82 FR 4306 - National Environmental Policy Act Implementing Procedures and Executive Order 12114 Categorical Exclusions
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 9 (January 13, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 9 (January 13, 2017)
| Page Range | 4306-4313 | |
| FR Document | 2017-00553 |
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)] [Notices] [Pages 4306-4313] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00553] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket Number: NOAA-HQ-2016-0145] RIN 0648-XF137 National Environmental Policy Act Implementing Procedures and Executive Order 12114 Categorical Exclusions AGENCY: National Oceanic and Atmospheric Administration, U.S. Department of Commerce. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) publishes this notice to notify the public that NOAA has finalized revisions to the agency's procedures for implementing the National Environmental Policy Act (NEPA) and related authorities, as contained in the Companion Manual to NOAA Administrative Order NAO 216-6A (Companion Manual). Included in the Companion Manual are NOAA's revised categorical exclusions (CE) and related extraordinary circumstances. This notice provides a summary of the public comments received and the agency's responses as well as a summary of changes from the draft to the final procedures. The final Companion Manual is available online at http://www.nepa.noaa.nepa.gov. DATES: The revised procedures are effective January 13, 2017. FOR FURTHER INFORMATION CONTACT: For information regarding NOAA's NEPA procedures, contact Katherine Renshaw, NOAA NEPA Coordinator, at [email protected] or 301-713-7380. SUPPLEMENTARY INFORMATION: I. Background 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 NOAA Administrative Order authorized the development of a Companion Manual entitled Policy and Procedures for Compliance with the National Environmental Policy Act and Related Authorities (``Companion Manual''). On November, 17, 2016, NOAA published a notice in the Federal Register inviting public comments for a 30-day period on the draft Companion Manual, which included NOAA's revised CEs. After careful consideration of the public comments received in response to that notice, and upon further internal review, NOAA has decided to finalize the Companion Manual and CEs with some minor revisions from the November 17, 2016 draft. II. Comments Received and NOAA's Responses NOAA received comments from private citizens, nongovernmental organizations, states and state organizations. All substantive comments received and considered are available online at (http://noaa.nepa.gov), and on the Regulations.gov Web site (www.regulations.gov) at docket ID: [NOAA-HQ-2016-0145]. NOAA has considered all comments received, and [[Page 4307]] NOAA's response to the comments is contained below. A. Comments on NOAA's NEPA Process State commenters raised concerns regarding the process of applying NEPA to the Federal grant application process. State commenters also sought additional criteria for determining whether cumulative and secondary impacts will trigger an Environmental Assessment (EA), specifically requesting a clear flow chart on the process. NOAA appreciates the concerns expressed by these comments and will continue to seek ways to improve coordination of environmental review requirements as we begin implementing these revised procedures. B. Comments on Previously Analyzed Activities State commenters requested that NOAA develop a CE that ``includes projects that have already undergone sufficient environmental review under NEPA.'' NOAA does not agree that a broad CE that would cover all such activities would be appropriate. Instead, NOAA would point the commenters to section 5 of the Companion Manual that provides guidance on how to determine whether existing NOAA NEPA documents adequately analyze the impacts of a proposed action; as well as section 6(H) that provides guidance on adopting other agency NEPA documents. We believe that the processes outlined in those sections that include factors to consider and required documentation (including, for example, the requirement that NOAA issue its own FONSI when adopting another agency EA), are the appropriate processes to use when relying on existing NEPA documents, consistent with the Council on Environmental Quality (CEQ) regulations and guidance. C. Comments on Definitions Used in the Companion Manual and CEs State commenters requested that NOAA provide definitions for frequently used terms including ``minor,'' ``small scale,'' ``nondestructive,'' and ``substantial.'' NOAA provided definitions for the terms ``previously disturbed ground,'' ``minor,'' ``small scale,'' and ``negligible'' in the November 17, 2016 Federal Register notice (81 FR 81067). In order to ensure consistent application of its procedures, NOAA determined that such definitions should be included in the Companion Manual and will add the definitions included in our initial Federal Register notice to the glossary at Appendix A of the Companion Manual. NOAA will also add definitions for the terms ``short term,'' ``long term,'' and ``nondestructive,'' to provide further clarity. These additional terms will be defined as follows: Short-term--refers to a potential impact of short duration, relative to the proposed project and the environmental resource. Short- term impacts occur while the activity is underway, and do not persist once the activity ends. Noise produced by temporary construction activities is an example of a short-term impact. Long-term--refers to a potential impact of long duration, relative to the proposed project and the environmental resources. Long-term impacts continue after the project has ceased. Permanent impacts that remain after the construction phase of a project is an example of a long-term impact. Nondestructive--this terms refers to actions that do not result in long term or permanent physical alteration of a component of the human environment. Passive acoustics, ground penetrating radar, and air quality sampling are examples of nondestructive methods to collect environmental data. D. Comments on Individual CEs A1 One commenter recommended deleting the phrase ``access to fishery resources'' from A1. The commenter notes that actions that change access to fishery resources do not necessarily result in environmental impacts when there are no changes of any of the other actions listed in the CE, i.e., fishing location, timing, effort, authorized gear types, or harvest levels. We agree, and have removed the phrase ``access to fishery resources'' from the text of CE A1. A5 State commenters requested that NOAA modify CE A5 so as to include minor five-year updates to National Estuarine Research Reserve (NERR) management plans relative to boundary expansion based on acquisition of property for conservation purposes. The proposed A5 applies to updates to NERR management plans, provided that the update does not change NERR boundaries. Boundary changes will involve areas that fall outside the geographic scope of the original Environmental Impact Statement (EIS) prepared pursuant to 15 CFR 921.13, and may involve potentially significant impacts to additional species or habitats that were not considered when the reserve was established. For this reason, NOAA will retain the proposed limiting language in the CE in the final procedures. B4 One comment raised concerns with proposed CE B4. Generally, the comment expresses concern that the application of the CE will result in a failure to consider the cumulative impacts of activities authorized under that CE. Additionally, the commenter is concerned about NOAA's decision to include authorizations under both sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act (MMPA) in the same CE, arguing that doing so ignores the differences in these authorizations. The commenter finally expressed a concern that NOAA has eliminated language from the 1999 procedures that had specifically stated that ``if authorization under 101(a)(5)(A) does not tier from a programmatic environmental review, that action may require an EIS, EA, or CE, based on a case-by-case review.'' NOAA has determined that this CE, by its terms, and in light of the requirement to consider extraordinary circumstances, is appropriate and would not have the potential for significant impacts. In particular, NOAA notes that extraordinary circumstances (l) refers to ``the potential for significant cumulative impacts when the proposed action is combined with other past, present and reasonably foreseeable future actions, even though the impacts of the proposed action may not be significant by themselves.'' See Companion Manual for NOAA Administrative Order 216-6A at 4-5. Additionally, the B4 CE does not ignore the differences between 101(a)(5)(A) and (D); rather it was crafted to apply to incidental take authorizations issued under either provision if they meet the criterion of no serious injury or mortality (and are not disqualified under the extraordinary circumstances evaluation). While it is true that criterion will be satisfied with any authorization issued under section 101(a)(5)(D), it is also true that in some cases authorizations issued under section 101(a)(5)(A) could meet that criterion as well, depending on the specified activity. Section 101(a)(5)(A) allows for authorization of take by serious injury or mortality but is not only for activities involving those effects. Finally, NOAA notes that although language specific to the application of NEPA to the MMPA process was removed in the revised NEPA procedures, generally applicable provisions still apply to MMPA authorizations. For example, section 3 of the Companion Manual explains how, on a case-by-case basis, to [[Page 4308]] determine the proper level of NEPA analysis for an action. One comment raises a concern that proposed CE B12 is overly broad and requests that NOAA delete the CE. As proposed, B12 would cover ``issuance of Exempted Fishing Permits (EFP) under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and Scientific Research Permits (SRP) and other permits for research that may impact species regulated under the authority of the 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 has determined that this CE, by its terms, and in light of the requirement to consider extraordinary circumstances, is appropriate and would not