Magnuson-Stevens Act Provisions; Environmental Review Process for Fishery Management Actions, 40703-40704 [2014-16426]

Download as PDF Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Proposed Rules rules in a direct final action without prior proposal because we believe these SIP revisions are not controversial. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in subsequent action based on this proposed rule. Please note that if we receive adverse comments on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. Dated: May 30, 2014. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2014–16295 Filed 7–11–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Chapter I [EPA–HQ–OPPT–2011–1019; FRL–9912–42] RIN 2070–AJ93 Hydraulic Fracturing Chemicals and Mixtures; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Advance notice of proposed rulemaking; extension of comment period. AGENCY: EPA issued an advance notice of proposed rulemaking in the Federal Register of May 19, 2014, concerning hydraulic fracturing chemicals and mixtures. This document extends the comment period for 30 days, from August 18, 2014, to September 18, 2014. EPA is taking this action in response to requests for an extension to allow interested persons additional time to submit comments. DATES: Comments, identified by docket identification (ID) number EPA–HQ– OPPT–EPA–HQ–OPPT–2011–1019, must be received on or before September 18, 2014. ADDRESSES: Follow the detailed instructions provided under ADDRESSES in the Federal Register document of May 19, 2014 (79 FR 28664) (FRL–9909– 13). mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:01 Jul 11, 2014 Jkt 232001 FOR FURTHER INFORMATION CONTACT: For technical information contact: Mark Seltzer, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–2901; email address: seltzer.mark@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@ epa.gov. This document extends the public comment period established in the Federal Register document of May 19, 2014. In that document, the Agency requests comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. This mechanism could be regulatory (under the Toxic Substances Control Act (TSCA) section 8(a) and/or section 8(d)), voluntary, or a combination of both and could include best management practices, third-party certification and collection, and incentives for disclosure of this information. In addition, the Agency is seeking comment on ways of minimizing reporting burdens and costs and of avoiding the duplication of State and other Federal agency information collections, while at the same time maximizing data available for EPA risk characterization, external transparency, and public understanding. Also, EPA is soliciting comments on incentives and recognition programs that could be used to support the development and use of safer chemical substances and mixture in hydraulic fracturing. EPA is hereby extending the comment period, which was set to end on August 18, 2014, to September 18, 2014. To submit comments, or access the docket, please follow the detailed instructions provided under ADDRESSES in the Federal Register document of May 19, 2014. If you have questions, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: List of Subjects in 40 CFR Chapter I Environmental protection, Chemicals, Confidential business information, Exploration and production, Fracking, Hazardous substances, Hydraulic fracturing, Oil and gas, Reporting and recordkeeping requirements. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 40703 Dated: July 7, 2014. James Jones, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2014–16460 Filed 7–11–14; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 700 [Docket No. 070824479–8107–02] RIN 0648–AV53 Magnuson-Stevens Act Provisions; Environmental Review Process for Fishery Management Actions National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; withdrawal. AGENCY: NMFS withdraws a proposed rule that would have established new regulations pertaining to compliance with the National Environmental Policy Act (NEPA) in the context of fishery management actions developed pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Instead of going forward with a final rule directly resulting from the 2008 proposed rule, NMFS issued an internal policy on February 19, 2013. This policy, entitled ‘‘National Environmental Policy Act Compliance for Council-Initiated Fishery Management Actions under the Magnuson-Stevens Act’’ clarifies roles and responsibilities of NMFS and the Regional Fishery Management Councils (Councils), explains timing and procedural linkages, provides guidance on documentation needs, and fosters partnerships and cooperation between NMFS and Councils on NEPA compliance. NMFS consulted with the Councils and with the Council on Environmental Quality (CEQ) on proposed revisions to the 2013 NMFS NEPA policy directive, and based on those consultations NMFS now proposes to use this policy as a basis for issuing revised and updated NEPA procedures for MSA actions in the form of a line-office supplement to NOAA Administrative Order (NAO) 216–6. On June 30, 2014, NMFS published a Federal Register notice of availability of the draft revised and updated NEPA procedures for MSA actions and requested public comments, with a 90-day public comment period. SUMMARY: E:\FR\FM\14JYP1.SGM 14JYP1 40704 Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Proposed Rules The proposed rule published on May 14, 2008 (73 FR 27998) is withdrawn as of July 14, 2014. FOR FURTHER INFORMATION CONTACT: Steve Leathery via email at steve.leathery@noaa.gov or via phone at 301–427–8014. SUPPLEMENTARY INFORMATION: The 2007 Magnuson-Stevens Reauthorization Act (MSRA) required NMFS to ‘‘revise and update’’ agency procedures to comply with the National Environmental Policy Act (NEPA) for fisheries actions. In developing a proposed approach, NMFS conducted extensive public outreach which included the following: • Consulted with the CEQ and the Councils. • Posted Trigger Questions, developed by NMFS, and a Strawman proposal, developed by the Council Coordination Committee (CCC), for 60day public comment. • NMFS made presentations at each meetings of each Council on Trigger Questions and Strawman during the 60day period; NMFS received over 1600 comments. • NMFS published proposed rule May 2008 with a 90-day comment period; conducted 3 NMFS-sponsored public hearings and a public workshop; conducted presentations at meetings of all eight Councils; and received over 150,000 public comments. NMFS’s initial approach was to propose a rule creating new regulatory requirements aligning the decisionmaking processes of the Councils and NMFS under the MSA with the analytical and procedural requirements of NEPA. The proposed rule would have required Council consideration of draft NEPA documents prior to mstockstill on DSK4VPTVN1PROD with PROPOSALS DATES: VerDate Mar<15>2010 16:01 Jul 11, 2014 Jkt 232001 recommending fishery management measures, and NMFS consideration of a final NEPA document during Secretarial review of the measures. These comment periods could be less than 45 days each in limited circumstances, but in no case could the combined total of days be less than 45, which is the minimum comment period established by CEQ’s regulations for Environmental Impact Statements (EISs). The proposed rule would have included regulatory provisions pertaining to inadequate and incomplete information, a new categorical exclusion for exempted fishing permits, and it would have changed the name of the EIS-level NEPA compliance document for fisheries to reflect the integration of fisheries management and environmental considerations. It also would have established a new NEPA tiering mechanism modeled on fishery management plan (FMP) ‘‘frameworks.’’ NMFS published the proposed rule on May 14, 2008, and provided for a 90-day public comment period. During the public comment period, NMFS delivered presentations at meetings of all eight Councils and conducted three NMFS-sponsored public listening sessions: One in Washington, DC metro area, one in St. Petersburg, FL, and one in Seattle, WA. In addition, NMFS, Council representatives and CEQ held an interactive public workshop in the Washington DC, area. By the close of the public comment period, NMFS had received over 150,000 comment letters, many of which were form letters urging NMFS to withdraw the proposed rule and start over. NMFS subsequently determined that it would be more appropriate to revise and update internal guidance rather PO 00000 Frm 00015 Fmt 4702 Sfmt 9990 than to create new regulatory requirements. On February 19, 2013, NMFS issued a policy titled ‘‘National Environmental Policy Act Compliance for Council-Initiated Fishery Management Actions under the Magnuson-Stevens Act.’’ This policy clarifies roles and responsibilities of NMFS and the Councils, explains timing and procedural linkages, provides guidance on documentation needs, and fosters partnerships and cooperation between NMFS and Councils on NEPA compliance. This policy satisfied the requirements of section 304(i) of the MSA. After issuing the 2013 Policy Directive, NMFS consulted with the Councils and with CEQ on proposed revisions to the 2013 NMFS NEPA policy directive, and based on those consultations, NMFS now proposes to use this policy as a basis for issuing revised and updated NEPA procedures for MSA actions in the form of a lineoffice supplement to NOAA Administrative Order (NAO) 216–6. On June 30, 2014, NMFS published a notice of availability of the draft Revised and Updated MSA NEPA procedures (79 FR 36726). Both the 2013 Policy Directive and the draft Revised and Updated MSA NEPA Procedures are available on the web at: http://www.nmfs.noaa.gov/sfa/ laws_policies/msa/nepa.html. Authority: 16 U.S.C. 1801 et seq. Dated: July 8, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2014–16426 Filed 7–11–14; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\14JYP1.SGM 14JYP1

