82 FR 55502 - 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 224 (November 22, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 224 (November 22, 2017)
| Page Range | 55502-55503 | |
| FR Document | 2017-25104 |
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)] [Rules and Regulations] [Pages 55502-55503] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25104] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No. 160413330-6330-01] RIN 0648-BF99 Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Final rule; notification of delay of effectiveness for discharge requirements with regard to U.S. Coast Guard activities. ----------------------------------------------------------------------- SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The final rule entered into effect on June 9, 2015. At that time, NOAA postponed, with regard to U.S. Coast Guard (USCG) activities, the effectiveness of the discharge requirements for six months in the regulations for both sanctuaries in the newly added areas. Since then, NOAA published four documents to extend the postponement of the discharge requirements to provide adequate time for completion of an environmental assessment, and subsequent rulemaking regarding USCG activities, as appropriate. The current extension would end on December 9, 2017. This document, published concurrently with a proposed rule to address discharges by the USCG and an environmental assessment, will extend the postponement of the discharge requirements for USCG activities in the expansion areas of GFNMS and CBNMS for one year beyond the end of the current extension to provide adequate time for completion, if appropriate, of a final environmental assessment and final rule. This extension will end on December 9, 2018, or 30 days after publication of a final rule, whichever comes first. DATES: The effectiveness for the discharge requirements in both CBNMS and GFNMS expansion areas with regard to USCG activities is December 9, 2018. 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 https://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 [[Page 55503]] 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. Four 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), December 6, 2016 (81 FR 87803), and June 7, 2017 (82 FR 26339) to provide adequate time for completion of an environmental assessment and to determine NOAA's next steps. Without further NOAA action, the discharge regulations will become effective, with regard to USCG activities, on December 9, 2017. However, NOAA is currently considering whether, among other things, to exempt certain USCG activities in sanctuary regulations and is concurrently publishing a proposed rule and draft environmental analysis to seek comment on the potential exemption. NOAA is therefore postponing the effectiveness of the discharge requirements in the expansion areas of both sanctuaries with regard to USCG activities for one year until December 9, 2018, or 30 days after publication of a final rule, whichever comes first, to provide adequate time for completion of a final environmental assessment and final rule, as appropriate. The proposed rule and related environmental analysis associated with this action will give the public, other federal agencies, and interested stakeholders an opportunity to comment on various alternatives that are being considered. 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 under Executive Order 12866. C. Executive Order 13771: Regulatory Reform This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. D. Administrative Procedure Act The Assistant Administrator of National Ocean Service (NOS) finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive the notice and comment requirements of the Administrative Procedure Act (APA) because this action is administrative in nature. This action postpones the effectiveness of the discharge requirements in the regulations for CBNMS and GFNMS in the areas added to the sanctuaries' boundaries in 2015, that underwent notice and comment review, with regard to USCG activities for one year to provide adequate time for public scoping, completion of an environmental assessment, and concurrent rulemaking on how to address the USCG activities, as appropriate. The substance of the underlying regulations currently remains unchanged. Therefore, providing notice and opportunity for public comment under the APA would serve no useful purpose. 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: November 14, 2017. Nicole R. LeBoeuf, Deputy Assistant Administrator for Ocean Services and Coastal Zone Management, National Ocean Service. [FR Doc. 2017-25104 Filed 11-21-17; 8:45 am] BILLING CODE 3510-NK-P
![55502 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations
control is returned to neutral following considered in accordance with and Cordell Bank National Marine
the initial roll input. § 25.301(b). Sanctuary (CBNMS) to an area north
These special conditions differ from (a) Conditions corresponding to and west of their previous boundaries
similar special conditions previously steady rolling velocities must be with a final rule published on March 12,
issued on this topic. These special investigated. In addition, conditions 2015. The final rule entered into effect
conditions are limited to the roll axis corresponding to maximum angular on June 9, 2015. At that time, NOAA
only, whereas other special conditions acceleration must be investigated for postponed, with regard to U.S. Coast
also included pitch and yaw axes. airplanes with engines or other weight Guard (USCG) activities, the
Special conditions are no longer needed concentrations outboard of the fuselage. effectiveness of the discharge
for the yaw axis because § 25.351 was For the angular acceleration conditions, requirements for six months in the
revised at Amendment 25–91 to take zero rolling velocity may be assumed in regulations for both sanctuaries in the
into account effects of an electronic the absence of a rational time-history newly added areas. Since then, NOAA
flight-control system. No special investigation of the maneuver. published four documents to extend the
conditions are needed for the pitch axis (b) At VA, sudden movement of the postponement of the discharge
because the method that Mitsubishi flight-deck roll control up to the limit is requirements to provide adequate time
proposed for the pitch maneuver takes assumed. The position of the flight-deck for completion of an environmental
into account effects of an electronic roll control must be maintained until a assessment, and subsequent rulemaking
flight-control system. steady roll rate is achieved, and then regarding USCG activities, as
These special conditions contain the must be returned suddenly to the appropriate. The current extension
additional safety standards that the neutral position. would end on December 9, 2017. This
Administrator considers necessary to (c) At VC, the flight-deck roll control document, published concurrently with
establish a level of safety equivalent to must be moved suddenly and a proposed rule to address discharges by
that established by the existing maintained so as to achieve a roll rate the USCG and an environmental
airworthiness standards. not less than that obtained in special assessment, will extend the
condition (b). postponement of the discharge
Applicability (d) At VD, the flight-deck roll control requirements for USCG activities in the
As discussed above, these special must be moved suddenly and expansion areas of GFNMS and CBNMS
conditions are applicable to the Model maintained so as to achieve a roll rate for one year beyond the end of the
MRJ–200 airplanes. Should Mitsubishi not less than one third of that obtained current extension to provide adequate
apply at a later date for a change to the in special condition (b). time for completion, if appropriate, of a
type certificate to include another final environmental assessment and
Victor Wicklund,
model incorporating the same novel or final rule. This extension will end on
Manager, Transport Standards Branch, Policy
unusual design feature, these special December 9, 2018, or 30 days after
and Innovation Division, Aircraft
conditions would apply to that model as Certification Service. publication of a final rule, whichever
well. comes first.
