[Federal Register Volume 82, Number 108 (Wednesday, June 7, 2017)]
[Rules and Regulations]
[Pages 26339-26340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11794]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket Number 160413330-7488-03]
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; notice of delay of effectiveness for discharge 
requirements with regard to U.S. Coast Guard activities.

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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 six months. Since then, NOAA published three documents 
to extend the postponement of the discharge requirements to provide 
adequate time for completion of an environmental assessment, and 
subsequent rulemaking, as appropriate. The current extension would end 
on June 9, 2017. This document extends the postponement of the 
discharge requirements for these activities for another six 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 
December 9, 2017.

ADDRESSES: Copies of documents relating to the expansion, including the 
Final Environmental Impact Statement (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.

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). In the course of the rulemaking 
to expand GFNMS and CBNMS, NOAA learned from U.S. Coast Guard (USCG) 
that the discharge regulations had the potential to impair the 
operations of USCG vessels and aircraft conducting law enforcement and 
on-water training exercises in GFNMS and CBNMS expansion areas. The 
USCG supports national marine sanctuary management by providing routine 
surveillance and dedicated law enforcement of the National Marine 
Sanctuaries Act (NMSA) and sanctuary regulations. To ensure that the 
March 12, 2015, rule did 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 USCG 
activities in the expansion areas for six months. Three additional six-
month postponements of the effectiveness of the discharge requirements 
were published in the Federal Register on December 1, 2015 (80 FR 
74985), May 31, 2016 (81 FR 34268), and December 6, 2016 (81 FR 87803), 
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 on June 9, 2017. 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 
document postpones the effectiveness of the discharge requirements in 
the expansion areas of both sanctuaries with regard to USCG activities 
for another six months, until December 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.

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. Potential environmental impacts of the decision to 
postpone effectiveness are sufficiently encompassed within the impacts 
analysis 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

[[Page 26340]]

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 USCG activities for six 
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 APA 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: May 30, 2017.
W. Russell Callender,
Assistant Administrator for Ocean Services and Coastal Management.
[FR Doc. 2017-11794 Filed 6-6-17; 8:45 am]
 BILLING CODE 3510-NK-P