Olympic Coast National Marine Sanctuary Regulations; Correction, 11111-11113 [2015-04237]
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations
FAA Analysis
The FAA has reviewed the PARC
report and discussed the issue with
various aviation organizations. Based on
the data and recommendations received,
the FAA concluded that a significant
need for clarification and revision of
current policy exits. The agency and the
industry have made significant
investment in data communications.
These systems are expected to reduce
communication errors and improve
safety in the NAS as they enhance NAS
efficiency and capacity.
The FAA better understands the cost
of installing DLR systems on aircraft
that were designed and manufactured
before the regulation was promulgated
and no provisions for DLC recording
were available. Most aircraft produced
after the effective date of the rule have
the base mechanisms for DLC already
installed at manufacture, which
significantly decreases the cost and
impact of incorporating a recording
component. Accordingly, the policy
changes announced in this document
are applicable to aircraft that were
manufactured before December 6, 2010
(or April 6, 2012, if complying with part
91).
The FAA agrees that the complexity
of the current guidance has resulted in
inconsistent application of the rule. The
recording regulation was not intended
to discourage the installation of datalink
capability, and its applicability should
not depend on the subjective
interpretation of factors as minor as the
day a previously installed system was
turned on or the scope of changes to a
previously approved DLC system. In
order to maximize the safety and
efficiency benefits of DLC use in the
NAS, the FAA is simplifying its
guidance regarding the applicability of
the recording requirement for aircraft
that were manufactured before the
effective date of the rule.
The target aircraft for this policy
change represent approximately 30% of
the current U.S. fleet operating under
parts 121 and 135, as reported by the
PARC. These 2,116 aircraft were
manufactured prior to 2010 and had a
certified DLC system that was available
before the recordation rule became
effective. This number will gradually
decrease as these older aircraft are
retired and replaced. Since DLC
recordation was not required when
these aircraft were manufactured, none
of the messages associated with those
certified systems were identified,
making application of the regulation
difficult and inconsistent. The FAA
forecasts that by 2020, 34% of the U.S.
fleet (approximately 2,200) will consist
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of aircraft manufactured after 2010 that
have DLC recording capability.
Comments Requested
While this policy update is effective
on publication, the FAA seeks comment
from interested persons regarding the
application of the policy to affected
operators. We are particularly interested
in comments identifying the make/
model/series of aircraft that had a
certified DLC design approval prior to
the effective date of the rule, and any
information regarding the economic
impacts of the prior and revised polices,
and descriptions of circumstances for
which application of the regulation
remains unclear following this policy
update.
Updated Policy
Datalink recording requirements are
found in the operating regulations of
Title 14 of the Code of Federal
Regulations (14 CFR), specifically in
§ 91.609, effective April 6, 2012; and in
§§ 121.359, 125.227 and 135.151,
effective December 6, 2010. These
regulations each require that the subject
airplanes or rotorcraft that install
datalink communication equipment on
or after [the effective date of the rule],
must record all datalink messages as
required by the certification rule
applicable to the aircraft.
This policy statement clarifies how
the FAA defines the phrase ‘‘install
datalink communication equipment’’ for
purposes of the recordation
requirement. Clarification of this policy
and FAA guidance material is intended
to assist FAA personnel and aircraft
operators in determining when datalink
recording is required.
Definition of Datalink Communication
Equipment
The term ‘‘datalink communication
equipment’’ as used in these
regulations, means all of the
components installed on the aircraft that
are necessary to complete data
communications. The equipment may
vary for individual aircraft, but could
include the Flight Management
Computer; Communications
Management Unit (CMU), or equipment
with an equivalent function that hosts
an approved message set (e.g., CPDLC
application), the datalink router (e.g.,
hosted in the CMU) that routes the
messages to the radios, any radios (e.g.,
VHF, HF Datalink, Satcom) that are used
to transmit the messages using an
approved message set, and any antennas
associated with these radios.
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11111
Applicability
In applying this regulation, aircraft
are divided into two groups: Those
manufactured on or after the effective
date of the rule, and those manufactured
before that date.
Those airplanes or rotorcraft
manufactured on or after the effective
date, must record all datalink
communications when both of the
following conditions are met:
• The aircraft is required to have both
a cockpit voice recorder and a flight
data recorder; and
• The aircraft has datalink equipment
installed that uses an approved message
set (see FAA Advisory Circular 20–160).
