ‘‘air quality observations
applicable agency procedures and legal facilities to ensure that activities and analysis.’’ The proposed revision to
requirements.’’ encompassed by the CE have no break out a portion of the 1999 CE does
NOAA proposes a new CE to cover potential for significant effects on the not result in any change in scope of
the disposal, demolition or removal of environment under normal applicability from the CE in the 1999
real property and related improvements, circumstances. NAO.
buildings and structures, including [G3.] ‘‘Topographic, bathymetric, land [G5.] ‘‘Enforcement operations
associated restoration, and the disposal use and land cover, geological, conducted under legislative mandate
of property and debris in accordance hydrologic mapping, charting, and such as the MSA, ESA, MMPA, the
with all applicable Agency procedures. surveying services that do not involve Lacey Act Amendments of 1981 (Lacey),
major surface or subsurface land and/or the National Marine Sanctuaries
Operation Actions
disturbance and involve no permanent Act. This does not include bringing
[G1.] ‘‘Routine administrative actions physical, chemical, or biological change judicial or administrative civil or
such as (1) program planning, direction to the environment.’’ criminal enforcement actions which are
and evaluation, (2) administrative tasks, NOAA proposes to break out and outside the scope of NEPA in
services and support including revise a portion of CE 6.03c.3(d) to cover accordance with 40 CFR 1508.18(a).’’
personnel and fiscal management, certain mapping and surveying services NOAA proposes to break out a portion
advisory services, document and policy and activities. Many of these types of of CE 6.03c.3(d) to explicitly cover
preparation, and records management, activities are already covered in the enforcement operations. These types of
and (3) development, establishment, portion of the 1999 NAO 6.03c.3(d) in actions are already covered in the
and revisions to documents including, ‘‘mapping, charting, and surveying portion of the 1999 NAO 6.03c.3(d) in
but not limited to interagency services.’’ The CE is limited to activities ‘‘enforcement operations.’’ As noted in
agreements, memoranda of that do not involve major surface or the language of the CE, 40 CFR
understanding, memoranda of subsurface land disturbance and involve 1508.18(a) provides that major federal
agreement, cooperative agreements, and no permanent physical, chemical, or actions subject to NEPA do not include
university agreements. This CE does not biological change to environment. The ‘‘bringing judicial or administrative civil
include any associated activities Working Group determined these or criminal enforcement actions.’’
proposed in these documents beyond limitations were necessary to ensure the Accordingly, this CE only covers those
the administrative task of creating and activities encompassed by the CE have enforcement operations outside of this
establishing the document. Actions no potential for significant effects on the scope that would not otherwise be
subsequently funded by or undertaken environment under normal excluded from NEPA. The proposed
pursuant to the approved documents circumstances. revision to break out a portion of the
may require additional NEPA review at [G4.] ‘‘Basic environmental services 1999 CE does not result in any change
the time those actions are proposed.’’ and monitoring, such as weather in scope or applicability from the CE in
NOAA proposes to break out a portion observations, communications, the 1999 NAO.
of CE 6.03c.3(d) to explicitly cover analyses, and predictions; [G6.] ‘‘Actions that change the
program planning, direction and environmental satellite operations and NEXRAD radar coverage patterns that
evaluation; administrative tasks; services; digital and physical do not lower the lowest scan elevation
development, establishment and environmental data and information and do not result in direct scanning of
revisions to administrative documents, services; air and water quality previously non-scanned terrain by the
including interagency agreements, observations and analysis, and IT NEXRAD main beam.’’
memoranda of understanding, operations. All such activities must be NOAA proposes no substantive
memoranda of agreement, cooperative conducted within existing facilities.’’ changes to CE 6.03c.3(h). The phrase
agreements, and university agreements. [G4.] ‘‘Basic environmental services ‘‘actions that’’ was added for
Many of these types of activities are and monitoring, such as weather grammatical reasons. The proposed
already covered in the portion of the observations, communications, revision to break out a portion of the
1999 NAO 6.03c.3(d) in ‘‘program analyses, and predictions; 1999 CE does not result in any change
planning and budgeting, including environmental satellite operations and in scope or applicability from the CE in
strategic planning and operational services; digital and physical the 1999 NAO.
planning . . . executive direction; environmental data and information [G7.] ‘‘Preparation of policy
administrative services.’’ The proposed services; air and water quality directives, rules, regulations, and
revision to break out a portion of the observations and analysis, and IT guidelines of an administrative,
1999 CE does not result in a significant operations. All such activities must be financial, legal, technical, or procedural
change in scope or applicability from conducted within existing facilities.’’ nature, or for which the environmental
the CE in the 1999 NAO. NOAA proposes to break out a portion effects are too broad, speculative or
[G2.] ‘‘Routine movement of mobile of CE 6.03c.3(d) to explicitly cover conjectural to lend themselves to
assets, such as vessels and aircraft, for environmental satellite and meaningful analysis and will be subject
homeport reassignments or repair/ environmental data and information later to the NEPA process, either
overhaul, where no new support service activities, environmental service collectively or on a case-by-case basis.’’
