4898 Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices 

public of the availability of the permit 

application for review and comment. 

DATES: Written comments on the permit 

application must be received at the 

appropriate address or fax number (see 

ADDRESSES) no later than 5 p.m. Pacific 

standard time on March 1, 2006. 

ADDRESSES: Written comments on the 

permit application should be sent to the 

appropriate office as indicated below. 

Comments may also be sent via fax to 

the number indicated for the request. 

Comments will not be accepted if 

submitted via e-mail or the Internet. The 

permit application and related 

documents for permit 1558 are available 

for review by appointment at: Protected 

Resources Division, NMFS, 650 Capitol 

Mall, Suite 8–300, Sacramento, CA 

95814 (ph: 916–930–3604, fax: 916–

930–3629). Documents may also be 

reviewed by appointment in the Office 

of Protected Resources, F/PR3, NMFS, 

1315 East-West Highway, Silver Spring, 

MD 20910 3226 (301–713–1401). 

FOR FURTHER INFORMATION CONTACT: 

Michael Tucker at phone number 916–

930–3604, or e-mail: 

FRNpermit.sac@noaa.gov 

SUPPLEMENTARY INFORMATION: 

Authority 

Issuance of permits and permit 

modifications, as required by the 

Endangered Species Act of 1973 (16 

U.S.C. 1531 1543) (ESA), is based on a 

finding that such permits/modifications: 

(1) are applied for in good faith; (2) 

would not operate to the disadvantage 

of the listed species which are the 

subject of the permits; and (3) are 

consistent with the purposes and 

policies set forth in section 2 of the 

ESA. Authority to take listed species is 

subject to conditions set forth in the 

permits. Permits and modifications are 

issued in accordance with and are 

subject to the ESA and NMFS 

regulations governing listed fish and 

wildlife permits (50 CFR parts 222–226). 

Those individuals requesting a 

hearing on an application listed in this 

notice should set out the specific 

reasons why a hearing on that 

application would be appropriate (see 

ADDRESSES). The holding of such a 

hearing is at the discretion of the 

Assistant Administrator for Fisheries, 

NOAA. All statements and opinions 

contained in the permit action 

summaries are those of the applicant 

and do not necessarily reflect the views 

of NMFS. 

Species Covered in This Notice 

This notice is relevant to federally 

threatened Central Valley spring-run 

Chinook salmon (Oncorhynchus 

tshawytscha), and threatened Central 

Valley steelhead (O. mykiss). 

Applications Received 

William Mitchell of Jones and Stokes 

requests a 4 year-permit (1558) for take 

of juvenile Central Valley spring-run 

Chinook salmon and Central Valley 

steelhead in the Yuba River, California. 

The purpose of this study is to evaluate 

the effectiveness of specific flow 

reduction and fluctuation criteria that 

have been established for the lower 

Yuba River, by examining the levels of 

juvenile stranding and isolation, and 

redd dewatering that may occur as a 

result of flow fluctuations allowable 

under these new criteria. Take is 

expected to occur as a result of 

deliberate flow reductions that will be 

implemented for the specific purpose of 

studying the impacts of these reductions 

on juvenile salmonids. No field 

evaluations of redd dewatering are 

proposed. Instead, the potential for redd 

dewatering will be evaluated using a 

habitat modeling approach. 

Quantitative estimates of total take are 

not possible given the size of the area 

to be affected (the entire lower Yuba 

River from Englebright Dam to the 

mouth), substantial annual variability in 

fish distribution and abundance, and 

unpredictable impacts to listed 

salmonids associated with the proposed 

flow reductions (the purpose of the 

study). Instead, annual take estimates 

are expressed in terms of the total area 

of river where stranding and other forms 

of take may occur during each phase of 

the study. Based on preliminary 

estimates, a maximum of 20 acres of off 

channel habitat and 151 acres of low 

gradient (<2 percent slope) bar habitat 

could be isolated orexposed during the 

maximum range of flow reductions that 

would be implemented as part of the 

study. 

Dated: January 24, 2006. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. E6–1112 Filed 1–27–06; 8:45 am] 

BILLING CODE 3510–22–S 

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: National Marine Sanctuary 

Program (NMSP), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: On May 20, 2002 NOAA 

published a notice in the Federal 

Register announcing the applicability of 

the special use permit requirements 

(Section 310) of the National Marine 

Sanctuaries Act to certain categories of 

activities conducted within the National 

Marine Sanctuary System. The notice 

requested public comment on the 

subject of special use permits. This 

notice makes minor changes to the 

previously published list and responds 

generally to the comments received. 

