Notice of Fee Calculations for Special Use Permits, 47472-47474 [2015-19121]

Download as PDF 47472 Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Fee Calculations for Special Use Permits Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice; request for public comments. AGENCY: In accordance with a requirement of Public Law 106–513 (16 U.S.C. 1441(b)), NOAA hereby gives public notice of the methods, formulas and rationale for the calculations it will use in order to assess fees associated with special use permits (SUPs). DATES: Comments must be received on or before October 6, 2015. ADDRESSES: You may submit comments on this document, identified by NOAA– NOS–2015–0066, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NOS-20150066, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit all written comments to Matt Nichols, Office of National Marine Sanctuaries, 1305 East West Highway (N/NMS2), 11th Floor, Silver Spring, MD 20910. 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 ONMS. 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). FOR FURTHER INFORMATION CONTACT: Matt Nichols, Office of National Marine Sanctuaries, 1305 East West Highway (N/NMS2), Silver Spring, MD 20910, telephone (301) 713–7262, email Matt.Nichols@noaa.gov. SUPPLEMENTARY INFORMATION: This Federal Register document is also accessible via the Internet at: https:// www.access.gpo.gov/. tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:24 Aug 06, 2015 Jkt 235001 I. Background Congress first granted NOAA the authority to issue SUPs for conducting specific activities in national marine sanctuaries in the 1988 Amendments to the National Marine Sanctuaries Act (‘‘NMSA’’) (16 U.S.C. 1431 et seq.) (Pub. L. 100–627). The NMSA allows NOAA to establish categories of activities that may be subject to an SUP. The list of applicable categories of activities was last updated in 2013 (78 FR 25957). SUPs may be issued for the placement and recovery of objects on the seabed related to public or private events, or commercial filming; the continued presence of commercial submarine cables; the disposal of cremated human remains; recreational diving near the USS Monitor; the deployment of fireworks displays; or the operation of aircraft below the minimum altitude in restricted zones of national marine sanctuaries. Congress also gave NOAA the discretion to assess an SUP fee and laid out the basic components of an SUP fee (16 U.S.C. 1441(d)). The NMSA states: (d) Fees— (1) Assessment and Collection—The Secretary may assess and collect fees for the conduct of any activity under a permit issued under this section. (2) Amount—The amount of the fee under this subsection shall be the equal to the sum of— (A) Costs incurred, or expected to be incurred, by the Secretary in issuing the permit; (B) Costs incurred, or expected to be incurred, by the Secretary as a direct result of the conduct of the activity for which the permit is issued, including costs of monitoring the conduct of the activity; and (C) An amount which represents the fair market value of the use of the sanctuary resource. (3) Use of Fees—Amounts collected by the Secretary in the form of fees under this section may be used by the Secretary— (A) For issuing and administering permits under this section; and (B) For expenses of managing national marine sanctuaries. (4) Waiver or Reduction of Fees—The Secretary may accept in-kind contributions in lieu of a fee under paragraph (2)(C), or waive or reduce any fee assessed under this subsection for any activity that does not derive profit from the access to or use of sanctuary resources. The purpose of this notice is to propose standard procedures for assessing fee components associated with the application for and issuance of an SUP. SUPs are generally a small portion of the total number of permits issued by ONMS. However, with the addition of new SUP categories in 2013 and the current and potential expansion PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 of the National Marine Sanctuary System, ONMS may see a rise in the number of applications submitted annually as well as an increase in the complexity of the proposed projects. Due to this, NOAA is asking for public comment on a set of proposed standard procedures for assessing SUP fees. II. Summary of Fee Calculations When an SUP is applied for by an interested party, and ultimately issued by ONMS, the total fee assessed to the applicant will be the sum of the three categories of fees provided for in section 310(d)(2) of the NMSA: administrative costs, implementation and monitoring costs, and fair market value. A. Administrative Costs per 16 U.S.C. 1441(d)(2)(A) NOAA proposes to assess a nonrefundable $50 application fee for each SUP application submitted. Administrative costs spent reviewing the permit for sufficiency and suitability would be calculated by multiplying a regional labor rate, derived from the pay rates of ONMS permitting staff and averaged across ONMS regions, by the time spent by staff reviewing each permit application. NOAA will update the rate every year to account for staff changes as well as inflation. Such administrative costs could also include, but are not necessarily limited to, any environmental analyses and consultations associated with evaluating the permit application and issuing the permit; and equipment used in permit review and issuance (e.g., vessels, dive equipment, vehicles, and general overhead). Equipment includes but is not limited to autonomous underwater vehicles, remotely operated underwater vehicles, and sampling equipment. If equipment is acquired specifically to monitor the permit, the actual cost of the acquisition will be included. B. Implementation and Monitoring Costs per 16 U.S.C. 1441(d)(2)(B) NOAA may also charge a fee for costs associated with the implementation and monitoring of a permitted activity. Such costs would include staff time (calculated similarly to the labor rate described above), equipment use (including vessels or aircraft to oversee permit implementation), the expenses of monitoring the impacts of a permitted activity, and compliance with the terms and conditions of the permit. C. Fair Market Value per 16 U.S.C. 1441(d)(2)(C)) To date, NOAA ONMS has assessed fair market value (FMV) fees assessed for an SUP on a case-by-case basis. The E:\FR\FM\07AUN1.SGM 07AUN1 47473 Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices SUP category for continued operation and maintenance of submarine cables is the only category that has an established protocol for determining FMV (Aug. 28, 2002; 67 FR 55201). Conducting indepth economic valuation studies for each SUP application are normally overly burdensome for NOAA and the permit applicant relative to the scope and effects of proposed SUP projects. In proposing standard FMV fees for the other six SUP categories, NOAA has examined the fees assessed for past SUPs as well as comparable fees assessed by other federal, state, and local agencies for similar activities. NOAA is proposing to adopt a standard FMV fee structure for the remaining SUP categories, and is requesting public comment on the following set of FMV fees: 1. The placement and recovery of objects associated with public or private events on non-living substrate of the submerged lands of any national marine sanctuary. The FMV for this activity would be $200 per event, based on fee values historically applied at national marine sanctuaries for this activity. 2. The placement and recovery of objects related to commercial filming. With this notice, NOAA would adopt the fee structure below from the National Park Service (NPS), which shares a similar mandate with ONMS to protect natural spaces of national importance. ONMS has determined NPS’s broad evaluation methods to be sound and within the intent of ONMS SUPs for commercial filming. FMV FEE TABLE FOR PLACEMENT AND RECOVERY OF OBJECTS ASSOCIATED WITH COMMERCIAL FILMING EVENTS Motion pictures/videos Number of people 1–10 ....................................................... 11–30 ..................................................... 31–49 ..................................................... Over 50 .................................................. tkelley on DSK3SPTVN1PROD with NOTICES Number of people $150/day ............................................... 250/day ................................................. 500/day ................................................. 750/day ................................................. 1–10 ...................................................... 11–30 .................................................... Over 30 ................................................. ............................................................... The number of people refers to the cast and/or crew on location within the sanctuary for the commercial filming event, including pre- and postproduction. 3. The continued presence of commercial submarine cables on or within the submerged lands of any national marine sanctuary. NOAA assesses FMV for submarine cables in national marine sanctuaries based on the findings of its 2002 study entitled ‘‘Fair Market Value Analysis for a Fiber Optic Cable Permit in National Marine Sanctuaries’’(67 FR 55201). FMV for cables is assessed annually and adjusted according to the consumer price index. NOAA would continue using this methodology for assessing FMV fees for the continued presence of commercial submarine cables. 4. The disposal of cremated human remains (‘‘cremains’’)within or into any national marine sanctuary. NOAA would waive all fees, including the FMV fee, for private individuals disposing of cremains, but NOAA would assess a $50 per disposal FMV fee for commercial operators. This value is based on similar practices of state governments, such as the State of Washington, which assesses a $70 flat fee for a Cremated Human Remains Disposition Permit for disposal of cremains by airplane, boat, or other disposal methods for businesses. 5. Recreational diving near the USS Monitor. NOAA would waive the FMV fee for any SUP issued for recreational diving within Monitor National Marine Sanctuary, given that 1) individual recreational divers do not derive profits from their use of the sanctuary; and 2) permits for commercial recreational VerDate Sep<11>2014 18:24 Aug 06, 2015 Jkt 235001 divers further the sanctuary’s objectives by educating the public about the sanctuary and the historical significance of the U.S.S. Monitor. 6. Fireworks displays. The FMV for fireworks would be a tiered structure based on the number of fireworks events conducted per calendar year. The fee schedule would be as follows: 1 event per calendar year—$100; 2–5 events per calendar year—$300; 6–10 events per calendar year—$500; 11–20 events per calendar year—$700. 7. The operation of aircraft below the minimum altitude in restricted zones of national marine sanctuaries. The FMV would be $500 per site/per day. This is an existing value that has been applied historically at national marine sanctuaries for this activity. III. Waiver or Reduction of Fees NOAA may accept in-kind contributions in lieu of a fee, or waive or reduce any fee assessed for any activity that does not derive profit from the access to or use of sanctuary resources. NOAA may consider the benefits of the activity to support the goals and objectives of the sanctuary as an in-kind contribution in lieu of a fee. IV. Request for Comments NOAA is requesting comments on the proposed methods for assessment of SUP fees. V. Classification A. National Environmental Policy Act NOAA has concluded that this action will not have a significant effect, individually or cumulatively, on the human environment. This action is categorically excluded from the PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Still photography $50/day. 150/day. 250/day. requirement to prepare an environmental assessment or environmental impact statement in accordance with