Office of National Marine Sanctuaries Interim Policy and Permit Guidance for Submarine Cable Projects, 18169-18170 [E9-8945]

Download as PDF 18169 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Proposed Rules on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. FAA–2009–0062/Airspace Docket No. 09–AGL–1.’’ The postcard will be date/time stamped and returned to the commenter. tjames on PRODPC75 with PROPOSALS Availability of NPRMs An electronic copy of this document may be downloaded through the Internet at https://www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s Web page at https:// www.faa.gov/airports_airtraffic/ air_traffic/publications/ airspace_amendments/. Additionally, any person may obtain a copy of this notice by submitting a request to the Federal Aviation Administration (FAA), Office of Air Traffic Airspace Management, ATA– 400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267–8783. Communications must identify both docket numbers for this notice. Persons interested in being placed on a mailing list for future NPRMs should contact the FAA’s Office of Rulemaking (202) 267–9677, to request a copy of Advisory Circular No. 11–2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure. The Proposal This action proposes to amend Title 14, Code of Federal Regulations (14 CFR), Part 71 by adding additional controlled Class E airspace for SIAPs operations at Anoka County-Blaine Airport (Janes Field), Minneapolis, MN, and adjusting the geographic coordinates for Minneapolis-St. Paul International Airport to coincide with the FAA’s National Aeronautical Charting Office. The area would be depicted on appropriate aeronautical charts. Class E airspace areas are published in Paragraph 6005 of FAA Order 7400.9S, dated October 3, 2008, and effective October 31, 2008, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document would be published subsequently in the Order. The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies VerDate Nov<24>2008 14:16 Apr 20, 2009 Jkt 217001 and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would add additional controlled airspace to the Minneapolis, MN, airspace area. Minneapolis, Anoka County-Blaine Airport (Janes Field), MN (Lat. 45°08′42″ N., long. 93°12′41″ W.) St. Paul, Lake Elmo Airport, MN (Lat. 44°59′51″ N., long. 92°51′20″ W.) Minneapolis, Airlake Airport, MN (Lat. 44°37′40″ N., long. 93°13′41″ W.) Farmington VORTAC (Lat. 44°37′51″ N., long. 93°10′55″ W.) That airspace extending upward from 700 feet above the surface within a 20-mile radius of the Minneapolis-St. Paul International Airport (Wold-Chamberlain) Airport DME antenna, and within a 6.5-mile radius of the Anoka County-Blaine Airport (Janes Field), and within 4 miles each side of the 001° bearing from the Anoka County-Blaine Airport (Janes Field) extending from the 6.5mile radius to 9.9 miles, and within a 6.3mile radius of the Lake Elmo Airport, and within a 6.4-mile radius of the Airlake Airport, and within 3.3 miles each side of the 084° bearing from the Farmington VORTAC extending from the 6.4-mile radius to 14.8 miles east of the Airlake Airport. * * * * * Issued in Fort Worth, TX, on April 6, 2009. Anthony D. Roetzel, Manager, Operations Support Group, ATO Central Service Center. [FR Doc. E9–9053 Filed 4–20–09; 8:45 am] BILLING CODE 4901–13–P List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). DEPARTMENT OF COMMERCE The Proposed Amendment National Oceanic and Atmospheric Administration In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9S, Airspace Designations and Reporting Points, dated October 3, 2008, and effective October 31, 2008, is amended as follows: Paragraph 6005 Class E Airspace areas extending upward from 700 feet or more above the surface of the earth. * * * * * AGL MN E5 Minneapolis, MN [Amended] Minneapolis-St. Paul International Airport (Wold-Chamberlain) Airport DME (Lat. 44°52′28″ N., long. 93°12′24″ W.) PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 15 CFR Part 922 Office of National Marine Sanctuaries Interim Policy and Permit Guidance for Submarine Cable Projects AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice; Request for public comments. SUMMARY: NOAA is proposing interim policy and permit guidance for submarine cable projects proposed in national marine sanctuaries. This action identifies the criteria the ONMS will use to ensure that applications to install and maintain submarine cables in sanctuaries are reviewed consistently and in a manner that adheres to the National Marine Sanctuaries Act and ONMS regulations (15 CFR part 922). DATES: Comments on the interim policy and permit guidance for submarine cable projects will be accepted if received on or before May 21, 2009. ADDRESSES: Comments may be submitted by any of the following methods: E:\FR\FM\21APP1.SGM 21APP1 18170 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Proposed Rules • Federal e Rulemaking Portal: https:// www.regulations.gov. Submit electronic comments via the Federal e Rulemaking Portal rather than by e-mail; • Mail: Debra Malek, NOAA, Office of National Marine Sanctuaries, 1305 EastWest Highway, (N/NMS2), 11th Floor, Silver Spring, Maryland 20910. Copies of the interim policy and permit guidance for submarine cable projects may be viewed and downloaded at https:// sanctuaries.noaa.gov/. Paperwork burden: Submit written comments regarding the burden-hour estimates or other aspects of the information collection requirements contained in this proposed rule by email to Diana Hynek at dHynek@doc.gov. FOR FURTHER INFORMATION CONTACT: Debra Malek, (301) 713–3125, ext. 262. SUPPLEMENTARY INFORMATION: tjames on PRODPC75 with PROPOSALS Background The NOAA Office of National Marine Sanctuaries (ONMS) manages a system of