[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Pages 47472-47474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19121]
[[Page 47472]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Notice of Fee Calculations for Special Use Permits
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA).
ACTION: Notice; request for public comments.
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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 methods,
formulas and rationale for the calculations it will use in order to
assess fees associated with special use permits (SUPs).
DATES: Comments must be received on or before October 6, 2015.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NOS-2015-0066, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NOS-2015-0066, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit all written comments to Matt Nichols, Office
of National Marine Sanctuaries, 1305 East West Highway (N/NMS2), 11th
Floor, Silver Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by ONMS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. ONMS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Matt Nichols, Office of National
Marine Sanctuaries, 1305 East West Highway (N/NMS2), Silver Spring, MD
20910, telephone (301) 713-7262, email [email protected].
SUPPLEMENTARY INFORMATION: This Federal Register document is also
accessible via the Internet at: http://www.access.gpo.gov/.
I. Background
Congress first granted NOAA the authority to issue SUPs for
conducting specific activities in national marine sanctuaries in the
1988 Amendments to the National Marine Sanctuaries Act (``NMSA'') (16
U.S.C. 1431 et seq.) (Pub. L. 100-627). The NMSA allows NOAA to
establish categories of activities that may be subject to an SUP. The
list of applicable categories of activities was last updated in 2013
(78 FR 25957). SUPs may be issued for the placement and recovery of
objects on the seabed related to public or private events, or
commercial filming; the continued presence of commercial submarine
cables; the disposal of cremated human remains; recreational diving
near the USS Monitor; the deployment of fireworks displays; or the
operation of aircraft below the minimum altitude in restricted zones of
national marine sanctuaries. Congress also gave NOAA the discretion to
assess an SUP fee and laid out the basic components of an SUP fee (16
U.S.C. 1441(d)). The NMSA states:
(d) Fees--
(1) Assessment and Collection--The Secretary may assess and
collect fees for the conduct of any activity under a permit issued
under this section.
(2) Amount--The amount of the fee under this subsection shall be
the equal to the sum of--
(A) Costs incurred, or expected to be incurred, by the Secretary
in issuing the permit;
(B) Costs incurred, or expected to be incurred, by the Secretary
as a direct result of the conduct of the activity for which the
permit is issued, including costs of monitoring the conduct of the
activity; and
(C) An amount which represents the fair market value of the use
of the sanctuary resource.
(3) Use of Fees--Amounts collected by the Secretary in the form
of fees under this section may be used by the Secretary--
(A) For issuing and administering permits under this section;
and
(B) For expenses of managing national marine sanctuaries.
(4) Waiver or Reduction of Fees--The Secretary may accept in-
kind contributions in lieu of a fee under paragraph (2)(C), or waive
or reduce any fee assessed under this subsection for any activity
that does not derive profit from the access to or use of sanctuary
resources.
The purpose of this notice is to propose standard procedures for
assessing fee components associated with the application for and
issuance of an SUP. SUPs are generally a small portion of the total
number of permits issued by ONMS. However, with the addition of new SUP
categories in 2013 and the current and potential expansion of the
National Marine Sanctuary System, ONMS may see a rise in the number of
applications submitted annually as well as an increase in the
complexity of the proposed projects. Due to this, NOAA is asking for
public comment on a set of proposed standard procedures for assessing
SUP fees.
II. Summary of Fee Calculations
When an SUP is applied for by an interested party, and ultimately
issued by ONMS, the total fee assessed to the applicant will be the sum
of the three categories of fees provided for in section 310(d)(2) of
the NMSA: administrative costs, implementation and monitoring costs,
and fair market value.
A. Administrative Costs per 16 U.S.C. 1441(d)(2)(A)
NOAA proposes to assess a non-refundable $50 application fee for
each SUP application submitted. Administrative costs spent reviewing
the permit for sufficiency and suitability would be calculated by
multiplying a regional labor rate, derived from the pay rates of ONMS
permitting staff and averaged across ONMS regions, by the time spent by
staff reviewing each permit application. NOAA will update the rate
every year to account for staff changes as well as inflation. Such
administrative costs could also include, but are not necessarily
limited to, any environmental analyses and consultations associated
with evaluating the permit application and issuing the permit; and
equipment used in permit review and issuance (e.g., vessels, dive
equipment, vehicles, and general overhead). Equipment includes but is
not limited to autonomous underwater vehicles, remotely operated
underwater vehicles, and sampling equipment. If equipment is acquired
specifically to monitor the permit, the actual cost of the acquisition
will be included.
B. Implementation and Monitoring Costs per 16 U.S.C. 1441(d)(2)(B)
NOAA may also charge a fee for costs associated with the
implementation and monitoring of a permitted activity. Such costs would
include staff time (calculated similarly to the labor rate described
above), equipment use (including vessels or aircraft to oversee permit
implementation), the expenses of monitoring the impacts of a permitted
activity, and compliance with the terms and conditions of the permit.