Through this notice, NOAA is also 

expanding the list of activities subject to 

the requirements of special use permits 

by adding private overflights to the 

overflights category. 

DATES: This notice is effective as of 

January 30, 2006. Comments on the 

addition of private overflights to the list 

must be received by March 31, 2006. 

ADDRESSES: Submit all written 

comments to David Bizot, National 

Permit Coordinator, National Marine 

Sanctuary Program, 1305 East West 

Highway (N/ORM6), 11th floor, Silver 

Spring, MD 20910. 

FOR FURTHER INFORMATION CONTACT: John 

Armor at (301) 713–3125. 

SUPPLEMENTARY INFORMATION: 

Background 

Congress first granted NOAA the 

authority to issue special use permits for 

the conduct of specific activities in 

National Marine Sanctuaries (NMSs or 

sanctuaries) in the 1988 Amendments to 

the National Marine Sanctuaries Act (16 

U.S.C. 1431 et seq.; NMSA) (Pub. L. 

100–627). The NMSA allows NOAA to 

issue special use permits to establish 

conditions of access to and use of any 

sanctuary resource or to promote public 

use and understanding of a sanctuary 

resource. Since 1988, special use 

permits have been issued to persons 

conducting usually commercial (and 

usually revenue-generating), otherwise 

prohibited, activities in NMSs. Such 

activities have included a diving 


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concessionaire conducting trips to the 

USS Monitor, the filming of television 

advertisements, and the use of 

Sanctuaries for public events. Section 

310 of the NMSA (16 U.S.C. 1441) 

allows NOAA to issue special use 

permits to authorize the conduct of 

specific activities with four conditions. 

The NMSA requires that special use 

permits: 

1. Shall authorize the conduct of an 

activity only if that activity is 

compatible with the purposes for which 

the sanctuary is designated and with 

protection of sanctuary resources; 

2. Shall not authorize the conduct of 

any activity for a period of more than 5 

years unless renewed by NOAA; 

3. Shall require that activities carried 

out under the permit be conducted in a 

manner that does not destroy, cause the 

loss of, or injure sanctuary resources; 

and 

4. Shall require the permittee to 

purchase and maintain comprehensive 

general liability insurance, or post an 

equivalent bond, against claims arising 

out of activities conducted under the 

permit and to agree to hold the United 

States harmless against such claims. 

Condition 3 above tends to be the 

most limiting in that NOAA may only 

issue a special use permit if the activity 

does not destroy, cause the loss of, or 

injure a sanctuary resource. Since an 

activity that is prohibited by National 

Marine Sanctuary Program (NMSP) 

regulations (15 CFR Part 922) has some 

adverse impact, it is generally thought 

that it should not qualify for a special 

use permit. While this is generally true, 

there are some prohibited activities that, 

when conducted pursuant to specific 

terms and conditions, are not likely to 

destroy, cause the loss of, or injure a 

sanctuary resource. Several of these 

activities are of a nature that do not 

qualify for other NMS permit types (for 

example, because they are not related to 

research or education), but do meet the 

statutory conditions for special use 

permits. Therefore, special use permits 

may be issued for certain activities that 

are both prohibited by NMSP 

regulations and do not destroy, cause 

the loss of, or injure a sanctuary 

resource when conducted in a certain 

way. 

Section 310 of the NMSA allows 

NOAA to assess and collect fees for 

special use permits. A special use 

permit fee must include each of three 

components. They are: 

1. The costs incurred, or expected to 

be incurred, by NOAA in issuing the 

permit; 

2. The costs incurred, or expected to 

be incurred, by NOAA 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 

3. An amount which represents the 

fair market value of the use of the 

sanctuary resource. 

