82 FR 55529 - Vessel and Aircraft Discharges From United States 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 | 55529-55535 | |
| FR Document | 2017-25105 |
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)] [Proposed Rules] [Pages 55529-55535] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25105] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No. 170315274-7274-01] RIN 0648-BG73 Vessel and Aircraft Discharges From United States 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: Proposed rule. ----------------------------------------------------------------------- SUMMARY: With this proposed rule, the National Oceanic and Atmospheric Administration (NOAA) considers allowing the United States Coast Guard (USCG or Coast Guard) to carry out certain otherwise prohibited activities within waters of Greater Farallones National Marine Sanctuary (GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) approximately 3 nautical miles (nm) from the shore, in the areas of the sanctuaries that were expanded in 2015. The discharges under consideration are: Untreated vessel sewage, vessel graywater as defined by the Federal Water Pollution Control Act, as amended (FWPCA), that does not meet the definition of ``clean'' as defined by the GFNMS and CBNMS regulations, and ammunition and pyrotechnic (warning projectile, flare, smoke float and marine marker) materials used in USCG training exercises for use of force (live fire or gunnery) and training exercises for search and rescue (SAR) of vessels or persons in distress. No change is proposed to the regulatory prohibitions or exceptions applicable to the pre-expansion boundaries of the two sanctuaries. A draft environmental assessment (DEA) under the National Environmental Policy Act (NEPA) has been prepared for this proposed action. NOAA is soliciting public comment on the proposed rule and DEA. DATES: Comments will be considered if received by January 16, 2018. Public hearings will be held on December 5 and 13, 2017, from 6 p.m. to 8 p.m. ADDRESSES: You may submit comments on this document and/or on the DEA, identified by NOAA-NOS-2017-0140, by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NOS-2017-0140, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Maria Brown, Superintendent, Greater Farallones National Marine Sanctuary, 991 Marine Drive, The Presidio, San Francisco, CA 94129. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NOAA. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NOAA will accept anonymous comments (enter ``N/A'' in the required fields if you wish to [[Page 55530]] remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Copies of the DEA and proposed rule can be downloaded or viewed on the internet at www.regulations.gov (search for docket # NOAA-NOS-2017- 0140) or at https://farallones.noaa.gov/manage/regulations.html. Copies can also be obtained by contacting the person identified under FOR FURTHER INFORMATION CONTACT. Public hearings will be held in the following locations: December 5, 2017. 6-8 p.m. Bay Model, 2100 Bridgeway, Sausalito, CA 94965. December 13, 2017. 6-8 p.m. Gualala Community Center, 47950 Center Street, Gualala, CA 95445. FOR FURTHER INFORMATION CONTACT: Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622. SUPPLEMENTARY INFORMATION: I. Background A. Introduction On March 12, 2015, NOAA expanded the boundaries of GFNMS and CBNMS to an area north and west of their previous boundaries. In that rule, pursuant to a request from the USCG, NOAA announced that it would postpone the effective date for the discharge requirements in both expansion areas (defined as the areas that were added to the existing 1981 and 1989 boundaries for GFNMS and CBNMS, respectively) with regard to USCG activities. NOAA stated the purpose of the postponement was to look at ways to address Coast Guard's concerns that the discharge regulations would impair the operations of Coast Guard vessels in, and aircraft over, the sanctuaries, and to consider, among other things, whether to exempt Coast Guard activities in both sanctuary expansion areas. This proposed rule considers allowing the USCG to carry out otherwise prohibited discharges within waters of the GFNMS and CBNMS expansion areas seaward of approximately 3 nm from the shore, as described in more detail below. In formulating this proposed rule, NOAA considered a number of factors discussed more fully in the DEA, including the ability of the USCG to complete its mission requirements and the policy of facilitating uses of the sanctuaries to the extent compatible with resource protection. B. Greater Farallones and Cordell Bank National Marine Sanctuaries NOAA is charged with managing areas of the marine environment which are of special national significance as the National Marine Sanctuary System (16 U.S.C. 1431 (b)(1)). The Office of National Marine Sanctuaries (ONMS) is the federal office within NOAA that manages the National Marine Sanctuary System. The mission of ONMS is to identify, protect, conserve, and enhance the natural and cultural resources, values, and qualities of the National Marine Sanctuary System (System) for this and future generations throughout the nation. This System includes 13 national marine sanctuaries, among them GFNMS and CBNMS, and Papah[amacr]naumoku[amacr]kea and Rose Atoll marine national monuments. GFNMS was designated in 1981 and protects approximately 3,295 square miles (2,488 square nautical miles). CBNMS was designated in 1989 and protects approximately 1,286 square miles (971 square nautical miles). NOAA expanded both sanctuaries to their current size on March 12, 2015 (80 FR 13078). When referring to the expansion areas of the sanctuaries, NOAA means the areas that were added to the existing 1981 and 1989 boundaries for GFNMS and CBNMS, respectively. Both GFNMS and CBNMS' regulations prohibit discharging or depositing, from within or into the sanctuary, any material or other matter (15 CFR 922.82(a)(2) and (3) and 15 CFR 922.112(a)(2)(i) and (ii)). Both the GFNMS and CBNMS regulations also prohibit discharging or depositing, from beyond the boundary of the sanctuary, any material or other matter that subsequently enters the sanctuary and injures a sanctuary resource or quality (15 CFR 922.82(a)(4); 15 CFR 922.112(a)(2)(iii)). Most national marine sanctuaries also have similar regulatory prohibitions. The discharge prohibitions are aimed at maintaining and improving water quality within national marine sanctuaries to enhance conditions for their living marine resources. The discharge prohibitions include the following exceptions relevant to the proposed action: For a vessel less than 300 gross registered tons (GRT), or a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the sanctuary, clean effluent generated incidental to vessel use by an operable Type I or II marine sanitation device that is approved in accordance with section 312 of the Federal Water Pollution Control Act,\1\ as amended (FWPCA); vessel operators must lock all marine sanitation devices in a manner that prevents discharge or deposit of untreated sewage (15 CFR 922.82(a)(2)(ii) and 922.112(a)(2)(i)(B)); --------------------------------------------------------------------------- \1\ The Federal Water Pollution Control Act is more commonly referred to as the Clean Water Act. --------------------------------------------------------------------------- For a vessel less than 300 GRT, or a vessel 300 GRT or greater without sufficient holding tank capacity to hold graywater while within the sanctuary, clean graywater as defined by section 312 of the FWPCA (15 CFR 922.82(a)(2)(iv) and 922.112(a)(2)(i)(D)); Activities necessary to respond to an emergency threatening life, property or the environment (15 CFR 922.82(c) and 922.112(b)). The following definitions apply to these exceptions: ``Clean'' means not containing detectable levels