Taking and Importing Marine Mammals; U.S. Navy Training in the Cherry Point Range Complex, 15419-15420 [E9-7703]

Download as PDF Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This proposed rule does not have Tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. pwalker on PROD1PC71 with PROPOSALS Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are VerDate Nov<24>2008 17:12 Apr 03, 2009 Jkt 217001 technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 0023.1 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. An environmental analysis checklist supporting this preliminary determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: 15419 will cease enforcement of this safety zone and will announce that fact via Broadcast Notice to Mariners. (c) Definitions. The following definition applies to this section: Designated representative, means any commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, State, and Federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated on-scene representative. (2) Mariners requesting permission to transit through the safety zone may request authorization to do so from the Patrol Commander (PATCOM). The PATCOM may be contacted on VHF–FM Channel 16. (3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated representative. (4) Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. (5) The Coast Guard may be assisted by other Federal, State, or local agencies. Dated: March 16, 2009. T.H. Farris, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. E9–7659 Filed 4–3–09; 8:45 am] BILLING CODE 4910–15–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add a new temporary zone § 165.T11–162 to read as follows: § 165.T11–162 Safety Zone; Paradise Point Resort Fourth of July Fireworks; Mission Bay, San Diego, CA. (a) Location. The limits of the safety zone are all the navigable waters within 600 feet of the fireworks barge located at approximately 32°46.36′ N, 117°14.57′ W. (b) Enforcement Period. This section will be enforced from 8:45 p.m. to 9:30 p.m. on July 3, 2009. If the event concludes prior to the scheduled termination time, the Captain of the Port PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 218 RIN 0648–AX10 Taking and Importing Marine Mammals; U.S. Navy Training in the Cherry Point Range Complex AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; extension of comment period. SUMMARY: On March 16, 2009, the NMFS published its proposed regulations to govern the take of marine mammals incidental to training activities conducted within the U.S. E:\FR\FM\06APP1.SGM 06APP1 15420 Federal Register / Vol. 74, No. 64 / Monday, April 6, 2009 / Proposed Rules Navy’s Cherry Point Range Complex for the period of May 2009 through May 2014. The Federal Register notice indicated that written comments were due by April 6, 2009, which allowed 21 days for public input. In response to a request from the Marine Mammal Commission, NMFS has decided to extend the public comment period by 7 days, to April 13, 2009, which allows 28 days for public input. Dated: March 31, 2009. Tammy Adams, Ph.D., Acting Chief, Division of Permits, Conservation, and Education, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–7703 Filed 4–3–09; 8:45 am] DATES: The public comment period for this action has been extended from April 6, 2009 to April 13, 2009. Written comments and information must be received no later than April 13, 2009. National Oceanic and Atmospheric Administration You may submit comments, identified by 0648–AX10, by any one of the following comments methods: • Electronic submissions: Submit all electronic public comments via the Federal eRulemaking Portal https:// www.regulations.gov. • Hand delivery or mailing of paper, disk, or CD–ROM comments should be addressed to Michael Payne, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East–West Highway, Silver Spring, MD 20910–3225. Instructions: All comments received are part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter NA in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. RIN 0648–AX42 ADDRESSES: FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, 301–713–2289. pwalker on PROD1PC71 with PROPOSALS SUPPLEMENTARY INFORMATION: Background information concerning the proposed regulations can be found in the March 16, 2009 Federal Register notice (74 FR 11052), and is not repeated here. For additional information regarding the proposed regulations and the Navy’s associated Environmental Impact Statement, please visit NMFS’ website at: https:// www.nmfs.noaa.gov/pr/permits/ incidental.htm. VerDate Nov<24>2008 17:12 Apr 03, 2009 Jkt 217001 BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE 50 CFR Part 679 [Docket No. 0811201490–9322–02] Fisheries of the Exclusive Economic Zone Off Alaska; Central Gulf of Alaska Rockfish Program; Amendment 85 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: NMFS proposes regulations to implement Amendment 85 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. The proposed regulations would amend the Central Gulf of Alaska Rockfish Program to remove a restriction that prohibits certain catcher/processors from participation in directed groundfish fisheries in the Bering Sea and Aleutian Islands Management Area in July. This action is necessary to improve flexibility and reduce operating costs for catcher/ processors that participate in the Central Gulf of Alaska Rockfish Program. This action is intended to promote the goals and objectives of the Magnuson–Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Gulf of Alaska, and other applicable law. DATES: Comments must be received no later than May 21, 2009. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by ‘‘RIN 0648– AX42,’’ by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at https://www.regulations.gov. • Mail: P. O. Box 21668, Juneau, AK 99802. • Fax: 907–586–7557. PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. All comments received are a part of the public record and will generally be posted to https://www.regulations.gov without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats only. Copies of Amendment 85 to the Fishery Management Plan for Groundfish of the Gulf of Alaska, the Regulatory Impact Review (RIR), the Initial Regulatory Flexibility Analysis (IRFA), the categorical exclusion prepared for this action, and the Environmental Assessment (EA), RIR, and Final Regulatory Flexibility Analysis (FRFA) prepared for the Central Gulf of Alaska Rockfish Program are available from the NMFS Alaska Region at the address above or from the Alaska Region website at https:// www.alaskafisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907–586–7228 or Rachel Baker, 907–586–7425. SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive economic zone of Alaska are managed under the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP) and the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP). The North Pacific Fishery Management Council (Council) prepared both FMPs under the authority of the Magnuson–Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. Regulations implementing the FMPs appear at 50 CFR part 679. General regulations governing U.S. fisheries also appear at 50 CFR part 600. Section 802 of the Consolidated Appropriations Act of 2004 (Public Law 108—199) required that the Secretary of Commerce, in consultation with the Council, establish a program that recognized the historical participation of fishing vessels and fish processors for rockfish harvested in the Central GOA. Congress specified several aspects of the Central GOA Rockfish Program (Rockfish Program). Section 802 states E:\FR\FM\06APP1.SGM 06APP1