Number 1 above essentially covers the 

administrative costs that NOAA incurs 

when it processes permit applications 

(including labor, printing costs, and 

contracts for the preparation of 

supporting documentation). Number 2 

includes amounts to fund monitoring 

projects designed to assess the success 

or failure of the permittee to comply 

with the terms and conditions of the 

permit, including confirming the lack of 

resource damage. It may also include 

money to recoup any costs incurred by 

NOAA in enforcing permit terms and 

conditions. Number 3 is calculated 

using economic valuation methods 

appropriate to the situation. In the 

National Marine Sanctuaries 

Amendments Act of 2000 (Pub. L. 106–

513), Congress added a new requirement 

that prior to requiring a special use 

permit for any category of activity, 

NOAA shall give appropriate public 

notice. Subsection (b) of section 310 of 

the NMSA, as amended by Public Law 

106–513, provides: ‘‘[NOAA] shall 

provide appropriate public notice before 

identifying any category of activity 

subject to a special use permit under 

subsection (a).’’ In addition, Public Law 

106–513 gives the NMSP the authority 

to accept in-kind contributions in lieu of 

these fees, or waive or reduce any fees 

for any activity that does not derive a 

profit from the access to or use of 

sanctuary resources. To comply with 

this new requirement, on May 20, 2002, 

NOAA published in the Federal 

Register (67 FR 35501), a list of 

categories of activities that are subject to 

the special use permitting requirements 

of the NMFS. The May 20, 2002 notice 

listed those categories of activities that 

have been subject to the requirements of 

Section 310 in the past and will 

continue to be in the future (subject to 

possible future amendments). This 

notice makes minor changes to the list 

published on May 20, 2002 and 

responds to the public comments 

received. Through this notice, NOAA is 

also expanding one of the categories 

listed in the May 20, 2002 notice and 

will accept comments on the addition of 

this new category. 

Final List of Categories of Activities 

Subject to the Special Use Permitting 

Requirements 

The list of categories of activities 

subject to the requirements of special 

use permits and the descriptions of 

those activities published in the Federal 

Register on May 20, 2002 (67 FR 35501) 

has been modified to: Expand the 

overflight category to include private 

overflights; respond as appropriate to 

public comments; and to clarify the 

activity descriptions. The revised list of 

categories of activities and their 

descriptions are below. 

The following categories of activities 

are subject to the requirements of 

special use permits under section 310 of 

the NMSA: 

1. The disposal of cremated human 

remains by a commercial operator in 

any national marine sanctuary; 

2. The operation of aircraft below the 

minimum altitude in restricted zones of 

national marine sanctuaries; 

3. The placement and subsequent 

recovery of objects associated with 

public events on non-living substrate of 

the seabed; 

4. The deposit or placement and 

immediate recovery of objects related to 

special effects of motion pictures; and 

5. The continued presence of 

commercial submarine cables beneath 

or on the seabed. 

Each category of activities listed 

above is further described below. 

Disposal of Cremated Human Remains 

by a Commercial Entity 

The NMSP has received permit 

applications to spread cremated human 

remains (i.e., ashes) over and within the 

Monterey Bay National Marine 

Sanctuary (MBNMS). Since most NMS 

regulations prohibit the discharge of 

material or other matter into a 

sanctuary, this activity requires a 

permit. After an extensive review of the 

common practices involved with the 

disposal of cremated human remains, 

the MBNMS Superintendent determined 

that no detectable negative impacts to 

NMS resources and qualities were 

expected to result from the practice 

when certain conditions are adhered to 

by those engaged in the activity. 

Conditions placed on this activity that 

eliminate negative impacts to sanctuary 

resources include: Restricting the 

minimum altitude of any aircraft used to 

facilitate the spreading of the ashes; 

prohibiting the use of any plastics or 

any other toxic material associated with 

the remains; and requiring that the 

remains be sufficiently incinerated. 

Commercial entities proposing the 

dispersion of cremated human remains 

must apply for and receive a special use 

permit prior to initiating this activity 

within the boundaries of any sanctuary, 

as described above. 

Overflights in Restricted Zones 

To protect sanctuary resources, the 

operation of aircraft below certain 


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altitudes within zones of MBNMS, 

Olympic Coast National Marine 

Sanctuary (OCNMS), Channel Islands 

National Marine Sanctuary, and Gulf of 

the Farallones National Marine 

Sanctuary is restricted by NMSP 

regulations (15 CFR Part 922). 

The NMSP has received applications 

for permits to fly below the minimum 

altitude for commercial and private 

purposes within the restricted zones of 

MBNMS. Examples of commercial 

activities that have been subject to 

special use permits in the past include 

the filming of television advertisements 

and documentaries. The NMSP has also 

received an application for a permit to 

fly below the minimum altitude within 

the restricted zones of MBNMS for 

private purposes. This request was 

made by an individual who needed to 

fly below the threshold to access his/her 

private landing strip. 

When conditioned so that impacts to 

sanctuary resources are eliminated, 

these activities may qualify for special 

use permits. Conditions on the permits 

generally include, but are not limited to, 

limitations on the number of passes an 

aircraft can take in a particular location, 

requirements for monitors to be present 

during operations, and seasonal 

restrictions so as to avoid certain areas 

during particularly sensitive times of 

the year (e.g., marine mammal pupping 

season). The NMSP will not issue a 

special use permit if disturbance of 

sensitive marine resources (e.g., birds, 

marine mammals) may result. 

