Revisions of Boundaries for Flower Garden Banks National Marine Sanctuary; Intent To Prepare Draft Environmental Impact Statement, 5699-5701 [2015-01949]

Download as PDF Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules PART 238—SAVINGS AND LOAN HOLDING COMPANIES (REGULATION LL) 10. The authority citation for part 238 continues to read as follows: ■ Authority: 5 U.S.C. 552, 559; 12 U.S.C. 1462, 1462a, 1463, 1464, 1467, 1467a, 1468, 1813, 1817, 1829e, 1831i, 1972; 15 U.S.C. 78l. 11. In subpart A, add new § 238.9 to read as follows: ■ § 238.9 Small Bank Holding Company Policy Statement. (a) The Board’s Small Bank Holding Company Policy Statement (12 CFR part 225, appendix C) (Policy Statement) applies to savings and loan holding companies as if they were bank holding companies. To qualify or rely on the Policy Statement, savings and loan holding companies must meet all qualifying requirements in the Policy Statement as if they were a bank holding company. For purposes of applying the Policy Statement, the term ‘‘nonbank subsidiary’’ as used in the Policy Statement refers to a subsidiary of a savings and loan holding company other than a savings association or a subsidiary of a savings association. (b) The Board may exclude any savings and loan holding company, regardless of asset size, from the Policy Statement under paragraph (a) of this section if the Board determines that such action is warranted for supervisory purposes. By order of the Board of Governors of the Federal Reserve System, January 29, 2015. Michael Lewandowski, Associate Secretary of the Board. [FR Doc. 2015–02040 Filed 1–30–15; 11:15 am] BILLING CODE 6210–01–P Sanctuaries Act, as amended, (NMSA), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is initiating a review of Flower Garden Banks National Marine Sanctuary (FGBNMS or Sanctuary) boundaries, based on the recommendation contained within the Sanctuary Expansion Action Plan of the FGBNMS Management Plan (April 2012). The review process, as required by the NMSA, will be conducted concurrently with a public process under the National Environmental Policy Act (NEPA). This document also informs the public that NOAA will coordinate its responsibilities under section 106 of the National Historic Preservation Act (NHPA) with its ongoing NEPA process, including the use of NEPA documents and public and stakeholder meetings to also meet the requirements of section 106. The public scoping process is intended to solicit information and comments on the range and significance of issues related to the expansion of the FGBNMS boundaries. The results of this scoping process will assist NOAA in formulating alternatives for the draft environmental impact statement for the proposed revised sanctuary boundaries. DATES: Comments must be received by April 6, 2015. Public hearings will be held as detailed below: (1) New Orleans, LA Date: Tuesday, March 3, 2015 Location: Hilton New Orleans Airport, Cocodrie Room Address: 901 Airline Drive, Kenner, LA 70062 Time: 6:00–8:00 p.m. (2) Houston, TX Date: Thursday, March 5, 2015 Location: Bayland Community Center Address: 6400 Bissonnet Street, Houston, TX 77074 Time: 6:00–8:00 p.m. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 (3) Galveston, TX Revisions of Boundaries for Flower Garden Banks National Marine Sanctuary; Intent To Prepare Draft Environmental Impact Statement Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Notice of intent to revise boundaries; intent to prepare environmental impact statement. rljohnson on DSK3VPTVN1PROD with PROPOSALS AGENCY: In accordance with section 304(e) of the National Marine SUMMARY: VerDate Sep<11>2014 13:27 Feb 02, 2015 Jkt 235001 Date: Wednesday, March 11, 2015 Location: Flower Garden Banks NMS Office, NOAA Galveston Laboratory Address: 4700 Avenue U, Building 216, Galveston, TX 77551 Time: 6:00–8:00 p.m. ADDRESSES: Comments may be submitted by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NOS-20140154, click the ‘‘Comment Now!’’ icon, PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 5699 complete the required fields and enter or attach your comments. • Mail: George Schmahl, Sanctuary Superintendent, Flower Garden Banks National Marine Sanctuary, 4700 Avenue U, Bldg. 216, Galveston, TX 77551. 