Those airplanes or rotorcraft
manufactured before the effective date
of the rule must record all datalink
communications when both of the
following conditions are met:
• The aircraft is required to have both
a cockpit voice recorder and a flight
data recorder; and
• The MAKE/MODEL/SERIES of the
aircraft did not have any certified DLC
equipment installation design approval
(providing one or more of the messages
identified in AC 20–160) prior to the
effective date of the rule.
The FAA InFO 10016 dated August
16, 2010 is cancelled. A revised InFO
reflecting the policy changes noted here
is under development and will be
posted on the FAA Web site when
completed.
Issued in Washington, DC, on February 23,
2015.
John S. Duncan,
Director, Flight Standards Service.
[FR Doc. 2015–04158 Filed 2–25–15; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 140903747–4747–01]
RIN 0648–BE48
Olympic Coast National Marine
Sanctuary Regulations; Correction
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Correcting amendment.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA) is
reinstating missing paragraphs of the
SUMMARY:
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11112
Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations
Olympic Coast National Marine
Sanctuary (OCNMS) regulations that
pertain to the issuance of permits.
NOAA inadvertently excluded the
paragraphs in the publication of a
November 2011 final rule revising
OCNMS permitting regulations. The
reinstatement of these paragraphs will
ensure continued coordination with the
treaty Indian tribes whose cultural and
treaty resources may be affected by
activities of regulated entities. In
addition, these provisions provide
notice to the regulated community of
NOAA’s responsibilities to treaty Indian
tribes whose cultural and treaty
resources may be affected by a
permittee’s proposed activities.
DATES: Effective March 2, 2015.
FOR FURTHER INFORMATION CONTACT:
Helene Scalliet at (301) 713–3125 x281
or Helene.Scalliet@noaa.gov.
SUPPLEMENTARY INFORMATION: On
November 1, 2011, NOAA issued final
regulations revising permit criteria for
Olympic Coast National Marine
Sanctuary (76 FR 67348). NOAA
inadvertently excluded existing
paragraphs (d) through (h) in section
922.153 from the regulatory text as a
result of mistaken directions given to
the Government Publishing Office,
which is responsible for publishing the
Code of Federal Regulations (CFR).
Instead of amending only paragraphs (a)
through (c) of that section, per the 2011
rulemaking, NOAA instructed GPO to
revise section 922.153 in its entirety,
thus replacing all existing regulatory
text with sections (a) through (c). The
missing paragraphs of regulatory text are
essential to inform regulated entities of
NOAA’s responsibilities toward treaty
Indian tribes and their cultural and
tribal resources. NOAA’s responsibility
to federally recognized Indian tribes,
their cultural and treaty resources may
affect both the processing and
determinations of applications to
conduct activities in the Sanctuary.
The missing paragraphs (d) through
(h) can be found in a previous final rule
in 60 FR 66875, published on December
27, 1995 and at 15 CFR 922.153 (2011).
Evidence that this deletion of
paragraphs (d) through (h) was an
inadvertent procedural error can be
drawn from NOAA’s absence of
discussion on these changes in the
preambles of both the proposed and
final rules, as well as the absence of
analysis in the associated environmental
assessment prepared according to the
National Environmental Policy Act
(NEPA). The plain language of the prior
rule should have guided the public’s
knowledge and expectations of
regulated entities proposing activities in
VerDate Sep<11>2014
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Jkt 235001
the Sanctuary. Without the missing
paragraphs, those expectations would be
conflicted. Accordingly, NOAA is
publishing this technical correction as a
correcting amendment without notice
and comment. This rule reinstates
paragraphs (d) through (h) of section
922.153.
Administration amends 15 CFR part 922
as follows:
PART 922—NATIONAL MARINE
SANCTUARY PROGRAM
REGULATIONS
1. The authority citation for part 922
continues to read as follows:
■
Classification
Authority: 16 U.S.C. 1431 et seq.
A. Executive Order 12866: Regulatory
Impact
This final rule has been determined to
be not significant for purposes of the
meaning of Executive Order 12866.
B. Administrative Procedure Act/
Regulatory Flexibility Act
The Assistant Administrator of the
National Ocean Service (NOS) finds
good cause pursuant to 5 U.S.C.