facilities are required.’’ activities, and air quality observations NOAA proposes to break out a portion
asabaliauskas on DSK3SPTVN1PROD with NOTICES
NOAA proposes to break out a portion and analysis activities. These types of of CE 6.03c.3(i) to explicitly cover
of CE 6.03c.3(d) to explicitly cover activities are already covered in the policy directives, order, regulations, and
routine movement of mobile assets. portion of the 1999 NAO 6.03c.3(d) in guidance. These types of activities are
These types of activities are already ‘‘basic environmental services and already covered in the portion of the
covered in the portion of the 1999 NAO monitoring, such as weather 1999 NAO 6.03c.3(i) in ‘‘preparation of
6.03c.3(d) in ‘‘ship and aircraft observations, communications, regulations, Orders, manuals or other
operations.’’ The CE is limited to the analyses, and predictions; guidance that implement, but do not
routine movement of mobile assets for environmental satellite services; substantially change these documents’’
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![Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices 81073
and ‘‘policy directives, regulations, and orders, and policies. This includes, but accurately capture the type of action
guidelines of an administrative is not limited to, procurement of mobile covered.
financial, legal, technical, or procedures and portable equipment that is stored in [H4.] ‘‘Acquisition of real property
nature, or the environmental effects of existing structures or facilities.’’ (including fee simple estates,
which are too broad, speculative, or NOAA proposes to break out a portion leaseholds, and easements) that is not
conjectural to lend themselves to of CE 6.03c.3(e) and broaden the acquired through condemnation of a
meaningful analysis and will be subject coverage of the CE to include activities lease interest, and will not result in
later to the NEPA process, either to procure labor, equipment, materials, significant change in use and does not
collectively or case-by-case.’’ The and software necessary to execute involve construction or modification.’’
proposed revision to break out a portion NOAA’s mission, including, but not NOAA proposes to break out a portion
of the 1999 CE does not result in any limited to the purchase of mobile and of the CE in the 1999 NAO 6.03c.3(e) to
change in scope or applicability from portable equipment to be stored in explicitly cover procurement and lease
the CE in the 1999 NAO. existing structures or facilities. A of land. These types of activities are
[G8.] ‘‘Activities that are educational, portion of these activities are already already covered in the portion of the
informational, or advisory to other covered in the portion of the 1999 NAO 1999.
agencies, public and private entities, 6.0303.c(e) in ‘‘procurement contracts NAO 6.03c.3(e) in ‘‘acquisition of
visitors, individuals, or the general for NEPA documents.’’ land which is not in a floodplain or
public, including training exercises and other environmentally sensitive area
[H2.] ‘‘Procurement of space by
simulations.’’ and does not result in condemnation.’’
purchase or lease of or within an
NOAA proposes to break out a portion NOAA proposes to remove the portion
existing facility or structure in
of CE 6.03c.3(i) to explicitly cover of the CE explicitly stating ‘‘which is
accordance with applicable
educational, informational, advisory, not in a floodplain or other
procurement regulations, executive
and consultative activities. These types environmentally sensitive area.’’ NOAA
orders, and policies when there is no
of activities are already covered in the revised its extraordinary circumstances
change in the general type of use, no
portion of the 1999 NAO 6.03c.3(i) in to include environmental, historic, or
new construction of buildings or
‘‘activities which are educational, cultural unique areas and floodplains,
utilities, and minimal change in design and therefore no longer required the text
informational, advisory, or consultative
from the previous occupancy level.’’ to be explicit within this CE. The
to other agencies, public and private
NOAA proposes to break out a portion proposed revision to break out a portion
entities, visitors, individuals or the
of CE 6.03c.3(e) to explicitly cover of the 1999 CE does not result in any
general public.’’ The Working Group
determined that expressly including procurement by purchase or lease of change in scope or applicability from
training exercises and simulations in the space within a previously occupied the CE in the 1999 NAO.
text of the CE clarified its scope and structure. These types of activities are [H5.] ‘‘Granting easements or rights of
applicability for decision makers. The already covered in the portion of the entry to use NOAA controlled property
proposed revision to break out a portion 1999 NAO 6.03c.3(e) in ‘‘acquisitions of for activities that, if conducted by
of the 1999 CE does not result in any space within an existing previously NOAA, could be categorically excluded.
