81 FR 87803 - Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 234 (December 6, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 234 (December 6, 2016)
| Page Range | 87803-87804 | |
| FR Document | 2016-29234 |
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)] [Rules and Regulations] [Pages 87803-87804] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29234] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket Number 160413330-6330-01] RIN 0648-BF99 Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Final rule; delay of effectiveness for discharge requirements with regard to U.S. Coast Guard activities. ----------------------------------------------------------------------- SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The final rule entered into effect on June 9, 2015. At that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries' regulations in the areas added to GFNMS and CBNMS boundaries in 2015 with regard to U.S. Coast Guard activities for 6 months. Since then, NOAA published two notices to extend the postponement of the discharge requirements to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate. This extension would end on December 9, 2016. This document extends the postponement of the discharge requirements for these activities for another 6 months for the same reasons. DATES: The effectiveness for the discharge requirements in both CBNMS and GFNMS expansion areas with regard to U.S. Coast Guard activities is June 9, 2017. ADDRESSES: Copies of the FEIS, final management plans, and the final rule published on March 12, 2015, can be viewed or downloaded at http://farallones.noaa.gov/manage/expansion_cbgf.html. FOR FURTHER INFORMATION CONTACT: Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622. [[Page 87804]] SUPPLEMENTARY INFORMATION: I. Background On March 12, 2015, NOAA expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule (80 FR 13078). The final rule entered into effect on June 9, 2015 (80 FR 34047). To ensure that the March 12, 2015, rule does not undermine USCG's ability to perform its duties, at that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries' regulations with regard to U.S. Coast Guard (USCG) activities for 6 months. Two additional six month postponements of the effectiveness of the discharge requirements were published in the Federal Register on December 1, 2015 (80 FR 74985) and May 31, 2016 (81 FR 34268), to provide adequate time for completion of an environmental assessment and to determine NOAA's next steps. Without further NOAA action, the discharge regulations would become effective with regard to USCG activities December 9, 2016. However, NOAA needs more time to develop alternatives for an environmental assessment developed pursuant to the requirements of the National Environmental Policy Act. Therefore, this notice postpones the effectiveness of the discharge requirements in the expansion areas of both sanctuaries with regard to USCG activities for another 6 months, until June 9, 2017. During this time, NOAA will continue to consider how to address USCG's concerns and, among other things, whether to exempt certain USCG activities in sanctuary regulations. The public, other federal agencies, and interested stakeholders will be given an opportunity to comment on various alternatives that are being considered. This will include the opportunity to review any proposed rule and related environmental analysis. In the course of the rule making to expand GFNMS and CBNMS, NOAA learned from USCG that the discharge regulations had the potential to impair the operations of USCG vessels and air craft conducting law enforcement and on-water training exercises in GFNMS and CBNMS. The USCG supports national marine sanctuary management by providing routine surveillance and dedicated law enforcement of the National Marine Sanctuaries Act and sanctuary regulations. II. Classification A. National Environmental Policy Act NOAA previously conducted an environmental analysis under the National Environmental Policy Act (NEPA) as part of the rulemaking process leading to the expansion of CBNMS and GFNMS, which addressed regulations regarding the discharge of any matter or material in the sanctuaries. The environmental impacts of the decision to postpone effectiveness reflect a continuation of the environmental baseline and the no action alternative presented in that analysis. Should NOAA decide to amend the regulations governing discharges for USGS activities in CBNMS and GFNMS, any additional environmental analysis required under NEPA would be prepared and released for public comment. B. Executive Order 12866: Regulatory Impact This action has been determined to be not significant for purposes of the meaning of Executive Order 12866. C. Administrative Procedure Act The Assistant Administrator of National Ocean Service (NOS) finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive the notice and comment requirements of the Administrative Procedure Act (APA) because this action is administrative in nature. This action postpones the effectiveness of the discharge requirements in the regulations for CBNMS and GFNMS in the areas added to the sanctuaries' boundaries in 2015 (subject to notice and comment review) with regard to U.S. Coast Guard activities for 6 months to provide adequate time for public scoping, completion of an environmental assessment, and subsequent rulemaking, as appropriate. Should NOAA decide to amend the regulations governing discharges in CBNMS and GFNMS, it would publish a proposed rule followed by an appropriate public comment period as required by the APA. The substance of the underlying regulations remains unchanged. Therefore, providing notice and opportunity for public comment under the Administrative Procedure Act would serve no useful purpose. The delay in effectiveness provided by this action will also enable NOAA to fully implement its statutory responsibilities under the NMSA to protect resources of a national marine sanctuary. For the reasons above, the Assistant Administrator also finds good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness and make this action effective immediately upon publication. Authority: 16 U.S.C. 1431 et seq. Dated: December 1, 2016. W. Russell Callender, Assistant Administrator for Ocean Services and Coastal Management. [FR Doc. 2016-29234 Filed 12-5-16; 8:45 am] BILLING CODE 3510-NK-P
![Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations 87803
the VOR/DME will coincide with the accordance with FAAO 1050.1F, DEPARTMENT OF COMMERCE
effective date of this rulemaking action. paragraph 5–2 regarding Extraordinary
Domestic VOR Federal airways are Circumstances, this action has been National Oceanic and Atmospheric
published in paragraph 6010(a) of FAA reviewed for factors and circumstances Administration
Order 7400.11A dated August 3, 2016 in which a normally categorically
and effective September 15, 2016, which excluded action may have a significant 15 CFR Part 922
is incorporated by reference in 14 CFR environmental impact requiring further [Docket Number 160413330–6330–01]
71.1. The Domestic VOR Federal analysis, and it is determined that no
airways listed in this document will be extraordinary circumstances exist that RIN 0648–BF99
published subsequently in the Order. warrant preparation of an
Since this action merely involves Delay of Discharge Requirements for
environmental assessment.