have the potential for significant impacts. We agree, however, that as proposed, CE B12 would benefit from revision for clarity to make clear that the limitations described in the proposed category apply to all activities under the CE. NOAA will revise B12 in the following manner: ``Issuance of Exempted Fishing Permits (EFP), Scientific Research Permits (SRP), 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 CE is limited to permits that authorize activities of limited size, magnitude or duration, which have no potential for significant individual or cumulative impacts.'' C1 State commenters asked for several areas of clarification regarding the application of CE C1 that addresses habitat restoration activities. The state commenters requested that NOAA either remove the CE's dredge and fill limitation, or provide additional clarity as to the application of that limitation. As proposed, C1 is limited to projects that ``[do] not require substantial placement of fill or dredging.'' NOAA believes that the limitation of the CE with respect to dredging and placement of fill is appropriate and notes that its application will be context dependent. When considering whether placement of fill or dredging are ``substantial,'' NOAA will consider the volume of the fill to be placed, as well as the context in which it would occur to determine that the placement will not have the potential to cause significant environmental impacts. Thus, NOAA is not proposing any modifications to this CE to address this issue. Additionally, the states requested that NOAA further limit covered habitat restoration actions to those that transplant only native species. The proposed C1 language would limit actions to those that ``transplant'' only organisms currently or formerly present at the site or in its immediate vicinity (if transplant is a component of the action). The states expressed concern that without limiting transplant to native species that such actions may result in impacts from exotic invasive species. NOAA has determined that this CE, by its terms, and in light of the requirement to consider extraordinary circumstances, is appropriate and would not have the potential for significant impacts. In particular, NOAA notes that extraordinary circumstance (j) refers to the ``contribution to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area or actions that may promote the introduction, growth, or expansion of the range of the species.'' See Companion Manual for NOAA Administrative Order 216-6A at 4-5. Accordingly, if a proposed action to transplant organisms has the potential to result in significant impacts due to the potential spread of exotic invasive species, such an action may require additional analysis. Finally, the states requested further guidance as to the applicability of C1 to various restoration activities such as living shoreline construction, routine terrestrial restoration activities, and stocking fish and associated activities. As noted in Appendix E, the examples provided with the CEs are intended to be illustrative, but not exhaustive. Thus, omission of a particular activity does not mean that such activity could not potentially be covered by the CE. In reviewing whether an activity, such as a living shoreline construction project would be potentially included within C1, NOAA would consider the particular elements of that project to determine whether the proposed action fits within the limits of the CE. F3 State commenters requested clarification as to whether CE F3 applies to the restoration or repair of buildings of cultural or historic significance. Additionally, state commenters sought clarification as to whether the CE applies to small-scale construction of boat ramps, fishing piers, and observation platforms. Commenters note that limitations in F3(b), such as F3(b)(3) that would preclude proposed uses of newly constructed facilities that will substantially increase the number of marine vessels in the area would potentially preclude application to the construction of public access facilities such as boat ramps. Finally, one commenter questioned how NOAA will determine viewshed impacts. NOAA's extraordinary circumstance (e) would require evaluation of whether a proposed activity would involve adverse effects on properties listed or eligible for listing on the National Register of Historic Places authorized by the National Historic Preservation Act of 1966, National Historic Landmarks designated by the Secretary of the Interior, or National Monuments designated through the Antiquities Act of 1906; Federally recognized tribal and Native Alaskan lands, cultural or natural resources, or religious or cultural sites that cannot be resolved through applicable regulatory processes. See Companion Manual for NOAA Administrative Order 216-6A at 4-5. With respect to the construction of public access facilities, NOAA notes that such activities are covered explicitly under F3(c), and not F3(b). Thus, the limitations that the commenters are concerned with would not be applicable to the construction of public access facilities such as boat ramps, docks, or observation platforms. Those projects are potentially allowable under the CE so long as the proposed activity is (1) small-scale and nondestructive; and (2) is consistent with applicable right-of-way conditions and approved land use plans. NOAA notes that there is a typographical error in the proposed CE that included an ``and'' following F3(c)(2), which may be confusing, and has corrected that error. As discussed above, NOAA is adding several additional definitions to the handbook, including ``nondestructive.'' NOAA does not believe that it is necessary to make any modifications to the CE to exempt small scale construction of public access facilities such as boat ramps, fishing piers, and observation platforms as such activities are explicitly covered by F3(c), and included as examples of activities covered by the CE. As described in our definitions section, we believe that it is appropriate to define small scale relative to the potential impacts of the project, rather than with respect to the funding level involved. Finally, with respect to viewshed impact evaluation, NOAA's staff will rely upon their professional expertise [[Page 4309]] and standard practices and procedures to evaluate potential impacts to viewsheds. Viewshed analysis, through the use of GIS technology, is commonly used by researchers and natural resource managers to assess potential visual impacts of development. F4 State commenters request that NOAA clarify whether routine grounds keeping and landscaping would include native landscaping installation or rain gardens and other storm water Best Management Practices. As discussed above, when determining whether a particular proposed action would be potentially included within a CE, NOAA will consider the particular elements of the project to determine its eligibility. NOAA does note however, that activities that involve improvements of real property may be better categorized under CE F3. G1 State commenters request clarification as to whether CE G1 applies to the development of community development plans, vulnerability assessments, erosion management plans, feasibility studies, and engineering/design plans for restoration projects. G1 includes routine administrative actions such as development, establishment, and revisions to documents including, but not limited to interagency agreements, memoranda of understanding, memoranda of agreement, cooperative agreements and university agreements. As noted in Appendix E, the examples provided with the CEs are intended to be illustrative, but not exhaustive. Thus, omission of a particular activity does not mean that such activity could not potentially be covered by the CE. NOAA will evaluate proposed actions on a case-by- case basis to determine whether they are appropriately addressed by the CE. H4 State commenters request clarification as to whether the acquisition of land intended for habitat restoration, including removal of invasive plant species or off-site native plants/trees would be included within CE H4. Commenters additionally request the development of a new CE to explicitly cover tree removal activities. CE H4 applies to the acquisition of real property that is not acquired through condemnation of a lease interest, and will not result in significant change in use and does involve construction or modification. Accordingly, so long as the acquisition is done in accordance with the terms of the CE, and upon review by NOAA's NEPA professional staff, acquisition of land intended for habitat restoration may potentially be covered. NOAA notes that one of the examples provided of activities covered by the CE includes funding for land acquisition under the Coastal Zone Management Act (CZMA) and Fish and Wildlife Conservation Act (FWCA)to purchase land (submerged or not submerged) or interests in land that includes but is not limited to conservation easements, for purposes that do not involve construction or modification. With respect to the request for the development of an additional CE to specifically cover tree removal, NOAA does not currently have the experience to support expanding the CE to include such projects, but this may change as NOAA gains experience over time. III. Additional Changes to Companion Manual and Categorical Exclusions In addition to revisions to CEs based on its consideration of public comments, NOAA further reviewed the proposed CEs and determined that certain CEs would benefit from revisions that clarified the scope and applicability of the CE, specifically the limitations described in the text of the CE to ensure it is only applied to activities with no potential for significant effects on the environment under normal circumstances. Internal discussions also resulted in many instances in the addition or revision of examples provided for the CEs for the benefit of NOAA NEPA practitioners. Additionally, NOAA identified typographical and grammatical errors and corrected those errors. This section explains the substantive revisions NOAA made to its proposed CEs and the rationale for those revisions. E3 NOAA is adding two additional examples of activities that fit within this category: ``use of mobile platforms (e.g., ships, aircraft, balloons, vehicles) to study biological, chemical, or physical processes;'' and ``collection