change in scope or applicability from occupied structure, either by purchase Grants of easements or rights-of-way for
the CE in the 1999 NAO. or lease, where no change in the general the use of NOAA controlled real
[G9.] ‘‘Actions taken to identify, type or use and minimal change from property complementing the use of
determine sources of, assess, prevent, previous occupancy level is proposed.’’ existing rights-of-way or real property
reduce, remove, dispose, or recycle The proposed revision to break out a use for use by vehicles (not to include
marine debris when removal is portion of the 1999 CE does not result significant increases in vehicle loading);
undertaken in a non-destructive manner in any change in scope or applicability electrical, telephone, and other
and actions are in accordance with from the CE in the 1999 NAO. transmission and communication lines;
Federal, State, and local laws and [H3.] ‘‘Outgranting of government- water, wastewater, stormwater, and
regulations for environmental controlled property in accordance with irrigation pipelines, pumping stations,
protection, and where all relevant applicable regulations, executive orders, and facilities; and similar utility and
regulatory consultation, and/or permit and policies to a Federal entity for any transportation uses.’’
requirements have been satisfied.’’ purpose consistent with the existing NOAA proposes to create a new
NOAA proposes a new CE to cover land or facility use or to a non-Federal categorical exclusion to encompass the
actions taken to identify, determine entity, when the use will remain activity of granting an easement or right
sources of, assess, prevent, reduce, substantially the same.’’ of entry to use NOAA-controlled
remove, dispose, or recycle marine NOAA proposes to break out a portion property for activities that could be
debris. The CE is limited by the of the CE in the 1999 NAO 6.03c.3(e) to categorically excluded if conducted by
requirement that actions encompassed explicitly cover outgranting of NOAA.
by the CE must be undertaken in a non- government-controlled space. These [H6.] ‘‘Relocation of employees into
destructive manner and in accordance types of activities are already covered in existing Federally-owned or
with Federal, State, and local laws and the portion of the 1999 NAO 6.03c.3(e) commercially leased office space within
regulations for environmental protection in ‘‘out-lease or license of government- the same metropolitan area not
and all relevant regulatory consultation controlled space, or sublease of involving a substantial increase in the
government-leased space to a non- number of motor or other vehicles at a
asabaliauskas on DSK3SPTVN1PROD with NOTICES
and/or permit requirements have been
satisfied. Federal tenant when the use will remain facility.’’
substantially the same.’’ The proposed NOAA proposes to break out a portion
Acquisition and Leasing Actions revision to break out a portion of the of CE 6.03c.3(e) to explicitly cover
[H1.] ‘‘Procurement of labor, 1999 CE does not result in any change relocation of employees. These types of
equipment, materials, data and software in scope or applicability from the CE in actions are already covered in the
needed to execute mission requirements the 1999 NAO; the change in portion of the 1999 NAO 9.03c.3(e) in
in accordance with applicable terminology from ‘‘out-lease’’ to ‘‘relocation of employees into existing
procurement regulations, executive outgranting is intended to more Federally-owned or commercially
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![81074 Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices
leased office space within the same DATES: This listing determination is ESA as either threatened or endangered
metropolitan area not involving a made as of November 17, 2016. is not warranted because the seals do
substantial number of employees or a ADDRESSES: This finding and supporting not constitute a distinct population
substantial increase in the number of information are available on our Web segment (DPS) and thus are not a
motor vehicles at a facility.’’ The page at: https:// separate ‘‘species,’’ as the ESA defines
proposed revision to break out a portion alaskafisheries.noaa.gov/pr/harbor- that term. Speficically, while we
of the 1999 CE does not result in any seals. Supporting documentation used conclude that the seals are a discrete
change in scope or applicability from in preparing this listing determination is population, the best scientific and
the CE in the 1999 NAO. available for public inspection, by commercial data available suggest that
[H7.] ‘‘Transferring real property to a appointment, during normal business they are not significant to the greater
non-Federal entity, an agency other than hours at the office of NMFS Alaska taxon to which they belong, i.e., the
GSA, as well as to States, local agencies Region, Protected Resources Division, eastern North Pacific harbor seal
and Indian Tribes, including return of 709 West 9th Street, Room 461, Juneau, subspecies (Phoca vitulina richardii).
public domain lands to the Department AK 99801. This documentation includes ESA Statutory, Regulatory, and Policy
of the Interior.’’ the petition, the Biological Review Considerations
NOAA proposes a new CE to cover Team’s DPS report, information
the transfer of real property to a federal Section 3 of the ESA defines a
provided by the public and interested
agency other than the General Services ‘‘species’’ as ‘‘any subspecies of fish or
parties, and scientific and commercial
Administration as well as to a non- wildlife or plants, and any distinct
data gathered for the review.
