Federal Register/Vol. 80, No. 48/Thursday, March 12, 2015/Rules
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13078 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations DEPARTMENT OF COMMERCE I. Background opportunity to review any proposed rule and related environmental analyses. National Oceanic and Atmospheric A. Effective Date B. GFNMS Background Administration This rule postpones for 6 months the effective date for the discharge NOAA designated GFNMS in 1981 to 15 CFR Part 922 requirements in both expansion areas protect and preserve a unique and with regard to U.S. Coast Guard fragile ecological community, including [Docket No. 130405335–4999–02] activities. In the course of this rule the largest seabird colony in the contiguous United States and diverse making NOAA learned from Coast and abundant marine mammals. Guard that the discharge regulations had RIN 0648–BD18 GFNMS is located along and offshore the potential to impair the operations of California’s north-central coast, west of Expansion of Gulf of the Farallones Coast Guard vessels and air craft northern San Mateo, San Francisco, and Cordell Bank National Marine conducting law enforcement, search and Marin and southern Sonoma Counties. Sanctuaries, and Regulatory Changes rescue training and other statutorily GFNMS was previously composed of mandated activities in Gulf of the approximately 1,282 square miles (968 AGENCY: Office of National Marine Farallones and Cordell Bank national square nautical miles (sq. nmi)) of Sanctuaries (ONMS), National Ocean marine sanctuaries. The USCG supports Service (NOS), National Oceanic and offshore waters extending out to and national marine sanctuary management around the Farallon Islands, nearshore Atmospheric Administration (NOAA), by providing routine surveillance and Department of Commerce (DOC). waters (up to the mean high water line dedicated law enforcement of the unless otherwise specified) from Bodega ACTION: Final rule. national marine sanctuaries. It does so Head to Rocky Point in Marin, and the concurrently with other Coast Guard SUMMARY: The National Oceanic and submerged lands beneath these waters. operations, which include those relating The Farallon Islands lie along the outer Atmospheric Administration (NOAA) is to homeland security, search and expanding the boundaries of Gulf of the edge of the continental shelf, between rescue, regulatory program enforcement 15 and 22 miles (13 and 19 nmi) Farallones National Marine Sanctuary (such as vessel air pollution low sulfur (GFNMS) and Cordell Bank National southwest of Point Reyes and fuel program requirements, fisheries approximately 30 miles (26 nmi) due Marine Sanctuary (CBNMS) to an area management, oil spill response, marine north and west of their current west of San Francisco. In addition to living resource protection), vessel traffic sandy beaches, small coves, and boundaries. As part of this action, management, and drug interdiction. NOAA is revising the terms of offshore stacks, GFNMS includes open Coast Guard training involving use of bays (Bodega Bay, Drakes Bay) and designation, management plans, and force and search and rescue drills regulations for these two sanctuaries. enclosed bays or estuaries (Bolinas require expenditure of ammunition or Lagoon, Tomales Bay, Estero DATES: Effective Date: Pursuant to pyrotechnics (‘‘live fire training’’). Americano, and Estero de San Antonio). section 304(b) of the National Marine Additionally, some vessels used by the GFNMS is located within the California Sanctuaries Act (NMSA) (16 U.S.C. Coast Guard in both sanctuaries have current, and its waters are characterized 1434(b)), the revised designations and limited capacity to store sewage, and by wind-driven upwelling, localized regulations shall take effect and become that may impact Coast Guard’s eddies, counter-current gyres, high final after the close of a review period capability to conduct extended, nutrient supply, and high levels of of forty-five days of continuous session necessary operations in the expansion phytoplankton. As a result of this of Congress beginning on March 12, areas. Accordingly, to ensure that this action, GFNMS is being expanded to a 2015. Additional information regarding rule does not undermine Coast Guard’s total of 3,295 square miles (2,488 sq. the effective date for this final rule is ability to perform its duties, NOAA is nmi). contained in the ‘‘Background’’ section, postponing for 6 months the date when below. NOAA will publish an the discharge requirements will become B. CBNMS Background announcement of the effective date of effective with regard to Coast Guard NOAA designated CBNMS in 1989 to the final regulations in the Federal operations. During this time, NOAA will protect and preserve the