[FR Doc. 2017–25019 Filed 11–21–17; 8:45 am]
DATES: The effectiveness for the
Conclusion BILLING CODE 4910–13–P
discharge requirements in both CBNMS
This action affects only certain novel and GFNMS expansion areas with
or unusual design features on one model regard to USCG activities is December 9,
DEPARTMENT OF COMMERCE 2018.
of airplanes. It is not a rule of general
applicability. National Oceanic and Atmospheric ADDRESSES: Copies of documents
Administration relating to the expansion, including the
List of Subjects in 14 CFR Part 25
Final Environmental Impact Statement
Aircraft, Aviation safety, Reporting 15 CFR Part 922 (FEIS), final management plans, and the
and recordkeeping requirements. final rule published on March 12, 2015,
[Docket No. 160413330–6330–01] can be viewed or downloaded at https://
The authority citation for these
special conditions is as follows: RIN 0648–BF99 farallones.noaa.gov/manage/expansion_
Authority: 49 U.S.C. 106(g), 40113, 44701,
cbgf.html.
44702, 44704. Delay of Discharge Requirements for FOR FURTHER INFORMATION CONTACT:
U.S. Coast Guard Activities in Greater Maria Brown, Greater Farallones
The Special Conditions Farallones and Cordell Bank National National Marine Sanctuary
Accordingly, pursuant to the Marine Sanctuaries Superintendent, at Maria.Brown@
authority delegated to me by the AGENCY: Office of National Marine noaa.gov or 415–561–6622.
Administrator, the following special Sanctuaries (ONMS), National Ocean SUPPLEMENTARY INFORMATION:
conditions are issued as part of the type Service (NOS), National Oceanic and
certification basis for Mitsubishi Model I. Background
Atmospheric Administration (NOAA),
MRJ–200 airplanes. Department of Commerce (DOC). On March 12, 2015, NOAA expanded
In lieu of compliance to 14 CFR ACTION: Final rule; notification of delay the boundaries of Gulf of the Farallones
25.349(a), the following conditions, of effectiveness for discharge National Marine Sanctuary (now
speeds, and flight-deck roll-control requirements with regard to U.S. Coast renamed Greater Farallones National
motions (except as the motions may be Guard activities. Marine Sanctuary or GFNMS) and
limited by pilot effort) must be Cordell Bank National Marine Sanctuary
ethrower on DSK3G9T082PROD with RULES
considered in combination with an SUMMARY: The National Oceanic and (CBNMS) to an area north and west of
airplane load factor of zero, and of two- Atmospheric Administration (NOAA) their previous boundaries with a final
thirds of the positive maneuvering expanded the boundaries of Gulf of the rule (80 FR 13078). The final rule
factor used in design. In determining the Farallones National Marine Sanctuary entered into effect on June 9, 2015 (80
resulting control-surface deflections, the (now renamed Greater Farallones FR 34047). In the course of the
torsional flexibility of the wing must be National Marine Sanctuary or GFNMS) rulemaking to expand GFNMS and
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![Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations 55503
CBNMS, NOAA learned from U.S. Coast sanctuaries. Potential environmental DEPARTMENT OF HEALTH AND
Guard (USCG) that the discharge impacts of the decision to postpone HUMAN SERVICES
regulations had the potential to impair effectiveness are sufficiently
the operations of USCG vessels and encompassed within the impacts Food and Drug Administration
aircraft conducting law enforcement and analysis of the environmental baseline
on-water training exercises in GFNMS and the no action alternative presented 21 CFR Part 1
and CBNMS expansion areas. The USCG in that analysis. Should NOAA decide [Docket No. FDA–2013–N–0013]
supports national marine sanctuary to amend the regulations governing
management by providing routine discharges for USGS activities in Sanitary Transportation of Human and
surveillance and dedicated law CBNMS and GFNMS, any additional Animal Food: What You Need to Know
enforcement of the National Marine environmental analysis required under About the Food and Drug
Sanctuaries Act (NMSA) and sanctuary NEPA would be prepared and released Administration Regulation; Small
regulations. To ensure that the March for public comment. Entity Compliance Guide; Availability
12, 2015, rule did not undermine
USCG’s ability to perform its duties, at B. Executive Order 12866: Regulatory AGENCY: Food and Drug Administration,
that time, NOAA postponed the Impact HHS.