Federal entity, including States, local population segment of any species of
FOR FURTHER INFORMATION CONTACT: vertebrate fish or wildlife which
agencies, and Indian tribes. This Mandy Migura, NMFS Alaska Region,
proposed CE also applies to the return interbreeds when mature.’’ Section 3 of
(907) 271–1332; Jon Kurland, NMFS the ESA further defines an endangered
of public domain lands to the Alaska Region, (907) 586–7638; or Lisa
Department of the Interior. species as ‘‘any species which is in
Manning, NMFS Office of Protected danger of extinction throughout all or a
Dated: November 9, 2016. Resources, (301) 427–8466. significant portion of its range’’ and a
Lois J. Schiffer, SUPPLEMENTARY INFORMATION: threatened species as one ‘‘which is
General Counsel, National Oceanic and likely to become an endangered species
Atmospheric Administration. Background
within the foreseeable future throughout
[FR Doc. 2016–27567 Filed 11–16–16; 8:45 am] On November 19, 2012, we received all or a significant portion of its range.’’
BILLING CODE 3510–12–P a petition submitted by the Center for Thus, we interpret an ‘‘endangered
Biological Diversity (CBD) to list the species’’ to be one that is presently in
harbor seals in Iliamna Lake, Alaska as danger of extinction. A ‘‘threatened
DEPARTMENT OF COMMERCE a threatened or endangered species species,’’ on the other hand, is not
under the ESA, and to designate critical presently in danger of extinction, but is
National Oceanic and Atmospheric habitat concurrent with listing. CBD likely to become so in the foreseeable
Administration asserted that the harbor seals found in future. In other words, the primary
[Docket No. 121120640–6943–02] Iliamna Lake constitute a DPS of Pacific statutory difference between a
harbor seals and contended that the threatened and endangered species is
RIN 0648–XC365 seals in Iliamna Lake face threats the timing of when a species may be in
warranting protection as a listed species danger of extinction, either presently
Endangered and Threatened Wildlife;
under the ESA. Iliamna Lake is the (endangered) or in the foreseeable future
Determination on Whether To List the
largest freshwater lake in Alaska and is (threatened).
Harbor Seals in Iliamna Lake, Alaska
connected to the Bristol Bay region of Under section 4(a)(1) of the ESA, we
as a Threatened or Endangered
the Bering Sea by the Kvichak River. must determine whether a species is
Species On May 17, 2013 (78 FR 29098), we threatened or endangered because of
AGENCY: National Marine Fisheries found that the petition presented any one or a combination of the
Service (NMFS), National Oceanic and substantial information indicating that following factors: (A) The present or
Atmospheric Administration (NOAA), listing the seals in Iliamna Lake under threatened destruction, modification, or
Commerce. the ESA may be warranted, and we curtailment of its habitat or range; (B)
ACTION: Notice of a listing requested comments from the public to overutilization for commercial,
determination. inform our status review, and to help us recreational, scientific, or educational
determine whether these seals should be purposes; (C) disease or predation; (D)
SUMMARY: We, NMFS, have completed listed as threatened or endangered. To inadequacy of existing regulatory
our review of the status of eastern North assist with our status review, we mechanisms; or (E) other natural or
Pacific harbor seals (Phoca vitulina convened a Biological Review Team human-made factors affecting its
richardii) in Iliamna Lake, Alaska. Our (BRT), composed of federal scientists continued existence. We must make this
review was in response to a petition to with expertise in marine mammal determination based solely on the best
list these seals as threatened or biology and marine mammal genetics, to scientific and commercial data available
endangered under the Endangered review the available information about after conducting a review of the status
Species Act (ESA). Based on the best the status of the species, and provide an of the species and taking into account
asabaliauskas on DSK3SPTVN1PROD with NOTICES
scientific and commercial information assessment regarding the seals in those efforts being made by states or
available, we conclude that the seals in Iliamna Lake. The BRT compiled foreign governments to protect the
Iliamna Lake do not constitute a species, information about the harbor seals in species.
subspecies, or distinct population Iliamna Lake in a DPS Report (Boveng The first step in determining whether
segment (DPS) under the ESA. As a et al., 2016). the harbor seals in Iliamna Lake warrant
result, we conclude that listing the In this notice, we announce our listing under the ESA is to assess if they
harbor seals in Iliamna Lake, Alaska is finding that the petitioned action to list meet the ESA’s definition of ‘‘species.’’
not warranted. harbor seals in Iliamna Lake under the Although there has been speculation
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Document Created: 2016-11-17 02:59:26
Document Modified: 2016-11-17 02:59:26
| 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 | Notices | |
| Action | Notice of availability; request for comments. | |
| Dates | Comments on the revised NEPA procedures must be received by December 19, 2016. | |
| Contact | Please send questions by email to [email protected]; or contact Rachel Lipsy at 301-427-8247. | |
| FR Citation | 81 FR 81066 | |
| RIN Number | 0648-XF03 |
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