thirteen national marine sanctuaries (NMSs or sanctuaries) that protect special, nationally significant areas of the marine environment under the authority of the National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1431 et seq.). The ONMS, along with the U.S. Fish and Wildlife Service and the State of Hawaii, also manages the Papahanaumokuakea Marine National Monument under the Antiquities Act. Sanctuaries and the monument protect a variety of marine habitats and cultural resources including coral reefs, mangrove forests, seagrass beds, deepsea canyons, kelp beds, marine mammal feeding and breeding grounds, and historic shipwrecks and other submerged cultural resources. In the late 1990s, the ONMS received applications to install and maintain telecommunication submarine cables through the Olympic Coast National Marine Sanctuary and the Stellwagen Bank National Marine Sanctuary. Experience gained through the consideration and issuance of permits for those projects highlighted the need for more clarity on how such projects would be handled in the future. The Department of Commerce convened a workshop in February 2000 with representatives from the telecommunications and fishing industries, environmental and conservation organizations, and state agencies. A white paper with key issues and guiding principles was distributed prior to, and discussed at, the workshop. The proposed guiding principles included: Analysis of habitat VerDate Nov<24>2008 14:16 Apr 20, 2009 Jkt 217001 types appropriate or inappropriate for cable laying, analysis of individual sanctuary regulations, and parameters for evaluating proposals for cable installations. In August 2000, NOAA published an advance notice of proposed rulemaking (ANPR) on Installing and Maintaining Commercial Submarine Cables in National Marine Sanctuaries in the Federal Register (65 FR 51264, Aug. 23, 2000). A second ANPR was published in November 2000 at the request of the industry for additional time to comment (65 FR 70537, Nov. 24, 2000). The ANPR requested comments on both the guiding principles contained in the white paper and on the issues raised at the workshop. Specifically, the ANPR requested comments on: • Whether changes to existing ONMS regulations or some form of policy guidance was necessary to clarify NOAA’s decision-making process regarding the installation and maintenance of commercial submarine cables within NMSs; • If changes or additional guidance were appropriate, what those changes or guidance should contain; and • Whether there were comments on the proposed principles on the installation of commercial submarine cables with the marine and coastal environment. The ONMS received 36 comments from the telecommunications industry, the Department of Defense, the environmental community, State government, and various interested individuals. General comments on the ANPR included the following: • The telecommunications industry believed that existing regulations are adequate in NMSs. • The environmental community urged NOAA to prohibit cables within NMSs, and to develop stringent permit application criteria, including removal of out-of-service cables. • The industry and the environmental community did not a support a Programmatic Environmental Impact Statement (PETS) or the concept of approving projects in the planning stage. • The environmental community supported the idea of cable corridors while the industry opposed it. • The industry wanted improved consultation between NOAA and other cable permitting authorities, such as the U.S. Army Corps of Engineers, the Federal Communications Commission, etc., and more specific, user-friendly criteria for permit applications. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 These comments, in addition to direct experience related to cables installed in sanctuaries, were factors that led to NOAA’s decision not to pursue rulemaking at this time, but, rather to develop and issue interim permit guidelines. The ONMS believes that cable permit guidelines will ensure that applications to install and maintain submarine cables in sanctuaries are reviewed consistently and in a manner that adheres to the NMSA and ONMS regulations (15 CFR part 922). John Dunnigan, Assistant Administrator for Ocean Services and Coastal Zone Management. [FR Doc. E9–8945 Filed 4–20–09; 8:45 am] BILLING CODE 3510–NK–M FEDERAL TRADE COMMISSION 16 CFR Part 429 Trade Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations AGENCY: Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’). ACTION: Request for public comment. SUMMARY: The Commission requests public comment on its Trade Regulation Rule Concerning Cooling-Off Period for Sales Made at Homes or at Certain Other Locations (‘‘Cooling-Off Rule’’ or ‘‘Rule’’). The Commission is soliciting public comment as part of the FTC’s systematic review of all current Commission regulations and guides. DATES: Written comments concerning the Cooling-Off Rule must be received no later than June 22, 2009. ADDRESSES: Interested parties are invited to submit written comments electronically or in paper form. Comments should refer to ‘‘Cooling-Off Rule Regulatory Review, 16 CFR 429, Comment, Project No. P087109’’ to facilitate the organization of comments. Please note that your comment— including your name and your state— will be placed on the public record of this proceeding, including on the publicly accessible FTC website, at (https://ftc.gov/os/ publiccomments.shtm.) Because comments will be made public, they should not include any sensitive personal information, such as an individual’s Social Security Number; date of birth; driver’s license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. Comments also should not include any sensitive E:\FR\FM\21APP1.SGM 21APP1