Overflights for scientific research or 

educational purposes are eligible for 

research or education permit categories 

issued under the NMSP’s regulatory 

authority. 

Anyone wishing to operate an aircraft 

for commercial or private purposes 

below the designated altitude in any of 

the restricted overflight zones must 

apply for and receive a special use 

permit prior to conducting that activity. 

The Placement and Subsequent 

Recovery of Objects Associated With 

Public Events on Non-Living Substrate 

The NMSP has, in the past, issued 

special use permits to non-profit 

institutions and public entities to place 

temporary objects (e.g., marker buoys) 

on non-living portions of the seabed 

when that activity is associated with 

public events. Public triathlons and the 

California Chocolate Abalone dive are 

two such events that have been subject 

to special use permit requirements. 

Since the placement of objects on the 

seabed within most NMSs is prohibited 

by NMSP regulations, this activity 

usually requires a permit. 

Conditions of special use permits for 

these types of public events require that 

each object be placed on the seafloor in 

such a way as to not destroy, cause the 

loss of, or injure sanctuary resources or 

qualities. The objects are required to be 

removed in a similar non-intrusive 

fashion after each event. In addition, the 

markers and other objects themselves 

are to be composed of substances that 

do not leach deleterious materials or 

other matter into the sanctuary. 

Special use permits are required for 

public events that involve the 

placement of objects on the seafloor in 

any sanctuary. Anyone wishing to hold 

a public event that involves the 

placement of an object on the seafloor 

of a sanctuary must apply for and 

receive a special use permit prior to 

holding the event. Scientific research or 

educational activities that involve the 

placement and subsequent recovery of 

objects on the seafloor are eligible for 

research or education permit categories 

issued under the NMSP’s requlatory 

authority. 

The Deposit or Placement and 

Immediate Recovery of Objects Related 

to Special Effects of Motion Pictures 

The NMSP has received inquiries 

from motion picture companies seeking 

to deposit or place objects for special 

effects into a sanctuary and immediately 

recover them. No special use permit has 

been applied for or issued for this type 

of activity to date. Sanctuary regulations 

generally prohibit the deposit or 

placement of objects on the seabed as 

well as the discharge of material or 

other matter into the sanctuary. If the 

NMSP determines to allow this type of 

activity, the permit would be 

conditioned to ensure the objects being 

deposited or placed would not injure, 

cause the loss of, or destroy any 

sanctuary resource (e.g., are of a nature 

that would not cause harmful 

substances to leach into the sanctuary, 

that the objects would be recovered 

from the sanctuary immediately, adn 

that the area of the seafloor where the 

object would be deposited is not 

sensitive to the proposed disturbance). 

In addition, the NMSP would require 

that, if permitted, this type of activitity 

is done at locations and during times of 

the year that are least likely to have 

sensitive sanctuary resources in the 

vicinity of the activity. 

Any individual or entity proposing to 

deposit or place into a sanctuary any 

object related to special effects by the 

motion picture or other industry must 

apply for and receive a special use 

permit prior to conducting this activity. 

The Continued Presence of Commercial 

Submarine Cables on or Beneath the 

Seafloor 

The NMSP has issued two special use 

permits to allow the ongoing or 

continued presence of 

telecommunications fiber optic cables 

within the OCNMS (two cables 

permitted in November of 1999) and 

Stellwagen Bank National Marine 

Sanctuary (one cable permitted in June 

of 2000). While the actual installation 

(e.g., burial), removal, and any 

necessary repair activities were 

authorized under the NMSP’s regulatory 

authority, the continued presence of the 

cable was allowed through the special 

use permit issued pursuant to section 

310 of the NMSA. This category of 

activity will continue to be subject to 

the requirements of section 310 of the 

NMSA. 

The NMSP does not consider 

intrusive activities related to 

commercial submarine cables such as 

installation (e.g., burial), removal, and 

maintenance/repair work to qualify for 

a special use permit. When such 

activities are subject to NMSP regulatory 

prohibitions, they will be reviewed and, 

if appropriate, approved through the 

NMSP’s regulatory authority (and not 

through the special use permit 

authority). Commercial submarine 

cables that were installed in a sanctuary 

prior to the sanctuary’s designation or 

prior to the date of this notice are not 

required to get a special use permit to 

remain in place if they have not already 

been required to do so. Intrusive 

activities subject to NMSP regulatory 

prohibitions (trenching, removal, etc.) 

related to existing commercial 

submarine cables would require 

approval under the NMSP’s regulatory 

authority before proceeding. 

