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