82 FR 26339 - 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 82, Issue 108 (June 7, 2017)

Page Range		26339-26340
FR Document		2017-11794

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 six months. Since then, NOAA published three documents to extend the postponement of the discharge requirements to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate. The current extension would end on June 9, 2017. This document extends the postponement of the discharge requirements for these activities for another six months for the same reasons.

Federal Register, Volume 82 Issue 108 (Wednesday, June 7, 2017)

[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26339-26340]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11794]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket Number 160413330-7488-03]
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; notice of delay of effectiveness for discharge 
requirements with regard to U.S. Coast Guard activities.

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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 six months. Since then, NOAA published three documents 
to extend the postponement of the discharge requirements to provide 
adequate time for completion of an environmental assessment, and 
subsequent rulemaking, as appropriate. The current extension would end 
on June 9, 2017. This document extends the postponement of the 
discharge requirements for these activities for another six 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 
December 9, 2017.

ADDRESSES: Copies of documents relating to the expansion, including the 
Final Environmental Impact Statement (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.

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). In the course of the rulemaking 
to expand GFNMS and CBNMS, NOAA learned from U.S. Coast Guard (USCG) 
that the discharge regulations had the potential to impair the 
operations of USCG vessels and aircraft conducting law enforcement and 
on-water training exercises in GFNMS and CBNMS expansion areas. The 
USCG supports national marine sanctuary management by providing routine 
surveillance and dedicated law enforcement of the National Marine 
Sanctuaries Act (NMSA) and sanctuary regulations. To ensure that the 
March 12, 2015, rule did 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 USCG 
activities in the expansion areas for six months. Three additional six-
month postponements of the effectiveness of the discharge requirements 
were published in the Federal Register on December 1, 2015 (80 FR 
74985), May 31, 2016 (81 FR 34268), and December 6, 2016 (81 FR 87803), 
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 on June 9, 2017. 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 
document postpones the effectiveness of the discharge requirements in 
the expansion areas of both sanctuaries with regard to USCG activities 
for another six months, until December 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.

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. Potential environmental impacts of the decision to 
postpone effectiveness are sufficiently encompassed within the impacts 
analysis 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

[[Page 26340]]

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 USCG activities for six 
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 APA 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: May 30, 2017.
W. Russell Callender,
Assistant Administrator for Ocean Services and Coastal Management.
[FR Doc. 2017-11794 Filed 6-6-17; 8:45 am]
 BILLING CODE 3510-NK-P