Responses to Comments 

The NMSP received comments from 

four entities during the comment period 

(May 20, 2002 through July 19, 2002). 

The Department of the Navy (Office of 

General Counsel), the MBNMS 

Sanctuary Advisory Council, the Ocean 

Conservancy, and the North American 

Submarine Cable Association submitted 

comments. Comments are summarized 

below with responses. 

Comment 1. Special use permits are 

not required or are not appropriate for 

the maintenance of submarine cables 

(MBNMS/SAC; Navy; NASCA; OC). 

Response: In writing the original 

notice, NOAA used the phrase 

‘‘maintenance of commercial submarine 

cables’’ to mean the simple act of the 

cable lying on or beneath the seafloor. 

NOAA did not intent for this to include 


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intrusive maintenance activities, such as 

cable removal or repair work. These 

activities are not considered appropriate 

for special use permits. The description 

of this activity (as well as the title) has 

been changed in this notice to reflect 

this. Specifically, the term 

‘‘maintenance’’ has been replaced by 

‘‘continued presence’’ to more 

accurately reflect NOAA’s intent. 

As stated in NOAA’s May 20, 2002 

Federal Register notice, NOAA is 

currently considering the continued 

appropriateness of issuing special use 

permits to allow the continued presence 

of commercial submarine cables on or 

beneath the seafloor of a NMS. 

Depending on the outcome of this 

separate process, NOAA may amend 

this notice, as appropriate. Until further 

notice, however, the continued presence 

of commercial submarine cables 

remains subject to the requirements of 

Section 310 of the NMSA. 

Comment 2. NOAA has failed to 

justify its distinction between 

commercial and non-commercial 

submarine cables. (NASCA). 

Response: NOAA disagrees and is 

justified in making a distinction in how 

it processes applications to conduct 

activities related to cable systems for 

different purposes (i.e., commercial 

versus non-commercial cable systems). 

Activities related to commercial 

submarine cable system do not fit 

within the scope of the permit types 

under the NMSP regulations. NMSP 

regulations provide for the issuance of 

permits for a variety of non-commercial 

purposes (e.g., research and education) 

that further a sanctuary’s goals and 

objectives. Rather, commercial cables 

appear to clearly fall within the 

Congressional intent for the use of 

special use permits. 

Comment 3. In adopting rules, 

regulations, and policies for submarine 

cables beyond the 12-mile territorial sea, 

NOAA must ensure that it does not 

infringe upon high-seas freedoms 

regarding submarine cables as 

guaranteed by international law. (Navy; 

NASCA). 

Response: NOAA recognizes that 

under international law other nations 

are entitled to lay and maintain 

submarine cables on the United States’

continental shelf beyond the 12-mile 

territorial sea. As a coastal nation, under 

international law the Untied States has 

sovereign rights with respect to its 

natural resources and may take 

reasonable measures to protect those 

resources from harmful activities, 

consistent with the rights of other 

nations under applicable international 

law. It is NOAA’s intent to apply the 

NMSA and implementing regulations in 

a manner that both protects the 

resources of its sanctuaries and respects 

the rights of other nations under 

international law, as is required by the 

NMSA. 

Comment 4. Activities conducted by 

the Department of Defense to maintain 

its submarine cable systems are not 

subject to the requirements of special 

use permits. (Navy). 

Response: First, please see the 

response to comment number one 

regarding the term ‘‘maintenance’’ in the 

original notice. Second, as discussed in 

the response to comment number two, 

non-commercial submarine cable 

activities that are prohibited under the 

NMSP regulations are more 

appropriately addressed under NMSP 

regulatory authority for approval (e.g., 

research permits). Finally, many 

ongoing military activities conducted by 

the Department of Defense since prior to 

the designation of a NMS are expressly 

exempted from by NMSP regulations 

and would therefore not require any 

form of approval from the NMSP. 

Comment 5. 16 U.S.C. 1434(d) 

outlines a process for federal agencies to 

consult with sanctuary personnel 

regarding actions of federal agencies 

which are ‘‘likely to destroy, cause the 

loss of, or injure any sanctuary 

resources.’’ To the extent maintenance 

of DoD submarine cables is ‘‘likely to 

destroy, cause the loss of, or injure any 

sanctuary resource,’’ which the 

Department of Defense believes it will 

not, the consultation process would 

govern the maintenance process and not 

the proposed special permit process. 

