[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Notices]
[Pages 25957-25958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10380]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Final Notice of Applicability of Special Use Permit Requirements
to Certain Categories of Activities Conducted Within the National
Marine Sanctuary System
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA).
ACTION: Notice.
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SUMMARY: In accordance with a requirement of Public Law 106-513 (16
U.S.C. 1441(b)), NOAA hereby gives public notice of the final revised
list of categories of activities subject to the special use permit
requirements of Section 310 of the National Marine Sanctuaries Act.
DATES: This notice is effective May 3, 2013.
FOR FURTHER INFORMATION CONTACT: Vicki Wedell, Office of National
Marine Sanctuaries, 1305 East West Highway (N/NMS2), Silver Spring, MD
20910, telephone (301) 713-3125, extension 237, email
[email protected].
SUPPLEMENTARY INFORMATION: This Federal Register document is also
accessible via the Internet at: [INSERT GPO ACCESS WEB ADDRESS--http://www.access.gpo.gov/]
I. Background
Section 310 of the National Marine Sanctuaries Act (NMSA) gives
NOAA the authority to issue special use permits for the conduct of
specific activities in national marine sanctuaries to establish
conditions of access to and use of any sanctuary resource or to promote
public use and understanding of a sanctuary resource (16 U.S.C. 1431 et
seq.). In the National Marine Sanctuaries Amendments Act of 2000 (Pub.
L. 106-513), Congress added a requirement that prior to requiring a
special use permit for any category of activity, NOAA shall give
appropriate public notice. On January 15, 2013, NOAA requested public
comment on the modification of three of the existing special use permit
categories and the addition of two new categories (78 FR 2597). The
remaining two special use permit categories remain unchanged. NOAA did
not receive any substantive comments during the 60-day public comment
period.
This notice also updates the wording of two of the categories to
use the term ``submerged lands'' rather than ``seabed'' to be
consistent with definitions established in the NMSA and sanctuary
regulations. NMSA section 302(3) states that the ``marine environment''
means those areas of coastal and ocean waters, the Great Lakes and
their connecting waters and submerged lands over which the United
States exercises jurisdiction, including the exclusive economic zone,
consistent with international law.'' The notice also clarifies that the
requirements apply to the disposal of cremated human remains within or
into any national marine sanctuary, as is consistent with sanctuary
regulations on discharges.
II. Categories of Activities Subject to Special Use Permits
The final list of categories subject to the requirements of special
use permits is:
1. The placement and recovery of objects associated with public or
private events on non-living substrate of the submerged lands of any
national marine sanctuary.
2. The placement and recovery of objects related to commercial
filming.
3. The continued presence of commercial submarine cables on or
within the submerged lands of any national marine sanctuary.
4. The disposal of cremated human remains within or into any
national marine sanctuary.
5. Recreational diving near the USS Monitor.
6. Fireworks displays.
7. The operation of aircraft below the minimum altitude in
restricted zones of national marine sanctuaries.
III. Classification
Refer to the notice of availability and request for public comment
in 78 FR 2597 for a full discussion of the applicability of the
National Environmental Policy Act and Paperwork Reduction Act.
A. National Environmental Policy Act
NOAA has concluded that this action will not have a significant
effect, individually or cumulatively, on the human environment. This
action is categorically excluded from the requirement to prepare an
environmental assessment or environmental impact statement in
accordance with Section 6.03c3(i) of NOAA Administrative Order 216-6.
[[Page 25958]]
Specifically, this action is a notice of an administrative and legal
nature. Furthermore, individual permit actions by the ONMS will be
subject to additional case-by-case analysis, as required under NEPA,
which will be completed as new permit applications are submitted for
specific projects and activities.
B. Paperwork Reduction Act
Applications for the special use permits discussed in this notice
involve a collection-of information requirement subject to the
requirements of the PRA. OMB has approved this collection-of-
information requirement under OMB control number 0648-0141.
Dated: April 19, 2013.
Daniel J. Basta,
Director, Office of National Marine Sanctuaries.
[FR Doc. 2013-10380 Filed 5-2-13; 8:45 am]
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