Agencies

[Federal Register Volume 74, Number 75 (Tuesday, April 21, 2009)]
[Proposed Rules]
[Pages 18169-18170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8945]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922


Office of National Marine Sanctuaries Interim Policy and Permit 
Guidance for Submarine Cable Projects

AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic 
and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION: Notice; Request for public comments.

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

SUMMARY: NOAA is proposing interim policy and permit guidance for 
submarine cable projects proposed in national marine sanctuaries. This 
action identifies the criteria the ONMS will use to ensure that 
applications to install and maintain submarine cables in sanctuaries 
are reviewed consistently and in a manner that adheres to the National 
Marine Sanctuaries Act and ONMS regulations (15 CFR part 922).

DATES: Comments on the interim policy and permit guidance for submarine 
cable projects will be accepted if received on or before May 21, 2009.

ADDRESSES: Comments may be submitted by any of the following methods:

[[Page 18170]]

     Federal e Rulemaking Portal: https://www.regulations.gov. 
Submit electronic comments via the Federal e Rulemaking Portal rather 
than by e-mail;
     Mail: Debra Malek, NOAA, Office of National Marine 
Sanctuaries, 1305 East-West Highway, (N/NMS2), 11th Floor, Silver 
Spring, Maryland 20910.
    Copies of the interim policy and permit guidance for submarine 
cable projects may be viewed and downloaded at https://sanctuaries.noaa.gov/.
    Paperwork burden: Submit written comments regarding the burden-hour 
estimates or other aspects of the information collection requirements 
contained in this proposed rule by e-mail to Diana Hynek at 
dHynek@doc.gov.

FOR FURTHER INFORMATION CONTACT: Debra Malek, (301) 713-3125, ext. 262.

