Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries, 87803-87804 [2016-29234]

Download as PDF Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations the VOR/DME will coincide with the effective date of this rulemaking action. Domestic VOR Federal airways are published in paragraph 6010(a) of FAA Order 7400.11A dated August 3, 2016 and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The Domestic VOR Federal airways listed in this document will be published subsequently in the Order. Since this action merely involves editorial changes in the legal description of a VOR Federal airway, and does not involve a change in the dimensions or operating requirements of that airspace, notice and public procedure under 5 U.S.C. 553(b) are unnecessary. mstockstill on DSK3G9T082PROD with RULES Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act, and its agency implementing regulations in FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures’’ regarding categorical exclusions for procedural actions at paragraph 5–6.5a, which categorically excludes from full environmental impact review actions that are rulemaking actions that designate or modify classes of airspace areas, airways, routes, and reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace areas; Air Traffic Service Routes; and Reporting Points). This name change action which amends the legal description of the Very High Frequency Omnidirectional Range (VOR) Federal Airways V–235 and V–293 in the vicinity of Cedar City, UT is not expected to cause any potentially significant environmental impacts. In VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 accordance with FAAO 1050.1F, paragraph 5–2 regarding Extraordinary Circumstances, this action has been reviewed for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis, and it is determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 is amended to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p.389 § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016 and effective September 15, 2016, is amended as follows: ■ Paragraph 6010(a) Airways. * * * Domestic VOR Federal * * V–235 [Amended] From Peach Springs, AZ; Mormon Mesa, NV, via INT Mormon Mesa 059° and Enoch, UT, 197° radials; Enoch; Milford, UT; Delta, UT; Fairfield, UT; 10 miles, 15 miles, 135 MSL, 46 miles, 125 MSL; Fort Bridger, WY. From Rock Springs, WY; 20 miles, 41 miles, 92 MSL, 37 miles, 107 MSL; Muddy Mountain, WY; to Newcastle, WY. * * * * * V–293 [Amended] From Grand Canyon, AZ, via Page, AZ; INT Page 340° and Bryce Canyon, UT; 120° radials; Bryce Canyon; Enoch, UT; 37 miles, 108 MSL Wilson Creek, NV; 5 miles, 108 MSL, 37 miles, 115 MSL, Ely, NV; 125 MSL Bullion, NV; 28 miles, 57 miles, 99 MSL, Twin Falls, ID; 37 miles, 33 miles, 87 MSL, 76 miles, 113 MSL, 99 MSL Donnelly, ID. * * * * * Issued in Washington, DC, November 29, 2016. Leslie M. Swann, Acting Manager, Airspace Policy Group. [FR Doc. 2016–29143 Filed 12–5–16; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 87803 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket Number 160413330–6330–01] RIN 0648–BF99 Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Final rule; delay of effectiveness for discharge requirements with regard to U.S. Coast Guard activities. AGENCY: The National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The final rule entered into effect on June 9, 2015. At that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries’ regulations in the areas added to GFNMS and CBNMS boundaries in 2015 with regard to U.S. Coast Guard activities for 6 months. Since then, NOAA published two notices to extend the postponement of the discharge requirements to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate. This extension would end on December 9, 2016. This document extends the postponement of the discharge requirements for these activities for another 6 months for the same reasons. DATES: The effectiveness for the discharge requirements in both CBNMS and GFNMS expansion areas with regard to U.S. Coast Guard activities is June 9, 2017. ADDRESSES: Copies of the FEIS, final management plans, and the final rule published on March 12, 2015, can be viewed or downloaded at http:// farallones.noaa.gov/manage/expansion_ cbgf.html. FOR FURTHER INFORMATION CONTACT: Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at Maria.Brown@ noaa.gov or 415–561–6622. SUMMARY: E:\FR\FM\06DER1.SGM 06DER1 87804 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations II. Classification I. Background mstockstill on DSK3G9T082PROD with RULES SUPPLEMENTARY INFORMATION: A. National Environmental Policy Act NOAA previously conducted an environmental analysis under the National Environmental Policy Act (NEPA) as part of the rulemaking process leading to the expansion of CBNMS and GFNMS, which addressed regulations regarding the discharge of any matter or material in the sanctuaries. The environmental impacts of the decision to postpone effectiveness reflect a continuation of the environmental baseline and the no action alternative presented in that analysis. Should NOAA decide to amend the regulations governing discharges for USGS activities in CBNMS and GFNMS, any additional environmental analysis required under NEPA would be prepared and released for public comment. On March 12, 2015, NOAA expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule (80 FR 13078). The final rule entered into effect on June 9, 2015 (80 FR 34047). To ensure that the March 12, 2015, rule does not undermine USCG’s ability to perform its duties, at that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries’ regulations with regard to U.S. Coast Guard (USCG) activities for 6 months. Two additional six month postponements of the effectiveness of the discharge requirements were published in the Federal Register on December 1, 2015 (80 FR 74985) and May 31, 2016 (81 FR 34268), to provide adequate time for completion of an environmental assessment and to determine NOAA’s next steps. Without further NOAA action, the discharge regulations would become effective with regard to USCG activities December 9, 2016. However, NOAA needs more time to develop alternatives for an environmental assessment developed pursuant to the requirements of the National Environmental Policy Act. Therefore, this notice postpones the effectiveness of the discharge requirements in the expansion areas of both sanctuaries with regard to USCG activities for another 6 months, until June 9, 2017. During this time, NOAA will continue to consider how to address USCG’s concerns and, among other things, whether to exempt certain USCG activities in sanctuary regulations. The public, other federal agencies, and interested stakeholders will be given an opportunity to comment on various alternatives that are being considered. This will include the opportunity to review any proposed rule and related environmental analysis. In the course of the rule making to expand GFNMS and CBNMS, NOAA learned from USCG that the discharge regulations had the potential to impair the operations of USCG vessels and air craft conducting law enforcement and on-water training exercises in GFNMS and CBNMS. The USCG supports national marine sanctuary management by providing routine surveillance and dedicated law enforcement of the National Marine Sanctuaries Act and sanctuary regulations. VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 B. Executive Order 12866: Regulatory Impact This action has been determined to be not significant for purposes of the meaning of Executive Order 12866. C. Administrative Procedure Act The Assistant Administrator of 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 (APA) because this action is administrative in nature. This action postpones the effectiveness of the discharge requirements in the regulations for CBNMS and GFNMS in the areas added to the sanctuaries’ boundaries in 2015 (subject to notice and comment review) with regard to U.S. Coast Guard activities for 6 months to provide adequate time for public scoping, completion of an environmental assessment, and subsequent rulemaking, as appropriate. Should NOAA decide to amend the regulations governing discharges in CBNMS and GFNMS, it would publish a proposed rule followed by an appropriate public comment period as required by the APA. The substance of the underlying regulations remains unchanged. Therefore, providing notice and opportunity for public comment under the Administrative Procedure Act would serve no useful purpose. The delay in effectiveness provided by this action will also enable NOAA to fully implement its statutory responsibilities under the NMSA to protect resources of a national marine sanctuary. For the reasons above, the Assistant Administrator also finds good cause under 5 U.S.C. 553(d) to waive the 30- PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 day delay in effectiveness and make this action effective immediately upon publication. Authority: 16 U.S.C. 1431 et seq. Dated: December 1, 2016. W. Russell Callender, Assistant Administrator for Ocean Services and Coastal Management. [FR Doc. 2016–29234 Filed 12–5–16; 8:45 am] BILLING CODE 3510–NK–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 16–24] RIN 1515–AE20 Extension of Import Restrictions Imposed on Certain Archaeological and Ethnological Materials From the Plurinational State of Bolivia U.S. Customs and Border Protection; Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological and ethnological materials from the Plurinational State of Bolivia (‘‘Bolivia’’). The restrictions, which were originally imposed by Treasury Decision (T.D.) 01–86 and last extended by CBP Dec. 11–24, are due to expire on December 4, 2016. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions. Accordingly, these import restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to reflect this extension through December 4, 2021. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. T.D. 01–86 contains the Designated List of archaeological and ethnological SUMMARY: E:\FR\FM\06DER1.SGM 06DER1