Agencies

[Federal Register Volume 74, Number 64 (Monday, April 6, 2009)]
[Proposed Rules]
[Pages 15419-15420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7703]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 218

RIN 0648-AX10


Taking and Importing Marine Mammals; U.S. Navy Training in the 
Cherry Point Range Complex

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; extension of comment period.

-----------------------------------------------------------------------

SUMMARY: On March 16, 2009, the NMFS published its proposed regulations 
to govern the take of marine mammals incidental to training activities 
conducted within the U.S.

[[Page 15420]]

Navy's Cherry Point Range Complex for the period of May 2009 through 
May 2014. The Federal Register notice indicated that written comments 
were due by April 6, 2009, which allowed 21 days for public input. In 
response to a request from the Marine Mammal Commission, NMFS has 
decided to extend the public comment period by 7 days, to April 13, 
2009, which allows 28 days for public input.

DATES: The public comment period for this action has been extended from 
April 6, 2009 to April 13, 2009. Written comments and information must 
be received no later than April 13, 2009.

ADDRESSES: You may submit comments, identified by 0648-AX10, by any one 
of the following comments methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal https://www.regulations.gov.
     Hand delivery or mailing of paper, disk, or CD-ROM 
comments should be addressed to Michael Payne, Chief, Permits, 
Conservation, and Education Division, Office of Protected Resources, 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910-3225.
    Instructions: All comments received are part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter NA in the required 
fields if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected 
Resources, NMFS, 301-713-2289.

SUPPLEMENTARY INFORMATION: Background information concerning the 
proposed regulations can be found in the March 16, 2009 Federal 
Register notice (74 FR 11052), and is not repeated here. For additional 
information regarding the proposed regulations and the Navy's 
associated Environmental Impact Statement, please visit NMFS' website 
at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm.

    Dated: March 31, 2009.
Tammy Adams, Ph.D.,
Acting Chief, Division of Permits, Conservation, and Education, Office 
of Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-7703 Filed 4-3-09; 8:45 am]
BILLING CODE 3510-22-S

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