of a harmful matter (15 CFR 922.81 and 922.111); and, ``Graywater'' means galley, bath, and shower water (33 U.S.C. 1322(a)(11)). The first two existing discharge exceptions listed above apply to all vessels other than cruise ships. Therefore, they would apply to USCG vessels and would continue to apply if the regulatory changes proposed in this rulemaking were finalized. C. USCG Activities The USCG, part of the U.S. Department of Homeland Security, is a military service and a branch of the armed forces (14 U.S.C. 1), charged with carrying out eleven maritime safety, security and stewardship missions (6 U.S.C. 468(a)). One of the missions of the USCG is to enforce or assist in the enforcement of all applicable federal laws on, under, and over the high seas and waters subject to the jurisdiction of the United States. As part of this mission, the USCG supports resource protection efforts within GFNMS and CBNMS by providing surveillance of activities within the sanctuaries and enforcement of the National Marine Sanctuaries Act (NMSA) and other laws and their implementing regulations. The USCG has the authority to enforce the NMSA under 14 U.S.C. 2 and 14 U.S.C. 89. Law enforcement activities for the two sanctuaries are also conducted by other agencies, primarily NOAA's Office of Law Enforcement and the California Department of Fish and Wildlife. In GFNMS, the National Park Service and several local agencies also conduct law enforcement activities. The USCG also leads incident planning and response activities for oil [[Page 55531]] spills and other incidents in U.S. coastal and ocean waters. These activities are necessary components of GFNMS and CBNMS management. Other USCG missions that are conducted inside NMS boundaries, some of which also support national marine sanctuary management, include waterways and coastal security; aids to navigation, including tending buoys; search and rescue (SAR); living marine resources; marine safety; and marine environmental protection. The USCG may concurrently conduct activities to support more than one of its missions when operating vessels within or aircraft above GFNMS and CBNMS. According to the USCG Environmental Vessel Manual, USCG practices allow for discharges of untreated sewage and non-clean graywater from USCG vessels in waters beyond 3 nm from shore. USCG vessels have continued these discharges beyond 3 nm from shore in the expansion areas of GFNMS and CBNMS, due to NOAA's decision to temporarily delay the effective date of applying sanctuary discharge prohibitions with respect to USCG activities in the expansion areas of GFNMS and CBNMS while NOAA assesses these activities and their potential environmental effects. According to other regulatory requirements and USCG guidance and practices, discharges are not allowed to take place within approximately 3 nm of the shore. The FWPCA requires (in Section 312) that vessels with installed toilets must only discharge sewage through a Type I or II marine sanitation device within three miles \2\ of shore (33 U.S.C. 1322(h)(4); 33 U.S.C. 1362(7)-(8)). The California Harbors and Navigation Code 775 (a)(2) and (b) require compliance with the FWPCA. There is also a U.S. Environmental Protection Agency (USEPA) designated No Discharge Zone (NDZ) prohibiting sewage discharges in the marine waters of the state that applies to specified vessels of 300 gross tons or greater,\3\ which would apply to several classes of USCG vessels. Further, the USCG Vessel Environmental Manual includes a restriction on discharging raw sewage within 3.5 miles (3 nm) of land. --------------------------------------------------------------------------- \2\ The FWPCA refers to ``miles'' but the common interpretation is ``nautical miles'', as statute miles are not used by mariners, and many states use a 3 nm from shore boundary (http://www.gc.noaa.gov/gcil_seaward.html). \3\ Various laws and regulations refer to gross tons or gross registered tons (GRT). NOAA uses the terms in this document exactly as they appear in the specific legal source cited. --------------------------------------------------------------------------- D. Need for Action In the course of the rulemaking to expand GFNMS and CBNMS, NOAA received a letter dated February 4, 2013, from the USCG stating that the prohibitions proposed for the GFNMS and CBNMS expansion areas had the potential to impair USCG surface and airborne use of force training activities, SAR training activities, and the ability of Coastal Patrol Boats to conduct any mission within the sanctuaries. Of specific concern to the USCG were the proposed prohibitions on discharges made during these training activities: Vessel sewage discharges, particularly with respect to law enforcement and SAR missions, and the ability of the USCG to operate and remain ``mission ready.'' To accommodate the need for these USCG activities to take place after the expansion rule entered into effect, NOAA postponed, for six months from the effective date of the rule, the applicability of the discharge requirements to Coast Guard activities in both expanded areas. NOAA published the final rule for the expansion of GFNMS and CBNMS on March 12, 2015 (80 FR 13078), in the Federal Register and the rule became effective on June 9, 2015 (80 FR 34047). Additional six- month postponements of the effectiveness of the discharge requirements in the expansion areas 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 enable completion of the environmental assessment and to determine NOAA's next steps. The effective date for the discharge requirements in the expansion areas for both sanctuaries with regard to USCG activities is currently postponed until December 9, 2017. Accordingly, without further NOAA action, the discharge regulations would become effective with regard to USCG activities on December 9, 2017. Thus, a separate document published in the Federal Register concurrently with this proposed rule extends the postponement of the discharge requirements for the USCG activities in the expansion areas until December 9, 2018 to provide adequate time for completion of a final environmental assessment and final rule, as appropriate. As described in the separate document, the new postponement of these discharge requirements will terminate either on December 9, 2018 or 30 days after publication of a final rule, whichever comes first. Of primary concern to USCG are the discharge regulations in both expanded sanctuaries and USCG compliance with these regulations. USCG vessels have limited capacity to treat sewage and some have limited capacity to hold sewage and graywater, and are without Type I or II marine sanitation devices onboard to treat the wastewater prior to discharge; accordingly, the discharges from such vessels would not fit within the existing regulatory exemptions for discharge within GFNMS and CBNMS. Training exercises designed to make USCG personnel ready for missions involving use of force and SAR involve discharging live ammunition and pyrotechnic materials. NOAA is concerned with protecting sanctuary resources and habitats, resolving any conflicts that could occur among sanctuary user groups (e.g., fishing and USCG live fire training), and ensuring continued USCG enforcement of sanctuary regulations and other mission activities that support sanctuary management. Prior to the expansion of GFNMS and CBNMS, the USCG was able to comply with the sanctuaries' vessel discharge regulations by discharging untreated vessel sewage and non-clean graywater in ocean waters outside GFNMS and CBNMS or by pumping it out at shoreside pump- out facilities. The expansion of GFNMS and CBNMS, with the resulting larger sizes of the sanctuaries and extension of discharge prohibitions to the expanded portions of the sanctuaries, would make it difficult for the USCG to both fulfill its missions and comply with the vessel discharge