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. ONMS 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, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Kelly Drinnen, 409–621–5151 Ext. 105, fgbexpansion@noaa.gov. SUPPLEMENTARY INFORMATION: Background Information I. Background The National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.) authorizes the Secretary of Commerce (Secretary) to designate and protect as a national marine sanctuaries areas of the marine environment that are of special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or esthetic qualities. Day-to-day management of national marine sanctuaries has been delegated by the Secretary to the ONMS. The primary objective of the NMSA is to protect the biological and cultural resources of the sanctuary system, such as coral reefs, marine animals, historical shipwrecks, historic structures, and archaeological sites. Flower Garden Banks National Marine Sanctuary was designated on January 17, 1992 (Pub. L. 102–251, Title I, Sec. 101). At that time, the sanctuary consisted of two areas known as East and West Flower Garden Banks (56 FR 63634). In 1996, Congress added Stetson Bank to the sanctuary (Pub. L. 104–283). FGBNMS regulations were first published on December 5, 1991 (56 FR 63634) and became effective on January 18, 1994 (58 FR 65664). Current FGBNMS regulations can be found at 15 CFR part 922, subpart L. E:\FR\FM\03FEP1.SGM 03FEP1 5700 Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules rljohnson on DSK3VPTVN1PROD with PROPOSALS FGBNMS is located in the northwestern Gulf of Mexico. The banks’salt domes range in depth from 55 feet to over 500 feet, providing conditions supporting several distinct habitats (including the northern-most coral reefs in the continental United States) and essential habitat for a variety of marine species. The combination of location and geology makes the sanctuary an extremely productive and nationally significant ecosystem. II. Need for Action NOAA published a revised FGBNMS Management Plan in April 2012, which described the need to protect additional sensitive biological resources and geological features associated with reefs and banks in the northwestern Gulf of Mexico. The expansion of sanctuary protection for certain critical areas would address concerns about impacts of anchoring, safe access by fishers and divers, damage as a result of unregulated activities, and the need to protect unique features in these areas. Based on six years of input from the public and the FGBNMS Advisory Council, NOAA developed a Sanctuary Expansion Action Plan as part of the 2012 management plan revision. The action plan’s primary purpose was to ’’evaluate and expand, as appropriate, the network of protected areas within the sanctuary to include five to twelve additional reefs and banks, and modify the boundary of East and West Flower Garden and Stetson Banks to include critical adjacent habitats.’’ This proposal was developed in particular by the Sanctuary Advisory Council’s (SAC) boundary expansion working group, which was comprised of researchers, oil and gas production representatives, recreational divers, Bureau of Ocean Energy Management (BOEM) representatives, and ONMS staff. The working group met initially in February 2007, and then periodically over the course of 10 months, to discuss the concept in detail. The working group employed a consensus driven, constituent-based process to address the concept of boundary expansion. All participants discussed a variety of issues, considerations, priorities and concerns for each step of the process. The following recommendation was developed by the working group and adopted as a recommendation to NOAA by the SAC: Expand the sanctuary, with boundaries based on a critical habitat area and a 500meter buffer zone, by modifying the existing boundaries of East and West Flower Garden Banks and Stetson Bank, and adding Horseshoe Bank, McGrail Bank, Geyer Bank, Bright Bank, Sonnier Bank, Alderdice Bank, VerDate Sep<11>2014 13:27 Feb 02, 2015 Jkt 235001 MacNeil Bank, Rankin Bank, and 28 Fathom Bank. It is important to note that certain activities related to oil and gas exploration and development are already prohibited within a significant portion of each of the banks recommended for expansion, as these areas have been designated ‘‘no activity zones’’ by BOEM under lease stipulations that have been in place since 1973. (These restrictions are contained within ‘‘Notice to Lessees’’ (NTL) No. 2009–G39 for ‘‘BiologicallySensitive Underwater Features and Areas’’, for the Central and Western planning areas of the OCS in the Gulf of Mexico region.) NOAA has now decided that the SAC’s recommendation should be further explored through a public review process. Additional information on the SAC recommendation can be found in the FGBNMS Sanctuary Expansion Action Plan at the following link: https://flowergarden.noaa.gov/ document_library/mgmtdocs/fmp2012/ fmpexpansionactionplan.pdfith. In accordance Section 304(e) of the National Marine Sanctuaries Act, as amended (NMSA), 16 U.S.C. 1431 et seq., NOAA is initiating a review of the FGBNMS boundaries to ‘‘evaluate and expand, as appropriate’’ the network of protected areas within the sanctuary. The action under consideration will evaluate options for the expansion of the sanctuary by incorporating selected reefs and banks in the northwestern Gulf of Mexico for their long-term protection and management. An environmental impact statement will describe the various reefs and banks to be considered, alternative scenarios for incorporating additional areas, and NOAA’s preferred alternative. In addition, NOAA will analyze various regulatory scenarios for any new potential sanctuary areas, as well as for the existing sanctuary as described in the 2012 final management plan. III. Process The process for considering the expansion of FGBNMS is composed of four primary stages: 1. Information collection and characterization, including the consideration of public comment; 2. Preparation and release of a draft environmental impact statement (DEIS) that identifies boundary expansion alternatives, as well as a notice of proposed rulemaking (NPRM) to amend the sanctuary regulations to reflect any new boundary if proposed; 3. Public review and comment on the DEIS and NPRM; 4. Preparation and release of a final environmental impact statement, PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 including a response to public comments, with a final rule if appropriate. With this document, NOAA is opening a public comment period to: 1. Gather information and public comments from individuals, organizations, and government agencies on whether FGBNMS should expand its boundary, suggestions for the extent of an expanded boundary, and the potential effects of a boundary expansion; and 2. Help determine the scope of issues to be addressed in the preparation of an environmental analysis under NEPA. [INFORMATION ON DATES AND LOCATIONS FOR PUBLIC MEETINGS WILL BE ADDED LATER]. IV. Consultation Under Section 106 of the National Historic Preservation Act This document confirms that NOAA will fulfill its responsibility under section 106 of the National Historic Preservation Act (NHPA, 16 U.S.C. 470) through the ongoing NEPA process, pursuant to 36 CFR 800.8(a) including the use of NEPA documents and public and stakeholder meetings to meet the section 106 requirements. The NHPA specifically applies to any agency undertaking that may affect historic properties. Pursuant to 36 CFR 800.16(1)(1), historic properties includes any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. The term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria. In fulfilling its responsibility under the NHPA and NEPA, NOAA intends to identify consulting parties; identify historic properties and assess the effects of the undertaking on such properties; initiate formal consultation with the State Historic Preservation Officer, the Advisory Council of Historic Preservation, and other consulting parties; 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 and describe them in any environmental assessment or draft environmental impact statement. E:\FR\FM\03FEP1.SGM 03FEP1 Federal Register / Vol. 80, No. 22 / Tuesday, February 3, 2015 / Proposed Rules V. Consultation Under Section 304(a)(5) of the National Marine Sanctuaries Act This document confirms that NOAA will fulfill its responsibility under section 304(a)(5) of the National Marine Sanctuaries Act (NMSA, 16 U.S.C. 1431 et seq.), which states that the Gulf of Mexico Fishery Management Council (GMFMC) should be provided with the opportunity to prepare draft regulations for fishing within Federal waters, if NOAA pursues the addition of areas within the Gulf of Mexico to the sanctuary and if regulations regarding fishing are needed. The NMSA further declares that draft regulations prepared by the GMFMC, or a GMFMC determination that regulations are not necessary, shall be accepted and issued as proposed regulations unless the GMFMC’s action fails to fulfill the purposes and policies of the Act and the goals and objectives of the proposed designation. If the GMFMC declines to make a determination with respect to the need for regulations, makes a determination that is rejected by the Secretary of Commerce, or fails to prepare draft regulations in a timely manner, then NOAA shall prepare fishing regulations. Authority: 16 U.S.C. 1431 et seq. Dated: January 15, 2015. Daniel J. Basta, Director for the Office of National Marine Sanctuaries. [FR Doc. 2015–01949 