26340 Federal Register / Vol. 82, No. 108 / Wednesday, June 7, 2017 / Rules and Regulations

Administrative Procedure Act (APA) certain archaeological and ethnological the imposition of these restrictions, and
because this action is administrative in materials from Peru. The restrictions, included a list designating the types of
nature. This action postpones the which were originally imposed by archaeological and ethnological
effectiveness of the discharge Treasury Decision (T.D.) 97–50 and last materials covered by the restrictions.
requirements in the regulations for extended by CBP Dec. 12–11, are due to These restrictions continued the
CBNMS and GFNMS in the areas added expire on June 9, 2017, unless extended. protection of archaeological materials
to the sanctuaries’ boundaries in 2015 The Acting Assistant Secretary for from the Sipán Archaeological Region
(subject to notice and comment review) Educational and Cultural Affairs, United forming part of the remains of the
with regard to USCG activities for six States Department of State, has Moche culture that were first subject to
months to provide adequate time for determined that conditions continue to emergency import restriction on May 7,
public scoping, completion of an warrant the imposition of import 1990 (T.D. 90–37).
environmental assessment, and restrictions. The Designated List of Import restrictions listed in 19 CFR
subsequent rulemaking, as appropriate. archaeological and ethnological 12.104g(a) are ‘‘effective for no more
Should NOAA decide to amend the materials described in T.D. 97–50 is than five years beginning on the date on
regulations governing discharges in revised in this document to reflect the which the agreement enters into force
CBNMS and GFNMS, it would publish addition of Colonial period documents with respect to the United States. This
a proposed rule followed by an and manuscripts. Accordingly, the period may be extended for additional
appropriate public comment period as restrictions will remain in effect for an periods no more than five years if it is
required by the APA. The substance of additional 5 years, and the CBP determined that the factors which
the underlying regulations remains regulations are being amended to justified the initial agreement still
unchanged. Therefore, providing notice indicate this fourth extension. These pertain and no cause for suspension of
and opportunity for public comment restrictions are being extended pursuant the agreement exists’’ (19 CFR
under the APA would serve no useful to determinations of the United States 12.104g(a)).
purpose. The delay in effectiveness Department of State made under the
On June 6, 2002, the former United
provided by this action will also enable terms of the Convention on Cultural
States Customs Service published T.D.
NOAA to fully implement its statutory Property Implementation Act, which
02–30 in the Federal Register (67 FR
responsibilities under the NMSA to implements the 1970 United Nations
38877), which amended 19 CFR
protect resources of a national marine Educational, Scientific and Cultural
12.104g(a) to reflect the extension of
sanctuary. For the reasons above, the Organization (UNESCO) Convention on
these import restrictions for an
Assistant Administrator also finds good the Means of Prohibiting and Preventing
additional period of five years until June
cause under 5 U.S.C. 553(d) to waive the the Illicit Import, Export and Transfer of
9, 2007.
30-day delay in effectiveness and make Ownership of Cultural Property.
this action effective immediately upon DATES: Effective Date: June 9, 2017.
On June 6, 2007, U.S. Customs and
publication. Border Protection (CBP), published CBP
FOR FURTHER INFORMATION CONTACT: For
Dec. 07–27 in the Federal Register (72
Authority: 16 U.S.C. 1431 et seq. legal aspects, Lisa L. Burley, Chief,
FR 31176), which amended 19 CFR
Dated: May 30, 2017. Cargo Security, Carriers and Restricted
12.104g(a) to reflect the extension of
Merchandise Branch, Regulations and
W. Russell Callender, these import restrictions for an
Rulings, Office of Trade, (202) 325–
Assistant Administrator for Ocean Services additional period of five years until June
0215, lisa.burley@cbp.dhs.gov. For
and Coastal Management. 9, 2012.
operational aspects, William R. Scopa,
[FR Doc. 2017–11794 Filed 6–6–17; 8:45 am] On June 7, 2012, CBP published CBP
Branch Chief, Partner Government
BILLING CODE 3510–NK–P
Agency Branch, Trade Policy and Dec. 12–11 in the Federal Register (77
Programs, Office of Trade, (202) 863– FR 33624), which amended 19 CFR
6554, william.r.scopa@cbp.dhs.gov. 12.104g(a) to reflect the extension of
DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION:
these import restrictions for an
SECURITY additional period of five years until June
Background 9, 2017.
U.S. Customs and Border Protection Pursuant to the provisions of the On January 11, 2017, after reviewing
Convention on Cultural Property the findings and recommendations of
DEPARTMENT OF THE TREASURY Implementation Act (Pub. L. 97–446, 19 the Cultural Property Advisory
U.S.C. 2601 et seq.), which implements Committee, the Acting Assistant
19 CFR Part 12 the 1970 United Nations Educational, Secretary for Educational and Cultural
[CBP Dec. 17–03] Scientific and Cultural Organization Affairs, United States Department of
(UNESCO) Convention, in U.S. law, the State, concluding that the cultural
RIN 1515–AE29 United States entered into a bilateral heritage of Peru continues to be in
agreement with the Republic of Peru on jeopardy from pillage of archaeological
Extension of Import Restrictions
June 9, 1997, concerning the imposition and certain ethnological materials, made
Imposed on Archaeological and
of import restrictions on archaeological the necessary statutory determinations
Ethnological Materials From Peru
material from the Pre-Hispanic cultures and decided to extend the import
AGENCY: U.S. Customs and Border and certain ethnological material from restrictions for an additional five-year
Protection, Department of Homeland the Colonial period of Peru (‘‘the period. Diplomatic notes have been
pmangrum on DSK3GDR082PROD with RULES

Security; Department of the Treasury. Memorandum of Understanding exchanged reflecting the extension of
ACTION: Final rule. between the United States and the those restrictions for an additional five-
Republic of Peru’’). On June 11, 1997, year period and amendment of their
SUMMARY: This final rule amends the the former United States Customs coverage to include Colonial
U.S. Customs and Border Protection Service published T.D. 97–50 in the manuscripts and documents. CBP is
(CBP) regulations to reflect the Federal Register (62 FR 31713), which amending 19 CFR 12.104g(a)
extension of import restrictions on amended 19 CFR 12.104g(a) to reflect accordingly.

VerDate Sep<11>2014 15:10 Jun 06, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1

Document Created: 2017-06-07 02:00:53
Document Modified: 2017-06-07 02:00:53

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; notice of 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 December 9, 2017.
Contact		Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622.
FR Citation		82 FR 26339
RIN Number		0648-BF99

82 FR 26339 - Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 108 (June 7, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration