[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 http://farallones.noaa.gov/manage/expansion_cbgf.html.

FOR FURTHER INFORMATION CONTACT: Maria Brown, Greater Farallones 
National Marine Sanctuary Superintendent, at [email protected] 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]
BILLING CODE 3510-NK-P