SUPPLEMENTARY INFORMATION: 

Background

    The NOAA Office of National Marine Sanctuaries (ONMS) manages a 
system of thirteen national marine sanctuaries (NMSs or sanctuaries) 
that protect special, nationally significant areas of the marine 
environment under the authority of the National Marine Sanctuaries Act 
(NMSA; 16 U.S.C. 1431 et seq.). The ONMS, along with the U.S. Fish and 
Wildlife Service and the State of Hawaii, also manages the 
Papahanaumokuakea Marine National Monument under the Antiquities Act. 
Sanctuaries and the monument protect a variety of marine habitats and 
cultural resources including coral reefs, mangrove forests, seagrass 
beds, deep-sea canyons, kelp beds, marine mammal feeding and breeding 
grounds, and historic shipwrecks and other submerged cultural 
resources.
    In the late 1990s, the ONMS received applications to install and 
maintain telecommunication submarine cables through the Olympic Coast 
National Marine Sanctuary and the Stellwagen Bank National Marine 
Sanctuary. Experience gained through the consideration and issuance of 
permits for those projects highlighted the need for more clarity on how 
such projects would be handled in the future.
    The Department of Commerce convened a workshop in February 2000 
with representatives from the telecommunications and fishing 
industries, environmental and conservation organizations, and state 
agencies. A white paper with key issues and guiding principles was 
distributed prior to, and discussed at, the workshop. The proposed 
guiding principles included: Analysis of habitat types appropriate or 
inappropriate for cable laying, analysis of individual sanctuary 
regulations, and parameters for evaluating proposals for cable 
installations.
    In August 2000, NOAA published an advance notice of proposed 
rulemaking (ANPR) on Installing and Maintaining Commercial Submarine 
Cables in National Marine Sanctuaries in the Federal Register (65 FR 
51264, Aug. 23, 2000). A second ANPR was published in November 2000 at 
the request of the industry for additional time to comment (65 FR 
70537, Nov. 24, 2000). The ANPR requested comments on both the guiding 
principles contained in the white paper and on the issues raised at the 
workshop.
    Specifically, the ANPR requested comments on:
     Whether changes to existing ONMS regulations or some form 
of policy guidance was necessary to clarify NOAA's decision-making 
process regarding the installation and maintenance of commercial 
submarine cables within NMSs;
     If changes or additional guidance were appropriate, what 
those changes or guidance should contain; and
     Whether there were comments on the proposed principles on 
the installation of commercial submarine cables with the marine and 
coastal environment.
    The ONMS received 36 comments from the telecommunications industry, 
the Department of Defense, the environmental community, State 
government, and various interested individuals.
    General comments on the ANPR included the following:
     The telecommunications industry believed that existing 
regulations are adequate in NMSs.
     The environmental community urged NOAA to prohibit cables 
within NMSs, and to develop stringent permit application criteria, 
including removal of out-of-service cables.
     The industry and the environmental community did not a 
support a Programmatic Environmental Impact Statement (PETS) or the 
concept of approving projects in the planning stage.
     The environmental community supported the idea of cable 
corridors while the industry opposed it.
     The industry wanted improved consultation between NOAA and 
other cable permitting authorities, such as the U.S. Army Corps of 
Engineers, the Federal Communications Commission, etc., and more 
specific, user-friendly criteria for permit applications.
    These comments, in addition to direct experience related to cables 
installed in sanctuaries, were factors that led to NOAA's decision not 
to pursue rulemaking at this time, but, rather to develop and issue 
interim permit guidelines. The ONMS believes that cable permit 
guidelines will ensure that applications to install and maintain 
submarine cables in sanctuaries are reviewed consistently and in a 
manner that adheres to the NMSA and ONMS regulations (15 CFR part 922).

John Dunnigan,
Assistant Administrator for Ocean Services and Coastal Zone Management.
[FR Doc. E9-8945 Filed 4-20-09; 8:45 am]
BILLING CODE 3510-NK-M

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