Agencies

[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87803-87804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29234]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket Number 160413330-6330-01]
RIN 0648-BF99


Delay of Discharge Requirements for U.S. Coast Guard Activities 
in Greater Farallones and Cordell Bank National Marine Sanctuaries

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

ACTION: Final rule; delay of effectiveness for discharge requirements 
with regard to U.S. Coast Guard activities.

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

SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
expanded the boundaries of Gulf of the Farallones National Marine 
Sanctuary (now renamed Greater Farallones National Marine Sanctuary or 
GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area 
north and west of their previous boundaries with a final rule published 
on March 12, 2015. The final rule entered into effect on June 9, 2015. 
At that time, NOAA postponed the effectiveness of the discharge 
requirements in both sanctuaries' regulations in the areas added to 
GFNMS and CBNMS boundaries in 2015 with regard to U.S. Coast Guard 
activities for 6 months. Since then, NOAA published two notices to 
extend the postponement of the discharge requirements to provide 
adequate time for completion of an environmental assessment, and 
subsequent rulemaking, as appropriate. This extension would end on 
December 9, 2016. This document extends the postponement of the 
discharge requirements for these activities for another 6 months for 
the same reasons.

DATES: The effectiveness for the discharge requirements in both CBNMS 
and GFNMS expansion areas with regard to U.S. Coast Guard activities is 
June 9, 2017.