Filed 2–2–15; 8:45 am] BILLING CODE 3510–NK–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1120 [CPSC Docket No. CPSC–2015–0003] Substantial Product Hazard List: Extension Cords Consumer Product Safety Commission. ACTION: Notice of proposed rulemaking. AGENCY: The Consumer Product Safety Commission (CPSC or Commission) is proposing a rule to specify that extension cords (both indoor and outdoor use extension cords) that do not contain one or more readily observable characteristics set forth in the proposed rule constitute a substantial product hazard under the Consumer Product Safety Act (CPSA). The rule would amend 16 CFR part 1120, which lists products that the Commission has determined present a substantial product hazard if the products have or rljohnson on DSK3VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 13:27 Feb 02, 2015 Jkt 235001 lack specified characteristics that are readily observable, have been addressed by a voluntary standard, such standard has been effective in reducing the risk of injury associated with the product, and there is substantial compliance with the standard. DATES: Written comments must be received by April 20, 2015. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2015– 0003, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: https:// www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. Written Submissions: Submit written submissions by mail/hand delivery/ courier to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7923. Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: http: //www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing. Docket: For access to the docket to read background documents or comments received, go to: https:// www.regulations.gov, and insert the docket number CPSC–2015–0003, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Arthur Lee, Office of Hazard Identification and Reduction, Consumer Product Safety Commission, National Product Testing and Evaluation Center, 5 Research Place, Rockville, MD 20850; telephone: 301–987–2008; alee@ cpsc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The Commission proposes to issue a rule under section 15(j) of the CPSA, 15 U.S.C. 2064(j), which would amend the substantial product hazard list in 16 CFR part 1120 (part 1120). The PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 5701 substantial product hazard list in part 1120 would be amended to add extension cords that lack certain readily observable characteristics. Four characteristics apply to all general-use extension cords (indoor and outdoor extension cords including indoor seasonal extension cords): (1) Minimum wire size; (2) sufficient strain relief; (3) proper polarity; and (4) proper continuity. In addition, one characteristic (outlet covers) applies to certain 2-wire indoor extension covers and one characteristic (jacketed insulated cord) applies to outdoor extension cords. Under the proposed amendment to part 1120, extension cords that do not contain one or more of the specified readily observable characteristics would be deemed to create a substantial product hazard under section 15(a)(2) of the CPSA because such products pose a risk of electrical shock or fire. These identified, readily observable characteristics for extension cords have been addressed in a voluntary standard, Underwriters Laboratories (UL), Standard for Cord Sets and PowerSupply Cords, UL 817, 11th Edition, dated March 16, 2001, revised February 3, 2014 (UL 817).1 As detailed in this notice, the Commission determines preliminarily that: • Minimum wire size; sufficient strain relief; polarization; continuity; outlet covers (for indoor cords); and flexible jacketed insulation (for outdoor cords) are all readily observable characteristics of extension cords; • the identified readily observable characteristics are addressed by a voluntary standard, UL 817; • conformance to UL 817 has been effective in reducing the risk of injury from shock and fire associated with indoor and outdoor extension cords; and • extension cords sold in the United States substantially comply with UL 817. A. Background and Statutory Authority Section 223 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), amended section 15 of the CPSA, 15 U.S.C. 2064, to add a new subsection (j). Section 15(j) of the CPSA provides the Commission with the authority to specify, by rule, for any consumer product or class of consumer products, characteristics whose existence or absence are deemed a 1 The UL mark and logo are trademarks of UL, LLC (formerly known as Underwriters Laboratories, Inc.). E:\FR\FM\03FEP1.SGM 03FEP1