(Navy) 

Response: Section 304(d) consultation 

(16 U.S.C. 1434(d)) applies to Federal 

agency actions internal or external to a 

sanctuary, including private activities 

authorized by licenses, leases, or 

permits, that are likely to destroy, cause 

the loss of, or injure any sanctuary 

resource. Section 304(d) does not 

supplant the NMSP regulations. Rather, 

it is an additional tool for protecting 

sanctuary resources. Therefore, Federal 

agency actions are subject to both the 

requirements of section 304(d) of the 

NMSA and the NMSP regulations. 

In cases where a Federal agency 

action is both a prohibited activity 

under NMSP regulations and requires 

consultation pursuant to section 304(d) 

of the NMSA, the Federal agency should 

apply for the appropriate NMS permit or 

other authorization. If the permit or 

other authorization is issued, the 

Federal agency would also be notified 

that its obligations to consult under 

section 304(d) of the NMSA have been 

satisfied. Most military activities, 

however, are expressly exempted from 

the NMSP regulations and do not 

require a permit from the NMSP. 

Comment 6. The NMSP should 

publish a separate Federal Register 

notice soliciting comment for each 

special use permit it considers so that 

the public will have opportunity to 

provide input on each permit 

application. (OC). 

Response: NOAA does not think that 

issuance of a separate Federal Register 

notice for most special use permit 

applications is necessary or appropriate 

because most will be for small, shortterm activities. In some cases, however, 

NOAA may choose to solicit public 

comments on a pending special use 

permit application. The NMSP will 

decide on a case-by-case basis whether 

issuance of a case-specific Federal 

Register notice is appropriate. 

Comment 7. Submarine cables offer 

important public interest benefits which 

NOAA’s permitting processes and 

rulemaking have yet to acknowledge. 

(NASCA). 

Response: The public interest benefits 

ofa specific submarine cable project is 

not a factor that would determine the 

applicability of the special use permit 

requirements to that entire category of 

activities. Further, the NMSA does not 

exclude activities with ‘‘important 

public interest benefits’’ from being 

subject to the requirements of special 

use permits. 

Comment 8. NOAA should explain its 

suggestion that commercial submarine 

cables should be barred from NMSs. 

(NASCA). 

Response: Nothing in this notice 

suggests that submarine cables should 

be barred from NMSs. This notice 

merely states that NOAA has required 

special use permits for the continued 

presence of commercial submarine 

cables in the past and will continue to 

do so until further notice (see response 

to comment number one). 

Comment 9. Submarine cables are 

environmentally benign. (NASCA). 

Response: Addressing this issue 

generally is beyond the scope of this 

notice. As for special use permits, the 

NMSA specifically requires that special 

use permits be issued only for activities 

that do not destroy, cause the loss of, or 

injure sanctuary resources. 

Comment 10. Any fear of a long-term 

upward trend in submarine cable 

deployment is unfounded. (NASCA). 

Response: The list of categories of 

activities in this notice are not 

necessarily those activities NOAA 

thinks will be increasing in frequency in 

the future. Rather, the list represents all 

categories of activities for which NOAA 

has issued special use permits in the 

last few years or for which NOAA 


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expects to receive an application in the 

near future. 

Comment 11. NOAA’s National 

Environmental Policy Act (NEPA) 

compliance section in the notice (1) is 

flawed because its criteria for 

determining the significance of the 

environmental impacts of an action give 

inappropriate weight to public 

opposition and (2) evidences 

insufficient interagency coordination. 

(NASCA). 

Response: The NEPA analysis 

provided in the previous notice (67 FR 

35501) was for the action of publishing 

the notice and for that action alone. The 

NEPA analysis was not intended to meet 

NOAA’s NEPA responsibilities for the 

issuance of future special use permits. 

The notice did, however, provide 

additional information about how 

NOAA might meet its NEPA obligations 

for future special use permit decisions 

by stating that: ‘‘* * * the special use 

permit 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 (e.g., publicly 

controversial activities).’’ This was not 

meant to imply that public controversy 

alone would dictate the level of NEPA 

documentation NOAA would prepare 

for individual actions. Rather, NOAA 

will consider public controversy among 

the other factors provided in the 

Council on Environmental Quality’s 

implementing regulations (40 CFR Parts 

1500–1508) and NOAA Administrative 

Order 216–6 in deciding the appropriate 

level of NEPA documentation for each 

special use permit decision. In the 

interest of clarity, we have deleted the 

sentence in question. 

