81 FR 879 - Notice of Intent To Review Monitor National Marine Sanctuary Boundary
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 5 (January 8, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 5 (January 8, 2016)
| Page Range | 879-881 | |
| FR Document | 2015-33169 |
[Federal Register Volume 81, Number 5 (Friday, January 8, 2016)] [Proposed Rules] [Pages 879-881] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-33169] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules [[Page 879]] DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 Notice of Intent To Review Monitor National Marine Sanctuary Boundary AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of intent to review boundaries; intent to prepare environmental impact statement; hold scoping meetings. ----------------------------------------------------------------------- SUMMARY: In accordance with section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is reviewing the Monitor National Marine Sanctuary (MNMS or sanctuary) boundaries in order to evaluate and consider the benefits, need and impact of expanding the sanctuary's boundaries to include additional submerged maritime cultural and archaeologic resources as described in the February 2013 Monitor National Marine Sanctuary Final Management Plan and Environmental Assessment. This review process will be conducted per the National Environmental Policy Act (NEPA) and section 106 of the National Historic Preservation Act (NHPA). DATES: Comments must be received by March 18, 2016. Public scoping meetings will be held on the following dates: 1. February 9, 2016 2. February 10, 2016 3. February 11, 2016 4. February 16, 2016 5. February 17, 2016 ADDRESS: Comments may be submitted by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal eRulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NOS-2015-0165, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: David Alberg, Superintendent, Monitor National Marine Sanctuary, 100 Museum Drive, Newport News, VA 23606-3759. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NOAA. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (for example, name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily submitted by the commenter will be publicly accessible. NOAA will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: David Alberg, Superintendent, Monitor National Marine Sanctuary, (757) 591-7326. SUPPLEMENTARY INFORMATION: Public scoping meetings will be held as detailed below: (1) Raleigh, NC Date: Tuesday, February 9, 2016, 6:00 p.m.-9:00 p.m. Location: North Carolina Museum of History Address: 5 East Edenton St., Raleigh, NC 27601 (2) Beaufort, NC Date: Wednesday, February 10, 2016, 6:00 p.m.-9:00 p.m. Location: North Carolina Maritime Museum Address: 315 Front St., Beaufort, NC 28516 (3) Hatteras, NC Date: Thursday, February 11, 2016, 6:00 p.m.-9:00 p.m. Location: Graveyard of the Atlantic Museum Address: 59200 Museum Dr., Hatteras, NC 27943 (4) Washington, DC Date: Tuesday, February 16, 2016, 6:00 p.m.-9:00 p.m. Location: United States Navy Memorial, Main Auditorium Address: 701 Pennsylvania Ave. NW., Washington, DC 20004 (5) Nags Head, NC Date: Wednesday, February 17, 2016, 6:00 p.m.-9:00 p.m. Location: Jennette's Pier, Oceanview Hall Address: 7223 S. Virginia Dare Trail, Nags Head, NC 27959 I. Background MNMS was designated the nation's first national marine sanctuary in 1975. The site protects the wreck of the famed Civil War ironclad USS MONITOR, best known for its 1862 battle with the Confederate ironclad CSS VIRGINIA at Hampton Roads, VA. It is located approximately 16 miles southeast of Cape Hatteras, North Carolina, where it sank in a storm while under tow on December 31, 1862 with the loss of sixteen sailors. The vessel was the prototype for a class of U.S. Civil War ironclad, turreted warships that significantly altered both naval technology and marine architecture in the nineteenth century. The shipwreck and its contents comprise an irreplaceable historical record and represent a monument to the American naval tradition that the vessel itself helped to create. The sanctuary consists of a column of water one mile in diameter extending from the seabed to the surface, surrounding the shipwreck. The highest priority management goal for the sanctuary is resource protection through comprehensive and coordinated conservation of the wreck and its surroundings. An important part of our nation's history, the USS MONITOR, the archaeological information at the site, the artifact collection, and the USS MONITOR's records are all part of the sanctuary's resources. The waters of coastal North Carolina contain some of the most significant shipwrecks in the United States and represent an ideal location to study and preserve nationally significant historic wreck sites that include vessels and other artifacts dating back to the Age of North American Exploration, the Revolutionary War, the Civil War and World War II among others. The Expansion Working Group, as the basis for their recommended expansion models, has considered four broad [[Page 880]] thematic categories, which include: (1) The Colonial and Pre-Contact Period, (2) Commerce, (3) Conflict, and (4) Coastal Heritage. Veterans groups, historians, archaeologists, divers, the preservation community, the general public and the MNMS Sanctuary Advisory Council (SAC) have asked NOAA to consider expansion of the sanctuary as a means to protect and conserve these wrecks for current and future generations. The topic of possible boundary expansion was a primary point of discussion during a series of scoping and public hearings held in 2008 as part of the sanctuary's management plan review process. In 2009, the