prohibitions. The USCG vessels have constraints for treating and holding sewage and non-clean graywater, and crews would have to plan for the extra time required to travel from the GFNMS and CBNMS expansion areas to USCG shoreside pump-out facilities in Bodega and San Francisco bays or to ocean waters outside national marine sanctuary boundaries to discharge vessel holding tanks (where allowed by state and federal regulations). Similarly, with regard to training activities, prior to the expansion of GFNMS and CBNMS, the USCG planned and conducted these exercises outside the sanctuaries' boundaries and within relatively short distances from USCG stations without violating sanctuary discharge regulations. Because the USCG maritime enforcement, defense readiness, and SAR capabilities are enhanced by conducting live-fire and SAR exercises in the areas in which its personnel normally operate, the expansion of GFNMS and CBNMS and extension of discharge prohibitions to the expanded portions of the sanctuaries have the potential to impair the ability of USCG to operate and train to remain ``mission ready.'' [[Page 55532]] E. History of Action Prior to the expansion of the two sanctuaries' boundaries, GFNMS and USCG had been discussing potentially allowing USCG to make discharges within the sanctuary during live fire and SAR training exercises. In 2012 and 2013, USCG District 11 and GFNMS held a series of meetings focused on discharges of flares, ammunition, and targets related to live fire and SAR training. During this time, GFNMS and USCG identified several areas for potentially allowing seasonal training- related discharges as well as possible operating protocols. The intention was to consider allowing USCG training discharges via a national marine sanctuary permit, if the activities could be conducted in a way that would minimize potential impacts to marine mammals and other living marine resources. The USCG did not submit an application for a permit, and therefore NOAA did not issue a permit. After receiving the USCG's February 4, 2013 letter, the USCG and NOAA initiated discussions to address the full range of USCG discharges from training activities, and untreated vessel sewage and graywater discharges in both GFNMS and CBNMS. As part of these discussions, the USCG and NOAA reviewed potential environmental effects and various approaches to mitigate potential harm to sanctuary resources from these USCG discharges, including NMS permits and best practices for USCG discharge activities. In January 2015, prior to the publication of the final rule to expand GFNMS and CBNMS, NOAA and the USCG entered into interagency consultations to address both agencies' concerns. The details of this ongoing consultation are described above under ``Need for Action.'' From April 21 to May 31, 2016 (81 FR 23445), NOAA accepted public comments and information to determine the relevant scope of issues and range of alternatives for NOAA to address in the environmental assessment and proposed rule. Public and agency comments were received via the Federal e-Rulemaking Portal, by mail, and at three public meetings that were held in Sausalito, Bodega Bay and Gualala on May 10, 11 and 12, respectively. Comments received are available at www.regulations.gov (search for docket NOAA-NOS-2017-0140). NOAA considered these comments in preparing this proposed rule and associated DEA. F. Process The process for this action is composed of four major stages: (1) Information collection and characterization and public scoping (scoping was completed on May 31, 2016); (2) preparation and release of a draft environmental assessment under the National Environmental Policy Act (NEPA), and any proposed amendments to the regulations if appropriate; (3) public review and comment of the proposed amendments and the draft environmental assessment; (4) preparation and release of a final environmental review document, and any final amendments to the GFNMS and CBNMS regulations, if appropriate. With the publication of this proposed rule, NOAA enters the third phase of this process. NOAA will fulfill its responsibilities to complete required consultations and/or receive necessary authorizations under the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.), section 7 of the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.), Section 106 of the National Historic Preservation Act (NHPA; 54 U.S.C. 300101), and Federal Consistency review under the Coastal Zone Management Act (CZMA; 16 U.S.C. 1451 et seq.), along with its ongoing NEPA (42 U.S.C. 4321 et seq.) process including the use of NEPA documents and public meetings to also meet the requirements of other federal laws. Together with this proposed rule, NOAA is releasing a DEA containing more detailed information on the considerations of this proposal, including assessment of alternatives, analysis of potential environmental impacts, and references. The EA can be found through the Web site in the FOR FURTHER INFORMATION CONTACT section above. II. Summary of the Proposed Regulations A. Sewage and Graywater With this proposed rule, NOAA would amend the GFNMS and CBNMS regulations to allow USCG vessels to discharge untreated sewage and non-clean graywater only in the waters of the expansion areas of GFNMS and CBNMS seaward of approximately 3.5 miles (3 nautical miles (nm)) from the shoreline. USCG discharges of untreated sewage and non-clean graywater from vessels that are not equipped with a Type I or II marine sanitation device (MSD) and without sufficient holding tank capacity would continue, as per historic and current routine USCG operational practices in waters of both expansion areas beyond 3 nm from shore. As previously described, these discharges have continued since June 2015 due to NOAA's decision to temporarily delay the effective date of applying sanctuary discharge prohibitions with respect to USCG activities while NOAA assesses these activities and their potential environmental effects. The current GFNMS and CBNMS discharge prohibitions provide an exception for clean sewage discharge (``clean effluent'') through a Type I or II MSD for: (1) A vessel less than 300 GRT, or (2) a vessel 300 GRT or greater without sufficient holding tank capacity to hold sewage while within the Sanctuary (15 CFR 922.82(a)(2)(ii) and 922.112(a)(2)(i)(B)). They also provide an exception for clean graywater to be discharged: (1) A vessel less than 300 GRT, or (2) a vessel 300 GRT or greater without sufficient holding tank capacity to hold graywater while within the Sanctuary (15 CFR 922.82(a)(2)(iv) and 922.112(a)(2)(i)(D)). According to the USCG, most of its vessels operating in GFNMS and CBNMS do not have capacity to treat sewage and graywater; they are without Type I or II MSD onboard to treat the wastewater prior to discharge. Some classes of USCG vessels also have limited capacity to hold sewage and non-clean graywater until it may be discharged outside GFNMS and CBNMS. Thus, if the regulations were to take effect in the expansion areas of GFNMS and CBNMS, the vessels would not be able to legally discharge in those portions of the sanctuaries in a manner consistent with these existing regulatory exceptions. The proposed exceptions to the GFNMS and CBNMS prohibitions for the USCG would be in addition to the current exceptions noted earlier. The areas within GFNMS and CBNMS in which these USCG vessel discharges would be excepted from the sanctuaries' discharge prohibitions correspond to the waters seaward of 3 nm from shore in the expansion areas of GFNMS and CBNMS (i.e., the areas added when the sanctuaries expanded in 2015). The geographic coordinates of these areas would be listed in an appendix to each sanctuary's regulations (appendix G of subpart H and appendix C of subpart K). Aside from the proposed exceptions for USCG training-related discharges (see below), the USCG would also