Section 6.03c3(i) of NOAA Administrative Order 216–6. Specifically, this action is a notice of an administrative and legal nature. Furthermore, individual permit actions by NOAA will be subject to additional case-by-case analysis, as required under NEPA, which will be completed as new permit applications are submitted for specific projects and activities. NOAA also expects that many of these individual actions will also meet the criteria of one or more of the categorical exclusions described in NOAA Administrative Order 216–6 because SUPs cannot be issued for activities that are expected to result in any destruction of, injury to, or loss of any sanctuary resource. However, the SUP authority may at times be used to allow activities that may meet the Council on Environmental Quality’s definition of the term ‘‘significant’’ despite the lack of apparent environmental impacts. In addition, NOAA may, in certain circumstances, combine its SUP authority with other regulatory authorities to allow activities not described above that may result in environmental impacts and thus require the preparation of an environmental assessment or environmental impact statement. In these situations NOAA will ensure that the appropriate NEPA documentation is prepared prior to taking final action on a permit or making any irretrievable or irreversible commitment of agency resources. E:\FR\FM\07AUN1.SGM 07AUN1 47474 Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices B. Paperwork Reduction Act Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., unless that collection of information displays a currently valid Office of Management and Budget (OMB) control number. Applications for the SUPs discussed in this notice involve a collection-of information requirement subject to the requirements of the PRA. OMB has approved this collection-of-information requirement under OMB control number 0648–0141. (No. 15741–01; 76 FR 60808) authorizes the importation of biological samples from South American fur seals (Arctocephalus australis) and South American sea lions (Otaria flavescens) for scientific research. These samples are part of ongoing health assessment studies of these species in Punta San Juan, Peru. The minor amendment (No. 15741–02) extends the duration of the permit for an additional year (August 31, 2016), but does not change any other terms or conditions of the permit. Dated: August 4, 2015. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Dated: July 20, 2015. John Armor, Acting Director, Office of National Marine Sanctuaries. [FR Doc. 2015–19431 Filed 8–6–15; 8:45 am] [FR Doc. 2015–19121 Filed 8–6–15; 8:45 am] BILLING CODE 3510–NK–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED DEPARTMENT OF COMMERCE Procurement List; Additions BILLING CODE 3510–22–P Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to the Procurement List. AGENCY: National Oceanic and Atmospheric Administration RIN 0648–XA629 Marine Mammals; File No. 15471–02 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit amendment. AGENCY: Notice is hereby given that to Michael Adkesson, D.V.M., Chicago Zoological Society, 3300 Golf Rd., Brookfield, IL 60527 has been issued a minor amendment to Scientific Research Permit No. 15471–01. ADDRESSES: The amendment and related documents are available for review upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427–8401; fax (301) 713–0376. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore, (301) 427–8401. SUPPLEMENTARY INFORMATION: The requested permit amendment has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The original permit (No. 15741), issued on August 23, 2010 (75 FR 52721), and subsequent amendment tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:24 Aug 06, 2015 Jkt 235001 This action adds products and a service to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. DATES: Effective date September 7, 2015. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia, 22202–4149. FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Additions On 6/12/2015 (80 FR 33485–33489) and 6/26/2015 (80 FR 36773–36774), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to furnish the products and service and impact of the additions on the current or most recent contractors, the Committee has determined that the products and service listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501–8506 and 41 CFR 51–2.4. PO 00000 Frm 00025 Fmt 4703 Sfmt 9990 Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and service to the Government. 2. The action will result in authorizing small entities to furnish the products and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in connection with the products and service proposed for addition to the Procurement List. End of Certification Accordingly, the following products and service are added to the Procurement List: Products NSN(s)—Product Name(s): 7510–00–272–9805—Envelope, Transparent, Large, 10’’x13’’ 7510–00–NIB–9955—Envelope, Transparent, Large, 10’’x13’’ Mandatory Source of Supply: Georgia Industries for the Blind, Bainbridge, GA Mandatory Purchase For: Total Government Requirement Contracting Activity: General Services Administration, New York, NY Distribution: A-List NSN(s)—Product Name(s): 6135–01–447–0949—Non-rechargeable, 9V alkaline battery Mandatory Source of Supply: Eastern Carolina Vocational Center, Inc., Greenville, NC Mandatory Purchase For: Total Government Requirement Contracting Activity: Defense Logistics Agency Land and Maritime, Columbus, OH Distribution: A-List Service: Service Type: Janitorial Service Service is Mandatory For: USDA Forest Service White Mountain National Forest Headquarters, 71 White Mountain Drive, Campton, NH Mandatory Source of Supply: Community Workshops, Inc., Boston, MA Contracting Activity: Forest Service, Allegheny National Forest, Warren, PA Barry S. Lineback, Director, Business Operations. [FR Doc. 2015–19440 Filed 8–6–15; 8:45 am] BILLING CODE 6353–01–P E:\FR\FM\07AUN1.SGM 07AUN1

