81_FR_81288 81 FR 81066 - Revised National Environmental Policy Act Implementing Procedures

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)

Page Range81066-81074
FR Document2016-27567

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.

Federal Register, Volume 81 Issue 222 (Thursday, November 17, 2016)
[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]


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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.

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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



                                                    81066                     Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

                                                      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
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                                                    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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                                                                              Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices                                         81069

                                                    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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                                                    81070                     Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

                                                    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
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                                                    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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                                                                              Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices                                             81071

                                                       [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
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                                                       [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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                                                    81072                     Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

                                                    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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability; request for comments.
DatesComments on the revised NEPA procedures must be received by December 19, 2016.
ContactPlease send questions by email to [email protected]; or contact Rachel Lipsy at 301-427-8247.
FR Citation81 FR 81066 
RIN Number0648-XF03

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