553(b)(B) to waive the notice and
comment requirements of the
Administrative Procedure Act because
this rule merely reinstates language
from a rule previously submitted to
notice and comment review and
inadvertently deleted from the Code of
Federal Regulations and as such is
unnecessary. This rule corrects a
procedural error and ensures required
and expected implementation of
NOAA’s statutory responsibilities
toward treaty Indian tribes with cultural
and treaty resources in or near the
Sanctuary; improves communication
and collaboration with federally
recognized Indian tribes; and fulfills the
intent of Executive Order 13175. NOAA
has decided to make this document
effective upon publication because
public comment and delayed
effectiveness are unnecessary. The
language has already been subject to
notice and comment from the public
and is merely a restatement of preexisting regulatory language. For the
reasons above, the Assistant
Administrator finds good cause to waive
the 30-day delay in effectiveness.
C. Regulatory Flexibility Act
Because notice and opportunity for
comment are not required pursuant to 5
U.S.C. 553 or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
W. Russell Callender,
Acting Assistant Administrator for Ocean
Services and Coastal Zone Management.
Accordingly, for the reasons
discussed in the preamble, the National
Oceanic and Atmospheric
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■
2. Revise § 922.153 to read as follows:
§ 922.153
Permit procedures and criteria
(a) A person may conduct an activity
prohibited by paragraphs (a)(2) through
(8) of § 922.152 if conducted in
accordance with the scope, purpose,
terms and conditions of a permit issued
under this section and § 922.48.
(b) Applications for such permits
should be addressed to the Director,
Office of National Marine Sanctuaries;
ATTN: Superintendent, Olympic Coast
National Marine Sanctuary, 115 East
Railroad Avenue, Suite 301, Port
Angeles, WA 98362–2925.
(c) The Director, at his or her
discretion, may issue a permit, subject
to such terms and conditions as he or
she deems appropriate, to conduct an
activity prohibited by paragraphs (a)(2)
through (8) of § 922.152, if the Director
finds that the activity will not
substantially injure Sanctuary resources
and qualities and will: Further research
related to Sanctuary resources and
qualities; further the educational,
natural or historical resource value of
the Sanctuary; further salvage or
recovery operations in or near the
Sanctuary in connection with a recent
air or marine casualty; assist in
managing the Sanctuary; further salvage
or recovery operations in connections
with an abandoned shipwreck in the
Sanctuary title to which is held by the
State of Washington; or be issued to an
American Indian tribe adjacent to the
Sanctuary, and/or its designee as
certified by the governing body of the
tribe, to promote or enhance tribal selfdetermination, tribal government
functions, the exercise of treaty rights,
the economic development of the tribe,
subsistence, ceremonial and spiritual
activities, or the education or training of
tribal members. For the purpose of this
part, American Indian tribes adjacent to
the sanctuary mean the Hoh, Makah,
and Quileute Indian Tribes and the
Quinault Indian Nation. In deciding
whether to issue a permit, the Director
may consider such factors as: The
professional qualifications and financial
ability of the applicant as related to the
proposed activity; the duration of the
activity and the duration of its effects;
the appropriateness of the methods and
procedures proposed by the applicant
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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations
for the conduct of the activity; the
extent to which the conduct of the
activity may diminish or enhance
Sanctuary resources and qualities; the
cumulative effects of the activity; the
end value of the activity; and the
impacts of the activity on adjacent
American Indian tribes. Where the
issuance or denial of a permit is
requested by the governing body of an
American Indian tribe, the Director shall
consider and protect the interests of the
tribe to the fullest extent practicable in
keeping with the purposes of the
Sanctuary and his or her fiduciary
duties to the tribe. The Director may
also deny a permit application pursuant
to this section, in whole or in part, if it
is determined that the permittee or
applicant has acted in violation of the
terms or conditions of a permit or of
these regulations. In addition, the
Director may consider such other factors
as he or she deems appropriate.
(d) It shall be a condition of any
permit issued that the permit or a copy
thereof be displayed on board all vessels
or aircraft used in the conduct of the
activity.
(e) The Director may, inter alia, make
it a condition of any permit issued that
any data or information obtained under
the permit be made available to the
public.
(f) The Director may, inter alia, make
it a condition of any permit issued that
a NOAA official be allowed to observe
any activity conducted under the permit
and/or that the permit holder submit
one or more reports on the status,
progress or results of any activity
authorized by the permit.