continue to comply with all other existing prohibitions provided in 15 CFR 922.82 and 922.112 in both the pre- expansion areas and the expanded sanctuaries' boundaries and comply with the prohibitions for vessel discharges within the pre-expansion boundaries of the two sanctuaries. No changes to the regulatory prohibitions or exceptions applicable to the pre-expansion areas of the sanctuaries are proposed. [[Page 55533]] B. Discharges of Ammunition and Pyrotechnic Materials During Training NOAA would amend the GFNMS and CBNMS regulations to allow USCG discharges of ammunition and pyrotechnic materials (including warning projectiles, flares, smoke floats and marine markers) during live ammunition and search and rescue training exercises only in the federal waters of the expansion areas of GFNMS and CBNMS, seaward of approximately 3.5 miles (3 nautical miles (nm)) from the shoreline. The geographic coordinates of this designated area, where training discharges would be excepted from the sanctuary discharge prohibition within GFNMS and CBNMS, would be listed in an appendix to each sanctuary's regulations (appendix G of subpart H and appendix C of subpart K). The USCG would also continue to comply with all other existing prohibitions, aside from the previously described proposed exceptions for USCG vessel discharges of untreated sewage and graywater, provided in 15 CFR 922.82 and 922.112 in both the pre-expansion areas and the expanded sanctuaries' boundaries and comply with the prohibitions for vessel discharges within the pre-expansion boundaries of the two sanctuaries. No changes to the regulatory prohibitions or exceptions applicable to the pre-expansion areas of the sanctuaries are proposed. Based on a request by USCG, this proposed rule focuses on a regulatory exception to the GFNMS and CBNMS general discharge prohibition for the specified USCG discharges. However, NOAA presents in the DEA a variety of alternatives for protecting sanctuary resources while addressing the USCG's request to allow for USCG's routine discharges of untreated sewage and graywater from vessels and training discharges in GFNMS and CBNMS, allowing the USCG to fulfill its missions and comply with the sanctuaries' regulations. The DEA also lays out in more detail NOAA's consideration and analysis of factors pertinent to this proposed rule, including the ability of USCG to complete its mission operations and in the expansion areas of the sanctuaries, constraints in certain USCG vessel capabilities to treat and hold sewage and graywater, the role that USCG live fire and search and rescue trainings in the expansion areas of the sanctuaries play in USCG mission readiness, and the extent to which such USCG activities may be conducted to the maximum extent feasible in a manner consistent with the sanctuaries' primary objective of resource protection. No final decision or final rulemaking will be made until completion of the public comment period, satisfaction of permitting and consultation requirements, and completion of the NEPA analysis process. III. Classification A. National Environmental Policy Act NOAA has prepared a draft environmental assessment (DEA) to evaluate the potential impacts on the human environment of this proposed rulemaking, which is the preferred action analyzed in the DEA, as well as alternative actions. No significant adverse impacts to resources and the human environment are expected, and accordingly, under NEPA (43 U.S.C. 4321 et seq.) a draft environmental assessment is the appropriate document to analyze the potential impacts of this action. Following close of the public comment period and satisfaction of permitting and consultation requirements under applicable natural and cultural resource statutes (described below), NOAA will finalize its NEPA analysis and findings and prepare a final NEPA document. Copies of the DEA are available at the address and Web site listed in the ADDRESSES section of this proposed rule. B. Executive Order 12866: Regulatory Impact This proposed rule has been determined to be not significant within the meaning of Executive Order 12866. C. Executive Order 13771: Regulatory Reform This proposed rule is not expected to be an Executive Order 13771 regulatory action because this proposed rule is not significant under Executive Order 12866. D. Executive Order 13132: Federalism Assessment NOAA has concluded this regulatory action does not have federalism implications sufficient to warrant preparation of a federalism assessment under Executive Order 13132. E. Regulatory Flexibility Act The purpose of the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.) is to fit regulatory requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to the regulation. The RFA requires that agencies determine, to the extent feasible, the rule's economic impact on small entities, explore regulatory options for reducing any significant economic impact on a substantial number of such entities, and explain their ultimate choice of regulatory approach. The Chief Counsel for Regulation of the Department of Commerce certifies to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification is that the proposed changes are specifically targeted to the activities of the USCG in CBNMS and GFNMS, and would not have an economic effect on any small businesses. Also, this proposed rule would not substantively alter the rights, responsibilities, or legal obligations pertaining to vessel discharges for the regulated community. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. F. Paperwork Reduction Act This proposed rule does not create any new information collection requirement, nor does it revise the information collection requirement that was approved by the Office of Management and Budget (OMB Control Number 0648-0141) under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. (PRA). Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. G. National Historic Preservation Act In fulfilling its responsibility under the National Historic Preservation Act (NHPA) and NEPA, NOAA intends to determine whether the proposed rule is the type of activity that could affect historic properties. If so, NOAA intends to identify consulting parties; identify historic properties and assess the effects of the undertaking on such properties; assess potential adverse effects; and resolve adverse effects. If applicable, NOAA will initiate formal consultation with the State Historic Preservation Officer/Tribal Historic Preservation Officer, the Advisory Council of Historic Preservation, and other consulting parties as appropriate; involve the public in accordance with NOAA's NEPA procedures, and develop in consultation with identified consulting parties alternatives and proposed measures that might avoid, minimize or mitigate any adverse effects on historic properties as appropriate and describe them in the environmental assessment. [[Page 55534]] NOAA will complete applicable NHPA requirements before finalizing its NEPA analysis. Individuals or organizations who wish to participate as a consulting party should notify NOAA. Consultation requirements for the effects of the actual USCG training activities and vessel discharges on historic properties remain the responsibility of USCG, as USCG would be the lead agency performing these activities. H. Endangered Species Act The Endangered Species Act (ESA) of 1973 as amended (16 U.S.C. 1531, et seq.), provides for the conservation of endangered and threatened species of fish, wildlife, and plants. Federal agencies have an affirmative mandate to conserve ESA-listed species. Section 7(a)(2) of the ESA requires federal agencies to, in consultation with the National Marine Fisheries Service (NMFS) and/or the U.S. Fish and Wildlife Service, ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of an ESA- listed species or result in the destruction or adverse