[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Proposed Rules]
[Page 43135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20833]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 010712175-1175-01]
RIN 0648-XA71


Fair Market Value Analysis for a Submarine Cable Permit in 
National Marine Sanctuaries

AGENCY: National Marine Sanctuary Program (NMSP), National Ocean 
Service (NOS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Notice of Availability; reopening of opportunity for public 
comment.

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

SUMMARY: Notice is hereby given that NOAA is reopening its request for 
comments on the draft report ``Fair Market Value Analysis for a 
Submarine Cable Permit in National Marine Sanctuaries.'' However, in 
re-opening the comment period, NOAA has removed the recommended fee 
amount from the report and, rather, seeks comment on the methodology 
presented in the report or suggestions of other appropriate 
methodologies for determining the fair market value for the presence of 
a submarine cable in a national marine sanctuary. NOAA is reopening the 
public comment period for 45 days.

DATES: Comments must be received by October 1, 2001.

ADDRESSES: Address all comments regarding this notice to Helen Golde, 
Chief, Conservation Policy and Planning Branch, Office of National 
Marine Sanctuaries, 1305 East-West Highway, 11th Floor, Silver Spring, 
MD 20910, Attention: Fair Market Value Analysis. Comments may also be 
submitted by email to: [email protected], subject line ``Fair 
Market Value Analysis.'' The report is available for download at http://www.sanctuaries.nos.noaa.gov or by requesting an electronic or hard 
copy. Requests can be made by sending an email to 
[email protected] (subject line ``Request for Fair Market Value 
Analysis'') or by calling Matt Brookhart at the number below.

FOR FURTHER INFORMATION CONTACT: Matt Brookhart, (301) 713-3125 x140.

SUPPLEMENTARY INFORMATION: Section 310 of the National Marine 
Sanctuaries Act, 16 U.S.C. 1441, authorizes the issuance of special use 
permits to establish conditions of access to and use of any sanctuary 
resource or to promote public use and understanding of a sanctuary 
resource. Section 310 also authorizes the assessment of fees for 
issuance of special use permits, including a fee that represents the 
fair market value of the use of sanctuary resources. NOAA's National 
Marine Sanctuary Program has issued two special use permits for the 
presence of submarine fiber optic cables in two national marine 
sanctuaries, one in the Olympic Coast Sanctuary National Marine 
Sanctuary (NMS) and the second in the Stellwagen Bank NMS.
    NOAA has committed that the process for determining the fair market 
value of any special use permit issued for the presence of submarine 
cables will allow for input from the permit holders as well as other 
stakeholders and interested persons.
    An interim final version of a report, ``Fair Market Value Analysis 
for Submarine Cable Permit in National Marine Sanctuaries,'' was 
completed in December 2000. The report presents an assessment of fair 
market value for the presence of a submarine cable in a National Marine 
Sanctuary. The content of this report is based on dozens of industry 
and government sources and draws on the collaboration with and review 
by numerous experts in the business, legal and technical arenas. NOAA 
published a notice in the Federal Register on January 5, 2000 
initiating a public comment period on the report, that ended on January 
18, 2001. Copies of the report and two peer reviews were also posted on 
the National Marine Sanctuary Program's website. A total of 21 
responses were received. Of these responses, one generally supported 
the report's methodology and conclusions, four argued it undervalued 
fair market fees in Sanctuaries, three argued it overvalued fair market 
fees in sanctuaries, and thirteen requested additional time to comment. 
Following the closure of the initial comment period, NOAA informally 
notified all commenters, the two existing permit holders, and all known 
interested parties that the public comment period would be reopened at 
some point in the future before a final determination on fair market 
value would be made. This notice reopens that comment period.
    Since the initial comment period, NOAA has updated the report by 
making a number of editorial and clarifying changes, and including some 
updated information. Further, NOAA has removed the recommended fee 
amount and now seeks comments on the methodology described in the 
report or suggestion of an appropriate alternative methodology.
    Once the current comment period closes, NOAA will evaluate the 
comments and make any necessary revisions to the methodology used in 
determining fair market value. NOAA will then work with the existing 
special use permit holders, utilizing such methodology, to assess the 
fair market value fee for their permits. NOAA will publish a final 
notice that summarizes all comments and presents a final fee 
methodology to be applied to any future cable projects within national 
marine sanctuaries that may be authorized pursuant to a special use 
permit.
    In a separate process, NOAA will continue developing its policy on 
submarine cables within national marine sanctuaries, following up on 
the August 23, 2000, Advance Notice of Proposed Rulemaking (ANPR) on 
Installing and Maintaining Commercial Submarine Cables in National 
Marine Sanctuaries (65 FR 51264). The ANPR included a draft set of 
proposed principles for laying submarine cables in the marine and 
coastal environment. Through this separate process, NOAA will consider 
whether to issue regulations or a policy statement on submarine cables 
within sanctuaries including whether the issuance of special use 
permits is necessary or appropriate.

    Dated: August 9, 2001.
Alan Neuschatz,
Chief Financial Officer/Chief Administrative Officer, Ocean Services 
and Coastal Zone Management.
[FR Doc. 01-20833 Filed 8-16-01; 8:45 am]
BILLING CODE 3510-08-M