MNMS SAC voted unanimously to recommend that sanctuary management establish an expansion working group to examine the implications of possible future expansion of the sanctuary's boundaries. The working group recommended NOAA formally evaluate and assess an expansion of existing boundaries to protect, manage, and interpret additional historic shipwrecks and other potential maritime heritage resources that are located or believed to be located in the adjacent waters of North Carolina in an area known as the ``Graveyard of the Atlantic''. The sanctuary's final management plan (completed in 2013 and available at http://monitor.noaa.gov/management/2013-plan.html) included the following strategy: ``Evaluate and consider the benefits, need, and impact of a future boundary expansion of MNMS to include additional submerged cultural resources.'' The expansion working group presented possible expansion models to the MNMS SAC and the public at the June 5, 2014 SAC meeting. Subsequently, a motion that the SAC consider the working group models passed on October 1, 2015 to submit them to NOAA for consideration as possible templates for expansion. A detailed narrative of each of the models as well as further information regarding the MNMS in general can be found at http://monitor.noaa.gov/management/expansion.html. Each model is briefly described below. Model A: Includes isolated shipwreck sites. Boundaries would be restricted to select wreck sites and separate from each other. Under this model, some examples of sites which might be included are: USS YP- 389, U-85, U-352, U-701, HMT Bedfordshire, Diamond Shoals Lightship, and E.M. Clark (this is a sample list only and may include additional wrecks). This model would include wrecks listed on the National Register of Historic Places, state craft, military gravesites and other individual wrecks of historic significance. Under the SAC's recommendation, State waters would not be included. Model B: Includes a small area centered around the waters off Cape Hatteras. Boundaries could be established to include several wrecks and adjacent waters and culturally significant features in the landscape, such as Diamond Shoals (Cultural Landscapes are further defined here http://monitor.noaa.gov/pdfs/gota-final.pdf). Selected wrecks represent many historic themes, including the period of North American exploration, several conflicts and commerce. This model includes at least 65 known shipwrecks within Federal waters. The recommendations from the Working Group recommended that the inclusion of state waters be considered based on public input and further discussions with the State. If during the public scoping process it is determined to include state waters in the expanded area (denoted by the blue strip designating state waters in each model) many more shipwrecks would be located within the boundaries. The combined collection of resources in federal and state waters in this model are representative of a wide range of previously identified historical themes: Colonial and Pre- Contact, the History of Maritime Commerce, Conflict and War Along the Coast, and Coastal Heritage (fishing, lifesaving service, local watermen). Model C: Includes a larger area also centered off Cape Hatteras that incorporates many historically significant wrecks in federal waters with the potential for include of state waters based upon future public input and discussions with the State as described in Model B above. This model includes sanctuary boundaries surrounding individual wreck sites, and further surrounded by a larger study area. If other historically significant wrecks are discovered within this study area in the future NOAA could consider adding these wrecks to the MNMS through a future public process. This area encompasses the majority of the most historically significant wrecks (as determined by the criteria of the National Historic Preservation Act) in the waters off Cape Hatteras (at least 75 known wrecks in Federal waters with at least 175 additional sites in adjacent state waters), several representative wrecks from multiple periods of history and cultural significance. The area in between known sites would be designed as a `study area' allowing for inclusion of sites as they are identified. Model D: Model includes three specific areas, each exhibiting both a representative collection of wrecks in Federal and potentially State waters from many eras and vessel types, and the primary historically significant wrecks off of the Outer Banks. This model includes a collection of at least 100 known wrecks representing all identified thematic areas of cultural significance in the region. The recommendations from the Working Group recommended that the inclusion of state waters be considered based on public input and further discussions with the State as described in Models B and C above. II. Need for Action NOAA is initiating a review of MNMS boundaries to evaluate the benefits and effects of potential sanctuary expansion. This action is being taken to elevate and promote these resources and their history; to facilitate better protection and management of these nationally important resources under the National Marine Sanctuaries Act (NMSA); to better coordinate maritime heritage resource management with other current and potential users of these waters; to increase the scope of submerged archaeological research; to create educational opportunities for the public; and to potentially benefit local coastal communities through increased tourism and economic growth. III. Process The process for considering changes to MNMS is composed of four primary stages: 1. Scoping, including information collection and characterization, and the