modification of designated critical habitat. NOAA's ONMS intends to begin informal consultation under the ESA with NOAA's NMFS Office of Protected Resources (OPR) upon publication of this proposed rule and complete consultation prior to the publication of the final rule or finalization of the NEPA analysis. NOAA's consultation will focus on any potential adverse effects of providing a regulatory exception to its discharge prohibition in CBNMS and GFNMS on threatened and endangered species. NOAA will complete ESA consultation before finalizing its NEPA analysis. Consultation requirements for the effects of the actual USCG training activities and vessel discharges on threatened and endangered species remain the responsibility of USCG, as USCG would be the lead agency performing the training activities. USCG communicated to NOAA its intent to fulfil the consultation requirements under the ESA, specific to their training activities and vessel discharges, with (OPR). I. Marine Mammal Protection Act The Marine Mammal Protection Act (MMPA) of 1972 (16 U.S.C. 1361 et seq.), as amended, prohibits the ``take'' \4\ of marine mammals in U.S. waters. Section 101(a)(5)(A-D) of the MMPA provides a mechanism for allowing, upon request, the ``incidental,'' but not intentional, taking, of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing or directed research on marine mammals) within a specified geographic region. ONMS intends to request technical assistance from NMFS upon publication of this proposed rule on ONMS's preliminary assessment that this action is not likely to result in take of marine mammals. If NMFS recommends that ONMS seek an Incidental Harassment Authorization or Letter of Authorization, then ONMS will submit an application for any incidental taking of small numbers of marine mammals that ONMS and NMFS conclude could occur as a result of the discharges allowed by this proposed rulemaking. NOAA's request for technical assistance will focus on the effects of providing a regulatory exception to its discharge prohibitions in CBNMS and GFNMS on marine mammals. NOAA will complete any MMPA requirements before finalizing its NEPA analysis. --------------------------------------------------------------------------- \4\ The MMPA defines take as: ``to harass, hunt, capture, or kill, or attempt to harass, hunt, capture or kill any marine mammal.'' Harassment means any act of pursuit, torment, or annoyance which, (1) Has the potential to injure a marine mammal or marine mammal stock in the wild (Level A Harassment); or (2) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B Harassment). --------------------------------------------------------------------------- Satisfying MMPA requirements for the effects of the actual training activities and vessel discharges on marine mammals remain the responsibility of USCG, as USCG would be the federal agency performing these activities. Moreover, USCG communicated to NOAA its intent to fulfill the consultation requirements under the MMPA, specific to their training activities and vessel discharges, with OPR. J. Coastal Zone Management Act (CZMA) The principal objective of the CZMA is to encourage and assist states in developing coastal management programs, to coordinate State activities, and to preserve, protect, develop and, where possible, to restore or enhance the resources of the nation's coastal zone. Section 307(c) of the CZMA requires federal activity affecting the land or water uses or natural resources of a state's coastal zone to be consistent with that state's approved coastal management program, to the maximum extent practicable. NOAA will provide a copy of this proposed rule, the DEA, and a consistency determination to the California Coastal Commission (Commission) upon publication. NOAA will wait for concurrence from the Commission prior to publication of the final rule. Consultation requirements for the effects of the actual USCG training activities and vessel discharges on land or water uses or natural resources of California's coastal zone remain the responsibility of USCG, as USCG would be the lead agency performing these activities. IV. Request for Comments NOAA requests comments on this proposed rule and the DEA. The comment period will remain open until January 16, 2018. List of Subjects in 15 CFR Part 922 Administrative practice and procedure, Coastal zone, Fishing gear, Marine resources, Natural resources, Penalties, Recreation and recreation areas, Wildlife. (Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary Program) Dated: November 14, 2017. Nicole R. LeBoeuf, Deputy Assistant Administrator for Ocean Services and Coastal Zone Management, National Ocean Service. Accordingly, for the reasons set forth above, NOAA proposes amending part 922, title 15 of the Code of Federal Regulations as follows: PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS 0 1. The authority citation for part 922 continues to read as follows: Authority: 16 U.S.C. 1431 et seq. Subpart H--Greater Farallones National Marine Sanctuary 0 2. Amend Sec. 922.82 by revising paragraphs (a)(2)(iv) and (v), adding paragraph (a)(2)(vi), and revising paragraph (a)(4) to read as follows: Sec. 922.82 Prohibited or otherwise regulated activities. (a) * * * (2) * * * (iv) For a vessel less than 300 GRT or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA; (v) Vessel engine or generator exhaust; or (vi) For a United States Coast Guard vessel that is without sufficient holding tank capacity and is without a Type I or II marine sanitation device, and that is [[Page 55535]] operating within the designated area defined in appendix G of this subpart, sewage and non clean graywater as defined by section 312 of the FWPCA generated incidental to vessel use, and ammunition, pyrotechnics or other materials directly related to search and rescue and live ammunition training activities conducted by United States Coast Guard vessels and aircraft in the designated areas defined in appendix G of this subpart. Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except for the material or other matter excepted in paragraphs (a)(2)(i) through (vi) and (a)(3) of this section. * * * * * (4) Discharging or depositing, from beyond the boundary of the Sanctuary, any material or other matter that subsequently enters the Sanctuary and injures a Sanctuary resource or quality, except for the material or other matter excepted in paragraphs (a)(2)(i) through (vi) and (a)(3) of this section. * * * * * 0 3. Amend subpart H by adding appendix G to read as follows: Appendix G to Subpart H of Part 922--Designated Area for Certain United States Coast Guard Discharges Coordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the North American Datum of 1983 (NAD83). The portion of the Greater Farallones National Marine Sanctuary area where the exception for discharges from United States Coast Guard activities applies is defined as follows. Beginning with Point 1 identified in the coordinate table in this appendix, the boundary extends from Point 1 to Point 2 in a straight line arc, and continues from Point 2 to Point 3 in a straight line arc, and from Point 3 to Point 4 in a straight line arc. From Point 4 the boundary extends east and north along a straight line arc towards Point 5 until it intersects the fixed offshore boundary between the United States and California (approximately 3 NM seaward of the coast as defined in United States vs. California, 135 S. Ct. 563 (2014)). The boundary then extends northward following the fixed offshore boundary between the United States and California until it intersects the line segment formed between Point 6 and Point 7. From this intersection, the boundary extends west along the northern boundary of Greater Farallones National Marine Sanctuary to Point 7 where it ends. ------------------------------------------------------------------------ Point No. Latitude Longitude ------------------------------------------------------------------------ 1....................................... 