of cultural and environmental data to find and assess archaeological resources.'' E4 NOAA has made minor modifications to the text of E4 following internal discussions with subject matter experts in order to ensure that the category of activities is sufficiently limited. The revised text is as follows: ``Activities that remotely survey or observe living resources in the field using non-invasive techniques, which have little to no potential to adversely affect the environment or interfere with organisms or habitat.'' NOAA has also slightly modified one of the examples provided to make clear that electronic monitoring activities under this category are limited to deployment of non animal-borne devices. E5 NOAA has made minor modifications to the text of E5 following internal discussions with subject matter experts in order to ensure that the category of activities is sufficiently limited. The revised text is as follows: ``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 their populations, and limited to methodologies and locations to ensure that there are no long-term, adverse ecosystem impacts.'' E6 NOAA made a minor modification to the text of E6 to improve internal consistency. The text of the revised CE is as follows: ``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, and is limited in size, magnitude or duration with no potential for significant individual or cumulative impacts.'' E7 Based on internal discussions on proposed CE E7, NOAA has revised the text of the CE to remove the references to fishing vessels and dockside as locations for the collection of data and biological samples. These terms were intended to be broad and to encompass any number of locations, including, for example, on fishing vessels, on motherships, in processing plants, dockside, and shoreside. However, that broad scope might not have been obvious to readers on the face of the proposed CE, and including the terms ``fishing vessels'' and ``dockside'' may have unintentionally suggested a narrower scope than what was intended. Therefore, we are removing those terms from the text of the CE and leaving the CE to broadly encompass data and biological samples collected as part of [[Page 4310]] previously authorized commercial and/or recreational fishing activities. This change does not change the intended scope of the proposed CE, but only makes the scope of the CE clearer for users and the public. In addition, we have revised the first example under this CE to add ``Collecting data from'' before ``observer coverage onboard commercial and recreational fishing vessels.'' This change is being made to make it more explicit that the example is referring only to the collection of data through previously authorized observer coverage, and nothing else related to observer coverage. This CE does not cover observer coverage requirements onboard commercial or recreational fishing vessels, which are generally addressed through fishery management plans or regulations for the fishery for which observer coverage is being implemented. E8 NOAA made a minor modification to the text of E8 following internal discussions with subject matter experts to ensure that the scope of the CE correctly described the activities undertaken and funded by NOAA. The text of the revised CE is as follows: ``Biological, chemical, food production, ecological, or toxicological research conducted in closed system mesocosm/aquaculture facilities that are conducted according to recommended protocols that provide containment and disposal of waste, chemicals, toxins, non-native species, etc., in compliance with established Federal and state regulatory guidelines, and best management practices.'' IV. NOAA Categorical Exclusions The following series of CEs includes actions that may be implemented either directly by NOAA or by the recipient of a financial assistance award. The activities contemplated in the series of CEs have been evaluated and found not to have individual or cumulative significant impacts on the human environment, whether implemented by a grantee through a financial assistance award or directly implemented by NOAA. These CEs can be found as appendix E to the Companion Manual, along with illustrative examples for many of the categories. 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, or harvest levels.'' [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.'' [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.'' [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.'' [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.'' [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.'' 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.'' [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.'' [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.'' [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.'' [B5.] ``Issuance of, or amendments to, general permits for activities that are included in established permit categories at 15 CFR pt. 922 and that meet the regulatory review criteria at 15 CFR pt. 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 pt. 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 originally established by Presidential Proclamation 8031 and named Papah[amacr]naumoku[amacr]kea Marine National Monument by Presidential Proclamation 8112) permits for activities that are included in established permit categories (50 CFR pt. 404) and that meet the regulatory review criteria at (50 CFR 404.11), that [[Page 4311]] 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.'' [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.'' [B11.] ``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), Scientific Research Permits (SRPs), and other permits for research that may impact species under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Atlantic Tunas Convention Act (ATCA). This CE is limited to permits that authorize activities that are limited in size, magnitude or duration with no potential for significant individual or cumulative impacts.'' 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 help to restore an ecosystem, habitat, biotic community, or population of living resources to a determinable preimpact condition prior to the incident leading to the response or restoration.'' 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.'' [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).'' Research Actions [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.'' [E4.] ``Activities that remotely survey or observe living resources in the field using non-invasive techniques, which have 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 their populations, and limited to methodologies and locations to ensure that there are no long-term adverse ecosystem impacts.'' [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, and is limited in size, magnitude, or duration with no potential for significant individual or cumulative impacts.'' [E7.] ``Collection of data and biological samples as part of previously authorized commercial and/or recreational fishing activities.'' [E8.] ``Biological, chemical, food production, ecological, or toxicological research conducted in closed system mesocosm/aquaculture facilities that are conducted according to recommended protocols that provide containment and disposal of waste, 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).'' [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.'' [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; [[Page 4312]] (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; and (2) Is consistent with applicable right-of-way conditions and approved land use plans.'' [F4]. ``Routine groundskeeping and landscaping activities where ground disturbance is limited to previously disturbed areas (e.g., previously filled paved, or cleared areas).'' [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.'' [F7.] ``The disposal, demolition or removal of real property and related improvements, buildings and structures, including associated site restoration, and the disposal of personal property and debris in accordance with all applicable agency procedures and legal requirements.'' Operational 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.'' [G2.] ``Routine movement of mobile assets, such as vessels and aircraft, for homeport reassignments or repair/overhaul, where no new support facilities are required.'' [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.'' [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.'' [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).'' [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.'' [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.'' [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.'' [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.'' Acquisition and Real Property 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.'' [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.'' [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.'' [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.'' [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 [[Page 4313]] 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.'' [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.'' [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.'' Dated: January 6, 2017. Lois J. Schiffer, General Counsel for the National Oceanic and Atmospheric Administration. [FR Doc. 2017-00553 Filed 1-12-17; 8:45 am] BILLING CODE 3510-12-P
![4306 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices
agenda details, see SUPPLEMENTARY Summer Flounder Amendment agency’s procedures for implementing
INFORMATION. Update on progress and timeline the National Environmental Policy Act
ADDRESSES: The meetings will be held (NEPA) and related authorities, as
Thursday, February 16, 2017
at: Hilton Garden Inn Kitty Hawk, 5353 contained in the Companion Manual to
Business Session NOAA Administrative Order NAO 216–
N. Virginia Dare Trail, Kitty Hawk, NC
27949, telephone: (252) 261–1290. The day will conclude with brief 6A (Companion Manual). Included in
Council address: Mid-Atlantic Fishery reports from the National Marine the Companion Manual are NOAA’s
Management Council, 800 N. State Fisheries Service’s GARFO and the revised categorical exclusions (CE) and
Street, Suite 201, Dover, DE 19901; Northeast Fisheries Science Center, related extraordinary circumstances.