consideration of public comments; 2. Preparation and release of a draft environmental impact statement (DEIS) and Draft Management Plan (DMP) as required by Section 304(a) of the NMSA that identifies boundary expansion alternatives (including a no-action alternative under the National Environmental Policy Act (NEPA)), as well as a notice of proposed rulemaking (NPRM) to amend the sanctuary regulations to reflect any new boundary if proposed; 3. Public review and comment on the DEIS, DMP and NPRM; and 4. Preparation and release of a final environmental impact statement and final management plan, including a response to public comments, with a final rule if appropriate. With this document, NOAA is opening a public comment period to: 1. Gather information and public comments from individuals, organizations, and government agencies [[Page 881]] on whether to expand sanctuary boundaries, suggestions for the extent and configuration of an expanded boundary, and the potential effects of a boundary expansion; and 2. Help determine the scope of issues to be addressed in the preparation of an environmental impact statement (EIS) pursuant to NEPA. IV. Consultation Under the National Historic Preservation Act This document confirms that NOAA will fulfill its responsibility under section 106 of the National Historic Preservation Act (NHPA, 16 U.S.C. 470) through the ongoing NEPA process, pursuant to 36 CFR 800.8(a), including the use of NEPA documents and public and stakeholder meetings to meet the section 106 requirements. The NHPA specifically applies to any agency undertaking that may affect historic properties. Pursuant to 36 CFR 800.16(l)(1), a ``historic property means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. The term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria.'' In fulfilling its responsibility under the NHPA and NEPA, NOAA intends to identify consulting parties; identify historic properties and assess the effects of the undertaking on such properties; initiate formal consultation with the State Historic Preservation Officer, the Advisory Council of Historic Preservation, and other consulting parties; involve the public in accordance with NOAA's NEPA procedures; and in consultation with the identified consulting parties, develop alternatives and proposed measures that might avoid, minimize or mitigate any adverse effects on historic properties and describe them in any environmental assessment or draft environmental impact statement. Authority: 16 U.S.C. 1431 et seq.; 16 U.S.C. 470. Dated: December 22, 2015. John Armor, Acting Director, Office of National Marine Sanctuaries. [FR Doc. 2015-33169 Filed 1-7-16; 8:45 am] BILLING CODE 3510-NK-P
![Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Proposed Rules 881
on whether to expand sanctuary DEPARTMENT OF HOUSING AND tribes for affordable housing activities.
boundaries, suggestions for the extent URBAN DEVELOPMENT The amount of assistance made
and configuration of an expanded available to each Indian tribe is
boundary, and the potential effects of a 24 CFR Chapter IX determined using a formula that was
boundary expansion; and [Docket No. FR–5650–N–11] developed as part of the NAHASDA
2. Help determine the scope of issues negotiated process. Based on the
to be addressed in the preparation of an Native American Housing Assistance amount of funding appropriated for the
environmental impact statement (EIS) and Self-Determination Act of 1996: IHBG program, HUD calculates the
Negotiated Rulemaking Committee; annual grant for each Indian tribe and
pursuant to NEPA.
Notice of Eighth Meeting provides this information to the Indian
IV. Consultation Under the National tribes. An Indian Housing Plan for the
AGENCY: Office of Assistant Secretary for Indian tribe is then submitted to HUD.
Historic Preservation Act
Public and Indian Housing, HUD. If the Indian Housing Plan is found to
This document confirms that NOAA ACTION: Notice of meetings of negotiated be in compliance with statutory and
will fulfill its responsibility under rulemaking committee. regulatory requirements, the grant is
section 106 of the National Historic made.
SUMMARY: This notice announces the
Preservation Act (NHPA, 16 U.S.C. 470) On July 3, 2012 at 77 FR 39452, HUD
eighth meeting of the Indian Housing
through the ongoing NEPA process, Block Grant (IHBG) program negotiated announced its intention to establish a
pursuant to 36 CFR 800.8(a), including rulemaking committee. negotiated rulemaking committee for the
the use of NEPA documents and public purpose of developing regulatory
DATES: The eighth meeting will be held
and stakeholder meetings to meet the changes to the formula allocation for the
on Tuesday, January 26, 2016 and
section 106 requirements. The NHPA Wednesday, January 27, 2016. On each IHBG program. On June 12, 2013 at 78
specifically applies to any agency day, the session will begin at FR 35178, HUD announced the list of
undertaking that may affect historic approximately 8:30 a.m., and adjourn at proposed members for the negotiated
properties. Pursuant to 36 CFR approximately 5:30 p.m. rulemaking committee, and requested
800.16(l)(1), a ‘‘historic property means additional public comment on the
ADDRESSES: The meeting will take place
any prehistoric or historic district, site, proposed membership. On July 30, 2013
at the Weaver Building, U.S.
building, structure, or object included at 78 FR 45903, HUD announced the
Department of Housing and Urban
in, or eligible for inclusion in, the Development, 451 Seventh Street SW., final list of committee members to
National Register of Historic Places Washington, DC 20410. revise the allocation formula used under
maintained by the Secretary of the the IHBG.