editorial changes in the legal U.S. Coast Guard Activities in Greater
description of a VOR Federal airway, Lists of Subjects in 14 CFR Part 71 Farallones and Cordell Bank National
and does not involve a change in the Airspace, Incorporation by reference, Marine Sanctuaries
dimensions or operating requirements of Navigation (air). AGENCY: Office of National Marine
that airspace, notice and public Sanctuaries (ONMS), National Ocean
procedure under 5 U.S.C. 553(b) are Adoption of the Amendment
Service (NOS), National Oceanic and
unnecessary. In consideration of the foregoing, the Atmospheric Administration (NOAA),
Federal Aviation Administration Department of Commerce (DOC).
Regulatory Notices and Analyses amends 14 CFR part 71 as follows:
ACTION: Final rule; delay of effectiveness
The FAA has determined that this
regulation only involves an established PART 71—DESIGNATION OF CLASS A, for discharge requirements with regard
body of technical regulations for which B, C, D, AND E AIRSPACE AREAS; AIR to U.S. Coast Guard activities.
frequent and routine amendments are TRAFFIC SERVICE ROUTES; AND SUMMARY: The National Oceanic and
necessary to keep them operationally REPORTING POINTS Atmospheric Administration (NOAA)
current. It, therefore: (1) Is not a expanded the boundaries of Gulf of the
‘‘significant regulatory action’’ under ■1. The authority citation for part 71 is
Farallones National Marine Sanctuary
Executive Order 12866; (2) is not a amended to read as follows:
(now renamed Greater Farallones
‘‘significant rule’’ under Department of Authority: 49 U.S.C. 106(f), 106(g); 40103, National Marine Sanctuary or GFNMS)
Transportation (DOT) Regulatory 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, and Cordell Bank National Marine
Policies and Procedures (44 FR 11034; 1959–1963 Comp., p.389
Sanctuary (CBNMS) to an area north
February 26, 1979); and (3) does not § 71.1 [Amended] and west of their previous boundaries
warrant preparation of a regulatory with a final rule published on March 12,
evaluation as the anticipated impact is ■ 2. The incorporation by reference in
2015. The final rule entered into effect
so minimal. Since this is a routine 14 CFR 71.1 of FAA Order 7400.11A,
on June 9, 2015. At that time, NOAA
matter that only affects air traffic Airspace Designations and Reporting
postponed the effectiveness of the
procedures and air navigation, it is Points, dated August 3, 2016 and
discharge requirements in both
certified that this rule, when effective September 15, 2016, is
sanctuaries’ regulations in the areas
promulgated, does not have a significant amended as follows:
added to GFNMS and CBNMS
economic impact on a substantial Paragraph 6010(a) Domestic VOR Federal boundaries in 2015 with regard to U.S.
number of small entities under the Airways. Coast Guard activities for 6 months.
criteria of the Regulatory Flexibility Act. * * * * * Since then, NOAA published two
Environmental Review V–235 [Amended] notices to extend the postponement of
the discharge requirements to provide
The FAA has determined that this From Peach Springs, AZ; Mormon Mesa,
adequate time for completion of an
action qualifies for categorical exclusion NV, via INT Mormon Mesa 059° and Enoch,
UT, 197° radials; Enoch; Milford, UT; Delta, environmental assessment, and
under the National Environmental subsequent rulemaking, as appropriate.
Policy Act, and its agency implementing UT; Fairfield, UT; 10 miles, 15 miles, 135
MSL, 46 miles, 125 MSL; Fort Bridger, WY. This extension would end on December
regulations in FAA Order 1050.1F, From Rock Springs, WY; 20 miles, 41 miles, 9, 2016. This document extends the
‘‘Environmental Impacts: Policies and 92 MSL, 37 miles, 107 MSL; Muddy postponement of the discharge
Procedures’’ regarding categorical Mountain, WY; to Newcastle, WY. requirements for these activities for
exclusions for procedural actions at * * * * * another 6 months for the same reasons.
paragraph 5–6.5a, which categorically
V–293 [Amended] DATES: The effectiveness for the
excludes from full environmental
impact review actions that are From Grand Canyon, AZ, via Page, AZ; INT
discharge requirements in both CBNMS
rulemaking actions that designate or Page 340° and Bryce Canyon, UT; 120° and GFNMS expansion areas with
modify classes of airspace areas, radials; Bryce Canyon; Enoch, UT; 37 miles, regard to U.S. Coast Guard activities is
airways, routes, and reporting points 108 MSL Wilson Creek, NV; 5 miles, 108 June 9, 2017.
MSL, 37 miles, 115 MSL, Ely, NV; 125 MSL ADDRESSES: Copies of the FEIS, final
(see 14 CFR part 71, Designation of Bullion, NV; 28 miles, 57 miles, 99 MSL,
Class A, B, C, D, and E Airspace areas; management plans, and the final rule
Twin Falls, ID; 37 miles, 33 miles, 87 MSL, published on March 12, 2015, can be
Air Traffic Service Routes; and 76 miles, 113 MSL, 99 MSL Donnelly, ID.
Reporting Points). This name change viewed or downloaded at http://
* * * * *
mstockstill on DSK3G9T082PROD with RULES
action which amends the legal farallones.noaa.gov/manage/expansion_
description of the Very High Frequency Issued in Washington, DC, November 29, cbgf.html.
Omnidirectional Range (VOR) Federal 2016.
FOR FURTHER INFORMATION CONTACT:
Airways V–235 and V–293 in the Leslie M. Swann, Maria Brown, Greater Farallones
vicinity of Cedar City, UT is not Acting Manager, Airspace Policy Group. National Marine Sanctuary
expected to cause any potentially [FR Doc. 2016–29143 Filed 12–5–16; 8:45 am] Superintendent, at Maria.Brown@
significant environmental impacts. In BILLING CODE 4910–13–P noaa.gov or 415–561–6622.
VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1](https://thefederalregister.org/doc/81_FR_88037/page/1.svg)
![87804 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations
SUPPLEMENTARY INFORMATION: II. Classification day delay in effectiveness and make this
action effective immediately upon
I. Background A. National Environmental Policy Act
publication.
NOAA previously conducted an
On March 12, 2015, NOAA expanded Authority: 16 U.S.C. 1431 et seq.
environmental analysis under the
the boundaries of Gulf of the Farallones National Environmental Policy Act Dated: December 1, 2016.
National Marine Sanctuary (now (NEPA) as part of the rulemaking W. Russell Callender,
renamed Greater Farallones National process leading to the expansion of Assistant Administrator for Ocean Services
Marine Sanctuary or GFNMS) and CBNMS and GFNMS, which addressed and Coastal Management.
Cordell Bank National Marine Sanctuary regulations regarding the discharge of [FR Doc. 2016–29234 Filed 12–5–16; 8:45 am]
(CBNMS) to an area north and west of any matter or material in the BILLING CODE 3510–NK–P
their previous boundaries with a final sanctuaries. The environmental impacts
rule (80 FR 13078). The final rule of the decision to postpone effectiveness
entered into effect on June 9, 2015 (80 reflect a continuation of the
FR 34047). To ensure that the March 12, DEPARTMENT OF HOMELAND
environmental baseline and the no SECURITY
2015, rule does not undermine USCG’s action alternative presented in that
ability to perform its duties, at that time, analysis. Should NOAA decide to U.S. Customs and Border Protection
NOAA postponed the effectiveness of amend the regulations governing
the discharge requirements in both discharges for USGS activities in DEPARTMENT OF THE TREASURY
sanctuaries’ regulations with regard to CBNMS and GFNMS, any additional
U.S. Coast Guard (USCG) activities for 6 environmental analysis required under 19 CFR Part 12
months. Two additional six month NEPA would be prepared and released
postponements of the effectiveness of for public comment. [CBP Dec. 16–24]
the discharge requirements were B. Executive Order 12866: Regulatory RIN 1515–AE20
published in the Federal Register on Impact
December 1, 2015 (80 FR 74985) and Extension of Import Restrictions
May 31, 2016 (81 FR 34268), to provide This action has been determined to be Imposed on Certain Archaeological
adequate time for completion of an not significant for purposes of the and Ethnological Materials From the
environmental assessment and to meaning of Executive Order 12866. Plurinational State of Bolivia
determine NOAA’s next steps. Without C. Administrative Procedure Act AGENCY: U.S. Customs and Border
further NOAA action, the discharge The Assistant Administrator of Protection; Department of Homeland
regulations would become effective with National Ocean Service (NOS) finds Security; Department of the Treasury.