telephone: (302) 674–2331 or on their NOAA’s Office of General Counsel, the This notice provides a summary of the
Web site at www.mafmc.org. ASMFC, the New England and South public comments received and the
Atlantic Fishery Council’s liaisons and agency’s responses as well as a
FOR FURTHER INFORMATION CONTACT:
the Regional Planning Body Report. The summary of changes from the draft to
Christopher M. Moore, Ph.D., Executive
Council will also receive the Council’s the final procedures. The final
Director, Mid-Atlantic Fishery
Executive Director’s Report, the Science Companion Manual is available online
Management Council, telephone: (302)
Report, Committee Reports, and discuss at http://www.nepa.noaa.nepa.gov.
526–5255.
any continuing and/or new business. DATES: The revised procedures are
SUPPLEMENTARY INFORMATION: The
Although other non-emergency issues effective January 13, 2017.
following items are on the agenda, not contained in this agenda may come
though agenda items may be addressed before this Council for discussion, those FOR FURTHER INFORMATION CONTACT: For
out of order (changes will be noted on issues may not be the subjects of formal information regarding NOAA’s NEPA
the Council’s Web site when possible). action during this meeting. Council procedures, contact Katherine Renshaw,
Agenda action will be restricted to those issues NOAA NEPA Coordinator, at
specifically listed in this notice and any noaa.nepa@noaa.gov or 301–713–7380.
Tuesday, February 14, 2017 issues arising after publication of this SUPPLEMENTARY INFORMATION:
River Herring/Shad Committee Meeting notice that require emergency action
Discuss criteria to assess progress in under section 305(c) of the Magnuson- I. Background
river herring/shad conservation Stevens act, provided that the public On April 22, 2016, NOAA issued
Mackerel, Squid, and Butterfish Meeting has been notified of the Council’s intent NOAA Administrative Order 216–6A
as a Committee of the Whole to take final action to address the (NAO 216–6A), which updated NOAA’s
Review and approve public hearing emergency. policy for compliance with NEPA, the
document Squid Amendment CEQ NEPA regulations, and other
Law Enforcement Report Special Accommodations
related authorities, including Executive
Presentation on National Marine This meeting is physically accessible Order (EO) 12114, Environmental
Sanctuary Nomination Process to people with disabilities. Requests for Effects Abroad of Major Federal Actions;
Wednesday, February 15, 2017 sign language interpretation or other EO 11988, Floodplain Management; and
auxiliary aids should be directed to M. EO 11990, Protection of Wetlands. The
Meeting with the Atlantic States Marine Jan Saunders, (302) 526–5251, at least 5
Fisheries Commission’s Summer NOAA Administrative Order authorized
days prior to the meeting date. the development of a Companion
Flounder, Scup, and Black Sea Bass
Boards Dated: January 10, 2017. Manual entitled Policy and Procedures
62nd Northeast Regional Stock Jeffrey N. Lonergan, for Compliance with the National
Assessment Workshop (62nd SAW) Acting Deputy Director, Office of Sustainable Environmental Policy Act and Related
Overview of black sea bass benchmark Fisheries, National Marine Fisheries Service. Authorities (‘‘Companion Manual’’). On
stock assessment findings and peer [FR Doc. 2017–00737 Filed 1–12–17; 8:45 am] November, 17, 2016, NOAA published a
review panelist findings BILLING CODE 3510–22–P
notice in the Federal Register inviting
Black Sea Bass 2017–2019 public comments for a 30-day period on
Specifications the draft Companion Manual, which
Overview and staff recommendation, DEPARTMENT OF COMMERCE included NOAA’s revised CEs. After
SSC recommendation, review careful consideration of the public
Monitoring Committee and National Oceanic and Atmospheric comments received in response to that
Advisory Panel recommendations, Administration notice, and upon further internal
and adopt recommendations for [Docket Number: NOAA–HQ–2016–0145] review, NOAA has decided to finalize
2017–2019 the Companion Manual and CEs with
RIN 0648–XF137 some minor revisions from the
Black Sea Bass Research Update
Black Sea Bass Recreational November 17, 2016 draft.
National Environmental Policy Act
Specifications Implementing Procedures and II. Comments Received and NOAA’s
Review Monitoring Committee and Responses
Executive Order 12114 Categorical
Advisory Panel recommendations,
Exclusions NOAA received comments from
adopt recommendations for 2017
management measures, review private citizens, nongovernmental
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY: National Oceanic and
Recreational Working Group Atmospheric Administration, U.S. organizations, states and state
recommendations and regional/ Department of Commerce. organizations. All substantive comments
state proposals (possible Board ACTION: Notice of availability. received and considered are available
action) online at (http://noaa.nepa.gov), and on
Black Sea Bass Commercial AM SUMMARY: The National Oceanic and the Regulations.gov Web site
Framework Atmospheric Administration (NOAA) (www.regulations.gov) at docket ID:
Review background, issues, and draft publishes this notice to notify the public [NOAA–HQ–2016–0145]. NOAA has
alternatives that NOAA has finalized revisions to the considered all comments received, and
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determine the proper level of NEPA have the potential to cause significant boat ramps, fishing piers, and
analysis for an action. environmental impacts. Thus, NOAA is observation platforms. Commenters note
One comment raises a concern that not proposing any modifications to this that limitations in F3(b), such as
proposed CE B12 is overly broad and CE to address this issue. F3(b)(3) that would preclude proposed
requests that NOAA delete the CE. As Additionally, the states requested that uses of newly constructed facilities that
proposed, B12 would cover ‘‘issuance of NOAA further limit covered habitat will substantially increase the number
Exempted Fishing Permits (EFP) under restoration actions to those that of marine vessels in the area would
the authority of the Magnuson-Stevens transplant only native species. The potentially preclude application to the
Fishery Conservation and Management proposed C1 language would limit construction of public access facilities
Act (MSA) and Scientific Research actions to those that ‘‘transplant’’ only such as boat ramps. Finally, one
Permits (SRP) and other permits for organisms currently or formerly present commenter questioned how NOAA will
research that may impact species at the site or in its immediate vicinity determine viewshed impacts.