Agencies

[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Proposed Rules]
[Pages 5699-5701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01949]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922


Revisions of Boundaries for Flower Garden Banks National Marine 
Sanctuary; Intent To Prepare Draft Environmental Impact Statement

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

ACTION: Notice of intent to revise boundaries; intent to prepare 
environmental impact statement.

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

SUMMARY: In accordance with section 304(e) of the National Marine 
Sanctuaries Act, as amended, (NMSA), the Office of National Marine 
Sanctuaries (ONMS) of the National Oceanic and Atmospheric 
Administration (NOAA) is initiating a review of Flower Garden Banks 
National Marine Sanctuary (FGBNMS or Sanctuary) boundaries, based on 
the recommendation contained within the Sanctuary Expansion Action Plan 
of the FGBNMS Management Plan (April 2012). The review process, as 
required by the NMSA, will be conducted concurrently with a public 
process under the National Environmental Policy Act (NEPA). This 
document also informs the public that NOAA will coordinate its 
responsibilities under section 106 of the National Historic 
Preservation Act (NHPA) with its ongoing NEPA process, including the 
use of NEPA documents and public and stakeholder meetings to also meet 
the requirements of section 106. The public scoping process is intended 
to solicit information and comments on the range and significance of 
issues related to the expansion of the FGBNMS boundaries. The results 
of this scoping process will assist NOAA in formulating alternatives 
for the draft environmental impact statement for the proposed revised 
sanctuary boundaries.

DATES: Comments must be received by April 6, 2015. Public hearings will 
be held as detailed below:

(1) New Orleans, LA

Date: Tuesday, March 3, 2015
Location: Hilton New Orleans Airport, Cocodrie Room
Address: 901 Airline Drive, Kenner, LA 70062
Time: 6:00-8:00 p.m.

(2) Houston, TX

Date: Thursday, March 5, 2015
Location: Bayland Community Center
Address: 6400 Bissonnet Street, Houston, TX 77074
Time: 6:00-8:00 p.m.

(3) Galveston, TX

Date: Wednesday, March 11, 2015
Location: Flower Garden Banks NMS Office, NOAA Galveston Laboratory
Address: 4700 Avenue U, Building 216, Galveston, TX 77551
Time: 6:00-8:00 p.m.

ADDRESSES: Comments may be submitted by any one of the following 
methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NOS-2014-0154, click the 
``Comment Now!'' icon, complete the required fields and enter or attach 
your comments.
     Mail: George Schmahl, Sanctuary Superintendent, Flower 
Garden Banks National Marine Sanctuary, 4700 Avenue U, Bldg. 216, 
Galveston, TX 77551.
    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. ONMS 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, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Kelly Drinnen, 409-621-5151 Ext. 105, 
fgbexpansion@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background Information

I. Background

    The National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1431 et seq.) 
authorizes the Secretary of Commerce (Secretary) to designate and 
protect as a national marine sanctuaries areas of the marine 
environment that are of special national significance due to their 
conservation, recreational, ecological, historical, scientific, 
cultural, archeological, educational, or esthetic qualities. Day-to-day 
management of national marine sanctuaries has been delegated by the 
Secretary to the ONMS. The primary objective of the NMSA is to protect 
the biological and cultural resources of the sanctuary system, such as 
coral reefs, marine animals, historical shipwrecks, historic 
structures, and archaeological sites.
    Flower Garden Banks National Marine Sanctuary was designated on 
January 17, 1992 (Pub. L. 102-251, Title I, Sec. 101). At that time, 
the sanctuary consisted of two areas known as East and West Flower 
Garden Banks (56 FR 63634). In 1996, Congress added Stetson Bank to the 
sanctuary (Pub. L. 104-283). FGBNMS regulations were first published on 
December 5, 1991 (56 FR 63634) and became effective on January 18, 1994 
(58 FR 65664). Current FGBNMS regulations can be found at 15 CFR part 
922, subpart L.