Agencies

[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47472-47474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19121]



[[Page 47472]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Fee Calculations for Special Use Permits

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

ACTION: Notice; request for public comments.

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

SUMMARY: In accordance with a requirement of Public Law 106-513 (16 
U.S.C. 1441(b)), NOAA hereby gives public notice of the methods, 
formulas and rationale for the calculations it will use in order to 
assess fees associated with special use permits (SUPs).

DATES: Comments must be received on or before October 6, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NOS-2015-0066, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NOS-2015-0066, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit all written comments to Matt Nichols, Office 
of National Marine Sanctuaries, 1305 East West Highway (N/NMS2), 11th 
Floor, Silver Spring, MD 20910.
    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 ONMS. 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).

FOR FURTHER INFORMATION CONTACT: Matt Nichols, Office of National 
Marine Sanctuaries, 1305 East West Highway (N/NMS2), Silver Spring, MD 
20910, telephone (301) 713-7262, email Matt.Nichols@noaa.gov.

SUPPLEMENTARY INFORMATION: This Federal Register document is also 
accessible via the Internet at: https://www.access.gpo.gov/.

I. Background

    Congress first granted NOAA the authority to issue SUPs for 
conducting specific activities in national marine sanctuaries in the 
1988 Amendments to the National Marine Sanctuaries Act (``NMSA'') (16 
U.S.C. 1431 et seq.) (Pub. L. 100-627). The NMSA allows NOAA to 
establish categories of activities that may be subject to an SUP. The 
list of applicable categories of activities was last updated in 2013 
(78 FR 25957). SUPs may be issued for the placement and recovery of 
objects on the seabed related to public or private events, or 
commercial filming; the continued presence of commercial submarine 
cables; the disposal of cremated human remains; recreational diving 
near the USS Monitor; the deployment of fireworks displays; or the 
operation of aircraft below the minimum altitude in restricted zones of 
national marine sanctuaries. Congress also gave NOAA the discretion to 
assess an SUP fee and laid out the basic components of an SUP fee (16 
U.S.C. 1441(d)). The NMSA states:

    (d) Fees--
    (1) Assessment and Collection--The Secretary may assess and 
collect fees for the conduct of any activity under a permit issued 
under this section.
    (2) Amount--The amount of the fee under this subsection shall be 
the equal to the sum of--
    (A) Costs incurred, or expected to be incurred, by the Secretary 
in issuing the permit;
    (B) Costs incurred, or expected to be incurred, by the Secretary 
as a direct result of the conduct of the activity for which the 
permit is issued, including costs of monitoring the conduct of the 
activity; and
    (C) An amount which represents the fair market value of the use 
of the sanctuary resource.
    (3) Use of Fees--Amounts collected by the Secretary in the form 
of fees under this section may be used by the Secretary--
    (A) For issuing and administering permits under this section; 
and
    (B) For expenses of managing national marine sanctuaries.
    (4) Waiver or Reduction of Fees--The Secretary may accept in-
kind contributions in lieu of a fee under paragraph (2)(C), or waive 
or reduce any fee assessed under this subsection for any activity 
that does not derive profit from the access to or use of sanctuary 
resources.