regulated under the authority of the (if transplant is a component of the NOAA’s extraordinary circumstance
MSA and the Atlantic Tunas action). The states expressed concern (e) would require evaluation of whether
Convention Act (ATCA). This includes that without limiting transplant to a proposed activity would involve
permitted research of limited size, native species that such actions may adverse effects on properties listed or
magnitude or duration with negligible result in impacts from exotic invasive eligible for listing on the National
individual or cumulative impacts, species. Register of Historic Places authorized by
which requires temporary relief of NOAA has determined that this CE, the National Historic Preservation Act of
fishery management regulations.’’ by its terms, and in light of the 1966, National Historic Landmarks
NOAA has determined that this CE, requirement to consider extraordinary designated by the Secretary of the
by its terms, and in light of the circumstances, is appropriate and Interior, or National Monuments
requirement to consider extraordinary would not have the potential for designated through the Antiquities Act
circumstances, is appropriate and significant impacts. In particular, NOAA of 1906; Federally recognized tribal and
would not have the potential for notes that extraordinary circumstance (j) Native Alaskan lands, cultural or
significant impacts. We agree, however, refers to the ‘‘contribution to the natural resources, or religious or
that as proposed, CE B12 would benefit introduction, continued existence, or cultural sites that cannot be resolved
from revision for clarity to make clear spread of noxious weeds or non-native through applicable regulatory processes.
that the limitations described in the invasive species known to occur in the See Companion Manual for NOAA
proposed category apply to all activities area or actions that may promote the Administrative Order 216–6A at 4–5.
under the CE. NOAA will revise B12 in introduction, growth, or expansion of With respect to the construction of
the following manner: ‘‘Issuance of the range of the species.’’ See public access facilities, NOAA notes
Exempted Fishing Permits (EFP), Companion Manual for NOAA that such activities are covered
Scientific Research Permits (SRP), and Administrative Order 216–6A at 4–5. explicitly under F3(c), and not F3(b).
other permits for research that may Accordingly, if a proposed action to Thus, the limitations that the
impact species regulated under the transplant organisms has the potential commenters are concerned with would
authority of the Magnuson-Stevens to result in significant impacts due to not be applicable to the construction of
Fishery Conservation and Management the potential spread of exotic invasive public access facilities such as boat
Act (MSA) and the Atlantic Tunas species, such an action may require ramps, docks, or observation platforms.
Convention Act (ATCA). This CE is additional analysis. Those projects are potentially allowable
limited to permits that authorize Finally, the states requested further under the CE so long as the proposed
activities of limited size, magnitude or guidance as to the applicability of C1 to activity is (1) small-scale and
duration, which have no potential for various restoration activities such as nondestructive; and (2) is consistent
significant individual or cumulative living shoreline construction, routine with applicable right-of-way conditions
impacts.’’ terrestrial restoration activities, and and approved land use plans. NOAA
stocking fish and associated activities. notes that there is a typographical error
C1 As noted in Appendix E, the in the proposed CE that included an
State commenters asked for several examples provided with the CEs are ‘‘and’’ following F3(c)(2), which may be
areas of clarification regarding the intended to be illustrative, but not confusing, and has corrected that error.
application of CE C1 that addresses exhaustive. Thus, omission of a As discussed above, NOAA is adding
habitat restoration activities. particular activity does not mean that several additional definitions to the
The state commenters requested that such activity could not potentially be handbook, including ‘‘nondestructive.’’
NOAA either remove the CE’s dredge covered by the CE. In reviewing whether NOAA does not believe that it is
and fill limitation, or provide additional an activity, such as a living shoreline necessary to make any modifications to
clarity as to the application of that construction project would be the CE to exempt small scale
limitation. As proposed, C1 is limited to potentially included within C1, NOAA construction of public access facilities
projects that ‘‘[do] not require would consider the particular elements such as boat ramps, fishing piers, and
substantial placement of fill or of that project to determine whether the observation platforms as such activities
dredging.’’ proposed action fits within the limits of are explicitly covered by F3(c), and
NOAA believes that the limitation of the CE. included as examples of activities
the CE with respect to dredging and covered by the CE. As described in our
asabaliauskas on DSK3SPTVN1PROD with NOTICES
placement of fill is appropriate and F3 definitions section, we believe that it is
notes that its application will be context State commenters requested appropriate to define small scale
dependent. When considering whether clarification as to whether CE F3 applies relative to the potential impacts of the
placement of fill or dredging are to the restoration or repair of buildings project, rather than with respect to the
‘‘substantial,’’ NOAA will consider the of cultural or historic significance. funding level involved.
volume of the fill to be placed, as well Additionally, state commenters sought Finally, with respect to viewshed
as the context in which it would occur clarification as to whether the CE impact evaluation, NOAA’s staff will
to determine that the placement will not applies to small-scale construction of rely upon their professional expertise
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previously authorized commercial and/ [A2]. ‘‘Preparation of a recovery plan [B4.] ‘‘Issuance of incidental
or recreational fishing activities. This pursuant to section 4(f)(1) of the ESA. harassment authorizations under section
change does not change the intended Such plans are advisory documents that 101(a)(5)(A) and (D) of the MMPA for
scope of the proposed CE, but only provide consultative and technical the incidental, but not intentional, take
makes the scope of the CE clearer for assistance in recovery planning and do by harassment of marine mammals
users and the public. In addition, we not implement site-specific or species- during specified activities and for which
have revised the first example under specific management actions. However, no serious injury or mortality is
this CE to add ‘‘Collecting data from’’ implementation of specific tasks anticipated.’’
before ‘‘observer coverage onboard identified in a recovery plan may [B5.] ‘‘Issuance of, or amendments to,
commercial and recreational fishing require an EA or EIS depending on the general permits for activities that are
vessels.’’ This change is being made to nature of the action.’’ included in established permit
make it more explicit that the example [A3.] ‘‘Temporary fishery closures or categories at 15 CFR pt. 922 and that
is referring only to the collection of data extensions of closures under Section meet the regulatory review criteria at 15
through previously authorized observer 305(c)(3)(C) of the Magnuson-Stevens CFR pt. 922, that limit any potential
coverage, and nothing else related to Fishery Conservation and Management impacts so that the proposed activity
observer coverage. This CE does not Act to ensure public health and safety.’’ will be conducted in a manner
cover observer coverage requirements [A4.] ‘‘Minor updates to existing compatible with the National Marine
onboard commercial or recreational national marine sanctuary management Sanctuaries Act’s primary objective of
fishing vessels, which are generally plans. This CE does not apply to resource protection.’’
addressed through fishery management sanctuary designations, expansions, [B6.] ‘‘Issuance of, or amendments to,
plans or regulations for the fishery for changes in terms of designation, or new special use permits for activities in a
which observer coverage is being national marine sanctuary that are
sanctuary management plans.’’
implemented. necessary to either establish conditions
[A5.] ‘‘Updates to existing National
of access to and use of any sanctuary
E8 Estuarine Research Reserve (NERR)
resource or promote public use and
management plans, provided that the
NOAA made a minor modification to understanding of a sanctuary resource
update does not change NERR
the text of E8 following internal and must be conducted in a manner that
boundaries or add or significantly does not destroy, cause the loss of, or
discussions with subject matter experts
change allowable uses, uses requiring a injure sanctuary resources in
to ensure that the scope of the CE
permit, or restrictions on uses. This CE accordance with the National Marine
correctly described the activities
does not apply to new NERR Sanctuaries Act.’’
undertaken and funded by NOAA. The
management plans, or to the execution [B7.] ‘‘Issuance of or amendments to,
text of the revised CE is as follows:
of any specific action subsequently authorizations for activities allowed by
‘‘Biological, chemical, food production,
funded to support the updated NERR a valid federal, regional, state, local or
ecological, or toxicological research
management plan.’’ tribal government approval (e.g., leases,
conducted in closed system mesocosm/
aquaculture facilities that are conducted [A6.] ‘‘Review and approval of permits and licenses) issued after the
according to recommended protocols changes to state coastal management effective date of sanctuary designation
that provide containment and disposal programs under the Coastal Zone or expansion, so long as such
of waste, chemicals, toxins, non-native Management Act (CZMA) § 306(e) (16 authorizations are based upon a
species, etc., in compliance with U.S.C. 1455(e)) and NOAA’s regulations consideration of the regulatory review
established Federal and state regulatory at 15 CFR part 923.’’ criteria at 15 CFR pt. 922, and will only
guidelines, and best management Trust Resource Authorization and result in negligible effects to sanctuary
practices.’’ Permitting Actions resources.’’