FOR FURTHER INFORMATION CONTACT:
Interior. The term includes artifacts, Committee meetings have taken place
Randy Akers, Acting Deputy Assistant
records, and remains that are related to on August 27–28, 2013, September 17–
Secretary for Native American
and located within such properties. The 19, 2013, April 23–24, 2014, June 11–13,
Programs, Office of Public and Indian
term includes properties of traditional 2014, July 29–31, 2014, August 26–28,
Housing, Department of Housing and
religious and cultural importance to an 2014, and August 11–13, 2015. All of
Urban Development, 451 Seventh Street
Indian tribe or Native Hawaiian the Committee meetings were
SW., Room 4126, Washington, DC
organization and that meet the National announced in the Federal Register and
20410, telephone number 202–401–7914
Register criteria.’’ were open to the public.1
(this is not a toll-free number). Hearing-
In fulfilling its responsibility under or speech-impaired individuals may II. Eighth Committee Meeting
the NHPA and NEPA, NOAA intends to access this number via TTY by calling
The eighth meeting of the IHBG
identify consulting parties; identify the toll-free Federal Relay Service at 1–
Formula Negotiated Rulemaking
historic properties and assess the effects 800–877–8339.
Committee will be held on Tuesday,
of the undertaking on such properties; SUPPLEMENTARY INFORMATION: January 26, 2016 and Wednesday,
initiate formal consultation with the I. Background January 27, 2016. On each day, the
State Historic Preservation Officer, the session will begin at approximately 8:30
Advisory Council of Historic The Native American Housing and
Assistance and Self-Determination Act a.m., and adjourn at approximately 5:30
Preservation, and other consulting p.m. The meeting will take place at the
parties; involve the public in of 1996 (25 U.S.C. 4101 et seq.)
(NAHASDA) changed the way that Weaver Building, U.S. Department of
accordance with NOAA’s NEPA Housing and Urban Development, 451
housing assistance is provided to Native
procedures; and in consultation with Seventh Street SW., Washington, DC
Americans. NAHASDA eliminated
the identified consulting parties, 20410. The primary agenda items for
several separate assistance programs
develop alternatives and proposed and replaced them with a single block this meeting will be limited to
measures that might avoid, minimize or grant program, known as the Indian discussion and vote on adjustments to
mitigate any adverse effects on historic Housing Block Grant (IHBG) program. data sources and approval of final
properties and describe them in any The regulations governing the IHBG preamble language.
environmental assessment or draft formula allocation are codified in These meetings will be open to the
environmental impact statement. subpart D of part 1000 of HUD’s public; however, all members of the
Authority: 16 U.S.C. 1431 et seq.; 16 U.S.C. regulations in title 24 of the Code of public will be required to register their
srobinson on DSK5SPTVN1PROD with PROPOSALS
470. Federal Regulations. In accordance with attendance; present valid identification,
section 106 of NAHASDA, HUD and be subject to security screening
Dated: December 22, 2015. upon entrance to the building. The
developed the regulations with active
John Armor,
tribal participation using the procedures deadline for registration is 5:00 p.m.
Acting Director, Office of National Marine of the Negotiated Rulemaking Act of 1 See, 78 FR 45903 (July 30, 2013), 78 FR 54416
Sanctuaries. 1990 (5 U.S.C. 561–570). (September 4, 2013), 79 FR 14204 (March 13, 2014),
[FR Doc. 2015–33169 Filed 1–7–16; 8:45 am] Under the IHBG program, HUD makes 79 FR 29700 (May 23, 2014), 80 FR 30004 (May 26,
BILLING CODE 3510–NK–P assistance available to eligible Indian 2015).
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Document Created: 2016-01-16 01:15:19
Document Modified: 2016-01-16 01:15:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of intent to review boundaries; intent to prepare environmental impact statement; hold scoping meetings. | |
| Dates | Comments must be received by March 18, 2016. Public scoping meetings will be held on the following dates: | |
| Contact | David Alberg, Superintendent, Monitor National Marine Sanctuary, (757) 591-7326. | |
| FR Citation | 81 FR 879 |
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