39.00000 -124.33350 2....................................... 38.29989 -123.99988 3....................................... 38.29989 -123.20005 4....................................... 38.26390 -123.18138 5 \1\................................... 38.29896 -123.05989 6 \1\................................... 39.00000 -123.75777 7....................................... 39.00000 -124.33350 ------------------------------------------------------------------------ \1\These coordinates are not a part of the boundary for the Designated Area for Certain United States Coast Guard Discharges. These coordinates are reference points used to draw line segments that intersect with the fixed offshore boundary between the United States and California. Subpart K--Cordell Bank National Marine Sanctuary 0 4. Amend Sec. 922.112 by revising paragraphs (a)(2)(i)(D) and (E) and adding paragraph (a)(2)(i)(F) to read as follows: Sec. 922.112 Prohibited or otherwise regulated activities. (a) * * * (2)(i) * * * (D) For a vessel less than 300 GRT or a vessel 300 GRT or greater without sufficient holding capacity to hold graywater while within the Sanctuary, clean graywater as defined by section 312 of the FWPCA; (E) Vessel engine or generator exhaust; or (F) For a United States Coast Guard vessel that is without sufficient holding tank capacity and is without a Type I or II marine sanitation device, and that is operating within the designated area defined in appendix C of this subpart, sewage and non clean graywater as defined by section 312 of the FWPCA generated incidental to vessel use, and ammunition, pyrotechnics or other materials directly related to search and rescue and live ammunition training activities conducted by United States Coast Guard vessels and aircraft in the designated areas defined in appendix C of this subpart. * * * * * 0 5. Amend subpart K by adding appendix C to read as follows: Appendix C to Subpart K of Part 922--Designated Area for Certain United States Coast Guard Discharges Coordinates listed in this appendix are unprojected (Geographic Coordinate System) and based on the North American Datum of 1983 (NAD83). The portion of the Cordell Bank National Marine Sanctuary area where the exception for discharges from United States Coast Guard activities applies is defined as follows. Beginning with Point 1, identified in the coordinate table in this appendix, the boundary extends from Point 1 to Point 2 in a straight line arc and continues in numerical order through each subsequent point to Point 38. From Point 38 the boundary extends west along the northern boundary of Cordell Bank National Marine Sanctuary to Point 39 where it ends. ------------------------------------------------------------------------ Point No. Latitude Longitude ------------------------------------------------------------------------ 1....................................... 38.29989 -123.99988 2....................................... 37.76687 -123.75143 3....................................... 37.76716 -123.42758 4....................................... 37.77033 -123.43466 5....................................... 37.78109 -123.44694 6....................................... 37.78383 -123.45466 7....................................... 37.79487 -123.46721 8....................................... 37.80094 -123.47313 9....................................... 37.81026 -123.46897 10...................................... 37.81365 -123.47906 11...................................... 37.82296 -123.49280 12...................................... 37.84988 -123.51749 13...................................... 37.86189 -123.52197 14...................................... 37.87637 -123.52192 15...................................... 37.88541 -123.52967 16...................................... 37.90725 -123.53937 17...................................... 37.92288 -123.54360 18...................................... 37.93858 -123.54701 19...................................... 37.94901 -123.54777 20...................................... 37.95528 -123.56199 21...................................... 37.96683 -123.57859 22...................................... 37.97761 -123.58746 23...................................... 37.98678 -123.59988 24...................................... 37.99847 -123.61331 25...................................... 38.01366 -123.62494 26...................................... 38.01987 -123.62450 27...................................... 38.02286 -123.61531 28...................................... 38.02419 -123.59864 29...................................... 38.03409 -123.59904 30...................................... 38.04614 -123.60611 31...................................... 38.05308 -123.60549 32...................................... 38.06188 -123.61546 33...................................... 38.07451 -123.62162 34...................................... 38.08289 -123.62065 35...................................... 38.11256 -123.63344 36...................................... 38.13219 -123.64265 37...................................... 38.26390 -123.18138 38...................................... 38.29989 -123.20005 39...................................... 38.29989 -123.99988 ------------------------------------------------------------------------ [FR Doc. 2017-25105 Filed 11-21-17; 8:45 am] BILLING CODE 3510-NK-P
![Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Proposed Rules 55529
TABLE 2 TO PARAGRAPH (c)—AF- using the procedures found in 14 CFR 39.19. certain otherwise prohibited activities
Send information to ATTN: Jim Rutherford, within waters of Greater Farallones
FECTED ENGINE SERIAL NUMBERS
Aerospace Engineer, FAA, Small Airplane National Marine Sanctuary (GFNMS)
(S/N) Standards Branch, 901 Locust, Room 301,
and Cordell Bank National Marine
Kansas City, Missouri 64106; telephone:
Engine Affected S/N (816) 329–4165; fax: (816) 329–4090; email: Sanctuary (CBNMS) approximately 3
jim.rutherford@faa.gov. Before using any nautical miles (nm) from the shore, in
912 A series .............. 4 411 126 through 4 approved AMOC on any airplane to which the areas of the sanctuaries that were
411 146 and 4 411 the AMOC applies, notify your appropriate expanded in 2015. The discharges under
401 through 4 411 principal inspector (PI) in the FAA Flight consideration are: Untreated vessel
492. Standards District Office (FSDO), or lacking sewage, vessel graywater as defined by
a PI, your local FSDO. the Federal Water Pollution Control Act,
(d) Subject (2) Contacting the Manufacturer: For any as amended (FWPCA), that does not
Air Transport Association of America requirement in this AD to obtain corrective
meet the definition of ‘‘clean’’ as
(ATA) Code 85: Reciprocating Engine. actions from a manufacturer, the action must
be accomplished using a method approved defined by the GFNMS and CBNMS
(e) Reason by the Manager, Small Airplane Standards regulations, and ammunition and
This AD was prompted by mandatory Branch, FAA; or the European Aviation pyrotechnic (warning projectile, flare,
continuing airworthiness information (MCAI) Safety Agency (EASA). smoke float and marine marker)
originated by an aviation authority of another materials used in USCG training
country to identify and correct an unsafe (h) Related Information
exercises for use of force (live fire or
condition on an aviation product. The MCAI Refer to MCAI EASA AD No. 2017–0208, gunnery) and training exercises for
describes the unsafe condition as defective dated October 13, 2017, for related
search and rescue (SAR) of vessels or
valve push-rod assemblies manufactured information. You may examine the MCAI on
the Internet at http://www.regulations.gov by persons in distress. No change is
from June 8, 2016, through October 2, 2017.