Agencies

[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Proposed Rules]
[Pages 40703-40704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16426]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 700

[Docket No. 070824479-8107-02]
RIN 0648-AV53


Magnuson-Stevens Act Provisions; Environmental Review Process for 
Fishery Management Actions

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: NMFS withdraws a proposed rule that would have established new 
regulations pertaining to compliance with the National Environmental 
Policy Act (NEPA) in the context of fishery management actions 
developed pursuant to the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA). Instead of going forward with a final rule 
directly resulting from the 2008 proposed rule, NMFS issued an internal 
policy on February 19, 2013. This policy, entitled ``National 
Environmental Policy Act Compliance for Council-Initiated Fishery 
Management Actions under the Magnuson-Stevens Act'' clarifies roles and 
responsibilities of NMFS and the Regional Fishery Management Councils 
(Councils), explains timing and procedural linkages, provides guidance 
on documentation needs, and fosters partnerships and cooperation 
between NMFS and Councils on NEPA compliance.
    NMFS consulted with the Councils and with the Council on 
Environmental Quality (CEQ) on proposed revisions to the 2013 NMFS NEPA 
policy directive, and based on those consultations NMFS now proposes to 
use this policy as a basis for issuing revised and updated NEPA 
procedures for MSA actions in the form of a line-office supplement to 
NOAA Administrative Order (NAO) 216-6. On June 30, 2014, NMFS published 
a Federal Register notice of availability of the draft revised and 
updated NEPA procedures for MSA actions and requested public comments, 
with a 90-day public comment period.