[B8.] ‘‘Issuance of, or amendments to
IV. NOAA Categorical Exclusions [B1.] ‘‘Issuance of permits or permit certifications for pre-existing activities
The following series of CEs includes modifications under section 10(a)(1)(A) authorized by a valid federal, regional,
actions that may be implemented either of the ESA for take, import, or export of state, local, or tribal government
directly by NOAA or by the recipient of endangered species for scientific approval (e.g., leases, permits and
a financial assistance award. The purposes or to enhance the propagation licenses) or rights of subsistence use or
activities contemplated in the series of or survival of the affected species, or in access in existence on the date of the
CEs have been evaluated and found not accordance with the requirements of an designation or expansion of any
to have individual or cumulative ESA section 4(d) regulation for national marine sanctuary where the
significant impacts on the human threatened species.’’ Office of National Marine Sanctuaries
environment, whether implemented by [B2.] ‘‘Issuance of permits or permit issues terms and conditions that are
a grantee through a financial assistance amendments under section 104 of the either ministerial or prescribe
award or directly implemented by MMPA for take or import of marine avoidance, minimization, or mitigation
NOAA. These CEs can be found as mammals for scientific research, measures designed to ensure negligible
appendix E to the Companion Manual, enhancement, commercial or effects to sanctuary resources.’’
along with illustrative examples for educational photography or public [B9.] ‘‘Issuance of, or amendments to
many of the categories. display purposes; and issuance of Papahānaumokuākea Marine National
Letters of Confirmation under the Monument (as originally established by
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Trust Resource Management Actions General Authorization for scientific Presidential Proclamation 8031 and
[A1]. ‘‘An action that is a technical research involving only Level B named Papahānaumokuākea Marine
correction or a change to a fishery harassment.’’ National Monument by Presidential
management action or regulation, which [B3.] ‘‘Issuance of, and amendments Proclamation 8112) permits for
does not result in a substantial change to, ‘‘low effect’’ Incidental Take Permits activities that are included in
in any of the following: fishing location, and their supporting ‘‘low effect’’ established permit categories (50 CFR
timing, effort, authorized gear types, or Habitat Conservation Plans under pt. 404) and that meet the regulatory
harvest levels.’’ section 10(a)(1)(B) of the ESA.’’ review criteria at (50 CFR 404.11), that
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![Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices 4311
limit any potential impacts so that the followed. This CE includes, but is not that there are no long-term adverse
proposed activity will be conducted in limited to, response or restoration ecosystem impacts.’’
a manner compatible with the actions under CERLCA, OPA, or NMSA, [E6.] ‘‘Research that involves the
monument’s primary objective of if such actions help to restore an development and testing of new and
resource protection.’’ ecosystem, habitat, biotic community, or modified fishing gear and technology in
[B10.] ‘‘Issuance of, or amendments population of living resources to a order to reduce adverse effects from
to, Papahānaumokuākea Marine determinable preimpact condition prior fishing gear on non-target species, and
National Monument special ocean use to the incident leading to the response is limited in size, magnitude, or
permits for activities or use of the or restoration.’’ duration with no potential for
monument that are engaged in to significant individual or cumulative
generate revenue or profits for one or Additional External Funding impacts.’’
more of the persons associated with the [D1.] ‘‘Financial activities for the [E7.] ‘‘Collection of data and
activity or use, and do not destroy, following financial services: (1) Loans biological samples as part of previously
cause the loss of, or injure monument for purchase, refinancing, or authorized commercial and/or
resources.’’ reconstruction of fishing vessels and recreational fishing activities.’’
[B11.] ‘‘Issuance of, or amendments to purchase or refinancing of individual [E8.] ‘‘Biological, chemical, food
permits or authorizations for activities fishing quota through the Fisheries production, ecological, or toxicological
that are conducted within Marine Finance Program; (2) Deferred tax research conducted in closed system
National Monuments other than program provided to fishermen to mesocosm/aquaculture facilities that are
Papahānaumokuākea that are limited in construct, reconstruct, or acquire fishing conducted according to recommended
scope so that the potential impacts of vessels through the Capital Construction protocols that provide containment and
the proposed activities will be Fund Program; and (3) Compensation to disposal of waste, chemicals, toxins,
conducted in a manner compatible with fishermen for economic and property non-native species, etc., in compliance
a monument’s primary objective of losses caused by oil and gas with established Federal and state
resource protection, and do not destroy, obstructions on the U.S. Outer regulatory guidelines, and best
cause the loss of, or injure monument Continental Shelf under the Fishermen’s management practices.’’
resources.’’ Contingency Fund.’’
[B12.] ‘‘Issuance of Exempted Fishing Real and Personal Property
[D2.] ‘‘Provision of a grant, a contract Improvement, Maintenance, and
Permits (EFPs), Scientific Research
or other financial assistance to a State, Construction Actions
Permits (SRPs), and other permits for
Fishery Management Council or Marine
research that may impact species under [F1.] ‘‘Siting, construction (or
Fisheries Commission under 16 U.S.C.
the authority of the Magnuson-Stevens modification), and operation of support
1881a(d).’’
Fishery Conservation and Management buildings and support structures
Act (MSA) and the Atlantic Tunas Research Actions (including, but not limited to, trailers
Convention Act (ATCA). This CE is and prefabricated buildings) within or
[E1.] ‘‘Activities conducted in
limited to permits that authorize contiguous to an already developed area
laboratories and facilities where
activities that are limited in size, (where active utilities and currently
research practices and safeguards
magnitude or duration with no potential used roads are readily accessible).’’
prevent environmental impacts.’’
for significant individual or cumulative [F2.] ‘‘In-kind replacement of personal
impacts.’’ [E2.] ‘‘Social science projects and
property and fixtures and other
programs, including economic, political
components of real property when such
Habitat Restoration Actions science, human geography,
activities do not result in a substantial
[C1.] ‘‘Habitat restoration actions, demography, and sociology studies,
change in the existing construction
provided that such action: (1) including information collection
footprint. In-kind replacement includes
transplants only organisms currently or activities in support of studies.’’
installation of new components to
formerly present at the site or in its [E3.] ‘‘Activities to collect aquatic, replace outmoded components if the
immediate vicinity (if transplant is a terrestrial, and atmospheric data in a replacement does not result in a
component of the action); (2) does not non-destructive manner.’’ substantial change to the design
require substantial placement of fill or [E4.] ‘‘Activities that remotely survey capacity, or function of the facility.’’