    The purpose of this notice is to propose standard procedures for 
assessing fee components associated with the application for and 
issuance of an SUP. SUPs are generally a small portion of the total 
number of permits issued by ONMS. However, with the addition of new SUP 
categories in 2013 and the current and potential expansion of the 
National Marine Sanctuary System, ONMS may see a rise in the number of 
applications submitted annually as well as an increase in the 
complexity of the proposed projects. Due to this, NOAA is asking for 
public comment on a set of proposed standard procedures for assessing 
SUP fees.

II. Summary of Fee Calculations

    When an SUP is applied for by an interested party, and ultimately 
issued by ONMS, the total fee assessed to the applicant will be the sum 
of the three categories of fees provided for in section 310(d)(2) of 
the NMSA: administrative costs, implementation and monitoring costs, 
and fair market value.

A. Administrative Costs per 16 U.S.C. 1441(d)(2)(A)

    NOAA proposes to assess a non-refundable $50 application fee for 
each SUP application submitted. Administrative costs spent reviewing 
the permit for sufficiency and suitability would be calculated by 
multiplying a regional labor rate, derived from the pay rates of ONMS 
permitting staff and averaged across ONMS regions, by the time spent by 
staff reviewing each permit application. NOAA will update the rate 
every year to account for staff changes as well as inflation. Such 
administrative costs could also include, but are not necessarily 
limited to, any environmental analyses and consultations associated 
with evaluating the permit application and issuing the permit; and 
equipment used in permit review and issuance (e.g., vessels, dive 
equipment, vehicles, and general overhead). Equipment includes but is 
not limited to autonomous underwater vehicles, remotely operated 
underwater vehicles, and sampling equipment. If equipment is acquired 
specifically to monitor the permit, the actual cost of the acquisition 
will be included.

B. Implementation and Monitoring Costs per 16 U.S.C. 1441(d)(2)(B)

    NOAA may also charge a fee for costs associated with the 
implementation and monitoring of a permitted activity. Such costs would 
include staff time (calculated similarly to the labor rate described 
above), equipment use (including vessels or aircraft to oversee permit 
implementation), the expenses of monitoring the impacts of a permitted 
activity, and compliance with the terms and conditions of the permit.

C. Fair Market Value per 16 U.S.C. 1441(d)(2)(C))

    To date, NOAA ONMS has assessed fair market value (FMV) fees 
assessed for an SUP on a case-by-case basis. The

[[Page 47473]]

SUP category for continued operation and maintenance of submarine 
cables is the only category that has an established protocol for 
determining FMV (Aug. 28, 2002; 67 FR 55201). Conducting in-depth 
economic valuation studies for each SUP application are normally overly 
burdensome for NOAA and the permit applicant relative to the scope and 
effects of proposed SUP projects. In proposing standard FMV fees for 
the other six SUP categories, NOAA has examined the fees assessed for 
past SUPs as well as comparable fees assessed by other federal, state, 
and local agencies for similar activities. NOAA is proposing to adopt a 
standard FMV fee structure for the remaining SUP categories, and is 
requesting public comment on the following set of FMV fees:
    1. The placement and recovery of objects associated with public or 
private events on non-living substrate of the submerged lands of any 
national marine sanctuary. The FMV for this activity would be $200 per 
event, based on fee values historically applied at national marine 
sanctuaries for this activity.
    2. The placement and recovery of objects related to commercial 
filming. With this notice, NOAA would adopt the fee structure below 
from the National Park Service (NPS), which shares a similar mandate 
with ONMS to protect natural spaces of national importance. ONMS has 
determined NPS's broad evaluation methods to be sound and within the 
intent of ONMS SUPs for commercial filming.

