[Federal Register: August 17, 2001 (Volume 66, Number 160)]
[Proposed Rules]
[Page 43135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au01-33]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 010712175-1175-01]
RIN 0648-XA71
Fair Market Value Analysis for a Submarine Cable Permit in
National Marine Sanctuaries
AGENCY: National Marine Sanctuary Program (NMSP), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of Availability; reopening of opportunity for public
comment.
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SUMMARY: Notice is hereby given that NOAA is reopening its request for
comments on the draft report ``Fair Market Value Analysis for a
Submarine Cable Permit in National Marine Sanctuaries.'' However, in
re-opening the comment period, NOAA has removed the recommended fee
amount from the report and, rather, seeks comment on the methodology
presented in the report or suggestions of other appropriate
methodologies for determining the fair market value for the presence of
a submarine cable in a national marine sanctuary. NOAA is reopening the
public comment period for 45 days.
DATES: Comments must be received by October 1, 2001.
ADDRESSES: Address all comments regarding this notice to Helen Golde,
Chief, Conservation Policy and Planning Branch, Office of National
Marine Sanctuaries, 1305 East-West Highway, 11th Floor, Silver Spring,
MD 20910, Attention: Fair Market Value Analysis. Comments may also be
submitted by email to: submarine.cables@noaa.gov, subject line ``Fair
Market Value Analysis.'' The report is available for download at http:/
/www.sanctuaries.nos.noaa.gov or by requesting an electronic or hard
copy. Requests can be made by sending an email to
submarine.cables@noaa.gov (subject line ``Request for Fair Market Value
Analysis'') or by calling Matt Brookhart at the number below.
FOR FURTHER INFORMATION CONTACT: Matt Brookhart, (301) 713-3125 x140.
SUPPLEMENTARY INFORMATION: Section 310 of the National Marine
Sanctuaries Act, 16 U.S.C. 1441, authorizes the issuance of 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. Section 310 also authorizes the assessment of fees for
issuance of special use permits, including a fee that represents the
fair market value of the use of sanctuary resources. NOAA's National
Marine Sanctuary Program has issued two special use permits for the
presence of submarine fiber optic cables in two national marine
sanctuaries, one in the Olympic Coast Sanctuary National Marine
Sanctuary (NMS) and the second in the Stellwagen Bank NMS.
NOAA has committed that the process for determining the fair market
value of any special use permit issued for the presence of submarine
cables will allow for input from the permit holders as well as other
stakeholders and interested persons.
An interim final version of a report, ``Fair Market Value Analysis
for Submarine Cable Permit in National Marine Sanctuaries,'' was
completed in December 2000. The report presents an assessment of fair
market value for the presence of a submarine cable in a National Marine
Sanctuary. The content of this report is based on dozens of industry
and government sources and draws on the collaboration with and review
by numerous experts in the business, legal and technical arenas. NOAA
published a notice in the Federal Register on January 5, 2000
initiating a public comment period on the report, that ended on January
18, 2001. Copies of the report and two peer reviews were also posted on
the National Marine Sanctuary Program's website. A total of 21
responses were received. Of these responses, one generally supported
the report's methodology and conclusions, four argued it undervalued
fair market fees in Sanctuaries, three argued it overvalued fair market
fees in sanctuaries, and thirteen requested additional time to comment.
Following the closure of the initial comment period, NOAA informally
notified all commenters, the two existing permit holders, and all known
interested parties that the public comment period would be reopened at
some point in the future before a final determination on fair market
value would be made. This notice reopens that comment period.
Since the initial comment period, NOAA has updated the report by
making a number of editorial and clarifying changes, and including some
updated information. Further, NOAA has removed the recommended fee
amount and now seeks comments on the methodology described in the
report or suggestion of an appropriate alternative methodology.
Once the current comment period closes, NOAA will evaluate the
comments and make any necessary revisions to the methodology used in
determining fair market value. NOAA will then work with the existing
special use permit holders, utilizing such methodology, to assess the
fair market value fee for their permits. NOAA will publish a final
notice that summarizes all comments and presents a final fee
methodology to be applied to any future cable projects within national
marine sanctuaries that may be authorized pursuant to a special use
permit.
In a separate process, NOAA will continue developing its policy on
submarine cables within national marine sanctuaries, following up on
the August 23, 2000, Advance Notice of Proposed Rulemaking (ANPR) on
Installing and Maintaining Commercial Submarine Cables in National
Marine Sanctuaries (65 FR 51264). The ANPR included a draft set of
proposed principles for laying submarine cables in the marine and
coastal environment. Through this separate process, NOAA will consider
whether to issue regulations or a policy statement on submarine cables
within sanctuaries including whether the issuance of special use
permits is necessary or appropriate.
Dated: August 9, 2001.
Alan Neuschatz,
Chief Financial Officer/Chief Administrative Officer, Ocean Services
and Coastal Zone Management.
[FR Doc. 01-20833 Filed 8-16-01; 8:45 am]
BILLING CODE 3510-08-M