dredging; (3) does not involve any or observe living resources in the field [F3.] ‘‘(a) Routine repair,
removal of debris, excavation, or using non-invasive techniques, which maintenance, and improvement of real
conditioning of soils unless such have little to no potential to adversely and personal property, where such
removal of debris, excavation, or affect the environment or interfere with activities are required to maintain and
conditioning of soils is geographically organisms or habitat.’’ preserve buildings, structures,
limited to the impact area such that site [E5.] ‘‘Activities involving invasive infrastructures, vehicles, and equipment
conditions will not impede or techniques or methods that are in a condition suitable to be used for its
negatively alter natural processes, is in conducted for scientific purposes, when designed purpose.
compliance with all permit and disposal such activities are conducted in (b) New construction, expansion and/
requirements,), and will not impact accordance with all applicable or improvement of facilities where all of
critical aquifers or recharge areas; and provisions of the Endangered Species the following conditions are met:
(4) does not involve an added risk of Act, Marine Mammal Protection Act, (1) The site is in a developed area
asabaliauskas on DSK3SPTVN1PROD with NOTICES
human or environmental exposure to Migratory Bird Treaty Act, and and/or a previously disturbed site;
toxic or hazardous substances, Magnuson-Stevens Fishery (2) The structure and proposed use
pathogens, or radioactive materials. Conservation and Management Act. are compatible with applicable Federal,
Notes: If applicable, limitations and Such activities will be limited to Tribal, State, and local planning and
mitigation measures identified in the impacting living resources on a small zoning standards and consistent with
NOAA Restoration Center Programmatic scale relative to the size of their Federally approved State coastal
Environmental Impact Statement for populations, and limited to management programs and the National
Habitat Restoration Actions must be methodologies and locations to ensure Historic Preservation Act;
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![4312 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices
(3) The proposed use will not and the disposal of personal property [G7.] ‘‘Preparation of policy
substantially increase the number of and debris in accordance with all directives, rules, regulations, and
motor vehicles, marine vessels, or applicable agency procedures and legal guidelines of an administrative,
aircraft at the facility or in the area; requirements.’’ financial, legal, technical, or procedural
(4) The site and scale of construction nature, or for which the environmental
or improvement are consistent with Operational Actions effects are too broad, speculative or
those of existing, adjacent, or nearby [G1.] ‘‘Routine administrative actions conjectural to lend themselves to
buildings; such as (1) program planning, direction meaningful analysis and will be subject
(5) The construction or improvement and evaluation, (2) administrative tasks, later to the NEPA process, either
will not result in uses that exceed services and support including collectively or on a case-by-case basis.’’
existing infrastructure capacities (e.g., personnel and fiscal management, [G8.] ‘‘Activities that are educational,
electrical, roads, sewer, water, parking); advisory services, document and policy informational, or advisory to other
(6) The construction or improvement preparation, and records management, agencies, public and private entities,
will not result in operational uses that and (3) development, establishment, visitors, individuals, or the general
adversely affect the surrounding and revisions to documents including, public, including training exercises and
community (e.g., noise); and but not limited to interagency simulations.’’
(7) The community-valued view sheds agreements, memoranda of [G9.] ‘‘Actions taken to identify,
are not adversely affected. understanding, memoranda of determine sources of, assess, prevent,
(c) Installation, repair, maintenance, agreement, cooperative agreements, and reduce, remove, dispose, or recycle
and enhancement of public access university agreements. This CE does not marine debris when removal is
facilities and infrastructure, if the include any associated activities undertaken in a non-destructive manner
activity: proposed in these documents beyond and actions are in accordance with
(1) Is small-scale and nondestructive; the administrative task of creating and Federal, State, and local laws and
and establishing the document. Actions regulations for environmental
(2) Is consistent with applicable right- subsequently funded by or undertaken protection, and where all relevant
of-way conditions and approved land pursuant to the approved documents regulatory consultation, and/or permit
use plans.’’ may require additional NEPA review at requirements have been satisfied.’’
[F4]. ‘‘Routine groundskeeping and the time those actions are proposed.’’
landscaping activities where ground Acquisition and Real Property Actions
[G2.] ‘‘Routine movement of mobile
disturbance is limited to previously [H1.] ‘‘Procurement of labor,
assets, such as vessels and aircraft, for
disturbed areas (e.g., previously filled equipment, materials, data and software
homeport reassignments or repair/
paved, or cleared areas).’’ needed to execute mission requirements
overhaul, where no new support
[F5.] ‘‘Installation, operation, in accordance with applicable
facilities are required.’’
maintenance, improvements, repair, procurement regulations, executive
[G3.] ‘‘Topographic, bathymetric, land
upgrade, removal, and/or replacement orders, and policies. This includes, but
use and land cover, geological,
of instruments or instrument systems in is not limited to, procurement of mobile
hydrologic mapping, charting, and
or on: and portable equipment that is stored in
1. An existing structure or object (e.g., surveying services that do not involve
existing structures or facilities.’’
tower, antenna, building, pier, buoy, major surface or subsurface land [H2.] ‘‘Procurement of space by
terrestrial vehicle, or bridge) or disturbance and involve no permanent purchase or lease of or within an
2. on previously disturbed (e.g., filled, physical, chemical, or biological change existing facility or structure in
paved, or cleared) ground, or to the environment.’’ accordance with applicable
3. on undisturbed ground, if the [G4.] ‘‘Basic environmental services procurement regulations, executive
equipment installation, operation, and and monitoring, such as weather orders, and policies when there is no
removal will require no or minimal observations, communications, change in the general type of use, no
ground disturbance.’’ analyses, and predictions; new construction of buildings or
Microwave/radio communications environmental satellite operations and utilities, and minimal change in design
towers and antennas must be limited to services; digital and physical from the previous occupancy level.’’
200 feet in height without guy wires. environmental data and information [H3.] ‘‘Outgranting of government-
NOAA proposes a new CE to cover services; air and water quality controlled property in accordance with
activities of installing, operating, observations and analysis, and IT applicable regulations, executive orders,
repairing, maintaining, upgrading, operations. All such activities must be and policies to a Federal entity for any
removing and/or replacing instruments conducted within existing facilities.’’ purpose consistent with the existing
or instrument systems in or on an [G5.] ‘‘Enforcement operations land or facility use or to a non-Federal
existing structure or object, or on conducted under legislative mandate entity, when the use will remain
previously disturbed ground or on such as the MSA, ESA, MMPA, the substantially the same.’’
undisturbed ground that involve either Lacey Act Amendments of 1981 (Lacey), [H4.] ‘‘Acquisition of real property
no or minimal ground disturbance. and/or the National Marine Sanctuaries (including fee simple estates,
[F6.] ‘‘The determination that real Act. This does not include bringing leaseholds, and easements) that is not
property is excess to the needs of the judicial or administrative civil or acquired through condemnation of a
Agency, when the real property is criminal enforcement actions which are lease interest, and will not result in
asabaliauskas on DSK3SPTVN1PROD with NOTICES
excessed in conformity with General outside the scope of NEPA in significant change in use and does not
Services Administration procedures or accordance with 40 CFR 1508.18(a).’’ involve construction or modification.’’