The notice also stated: ‘‘* * * NOAA 

may, in certain circumstances, combine 

its special use permit authority with 

other regulatory authorities to allow 

activities not described above that may 

result in environmental impacts to NMS 

resources and thus require the 

preparation of an environmental 

assessment or environmental impact 

statement.’’ The ‘‘other regulatory 

authorities’’ referred to NOAA’s 

regulatory authority under 15 CFR 

922.49, which allows the NMSP to 

allow in some sanctuaries the conduct 

of activities (that would otherwise be 

prohibited by NMSP regulations) that 

are specifically authorized by a local, 

state, or federal authority of competent 

jurisdiction. This reference was not 

meant to allude to NOAA’s 

responsibilities under NEPA to 

coordinate with other Federal agencies. 

NOAA has coordinated extensively with 

other government agencies regarding the 

issue of submarine cables in NMSs 

including the Federal Communications 

Commission, the Army Corps of 

Engineers, the United States Coast 

Guard, the State of Washington, the 

Makah Indian Nation, the 

Commonwealth of Massachusetts, and 

others. NOAA will continue to involve 

appropriate entities in meeting its 

obligations and responsibilities under 

NEPA. 

Request for Comments 

By this notice, NOAA is also 

requesting comments on the expansion 

of the overflight category to include 

private overflights in the list of 

categories of activities subject to the 

special use permit requirements. NOAA 

is especially interested in comments 

that pertain specifically to the impacts 

of private overflights on sanctuary 

resources and the eligibility of that 

category of activities for special use 

permits. 

Miscellaneous Requirements 

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 special use permits discussed in this 

notice involves a collection-ofinformation requirement subject to the 

requirements of the PRA. OMB has 

approved this collection-of-information 

requirement under OMB control number 

0648–0141. 

The collection-of-information 

requirement applies to persons seeking 

special use permits to conduct 

otherwise prohibited activities and is 

necessary to determine whether the 

proposed activities are consistent with 

the terms and conditions of special use 

permits prescribed by the NMSA. 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 also 

includes the significant time that may 

be required should the applicant choose 

to prepare a draft of any documentation 

that may be required under the NEPA, 

e.g., environmental impact statement or 

environmental assessment. If the 

applicant chooses not to prepare a draft 

of any NEPA documentation for the 

proposed activity, or if only minimal 

NEA documentation is needed, the 

public reporting burden would be much 

less (approximately one hour for each 

response). If additional NEPA 

documentation is required and not 

prepared in draft by the permit 

applicant, NOAA would be required to 

prepare this documentation using its 

own staff and resources prior to NOAA 

taking final action on the application. 

As staff time and funding resources are 

limited, the preparation of complicated 

NEPA documents can significantly add 

to the time NOAA takes to review the 

application and take final action. This 

may also significantly add to the costs 

incurred by the federal government in 

processing the special use permit 

applications and thus the cost to the 

applicant. Send comments on the 

burden estimate or on any other aspect 

of the collection of information, and 

ways of reducing the burden, to NOAA 

and OMB (see ADDRESSES). 

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 6.05c3(i) of 

NOAA Administrative Order 216–6. 

Specifically, this action is a notice of an 

administrative and legal nature. 

Furthermore, individual permit actions 

by the NMSP will be subject to 

additional case-by-case analysis, as 

required under NEPA, and will be 

completed when those actions are 

proposed to be taken by NMSP in the 

future. 

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 

special use permits cannot be issued for 

activities that are expected to result in 

any destruction of, injury to, or loss of 

any sanctuary resource. NOAA may, in 

certain circumstances, combine its 

special use permit 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 


cprice-sewell on PROD1PC66 with NOTICES
Federal Register / Vol. 71, No. 19 / Monday, January 30, 2006 / Notices 4903 

taking final action on a permit or 

making any irretrievable or irreversible 

commitment of agency resources. 

Dated: January 23, 2006. 

John H. Dunnigan, 

Assistant Administrator, Ocean Services and 

Coastal Zone Management, National Oceanic 

and Atmospheric Administration. 

[FR Doc. 06–808 Filed 1–27–06; 8:45 am] 

BILLING CODE 3510–NK–M 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The IC Clearance Official, 

Regulatory Information Management 

Services, Office of the Chief Information 

Officer invites comments on the 

submission for OMB review as required 

by the Paperwork Reduction Act of 

1995. 