ADDRESSES: Copies of the FEIS, final management plans, and the final 
rule published on March 12, 2015, can be viewed or downloaded at http://farallones.noaa.gov/manage/expansion_cbgf.html.

FOR FURTHER INFORMATION CONTACT: Maria Brown, Greater Farallones 
National Marine Sanctuary Superintendent, at Maria.Brown@noaa.gov or 
415-561-6622.

[[Page 87804]]


SUPPLEMENTARY INFORMATION: 

I. Background

    On March 12, 2015, NOAA expanded the boundaries of Gulf of the 
Farallones National Marine Sanctuary (now renamed Greater Farallones 
National Marine Sanctuary or GFNMS) and Cordell Bank National Marine 
Sanctuary (CBNMS) to an area north and west of their previous 
boundaries with a final rule (80 FR 13078). The final rule entered into 
effect on June 9, 2015 (80 FR 34047). To ensure that the March 12, 
2015, rule does not undermine USCG's ability to perform its duties, at 
that time, NOAA postponed the effectiveness of the discharge 
requirements in both sanctuaries' regulations with regard to U.S. Coast 
Guard (USCG) activities for 6 months. Two additional six month 
postponements of the effectiveness of the discharge requirements were 
published in the Federal Register on December 1, 2015 (80 FR 74985) and 
May 31, 2016 (81 FR 34268), to provide adequate time for completion of 
an environmental assessment and to determine NOAA's next steps. Without 
further NOAA action, the discharge regulations would become effective 
with regard to USCG activities December 9, 2016. However, NOAA needs 
more time to develop alternatives for an environmental assessment 
developed pursuant to the requirements of the National Environmental 
Policy Act. Therefore, this notice postpones the effectiveness of the 
discharge requirements in the expansion areas of both sanctuaries with 
regard to USCG activities for another 6 months, until June 9, 2017. 
During this time, NOAA will continue to consider how to address USCG's 
concerns and, among other things, whether to exempt certain USCG 
activities in sanctuary regulations. The public, other federal 
agencies, and interested stakeholders will be given an opportunity to 
comment on various alternatives that are being considered. This will 
include the opportunity to review any proposed rule and related 
environmental analysis. In the course of the rule making to expand 
GFNMS and CBNMS, NOAA learned from USCG that the discharge regulations 
had the potential to impair the operations of USCG vessels and air 
craft conducting law enforcement and on-water training exercises in 
GFNMS and CBNMS. The USCG supports national marine sanctuary management 
by providing routine surveillance and dedicated law enforcement of the 
National Marine Sanctuaries Act and sanctuary regulations.

II. Classification

A. National Environmental Policy Act

    NOAA previously conducted an environmental analysis under the 
National Environmental Policy Act (NEPA) as part of the rulemaking 
process leading to the expansion of CBNMS and GFNMS, which addressed 
regulations regarding the discharge of any matter or material in the 
sanctuaries. The environmental impacts of the decision to postpone 
effectiveness reflect a continuation of the environmental baseline and 
the no action alternative presented in that analysis. Should NOAA 
decide to amend the regulations governing discharges for USGS 
activities in CBNMS and GFNMS, any additional environmental analysis 
required under NEPA would be prepared and released for public comment.

B. Executive Order 12866: Regulatory Impact

    This action has been determined to be not significant for purposes 
of the meaning of Executive Order 12866.

C. Administrative Procedure Act

    The Assistant Administrator of 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 (APA) because 
this action is administrative in nature. This action postpones the 
effectiveness of the discharge requirements in the regulations for 
CBNMS and GFNMS in the areas added to the sanctuaries' boundaries in 
2015 (subject to notice and comment review) with regard to U.S. Coast 
Guard activities for 6 months to provide adequate time for public 
scoping, completion of an environmental assessment, and subsequent 
rulemaking, as appropriate. Should NOAA decide to amend the regulations 
governing discharges in CBNMS and GFNMS, it would publish a proposed 
rule followed by an appropriate public comment period as required by 
the APA. The substance of the underlying regulations remains unchanged. 
Therefore, providing notice and opportunity for public comment under 
the Administrative Procedure Act would serve no useful purpose. The 
delay in effectiveness provided by this action will also enable NOAA to 
fully implement its statutory responsibilities under the NMSA to 
protect resources of a national marine sanctuary. For the reasons 
above, the Assistant Administrator also finds good cause under 5 U.S.C. 
553(d) to waive the 30-day delay in effectiveness and make this action 
effective immediately upon publication.

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

    Dated: December 1, 2016.
W. Russell Callender,
Assistant Administrator for Ocean Services and Coastal Management.
[FR Doc. 2016-29234 Filed 12-5-16; 8:45 am]
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