[[Page 40704]]


DATES: The proposed rule published on May 14, 2008 (73 FR 27998) is 
withdrawn as of July 14, 2014.

FOR FURTHER INFORMATION CONTACT: Steve Leathery via email at 
steve.leathery@noaa.gov or via phone at 301-427-8014.

SUPPLEMENTARY INFORMATION: The 2007 Magnuson-Stevens Reauthorization 
Act (MSRA) required NMFS to ``revise and update'' agency procedures to 
comply with the National Environmental Policy Act (NEPA) for fisheries 
actions. In developing a proposed approach, NMFS conducted extensive 
public outreach which included the following:
     Consulted with the CEQ and the Councils.
     Posted Trigger Questions, developed by NMFS, and a 
Strawman proposal, developed by the Council Coordination Committee 
(CCC), for 60-day public comment.
     NMFS made presentations at each meetings of each Council 
on Trigger Questions and Strawman during the 60-day period; NMFS 
received over 1600 comments.
     NMFS published proposed rule May 2008 with a 90-day 
comment period; conducted 3 NMFS-sponsored public hearings and a public 
workshop; conducted presentations at meetings of all eight Councils; 
and received over 150,000 public comments.
    NMFS's initial approach was to propose a rule creating new 
regulatory requirements aligning the decision-making processes of the 
Councils and NMFS under the MSA with the analytical and procedural 
requirements of NEPA. The proposed rule would have required Council 
consideration of draft NEPA documents prior to recommending fishery 
management measures, and NMFS consideration of a final NEPA document 
during Secretarial review of the measures. These comment periods could 
be less than 45 days each in limited circumstances, but in no case 
could the combined total of days be less than 45, which is the minimum 
comment period established by CEQ's regulations for Environmental 
Impact Statements (EISs). The proposed rule would have included 
regulatory provisions pertaining to inadequate and incomplete 
information, a new categorical exclusion for exempted fishing permits, 
and it would have changed the name of the EIS-level NEPA compliance 
document for fisheries to reflect the integration of fisheries 
management and environmental considerations. It also would have 
established a new NEPA tiering mechanism modeled on fishery management 
plan (FMP) ``frameworks.''
    NMFS published the proposed rule on May 14, 2008, and provided for 
a 90-day public comment period. During the public comment period, NMFS 
delivered presentations at meetings of all eight Councils and conducted 
three NMFS-sponsored public listening sessions: One in Washington, DC 
metro area, one in St. Petersburg, FL, and one in Seattle, WA. In 
addition, NMFS, Council representatives and CEQ held an interactive 
public workshop in the Washington DC, area. By the close of the public 
comment period, NMFS had received over 150,000 comment letters, many of 
which were form letters urging NMFS to withdraw the proposed rule and 
start over.
    NMFS subsequently determined that it would be more appropriate to 
revise and update internal guidance rather than to create new 
regulatory requirements. On February 19, 2013, NMFS issued a policy 
titled ``National Environmental Policy Act Compliance for Council-
Initiated Fishery Management Actions under the Magnuson-Stevens Act.'' 
This policy clarifies roles and responsibilities of NMFS and the 
Councils, explains timing and procedural linkages, provides guidance on 
documentation needs, and fosters partnerships and cooperation between 
NMFS and Councils on NEPA compliance. This policy satisfied the 
requirements of section 304(i) of the MSA.
    After issuing the 2013 Policy Directive, NMFS consulted with the 
Councils and with CEQ on proposed revisions to the 2013 NMFS NEPA 
policy directive, and based on those consultations, NMFS now proposes 
to use this policy as a basis for issuing revised and updated NEPA 
procedures for MSA actions in the form of a line-office supplement to 
NOAA Administrative Order (NAO) 216-6. On June 30, 2014, NMFS published 
a notice of availability of the draft Revised and Updated MSA NEPA 
procedures (79 FR 36726). Both the 2013 Policy Directive and the draft 
Revised and Updated MSA NEPA Procedures are available on the web at: 
http://www.nmfs.noaa.gov/sfa/laws_policies/msa/nepa.html.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 8, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-16426 Filed 7-11-14; 8:45 am]
BILLING CODE 3510-22-P