[[Page 5700]]

    FGBNMS is located in the northwestern Gulf of Mexico. The 
banks'salt domes range in depth from 55 feet to over 500 feet, 
providing conditions supporting several distinct habitats (including 
the northern-most coral reefs in the continental United States) and 
essential habitat for a variety of marine species. The combination of 
location and geology makes the sanctuary an extremely productive and 
nationally significant ecosystem.

II. Need for Action

    NOAA published a revised FGBNMS Management Plan in April 2012, 
which described the need to protect additional sensitive biological 
resources and geological features associated with reefs and banks in 
the northwestern Gulf of Mexico. The expansion of sanctuary protection 
for certain critical areas would address concerns about impacts of 
anchoring, safe access by fishers and divers, damage as a result of 
unregulated activities, and the need to protect unique features in 
these areas.
    Based on six years of input from the public and the FGBNMS Advisory 
Council, NOAA developed a Sanctuary Expansion Action Plan as part of 
the 2012 management plan revision. The action plan's primary purpose 
was to ''evaluate and expand, as appropriate, the network of protected 
areas within the sanctuary to include five to twelve additional reefs 
and banks, and modify the boundary of East and West Flower Garden and 
Stetson Banks to include critical adjacent habitats.'' This proposal 
was developed in particular by the Sanctuary Advisory Council's (SAC) 
boundary expansion working group, which was comprised of researchers, 
oil and gas production representatives, recreational divers, Bureau of 
Ocean Energy Management (BOEM) representatives, and ONMS staff. The 
working group met initially in February 2007, and then periodically 
over the course of 10 months, to discuss the concept in detail. The 
working group employed a consensus driven, constituent-based process to 
address the concept of boundary expansion. All participants discussed a 
variety of issues, considerations, priorities and concerns for each 
step of the process.
    The following recommendation was developed by the working group and 
adopted as a recommendation to NOAA by the SAC:

    Expand the sanctuary, with boundaries based on a critical 
habitat area and a 500-meter buffer zone, by modifying the existing 
boundaries of East and West Flower Garden Banks and Stetson Bank, 
and adding Horseshoe Bank, McGrail Bank, Geyer Bank, Bright Bank, 
Sonnier Bank, Alderdice Bank, MacNeil Bank, Rankin Bank, and 28 
Fathom Bank.

It is important to note that certain activities related to oil and gas 
exploration and development are already prohibited within a significant 
portion of each of the banks recommended for expansion, as these areas 
have been designated ``no activity zones'' by BOEM under lease 
stipulations that have been in place since 1973. (These restrictions 
are contained within ``Notice to Lessees'' (NTL) No. 2009-G39 for 
``Biologically-Sensitive Underwater Features and Areas'', for the 
Central and Western planning areas of the OCS in the Gulf of Mexico 
region.) NOAA has now decided that the SAC's recommendation should be 
further explored through a public review process. Additional 
information on the SAC recommendation can be found in the FGBNMS 
Sanctuary Expansion Action Plan at the following link: https://flowergarden.noaa.gov/document_library/mgmtdocs/fmp2012/fmpexpansionactionplan.pdfith.
    In accordance Section 304(e) of the National Marine Sanctuaries 
Act, as amended (NMSA), 16 U.S.C. 1431 et seq., NOAA is initiating a 
review of the FGBNMS boundaries to ``evaluate and expand, as 
appropriate'' the network of protected areas within the sanctuary. The 
action under consideration will evaluate options for the expansion of 
the sanctuary by incorporating selected reefs and banks in the 
northwestern Gulf of Mexico for their long-term protection and 
management. An environmental impact statement will describe the various 
reefs and banks to be considered, alternative scenarios for 
incorporating additional areas, and NOAA's preferred alternative. In 
addition, NOAA will analyze various regulatory scenarios for any new 
potential sanctuary areas, as well as for the existing sanctuary as 
described in the 2012 final management plan.