extraordinary Register. consider how to address Coast Guard’s ecosystem, including invertebrates, ADDRESSES: Copies of the final concerns and will consider, among marine birds, mammals, and other environmental impact statement (FEIS) other things, whether to exempt certain natural resources, of Cordell Bank and described in this rule and the record of Coast Guard activities in both its surrounding waters. CBNMS is decision (ROD) are available upon sanctuaries similar to existing located offshore of California’s north- request to Maria Brown, exemptions provided for Department of central coast, west of Marin County. Superintendent, Gulf of the Farallones Defense activities (15 CFR 922.82(b) and CBNMS previously protected an area of National Marine Sanctuary, 991 Marine 922.112(c)). The 6-month postponement approximately 529 square miles (399 sq. Drive, The Presidio, San Francisco, CA will begin at the time the regulations for nmi). The main feature of the sanctuary 94129. Copies of the FEIS, final the expansion areas become effective. is Cordell Bank (Bank), an offshore management plans, and the final rule As noted above, NOAA will publish a granite bank located on the edge of the can also be viewed or downloaded at notice when the regulations continental shelf, about 49 miles (43 http://farallones.noaa.gov/manage/ promulgated by this rule become nmi) northwest of the Golden Gate expansion_cbgf.html. effective and will include in that notice Bridge and 23 miles (20 nmi) west of the the date when the postponement of the Point Reyes lighthouse. CBNMS is FOR FURTHER INFORMATION CONTACT: effective date for Coast Guard activities entirely offshore and shares its southern Maria Brown at [email protected] ends. The public, other federal agencies, and eastern boundary with GFNMS. or 415–561–6622; or Dan Howard at and interested stakeholders will be Similar to GFNMS, CBNMS is located in [email protected] or 415–663– given an opportunity to comment on a major coastal upwelling system. The 0314. various alternatives that are being combination of oceanic conditions and SUPPLEMENTARY INFORMATION: considered. This will include the undersea topography provides for a VerDate Sep<11>2014 19:16 Mar 11, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12MRR2.SGM 12MRR2 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 13079 highly productive environment in a In addition to expanding the provide comprehensive protection of discrete offshore area. Prevailing boundaries of GFNMS and CBNMS, these resources. Records document over currents push nutrients from upwelling NOAA’s action revises the sanctuaries’ 200 vessel and aircraft losses between southward along the coast, moving management plans and modifies the 1820 and 1961 along California’s north- nutrients and other prey over the upper sanctuaries’ regulations. Together these central coast from Bodega Head north to levels of the Bank. The vertical relief changes provide comprehensive Point Arena. Submerged archaeological and hard substrate of the Bank provide management and protection of the remnants related to a number of former benthic habitat with near-shore nationally significant resources of the doghole ports are likely to exist in the characteristics in an open ocean area, while facilitating uses compatible area. Doghole ports were small ports on environment. The combination of algae with resource protection. The regulatory the Pacific Coast between Central and sedentary animals typical of changes are described in detail below in California and Southern Oregon that nearshore waters in close proximity to the ‘‘Summary of the Regulatory operated from the mid-1800s until 1939. open ocean species like blue whales and Amendments.’’ Such archaeological remnants could albatross creates a rare mix of species The expansion area, from the include landings, wire, trapeze loading and a unique biological community at upwelling off the Point Arena coast and chutes and offshore moorings. CBNMS. As a result of this action, the waters south to GFNMS and While there is no documentation of CBNMS is being expanded to a total of CBNMS, is ecologically connected to the submerged Native American human 1,286 square miles (971 sq. nmi). current sanctuaries. The upwelled settlements in the boundary expansion water, rich with nutrients, largely area, some may exist there, since Coast C. Purpose and Need for Action originates offshore of Point Arena and Miwok and Pomo peoples have lived The purpose of NOAA’s action is to flows south. It is the regional ecosystem and harvested the resources of this add national marine sanctuary driver for productivity in coastal waters abundant marine landscape for protections to the globally significant of north-central California. The area thousands of years. Sea level