We are issuing this AD to prevent rough searching for and locating Docket No. FAA– proposed to the regulatory prohibitions
engine operation, which could cause loss of 2017–1078. For service information related to or exceptions applicable to the pre-
power and result in loss of control. this AD, contact BRP-Rotax GmbH & Co. KG, expansion boundaries of the two
Rotaxstrasse 1, A–4623 Gunskirchen, Austria; sanctuaries. A draft environmental
(f) Actions and Compliance phone: +43 7246 601 0; fax: +43 7246 6370; assessment (DEA) under the National
Unless already done, do the following Internet: http://www.flyrotax.com. You may Environmental Policy Act (NEPA) has
actions: review this referenced service information at been prepared for this proposed action.
(1) For aircraft with engines that have 160 the FAA, Policy and Innovation Division, 901
NOAA is soliciting public comment on
hours time-in-service (TIS) or less since first Locust, Kansas City, Missouri 64106. For
installed: Before exceeding 170 hours TIS on information on the availability of this
the proposed rule and DEA.
the engine since first installed or within the material at the FAA, call (816) 329–4148. DATES: Comments will be considered if
next 3 months after the effective date of this
Issued in Kansas City, Missouri, on
received by January 16, 2018. Public
AD, whichever occurs first, visually inspect hearings will be held on December 5
November 9, 2017.
the valve push-rod ball sockets of each valve and 13, 2017, from 6 p.m. to 8 p.m.
push-rod using the Accomplishment Pat Mullen,
ADDRESSES: You may submit comments
Instructions in Rotax Aircraft Engines BRP Acting Deputy Director, Policy & Innovation
Service Bulletin SB–912 i–008 R1/SB–912– Division, Aircraft Certification Service. on this document and/or on the DEA,
070 R1/SB–914–052 R1 (co-published as one [FR Doc. 2017–25005 Filed 11–21–17; 8:45 am]
identified by NOAA–NOS–2017–0140,
document), Revision 1, dated October 12, by any of the following methods:
BILLING CODE 4910–13–P
2017 (Rotax SB SB–912 i–008 R1/SB–912– • Electronic Submission: Submit all
070 R1/SB–914–052 R1). electronic public comments via the
(2) For airplanes with engines that have Federal e-Rulemaking Portal. Go to
160 hours TIS or more since first installed: DEPARTMENT OF COMMERCE http://www.regulations.gov/#!
Within the next 10 hours TIS after the docketDetail;D=NOAA-NOS-2017-0140,
effective date of this AD or within the next National Oceanic and Atmospheric
click the ‘‘Comment Now!’’ icon,
3 months after the effective date of this AD, Administration
whichever occurs first, visually inspect the complete the required fields, and enter
valve push-rod ball sockets of each valve or attach your comments.
15 CFR Part 922 • Mail: Submit written comments to
push-rod using the Accomplishment
Instructions in Rotax SB SB–912 i-008 R1/ [Docket No. 170315274–7274–01] Maria Brown, Superintendent, Greater
SB–912–070 R1/SB–914–052 R1. Farallones National Marine Sanctuary,
(3) For all affected airplanes: If a valve RIN 0648–BG73 991 Marine Drive, The Presidio, San
push-rod with a black surface is found during Francisco, CA 94129.
the inspection required in paragraph (f)(1) or Vessel and Aircraft Discharges From
Instructions: Comments sent by any
(f)(2) of this AD, before further flight, replace United States Coast Guard Activities in
other method, to any other address or
the valve push-rod and its affected parts with Greater Farallones and Cordell Bank
individual, or received after the end of
airworthy parts using the Accomplishment National Marine Sanctuaries
Instructions in Rotax SB SB–912 i-008 R1/ the comment period, may not be
SB–912–070 R1/SB–914–052 R1. AGENCY: Office of National Marine considered by NOAA. All comments
(4) For all affected airplanes: As of the Sanctuaries (ONMS), National Ocean received are a part of the public record
effective date of this AD, do not install a Service (NOS), National Oceanic and and will generally be posted for public
valve push-rod that was manufactured from Atmospheric Administration (NOAA), viewing on www.regulations.gov
ethrower on DSK3G9T082PROD with PROPOSALS
June 8, 2016, through October 2, 2017. Department of Commerce (DOC). without change. All personal identifying
(g) Other FAA AD Provisions ACTION: Proposed rule. information (e.g., name, address, etc.),
confidential business information, or
The following provisions also apply to this
AD: SUMMARY: With this proposed rule, the otherwise sensitive information
(1) Alternative Methods of Compliance National Oceanic and Atmospheric submitted voluntarily by the sender will
(AMOCs): The Manager, Small Airplane Administration (NOAA) considers be publicly accessible. NOAA will
Standards Branch, FAA, has the authority to allowing the United States Coast Guard accept anonymous comments (enter ‘‘N/
approve AMOCs for this AD, if requested (USCG or Coast Guard) to carry out A’’ in the required fields if you wish to
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![Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Proposed Rules 55535
operating within the designated area Point along the northern boundary of Cordell Bank
Latitude Longitude National Marine Sanctuary to Point 39 where
defined in appendix G of this subpart, No.
sewage and non clean graywater as it ends.