(g) The Director shall obtain the
express written consent of the governing
body of an Indian tribe prior to issuing
a permit, if the proposed activity
involves or affects resources of cultural
or historical significance to the tribe.
(h) Removal, or attempted removal of
any Indian cultural resource or artifact
may only occur with the express written
consent of the governing body of the
tribe or tribes to which such resource or
artifact pertains, and certification by the
Director that such activities occur in a
manner that minimizes damage to the
biological and archeological resources.
Prior to permitting entry onto a
significant cultural site designated by a
tribal governing body, the Director shall
require the express written consent of
the governing body of the tribe or tribes
to which such cultural site pertains.
[FR Doc. 2015–04237 Filed 2–27–15; 8:45 am]
BILLING CODE 3510–NK–P
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CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112 and 1230
[Docket No. CPSC–2014–0011]
Safety Standard for Frame Child
Carriers
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
The Danny Keysar Child
Product Safety Notification Act, section
104 of the Consumer Product Safety
Improvement Act of 2008 (CPSIA),
requires the United States Consumer
Product Safety Commission
(Commission or CPSC) to promulgate
consumer product safety standards for
durable infant or toddler products.
These standards are to be ‘‘substantially
the same as’’ applicable voluntary
standards or more stringent than the
voluntary standards if the Commission
determines that more stringent
requirements would further reduce the
risk of injury associated with the
products. The Commission is issuing a
safety standard for frame child carriers
in response to the direction under
section 104(b) of the CPSIA. In addition,
the Commission is amending its
regulations regarding third party
conformity assessment bodies to include
the mandatory standard for frame child
carriers in the list of Notices of
Requirements (NOR) issued by the
Commission.
SUMMARY:
The rule will become effective
on September 2, 2016. The
incorporation by reference of the
publication listed in this rule is
approved by the Director of the Federal
Register as of September 2, 2016.
FOR FURTHER INFORMATION CONTACT: Julio
Alvarado, Compliance Officer,
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD
20814; telephone: 301–504–7418; email:
jalvarado@cpsc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background and Statutory Authority
The Consumer Product Safety
Improvement Act of 2008 (CPSIA,
Pub. L. 110–314) was enacted on August
14, 2008. Section 104(b) of the CPSIA,
part of the Danny Keysar Child Product
Safety Notification Act, requires the
Commission to: (1) Examine and assess
the effectiveness of voluntary consumer
product safety standards for durable
infant or toddler products, in
consultation with representatives of
consumer groups, juvenile product
manufacturers, and independent child
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11113
product engineers and experts; and (2)
promulgate consumer product safety
standards for durable infant and toddler
products. These standards are to be
‘‘substantially the same as’’ applicable
voluntary standards or more stringent
than the voluntary standards if the
Commission determines that more
stringent requirements would further
reduce the risk of injury associated with
the product. The term ‘‘durable infant or
toddler product’’ is defined in section
104(f)(1) of the CPSIA as ‘‘a durable
product intended for use, or that may be
reasonably expected to be used, by
children under the age of 5 years.’’
On May 16, 2014, the Commission
issued a notice of proposed rulemaking
(NPR) for frame child carriers. 79 FR
28458. The NPR proposed to
incorporate by reference the voluntary
standard, ASTM F2549–14, Standard
Consumer Safety Specification for
Frame Child Carriers, with one
proposed substitute provision that
would provide clear pass/fail criteria for
an existing test.
In this document, the Commission is
issuing a mandatory safety standard for
frame child carriers. As required by
section 104(b)(1)(A), the Commission
consulted with manufacturers, retailers,
trade organizations, laboratories,
consumer advocacy groups, consultants,
and the public to develop this proposed
standard, largely through the ASTM
process. The rule incorporates by
reference the most recent voluntary
standard developed by ASTM
International (formerly the American
Society for Testing and Materials),
ASTM F2549–14a, Standard Consumer
Safety Specification for Frame Child
Carriers. This most recent version of the
ASTM voluntary standard includes the
clear pass/fail criteria for an existing test
that were proposed in the NPR.