effectiveness of the discharge This action has been determined to be ACTION: Notification of availability.
requirements in both sanctuaries’ not significant under Executive Order
regulations with regard to USCG SUMMARY: The Food and Drug
12866. Administration (FDA, the Agency, or
activities in the expansion areas for six
months. Four additional six-month C. Executive Order 13771: Regulatory we) is announcing the availability of a
postponements of the effectiveness of Reform guidance for industry entitled ‘‘Sanitary
the discharge requirements were Transportation of Human and Animal
published in the Federal Register on This action is not expected to be an Food: What You Need to Know About
December 1, 2015 (80 FR 74985), May Executive Order 13771 regulatory action the FDA Regulation—Small Entity
31, 2016 (81 FR 34268), December 6, because this action is not significant Compliance Guide.’’ The small entity
2016 (81 FR 87803), and June 7, 2017 under Executive Order 12866. compliance guide (SECG) is intended to
(82 FR 26339) to provide adequate time help small entities comply with the
D. Administrative Procedure Act final rule entitled ‘‘Sanitary
for completion of an environmental
assessment and to determine NOAA’s The Assistant Administrator of Transportation of Human and Animal
next steps. Without further NOAA National Ocean Service (NOS) finds Food.’’
action, the discharge regulations will good cause pursuant to 5 U.S.C. DATES: The announcement of the
become effective, with regard to USCG 553(b)(B) to waive the notice and guidance is published in the Federal
activities, on December 9, 2017. comment requirements of the Register on November 22, 2017.
However, NOAA is currently Administrative Procedure Act (APA) ADDRESSES: You may submit either
considering whether, among other because this action is administrative in electronic or written comments on
things, to exempt certain USCG nature. This action postpones the Agency guidances at any time as
activities in sanctuary regulations and is effectiveness of the discharge follows:
concurrently publishing a proposed rule requirements in the regulations for
and draft environmental analysis to seek CBNMS and GFNMS in the areas added Electronic Submissions
comment on the potential exemption. to the sanctuaries’ boundaries in 2015, Submit electronic comments in the
NOAA is therefore postponing the that underwent notice and comment following way:
effectiveness of the discharge review, with regard to USCG activities • Federal eRulemaking Portal:
requirements in the expansion areas of for one year to provide adequate time https://www.regulations.gov. Follow the
both sanctuaries with regard to USCG for public scoping, completion of an instructions for submitting comments.
activities for one year until December 9, environmental assessment, and Comments submitted electronically,
2018, or 30 days after publication of a concurrent rulemaking on how to including attachments, to https://
final rule, whichever comes first, to address the USCG activities, as www.regulations.gov will be posted to
provide adequate time for completion of appropriate. The substance of the the docket unchanged. Because your
a final environmental assessment and underlying regulations currently comment will be made public, you are
final rule, as appropriate. The proposed remains unchanged. Therefore, solely responsible for ensuring that your
rule and related environmental analysis providing notice and opportunity for comment does not include any
associated with this action will give the public comment under the APA would confidential information that you or a
public, other federal agencies, and serve no useful purpose. For the reasons third party may not wish to be posted,
interested stakeholders an opportunity above, the Assistant Administrator also such as medical information, your or
to comment on various alternatives that finds good cause under 5 U.S.C. 553(d) anyone else’s Social Security number, or
are being considered. to waive the 30-day delay in confidential business information, such
II. Classification effectiveness and make this action as a manufacturing process. Please note
effective immediately upon publication. that if you include your name, contact
A. National Environmental Policy Act information, or other information that
Authority: 16 U.S.C. 1431 et seq.
NOAA previously conducted an identifies you in the body of your
Dated: November 14, 2017.
environmental analysis under the comments, that information will be
ethrower on DSK3G9T082PROD with RULES
National Environmental Policy Act Nicole R. LeBoeuf, posted on https://www.regulations.gov.
(NEPA) as part of the rulemaking Deputy Assistant Administrator for Ocean • If you want to submit a comment
process leading to the expansion of Services and Coastal Zone Management, with confidential information that you
CBNMS and GFNMS, which addressed National Ocean Service. do not wish to be made available to the
regulations regarding the discharge of [FR Doc. 2017–25104 Filed 11–21–17; 8:45 am] public, submit the comment as a
any matter or material in the BILLING CODE 3510–NK–P written/paper submission and in the
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Document Created: 2017-11-22 00:48:58
Document Modified: 2017-11-22 00:48:58
| 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; notification 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 USCG activities is December 9, 2018. | |
| Contact | Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622. | |
| FR Citation | 82 FR 55502 | |
| RIN Number | 0648-BF99 |
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