C. Fair Market Value per 16 U.S.C. 1441(d)(2)(C))
To date, NOAA ONMS has assessed fair market value (FMV) fees
assessed for an SUP on a case-by-case basis. The
[[Page 47473]]
SUP category for continued operation and maintenance of submarine
cables is the only category that has an established protocol for
determining FMV (Aug. 28, 2002; 67 FR 55201). Conducting in-depth
economic valuation studies for each SUP application are normally overly
burdensome for NOAA and the permit applicant relative to the scope and
effects of proposed SUP projects. In proposing standard FMV fees for
the other six SUP categories, NOAA has examined the fees assessed for
past SUPs as well as comparable fees assessed by other federal, state,
and local agencies for similar activities. NOAA is proposing to adopt a
standard FMV fee structure for the remaining SUP categories, and is
requesting public comment on the following set of FMV fees:
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. The FMV for this activity would be $200 per
event, based on fee values historically applied at national marine
sanctuaries for this activity.
2. The placement and recovery of objects related to commercial
filming. With this notice, NOAA would adopt the fee structure below
from the National Park Service (NPS), which shares a similar mandate
with ONMS to protect natural spaces of national importance. ONMS has
determined NPS's broad evaluation methods to be sound and within the
intent of ONMS SUPs for commercial filming.
FMV Fee Table for Placement and Recovery of Objects Associated With Commercial Filming Events
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Motion pictures/
Number of people videos Number of people Still photography
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1-10............................... $150/day............. 1-10................. $50/day.
11-30.............................. 250/day.............. 11-30................ 150/day.
31-49.............................. 500/day.............. Over 30.............. 250/day.
Over 50............................ 750/day.............. ..................... .............................
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The number of people refers to the cast and/or crew on location
within the sanctuary for the commercial filming event, including pre-
and post-production.
3. The continued presence of commercial submarine cables on or
within the submerged lands of any national marine sanctuary. NOAA
assesses FMV for submarine cables in national marine sanctuaries based
on the findings of its 2002 study entitled ``Fair Market Value Analysis
for a Fiber Optic Cable Permit in National Marine Sanctuaries''(67 FR
55201). FMV for cables is assessed annually and adjusted according to
the consumer price index. NOAA would continue using this methodology
for assessing FMV fees for the continued presence of commercial
submarine cables.
4. The disposal of cremated human remains (``cremains'')within or
into any national marine sanctuary. NOAA would waive all fees,
including the FMV fee, for private individuals disposing of cremains,
but NOAA would assess a $50 per disposal FMV fee for commercial
operators. This value is based on similar practices of state
governments, such as the State of Washington, which assesses a $70 flat
fee for a Cremated Human Remains Disposition Permit for disposal of
cremains by airplane, boat, or other disposal methods for businesses.
5. Recreational diving near the USS Monitor. NOAA would waive the
FMV fee for any SUP issued for recreational diving within Monitor
National Marine Sanctuary, given that 1) individual recreational divers
do not derive profits from their use of the sanctuary; and 2) permits
for commercial recreational divers further the sanctuary's objectives
by educating the public about the sanctuary and the historical
significance of the U.S.S. Monitor.
6. Fireworks displays. The FMV for fireworks would be a tiered
structure based on the number of fireworks events conducted per
calendar year. The fee schedule would be as follows: 1 event per
calendar year--$100; 2-5 events per calendar year--$300; 6-10 events
per calendar year--$500; 11-20 events per calendar year--$700.
7. The operation of aircraft below the minimum altitude in
restricted zones of national marine sanctuaries. The FMV would be $500
per site/per day. This is an existing value that has been applied
historically at national marine sanctuaries for this activity.
III. Waiver or Reduction of Fees
NOAA may accept in-kind contributions in lieu of a fee, or waive or
reduce any fee assessed for any activity that does not derive profit
from the access to or use of sanctuary resources. NOAA may consider the
benefits of the activity to support the goals and objectives of the
sanctuary as an in-kind contribution in lieu of a fee.
IV. Request for Comments
NOAA is requesting comments on the proposed methods for assessment
of SUP fees.
V. Classification
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.
Specifically, this action is a notice of an administrative and legal
nature. Furthermore, individual permit actions by NOAA 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.
NOAA also expects that many of these individual actions will also
meet the criteria of one or more of the categorical exclusions
described in NOAA Administrative Order 216-6 because SUPs cannot be
issued for activities that are expected to result in any destruction
of, injury to, or loss of any sanctuary resource. However, the SUP
authority may at times be used to allow activities that may meet the
Council on Environmental Quality's definition of the term
``significant'' despite the lack of apparent environmental impacts. In
addition, NOAA may, in certain circumstances, combine its SUP authority
with other regulatory authorities to allow activities not described
above that may result in environmental impacts and thus require the
preparation of an environmental assessment or environmental impact
statement. In these situations NOAA will ensure that the appropriate
NEPA documentation is prepared prior to taking final action on a permit
or making any irretrievable or irreversible commitment of agency
resources.
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B. Paperwork Reduction Act
Notwithstanding any other provisions of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., unless that collection of information displays a currently valid
Office of Management and Budget (OMB) control number. Applications for
the SUPs 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: July 20, 2015.
John Armor,
Acting Director, Office of National Marine Sanctuaries.
[FR Doc. 2015-19121 Filed 8-6-15; 8:45 am]
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