defined by section 312 of the FWPCA 4 ................ 38.26390 ¥123.18138
5 1 .............. 38.29896 ¥123.05989 Point
generated incidental to vessel use, and No. Latitude Longitude
6 1 .............. 39.00000 ¥123.75777
ammunition, pyrotechnics or other 7 ................ 39.00000 ¥124.33350
materials directly related to search and 1 ................ 38.29989 ¥123.99988
1These coordinates are not a part of the
rescue and live ammunition training 2 ................ 37.76687 ¥123.75143
activities conducted by United States boundary for the Designated Area for Certain 3 ................ 37.76716 ¥123.42758
United States Coast Guard Discharges. These 4 ................ 37.77033 ¥123.43466
Coast Guard vessels and aircraft in the coordinates are reference points used to draw
designated areas defined in appendix G line segments that intersect with the fixed off- 5 ................ 37.78109 ¥123.44694
of this subpart. Discharging or shore boundary between the United States 6 ................ 37.78383 ¥123.45466
and California. 7 ................ 37.79487 ¥123.46721
depositing, from beyond the boundary 8 ................ 37.80094 ¥123.47313
of the Sanctuary, any material or other 9 ................ 37.81026 ¥123.46897
Subpart K—Cordell Bank National
matter that subsequently enters the 10 .............. 37.81365 ¥123.47906
Marine Sanctuary
Sanctuary and injures a Sanctuary 11 .............. 37.82296 ¥123.49280
resource or quality, except for the ■ 4. Amend § 922.112 by revising 12 .............. 37.84988 ¥123.51749
material or other matter excepted in paragraphs (a)(2)(i)(D) and (E) and 13 .............. 37.86189 ¥123.52197
paragraphs (a)(2)(i) through (vi) and adding paragraph (a)(2)(i)(F) to read as 14 .............. 37.87637 ¥123.52192
(a)(3) of this section. follows: 15 .............. 37.88541 ¥123.52967
16 .............. 37.90725 ¥123.53937
* * * * * 17 .............. 37.92288 ¥123.54360
§ 922.112 Prohibited or otherwise
(4) Discharging or depositing, from regulated activities. 18 .............. 37.93858 ¥123.54701
beyond the boundary of the Sanctuary, 19 .............. 37.94901 ¥123.54777
any material or other matter that (a) * * *
(2)(i) * * * 20 .............. 37.95528 ¥123.56199
subsequently enters the Sanctuary and (D) For a vessel less than 300 GRT or 21 .............. 37.96683 ¥123.57859
injures a Sanctuary resource or quality, a vessel 300 GRT or greater without
22 .............. 37.97761 ¥123.58746
except for the material or other matter 23 .............. 37.98678 ¥123.59988
sufficient holding capacity to hold 24 .............. 37.99847 ¥123.61331
excepted in paragraphs (a)(2)(i) through graywater while within the Sanctuary,
(vi) and (a)(3) of this section. 25 .............. 38.01366 ¥123.62494
clean graywater as defined by section 26 .............. 38.01987 ¥123.62450
* * * * * 312 of the FWPCA; 27 .............. 38.02286 ¥123.61531
■ 3. Amend subpart H by adding (E) Vessel engine or generator 28 .............. 38.02419 ¥123.59864
appendix G to read as follows: exhaust; or 29 .............. 38.03409 ¥123.59904
(F) For a United States Coast Guard 30 .............. 38.04614 ¥123.60611
Appendix G to Subpart H of Part 922— 31 .............. 38.05308 ¥123.60549
Designated Area for Certain United vessel that is without sufficient holding
tank capacity and is without a Type I or 32 .............. 38.06188 ¥123.61546
States Coast Guard Discharges 33 .............. 38.07451 ¥123.62162
II marine sanitation device, and that is 34 .............. 38.08289 ¥123.62065
Coordinates listed in this appendix are operating within the designated area
unprojected (Geographic Coordinate System) 35 .............. 38.11256 ¥123.63344
and based on the North American Datum of
defined in appendix C of this subpart, 36 .............. 38.13219 ¥123.64265
1983 (NAD83). sewage and non clean graywater as 37 .............. 38.26390 ¥123.18138
The portion of the Greater Farallones defined by section 312 of the FWPCA 38 .............. 38.29989 ¥123.20005
National Marine Sanctuary area where the generated incidental to vessel use, and 39 .............. 38.29989 ¥123.99988
exception for discharges from United States ammunition, pyrotechnics or other
Coast Guard activities applies is defined as materials directly related to search and [FR Doc. 2017–25105 Filed 11–21–17; 8:45 am]
follows. Beginning with Point 1 identified in rescue and live ammunition training BILLING CODE 3510–NK–P
the coordinate table in this appendix, the activities conducted by United States
boundary extends from Point 1 to Point 2 in
a straight line arc, and continues from Point
Coast Guard vessels and aircraft in the
2 to Point 3 in a straight line arc, and from designated areas defined in appendix C DEPARTMENT OF ENERGY
Point 3 to Point 4 in a straight line arc. From of this subpart.
Point 4 the boundary extends east and north * * * * * Federal Energy Regulatory
along a straight line arc towards Point 5 until ■ 5. Amend subpart K by adding Commission
it intersects the fixed offshore boundary appendix C to read as follows:
between the United States and California 18 CFR Part 40
(approximately 3 NM seaward of the coast as Appendix C to Subpart K of Part 922—
defined in United States vs. California, 135 Designated Area for Certain United [Docket No. RM16–22–000]
S. Ct. 563 (2014)). The boundary then States Coast Guard Discharges
extends northward following the fixed Coordination of Protection Systems for
offshore boundary between the United States Coordinates listed in this appendix are Performance During Faults and
and California until it intersects the line unprojected (Geographic Coordinate System) Specific Training for Personnel
segment formed between Point 6 and Point and based on the North American Datum of Reliability Standards
7. From this intersection, the boundary 1983 (NAD83).
extends west along the northern boundary of The portion of the Cordell Bank National AGENCY: Federal Energy Regulatory
ethrower on DSK3G9T082PROD with PROPOSALS
Greater Farallones National Marine Marine Sanctuary area where the exception Commission, DOE.
Sanctuary to Point 7 where it ends. for discharges from United States Coast
Guard activities applies is defined as follows. ACTION: Notice of proposed rulemaking.
Point Beginning with Point 1, identified in the
Latitude Longitude coordinate table in this appendix, the SUMMARY: The Federal Energy
No.
boundary extends from Point 1 to Point 2 in Regulatory Commission (Commission)
1 ................ 39.00000 ¥124.33350 a straight line arc and continues in numerical proposes to approve Reliability
2 ................ 38.29989 ¥123.99988 order through each subsequent point to Point Standards PRC–027–1 (Coordination of
3 ................ 38.29989 ¥123.20005 38. From Point 38 the boundary extends west Protection Systems for Performance
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Document Created: 2017-11-22 00:49:09
Document Modified: 2017-11-22 00:49:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments will be considered if received by January 16, 2018. Public hearings will be held on December 5 and 13, 2017, from 6 p.m. to 8 p.m. | |
| Contact | Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622. | |
| FR Citation | 82 FR 55529 | |
| RIN Number | 0648-BG73 | |
| CFR Associated | Administrative Practice and Procedure; Coastal Zone; Fishing Gear; Marine Resources; Natural Resources; Penalties; Recreation and Recreation Areas and Wildlife |
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