DATES: Interested persons are invited to 

submit comments on or before March 1, 

2006. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Rachel Potter, Desk Officer, 

Department of Education, Office of 

Management and Budget, 725 17th 

Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503 or faxed to (202) 395–6974. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The IC Clearance 

Official, Regulatory Information 

Management Services, Office of the 

Chief Information Officer, publishes that 

notice containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 

reinstatement; (2) Title; (3) Summary of 

the collection; (4) Description of the 

need for, and proposed use of, the 

information; (5) Respondents and 

frequency of collection; and (6) 

Reporting and/or Recordkeeping 

burden. OMB invites public comment. 

Dated: January 24, 2006. 

Angela C. Arrington, 

IC Clearance Official, Regulatory Information 

Management Services, Office of the Chief 

Information Officer. 

Institute of Education Sciences 

Type of Review: New. 

Title: Evaluation of Math Curricula. 

Frequency: Semi-Annually. 

Affected Public: Not-for-profit 

institutions; Individuals or household. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 10,200. 

Burden Hours: 5,000. 

Abstract: The Evaluation of Math 

Curricula will assess the effectiveness of 

up to five early elementary math 

curricula. This submission includes 

recruitment of districts and schools 

only; forms will be developed and 

submitted in a second request. 

Requests for copies of the information 

collection submission for OMB review 

may be accessed from http:// 

edicsweb.ed.gov, by selecting the 

‘‘Browse Pending Collections’’ link and 

by clicking on link number 2932. When 

you access the information collection, 

click on ‘‘Download Attachments’’ to 

view. Written requests for information 

should be addressed to U.S. Department 

of Education, 400 Maryland Avenue, 

SW., Potomac Center, 9th Floor, 

Washington, DC 20202–4700. Requests 

may also be electronically mailed to IC 

DocketMgr@ed.gov or faxed to 202–245–

6623. Please specify the complete title 

of the information collection when 

making your request. 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to the email address IC DocketMgr@ed.gov. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–

8339. 

[FR Doc. E6–1125 Filed 1–27–06; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Environmental Management; 

Environmental Management Advisory 

Board Renewal 

Pursuant to Section 14(a)(2)(A) of the 

Federal Advisory Committee Act 

(FACA) (Pub. L. 92–463), and in 

accordance with Title 41 of the Code of 

Federal Regulations, section 102–

3.65(a), and following consultation with 

the Committee Management Secretariat, 

General Services Administration, notice 

is hereby given that the Environmental 

Management Advisory Board (Board) is 

being renewed for a two-year period 

beginning on January 17, 2006. The 

Board will provide advice and 

recommendations to the Assistant 

Secretary for Environmental 

Management (EM). 

The Board provides the Assistant 

Secretary for EM with information and 

strategic advice on a broad range of 

corporate issues affecting the EM 

program. It recommends options to 

resolve difficult issues faced in the EM 

program including, but not limited to: 

Project management and oversight 

activities; cost/benefit analyses; program 

performance; contracts and acquisition 

strategies; human capital management; 

and site end states activities. Consensus 

recommendations to the DOE from the 

Board on programmatic nationwide 

resolution of numerous difficult issues 

will help achieve the DOE’s objective of 

the safe and efficient cleanup of its 

contaminated sites. 

Additionally, the renewal of the 

Environmental Management Advisory 

Board has been determined to be 

essential to the conduct of the DOE’s 

business and to be in the public interest 

in connection with the performance of 

duties imposed on the DOE by law and 

agreement. The Board will operate in 

accordance with the provisions of the 

FACA, and rules and regulations issued 

in implementation of that Act. 

Further information regarding this 

Advisory Board may be obtained from 

Ms. Terri Lamb at (202) 586–9007. 

Issued in Washington, DC on January 24, 

2006. 

James N. Solit, 

Advisory Committee Management Officer. 

[FR Doc. E6–1117 Filed 1–27–06; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Funding Opportunity Announcement 

DE–PS26–06NT15430, Enhanced Oil 

and Natural Gas Production Through 

Carbon Dioxide Injection 

AGENCY: National Energy Technology 

Laboratory, Department of Energy 

(DOE). 

ACTION: Notice of release of funding 

opportunity announcement. 

SUMMARY: The DOE will support 

producers of oil and gas in carrying out 

projects to inject carbon dioxide for the 

purpose of enhancing recovery of oil or 

natural gas, while increasing the 

sequestration of carbon dioxide (CO2). 


cprice-sewell on PROD1PC66 with NOTICES