In addition, the final rule amends the
list of NORs issued by the Commission
in 16 CFR part 1112 to include the
standard for frame child carriers. Under
section 14 of the Consumer Product
Safety Act (CPSA), the Commission
promulgated 16 CFR part 1112 to
establish requirements for accreditation
of third party conformity assessment
bodies (or testing laboratories) to test for
conformance with a children’s product
safety rule. Amending part 1112 adds a
NOR for the frame child carrier standard
to the list of children’s product safety
rules.
II. Product Description
The scope of ASTM F2549–14a
defines a ‘‘frame child carrier’’ as ‘‘a
product, normally of sewn fabric
construction on a tubular metal or other
frame, which is designed to carry a
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]]>Agencies
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11111-11113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04237]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 140903747-4747-01]
RIN 0648-BE48
Olympic Coast National Marine Sanctuary Regulations; Correction
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is
reinstating missing paragraphs of the
[[Page 11112]]
Olympic Coast National Marine Sanctuary (OCNMS) regulations that
pertain to the issuance of permits. NOAA inadvertently excluded the
paragraphs in the publication of a November 2011 final rule revising
OCNMS permitting regulations. The reinstatement of these paragraphs
will ensure continued coordination with the treaty Indian tribes whose
cultural and treaty resources may be affected by activities of
regulated entities. In addition, these provisions provide notice to the
regulated community of NOAA's responsibilities to treaty Indian tribes
whose cultural and treaty resources may be affected by a permittee's
proposed activities.
DATES: Effective March 2, 2015.
FOR FURTHER INFORMATION CONTACT: Helene Scalliet at (301) 713-3125 x281
or Helene.Scalliet@noaa.gov.
SUPPLEMENTARY INFORMATION: On November 1, 2011, NOAA issued final
regulations revising permit criteria for Olympic Coast National Marine
Sanctuary (76 FR 67348). NOAA inadvertently excluded existing
paragraphs (d) through (h) in section 922.153 from the regulatory text
as a result of mistaken directions given to the Government Publishing
Office, which is responsible for publishing the Code of Federal
Regulations (CFR). Instead of amending only paragraphs (a) through (c)
of that section, per the 2011 rulemaking, NOAA instructed GPO to revise
section 922.153 in its entirety, thus replacing all existing regulatory
text with sections (a) through (c). The missing paragraphs of
regulatory text are essential to inform regulated entities of NOAA's
responsibilities toward treaty Indian tribes and their cultural and
tribal resources. NOAA's responsibility to federally recognized Indian
tribes, their cultural and treaty resources may affect both the
processing and determinations of applications to conduct activities in
the Sanctuary.
The missing paragraphs (d) through (h) can be found in a previous
final rule in 60 FR 66875, published on December 27, 1995 and at 15 CFR
922.153 (2011).
Evidence that this deletion of paragraphs (d) through (h) was an
inadvertent procedural error can be drawn from NOAA's absence of
discussion on these changes in the preambles of both the proposed and
final rules, as well as the absence of analysis in the associated
environmental assessment prepared according to the National
Environmental Policy Act (NEPA). The plain language of the prior rule
should have guided the public's knowledge and expectations of regulated
entities proposing activities in the Sanctuary. Without the missing
paragraphs, those expectations would be conflicted. Accordingly, NOAA
is publishing this technical correction as a correcting amendment
without notice and comment. This rule reinstates paragraphs (d) through
(h) of section 922.153.
Classification
A. Executive Order 12866: Regulatory Impact
This final rule has been determined to be not significant for
purposes of the meaning of Executive Order 12866.
B. Administrative Procedure Act/Regulatory Flexibility Act
The Assistant Administrator of the National Ocean Service (NOS)
finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive the notice and
comment requirements of the Administrative Procedure Act because this
rule merely reinstates language from a rule previously submitted to
notice and comment review and inadvertently deleted from the Code of
Federal Regulations and as such is unnecessary. This rule corrects a
procedural error and ensures required and expected implementation of
NOAA's statutory responsibilities toward treaty Indian tribes with
cultural and treaty resources in or near the Sanctuary; improves
communication and collaboration with federally recognized Indian
tribes; and fulfills the intent of Executive Order 13175. NOAA has
decided to make this document effective upon publication because public
comment and delayed effectiveness are unnecessary. The language has
already been subject to notice and comment from the public and is
merely a restatement of pre-existing regulatory language. For the
reasons above, the Assistant Administrator finds good cause to waive
the 30-day delay in effectiveness.
