Federal Register - January 19, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
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searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. For special use permits, a collection-of information requirement is necessary to determine whether the activities are consistent with the terms and conditions of special use permits prescribed by the NMSA. The public reporting burden for this collection of information is estimated to average twenty four 24 hours per response application, annual report, and financial report, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This estimate does not include additional time that may be required should the applicant be required to provide information to NOAA for the preparation of documentation that may be required under NEPA 16 U.S.C. 1431 et seq..
NOAA determined that this final rule would not appreciably change the average annual number of respondents or the reporting burden for the information requirements supporting special use or research permits because few activities requiring new permits are expected for the new areas. Much of the research is expected to be conducted by the sanctuary, and other uses that require permits are anticipated with very low intensity in the proposed expansion areas. NOAA also determined that these regulations do not necessitate a modification to its information collection approval by the Office of Management and Budget under the Paperwork Reduction Act. Comments on this determination were solicited in the proposed rule, and no public comments were received.
Notwithstanding any other provision of 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, unless that collection of information displays a currently valid OMB control number.
J. National Historic Preservation Act The National Historic Preservation Act NHPA; 16 U.S.C. 470 et seq. is intended to preserve historical and archaeological sites in the United States of America. The act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices.
Section 106 of the NHPA requires Federal agencies to take into account the effects of their undertakings on historic
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properties, and afford the Advisory Council on Historic Preservation ACHP a reasonable opportunity to comment. The historic preservation review process mandated by Section 106 is outlined in regulations issued by ACHP 36 CFR part 800. Pursuant to 36
CFR 800.16l1, historic properties include: any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in the National Register of Historic Places maintained by the Secretary of the Interior. The term includes artifacts, records, and remains that are related to and located within such properties. NOAA did not identify any known historic properties within the boundaries of the Final Preferred Alternative, and received no public comments regarding historic properties in the Final Preferred Alternative boundaries.
K. Coastal Zone Management Act Section 307 of the Coastal Zone Management Act CZMA; 16 U.S.C.
1456 requires Federal agencies carrying out an activity that would affect any land or water use or natural resource of the coastal zone to provide a consistency determination to the relevant state agencies before final approval of the agency action. Copies of the Draft Environmental Impact Statement were provided to five Gulf Coast States Texas, Louisiana, Alabama, Florida, and Mississippi, soliciting feedback on reasonably foreseeable effects on coastal resources and uses. Responses were received from Mississippi Department of Marine Resources and the Texas General Land Office indicating no objection to the proposed boundary changes or the DEIS.
With this information in addition to analysis provided in the FEIS, NOAA
determined this action would have no effect on coastal resources. On November 16, 2020, NOAA prepared a consistency determination, which was submitted to the five Gulf Coast States along with the proposed rule. In response to this request, the five Gulf States of Alabama, Florida, Louisiana, Mississippi, and Texas concurred with NOAAs consistency determination.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Fishing gear, Marine resources, Natural resources,
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Penalties, Recreation and recreation areas, Wildlife.
Nicole R. LeBoeuf, Acting Assistant Administrator for Ocean Services and Coastal Zone Management, National Ocean Service.
Accordingly, for the reasons set forth above, NOAA amends part 922, title 15
of the Code of Federal Regulations as follows:
PART 922NATIONAL MARINE
SANCTUARY PROGRAM
REGULATIONS
1. The authority citation for part 922
continues to read as follows:
Authority: 16 U.S.C. 1431 et seq.
Subpart LFlower Garden Banks National Marine Sanctuary
2. Revise 922.120 to read as follows:
922.120
Boundary.
The Flower Garden Banks National Marine Sanctuary sanctuary boundary encompasses a total area of approximately 121 square nautical miles 160.35 square miles of offshore ocean waters, and submerged lands thereunder, along the continental shelf and shelf edge in the northwestern Gulf of Mexico. The entire sanctuary boundary is comprised of 19 unique polygons. The precise boundary coordinates for each polygon are listed in appendix A to this subpart.
3. In 922.121, revise the term Noactivity zone to read as follows:
922.121
Definitions.
No-activity zone applicable only to oil and gas industry activities means the geographic areas delineated by the Department of the Interior in Topographic Features Stipulations for Outer Continental Shelf OCS lease sales as defined by a bathymetric contour isobath ranging from 5585m in depth, with the exception of Stetson Bank 52m and East and West Flower Garden Banks 100m. The Notice to Lessees NTL No. 2009G39 provides and consolidates guidance for the avoidance and protection of biologically sensitive features and areas i.e.
topographic features, pinnacles, live bottoms low relief features and other potentially sensitive biological features PSBFs when conducting operations in water depths shallower than 980 feet 300 meters in the Gulf of Mexico. NTL
2009G39 remains in effect pursuant to NTL No. 2015N02. The no-activity zones are based on depth contours as noted for the following Banks: Stetson Bank 52 meters, MacNeil Bank 82
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