          FMV Fee Table for Placement and Recovery of Objects Associated With Commercial Filming Events
----------------------------------------------------------------------------------------------------------------
                                        Motion pictures/
          Number of people                   videos            Number of people          Still photography
----------------------------------------------------------------------------------------------------------------
1-10...............................  $150/day.............  1-10.................  $50/day.
11-30..............................  250/day..............  11-30................  150/day.
31-49..............................  500/day..............  Over 30..............  250/day.
Over 50............................  750/day..............  .....................  .............................
----------------------------------------------------------------------------------------------------------------

    The number of people refers to the cast and/or crew on location 
within the sanctuary for the commercial filming event, including pre- 
and post-production.
    3. The continued presence of commercial submarine cables on or 
within the submerged lands of any national marine sanctuary. NOAA 
assesses FMV for submarine cables in national marine sanctuaries based 
on the findings of its 2002 study entitled ``Fair Market Value Analysis 
for a Fiber Optic Cable Permit in National Marine Sanctuaries''(67 FR 
55201). FMV for cables is assessed annually and adjusted according to 
the consumer price index. NOAA would continue using this methodology 
for assessing FMV fees for the continued presence of commercial 
submarine cables.
    4. The disposal of cremated human remains (``cremains'')within or 
into any national marine sanctuary. NOAA would waive all fees, 
including the FMV fee, for private individuals disposing of cremains, 
but NOAA would assess a $50 per disposal FMV fee for commercial 
operators. This value is based on similar practices of state 
governments, such as the State of Washington, which assesses a $70 flat 
fee for a Cremated Human Remains Disposition Permit for disposal of 
cremains by airplane, boat, or other disposal methods for businesses.
    5. Recreational diving near the USS Monitor. NOAA would waive the 
FMV fee for any SUP issued for recreational diving within Monitor 
National Marine Sanctuary, given that 1) individual recreational divers 
do not derive profits from their use of the sanctuary; and 2) permits 
for commercial recreational divers further the sanctuary's objectives 
by educating the public about the sanctuary and the historical 
significance of the U.S.S. Monitor.
    6. Fireworks displays. The FMV for fireworks would be a tiered 
structure based on the number of fireworks events conducted per 
calendar year. The fee schedule would be as follows: 1 event per 
calendar year--$100; 2-5 events per calendar year--$300; 6-10 events 
per calendar year--$500; 11-20 events per calendar year--$700.
    7. The operation of aircraft below the minimum altitude in 
restricted zones of national marine sanctuaries. The FMV would be $500 
per site/per day. This is an existing value that has been applied 
historically at national marine sanctuaries for this activity.

III. Waiver or Reduction of Fees

    NOAA may accept in-kind contributions in lieu of a fee, or waive or 
reduce any fee assessed for any activity that does not derive profit 
from the access to or use of sanctuary resources. NOAA may consider the 
benefits of the activity to support the goals and objectives of the 
sanctuary as an in-kind contribution in lieu of a fee.

IV. Request for Comments

    NOAA is requesting comments on the proposed methods for assessment 
of SUP fees.

V. Classification

A. National Environmental Policy Act

    NOAA has concluded that this action will not have a significant 
effect, individually or cumulatively, on the human environment. This 
action is categorically excluded from the requirement to prepare an 
environmental assessment or environmental impact statement in 
accordance with Section 6.03c3(i) of NOAA Administrative Order 216-6. 
Specifically, this action is a notice of an administrative and legal 
nature. Furthermore, individual permit actions by NOAA will be subject 
to additional case-by-case analysis, as required under NEPA, which will 
be completed as new permit applications are submitted for specific 
projects and activities.
    NOAA also expects that many of these individual actions will also 
meet the criteria of one or more of the categorical exclusions 
described in NOAA Administrative Order 216-6 because SUPs cannot be 
issued for activities that are expected to result in any destruction 
of, injury to, or loss of any sanctuary resource. However, the SUP 
authority may at times be used to allow activities that may meet the 
Council on Environmental Quality's definition of the term 
``significant'' despite the lack of apparent environmental impacts. In 
addition, NOAA may, in certain circumstances, combine its SUP authority 
with other regulatory authorities to allow activities not described 
above that may result in environmental impacts and thus require the 
preparation of an environmental assessment or environmental impact 
statement. In these situations NOAA will ensure that the appropriate 
NEPA documentation is prepared prior to taking final action on a permit 
or making any irretrievable or irreversible commitment of agency 
resources.

[[Page 47474]]

B. Paperwork Reduction Act

    Notwithstanding any other provisions of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., unless that collection of information displays a currently valid 
Office of Management and Budget (OMB) control number. Applications for 
the SUPs discussed in this notice involve a collection-of information 
requirement subject to the requirements of the PRA. OMB has approved 
this collection-of-information requirement under OMB control number 
0648-0141.

    Dated: July 20, 2015.
John Armor,
Acting Director, Office of National Marine Sanctuaries.
[FR Doc. 2015-19121 Filed 8-6-15; 8:45 am]
BILLING CODE 3510-NK-P
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