C. Regulatory Flexibility Act
Because notice and opportunity for comment are not required
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory flexibility analysis is not
required and has not been prepared.
(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary
Program)
W. Russell Callender,
Acting Assistant Administrator for Ocean Services and Coastal Zone
Management.
Accordingly, for the reasons discussed in the preamble, the
National Oceanic and Atmospheric Administration amends 15 CFR part 922
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.
0
2. Revise Sec. 922.153 to read as follows:
Sec. 922.153 Permit procedures and criteria
(a) A person may conduct an activity prohibited by paragraphs
(a)(2) through (8) of Sec. 922.152 if conducted in accordance with the
scope, purpose, terms and conditions of a permit issued under this
section and Sec. 922.48.
(b) Applications for such permits should be addressed to the
Director, Office of National Marine Sanctuaries; ATTN: Superintendent,
Olympic Coast National Marine Sanctuary, 115 East Railroad Avenue,
Suite 301, Port Angeles, WA 98362-2925.
(c) The Director, at his or her discretion, may issue a permit,
subject to such terms and conditions as he or she deems appropriate, to
conduct an activity prohibited by paragraphs (a)(2) through (8) of
Sec. 922.152, if the Director finds that the activity will not
substantially injure Sanctuary resources and qualities and will:
Further research related to Sanctuary resources and qualities; further
the educational, natural or historical resource value of the Sanctuary;
further salvage or recovery operations in or near the Sanctuary in
connection with a recent air or marine casualty; assist in managing the
Sanctuary; further salvage or recovery operations in connections with
an abandoned shipwreck in the Sanctuary title to which is held by the
State of Washington; or be issued to an American Indian tribe adjacent
to the Sanctuary, and/or its designee as certified by the governing
body of the tribe, to promote or enhance tribal self-determination,
tribal government functions, the exercise of treaty rights, the
economic development of the tribe, subsistence, ceremonial and
spiritual activities, or the education or training of tribal members.
For the purpose of this part, American Indian tribes adjacent to the
sanctuary mean the Hoh, Makah, and Quileute Indian Tribes and the
Quinault Indian Nation. In deciding whether to issue a permit, the
Director may consider such factors as: The professional qualifications
and financial ability of the applicant as related to the proposed
activity; the duration of the activity and the duration of its effects;
the appropriateness of the methods and procedures proposed by the
applicant
[[Page 11113]]
for the conduct of the activity; the extent to which the conduct of the
activity may diminish or enhance Sanctuary resources and qualities; the
cumulative effects of the activity; the end value of the activity; and
the impacts of the activity on adjacent American Indian tribes. Where
the issuance or denial of a permit is requested by the governing body
of an American Indian tribe, the Director shall consider and protect
the interests of the tribe to the fullest extent practicable in keeping
with the purposes of the Sanctuary and his or her fiduciary duties to
the tribe. The Director may also deny a permit application pursuant to
this section, in whole or in part, if it is determined that the
permittee or applicant has acted in violation of the terms or
conditions of a permit or of these regulations. In addition, the
Director may consider such other factors as he or she deems
appropriate.
(d) It shall be a condition of any permit issued that the permit or
a copy thereof be displayed on board all vessels or aircraft used in
the conduct of the activity.
(e) The Director may, inter alia, make it a condition of any permit
issued that any data or information obtained under the permit be made
available to the public.
(f) The Director may, inter alia, make it a condition of any permit
issued that a NOAA official be allowed to observe any activity
conducted under the permit and/or that the permit holder submit one or
more reports on the status, progress or results of any activity
authorized by the permit.
(g) The Director shall obtain the express written consent of the
governing body of an Indian tribe prior to issuing a permit, if the
proposed activity involves or affects resources of cultural or
historical significance to the tribe.
(h) Removal, or attempted removal of any Indian cultural resource
or artifact may only occur with the express written consent of the
governing body of the tribe or tribes to which such resource or
artifact pertains, and certification by the Director that such
activities occur in a manner that minimizes damage to the biological
and archeological resources. Prior to permitting entry onto a
significant cultural site designated by a tribal governing body, the
Director shall require the express written consent of the governing
body of the tribe or tribes to which such cultural site pertains.
[FR Doc. 2015-04237 Filed 2-27-15; 8:45 am]
BILLING CODE 3510-NK-P