is legislatively authorized to be [G6.] ‘‘Actions that change the [H5.] ‘‘Granting easements or rights of
excessed.’’ NEXRAD radar coverage patterns that entry to use NOAA controlled property
[F7.] ‘‘The disposal, demolition or do not lower the lowest scan elevation for activities that, if conducted by
removal of real property and related and do not result in direct scanning of NOAA, could be categorically excluded.
improvements, buildings and structures, previously non-scanned terrain by the Grants of easements or rights-of-way for
including associated site restoration, NEXRAD main beam.’’ the use of NOAA controlled real
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![Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Notices 4313
property complementing the use of stakeholders—including the private everything from refrigerators to
existing rights-of-way or real property industry, researchers, academia, and automobiles to factory inventory
use for use by vehicles (not to include civil society—on the issues and systems. At the same time, IoT
significant increases in vehicle loading); proposed approach, current initiatives, encompasses a widening scope of
electrical, telephone, and other and next steps laid out in this paper. industries and activities and a vastly
transmission and communication lines; These comments will help inform increasing scale and number of devices
water, wastewater, stormwater, and Department leadership on possible being connected, thus raising the stakes
irrigation pipelines, pumping stations, future Department action regarding IoT. and impacts of broad connectivity. Due
and facilities; and similar utility and DATES: Comments are due on or before to its expertise and experience with the
transportation uses.’’ 5 p.m. Eastern Time on February 27, issues raised by IoT, as well as its
[H6.] ‘‘Relocation of employees into 2017. economy-wide perspective, the
existing Federally-owned or Department is well placed to meet the
commercially leased office space within ADDRESSES: Written comments may be challenges of IoT and to champion the
the same metropolitan area not submitted by email to iotrfc2017@ development of a robust IoT
involving a substantial increase in the ntia.doc.gov. Comments submitted by environment that benefits consumers,
number of motor or other vehicles at a email should be machine-readable and the economy, and society as a whole.
facility.’’ should not be copy-protected. Written With an April 2016 Request for
[H7.] ‘‘Transferring real property to a comments also may be submitted by Comment, ‘‘The Benefits, Challenges,
non-Federal entity, an agency other than mail to the National and Potential Roles for the Government
GSA, as well as to States, local agencies Telecommunications and Information in Fostering the Advancement of the
and Indian Tribes, including return of Administration, U.S. Department of Internet of Things,’’ the Department
public domain lands to the Department Commerce, 1401 Constitution Avenue sought to review the current
of the Interior.’’ NW., Room 4725, Attn: IOT RFC 2017, technological and policy landscape
Washington, DC 20230. Responders relating to IoT.1 A broad array of
Dated: January 6, 2017. should include the name of the person
Lois J. Schiffer, stakeholders—from the private sector,
or organization filing the comment, as academia, government, and civil
General Counsel for the National Oceanic well as a page number on each page of
and Atmospheric Administration. society—offered perspectives in
their submissions. All comments response to the request.2 In September
[FR Doc. 2017–00553 Filed 1–12–17; 8:45 am] received are a part of the public record 2016, the Department hosted a
BILLING CODE 3510–12–P and will generally be posted on the workshop to delve deeper into the
NTIA Web site, http://www. questions raised by the Request for
ntia.doc.gov/, without change. All Comment, and to explore some of the
DEPARTMENT OF COMMERCE personal identifying information (for related issues arising from the public
example, name, address) voluntarily comments.3 The Department issued a
National Telecommunications and
submitted by the commenter may be green paper entitled ‘‘Fostering the
Information Administration
publicly accessible. Do not submit Advancement of the Internet of Things,’’
[Docket No. 170105023–7023–01] confidential business information or which represents the Department’s
RIN 0660–XC033
otherwise sensitive or protected analysis of those comments.4 The green
information. NTIA will accept paper also identifies key issues that can
The Benefits, Challenges, and anonymous comments. impact the deployment of IoT
Potential Roles for the Government in FOR FURTHER INFORMATION CONTACT: technologies, highlights potential
Fostering the Advancement of the Travis Hall, National benefits and challenges, and discusses
Internet of Things Telecommunications and Information what role, if any, the U.S. Government,
Administration, U.S. Department of particularly the Department, should
AGENCY: National Telecommunications Commerce, 1401 Constitution Avenue
and Information Administration, U.S. play in this evolving landscape. With
NW., Room 4725, Washington, DC this Request for Comment, the
Department of Commerce. 20230; telephone (202) 482–3522; email Department is asking for a response to
ACTION: Notice, request for public thall@ntia.doc.gov. Please direct media the issues raised by the green paper, as
comment. inquiries to NTIA’s Office of Public well as the proposed approach, current
SUMMARY: Recognizing the vital Affairs, (202) 482–7002, or at press@ initiatives, and next steps.
importance of the Internet to U.S. ntia.doc.gov.
1 Request for Comments on the Benefits,
innovation, prosperity, education, and SUPPLEMENTARY INFORMATION:
Challenges, and Potential Roles for the Government
civic and cultural life, the Department Background: As part of the in Fostering the Advancement of the Internet of
of Commerce (Department) has made it Department’s Digital Economy Agenda, Things, 81 FR 19956 (April 16, 2016), available at
a top priority to encourage growth of the the National Telecommunications and https://ntia.doc.gov/federal-register-notice/2016/rfc-
digital economy and ensure that the Information Administration (NTIA) is potential-roles-government-fostering-advancement-
internet-of-things.
Internet remains an open platform for requesting comment on the benefits, 2 All comments are publicly available at: https://
innovation. Thus, as part of the challenges, and potential roles for the ntia.doc.gov/federal-register-notice/2016/
Department’s Digital Economy Agenda, government in fostering the comments-potential-roles-government-fostering-
the National Telecommunications and advancement of the Internet of Things advancement-internet-of-things.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
3 ‘‘Fostering the Advancement of the Internet of
Information Administration (NTIA) (IoT).
Things Workshop Webcast,’’ September 1, 2016,
issued a green paper ‘‘Fostering the The Internet of Things—in which available at https://ntia.doc.gov/other-publication/
Advancement of the Internet of Things’’ connected devices are proliferating at an 2016/09012016-fostering-advancement-internet-
that lays out an approach and areas of unprecedented rate—is transforming the things-workshop-webcast (In addition to the
engagement for the Department’s way we live and do business. IoT webcast, also available are the Workshop agenda,
transcript, and various presentations).
possible future work on the Internet of continues the decades-long trend of 4 The IOT green paper is available at: https://
Things (IoT). Through this Notice, NTIA increasing connectivity among devices www.ntia.doc.gov/other-publication/2017/green-
seeks broad input from all interested and the Internet, bringing online paper-fostering-advancement-internet-things.
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Document Created: 2017-01-13 02:45:18
Document Modified: 2017-01-13 02:45:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability. | |
| Dates | The revised procedures are effective January 13, 2017. | |
| Contact | For information regarding NOAA's NEPA procedures, contact Katherine Renshaw, NOAA NEPA Coordinator, at [email protected] or 301-713-7380. | |
| FR Citation | 82 FR 4306 | |
| RIN Number | 0648-XF13 |
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