III. Process

    The process for considering the expansion of FGBNMS is composed of 
four primary stages:
    1. Information collection and characterization, including the 
consideration of public comment;
    2. Preparation and release of a draft environmental impact 
statement (DEIS) that identifies boundary expansion alternatives, as 
well as a notice of proposed rulemaking (NPRM) to amend the sanctuary 
regulations to reflect any new boundary if proposed;
    3. Public review and comment on the DEIS and NPRM;
    4. Preparation and release of a final environmental impact 
statement, including a response to public comments, with a final rule 
if appropriate.
    With this document, NOAA is opening a public comment period to:
    1. Gather information and public comments from individuals, 
organizations, and government agencies on whether FGBNMS should expand 
its boundary, suggestions for the extent of an expanded boundary, and 
the potential effects of a boundary expansion; and
    2. Help determine the scope of issues to be addressed in the 
preparation of an environmental analysis under NEPA.
[INFORMATION ON DATES AND LOCATIONS FOR PUBLIC MEETINGS WILL BE ADDED 
LATER].

IV. Consultation Under Section 106 of the National Historic 
Preservation Act

    This document confirms that NOAA will fulfill its responsibility 
under section 106 of the National Historic Preservation Act (NHPA, 16 
U.S.C. 470) through the ongoing NEPA process, pursuant to 36 CFR 
800.8(a) including the use of NEPA documents and public and stakeholder 
meetings to meet the section 106 requirements. The NHPA specifically 
applies to any agency undertaking that may affect historic properties. 
Pursuant to 36 CFR 800.16(1)(1), historic properties includes any 
prehistoric or historic district, site, building, structure or object 
included in, or eligible for inclusion in, the National Register of 
Historic Places maintained by the Secretary of the Interior. The term 
includes artifacts, records, and remains that are related to and 
located within such properties. The term includes properties of 
traditional religious and cultural importance to an Indian tribe or 
Native Hawaiian organization and that meet the National Register 
criteria. In fulfilling its responsibility under the NHPA and NEPA, 
NOAA intends to identify consulting parties; identify historic 
properties and assess the effects of the undertaking on such 
properties; initiate formal consultation with the State Historic 
Preservation Officer, the Advisory Council of Historic Preservation, 
and other consulting parties; 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 and 
describe them in any environmental assessment or draft environmental 
impact statement.

[[Page 5701]]

V. Consultation Under Section 304(a)(5) of the National Marine 
Sanctuaries Act

    This document confirms that NOAA will fulfill its responsibility 
under section 304(a)(5) of the National Marine Sanctuaries Act (NMSA, 
16 U.S.C. 1431 et seq.), which states that the Gulf of Mexico Fishery 
Management Council (GMFMC) should be provided with the opportunity to 
prepare draft regulations for fishing within Federal waters, if NOAA 
pursues the addition of areas within the Gulf of Mexico to the 
sanctuary and if regulations regarding fishing are needed. The NMSA 
further declares that draft regulations prepared by the GMFMC, or a 
GMFMC determination that regulations are not necessary, shall be 
accepted and issued as proposed regulations unless the GMFMC's action 
fails to fulfill the purposes and policies of the Act and the goals and 
objectives of the proposed designation. If the GMFMC declines to make a 
determination with respect to the need for regulations, makes a 
determination that is rejected by the Secretary of Commerce, or fails 
to prepare draft regulations in a timely manner, then NOAA shall 
prepare fishing regulations.

    Authority:  16 U.S.C. 1431 et seq.

    Dated: January 15, 2015.
Daniel J. Basta,
Director for the Office of National Marine Sanctuaries.
[FR Doc. 2015-01949 Filed 2-2-15; 8:45 am]
BILLING CODE 3510-NK-P
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