regard to USCG activities December 9, good cause pursuant to 5 U.S.C. ACTION: Final rule.
2016. However, NOAA needs more time 553(b)(B) to waive the notice and
to develop alternatives for an comment requirements of the SUMMARY: This final rule amends the
environmental assessment developed Administrative Procedure Act (APA) U.S. Customs and Border Protection
pursuant to the requirements of the because this action is administrative in (CBP) regulations to reflect an extension
National Environmental Policy Act. nature. This action postpones the of import restrictions on certain
Therefore, this notice postpones the effectiveness of the discharge archaeological and ethnological
effectiveness of the discharge requirements in the regulations for materials from the Plurinational State of
requirements in the expansion areas of CBNMS and GFNMS in the areas added Bolivia (‘‘Bolivia’’). The restrictions,
both sanctuaries with regard to USCG to the sanctuaries’ boundaries in 2015 which were originally imposed by
activities for another 6 months, until (subject to notice and comment review) Treasury Decision (T.D.) 01–86 and last
June 9, 2017. During this time, NOAA with regard to U.S. Coast Guard extended by CBP Dec. 11–24, are due to
will continue to consider how to activities for 6 months to provide expire on December 4, 2016. The
address USCG’s concerns and, among adequate time for public scoping, Assistant Secretary for Educational and
other things, whether to exempt certain completion of an environmental Cultural Affairs, United States
USCG activities in sanctuary assessment, and subsequent rulemaking, Department of State, has determined
regulations. The public, other federal as appropriate. Should NOAA decide to that conditions continue to warrant the
agencies, and interested stakeholders amend the regulations governing imposition of import restrictions.
will be given an opportunity to discharges in CBNMS and GFNMS, it Accordingly, these import restrictions
comment on various alternatives that would publish a proposed rule followed will remain in effect for an additional
are being considered. This will include by an appropriate public comment five years, and the CBP regulations are
the opportunity to review any proposed period as required by the APA. The being amended to reflect this extension
rule and related environmental analysis. substance of the underlying regulations through December 4, 2021. These
In the course of the rule making to remains unchanged. Therefore, restrictions are being extended pursuant
expand GFNMS and CBNMS, NOAA providing notice and opportunity for to determinations of the United States
learned from USCG that the discharge public comment under the Department of State made under the
regulations had the potential to impair Administrative Procedure Act would terms of the Convention on Cultural
the operations of USCG vessels and air serve no useful purpose. The delay in Property Implementation Act in
craft conducting law enforcement and effectiveness provided by this action accordance with the United Nations
mstockstill on DSK3G9T082PROD with RULES
on-water training exercises in GFNMS will also enable NOAA to fully Educational, Scientific and Cultural
and CBNMS. The USCG supports implement its statutory responsibilities Organization (UNESCO) Convention on
national marine sanctuary management under the NMSA to protect resources of the Means of Prohibiting and Preventing
by providing routine surveillance and a national marine sanctuary. For the the Illicit Import, Export and Transfer of
dedicated law enforcement of the reasons above, the Assistant Ownership of Cultural Property. T.D.
National Marine Sanctuaries Act and Administrator also finds good cause 01–86 contains the Designated List of
sanctuary regulations. under 5 U.S.C. 553(d) to waive the 30- archaeological and ethnological
VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\06DER1.SGM 06DER1](https://thefederalregister.org/doc/81_FR_88037/page/2.svg)
Document Created: 2016-12-06 02:18:40
Document Modified: 2016-12-06 02:18:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; delay of effectiveness for discharge requirements with regard to U.S. Coast Guard activities. | |
| Dates | The effectiveness for the discharge requirements in both CBNMS and GFNMS expansion areas with regard to U.S. Coast Guard activities is June 9, 2017. | |
| Contact | Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622. | |
| FR Citation | 81 FR 87803 | |
| RIN Number | 0648-BF99 |
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