Establishment of Marine Reserves and a Marine Conservation Area Within the Channel Islands National Marine Sanctuary; Correction, 42316-42317 [07-3754]
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42316
Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations
A. Background
DoD published an interim rule at 72
FR 2637 on January 22, 2007, to
implement Section 833(b) of the
National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163).
Section 833(b) amended 10 U.S.C. 2533a
(the Berry Amendment) to expand the
foreign source restrictions applicable to
the acquisition of clothing to also
include clothing materials and
components, other than sensors,
electronics, or other items added to, and
not normally associated with, clothing
and the materials and components
thereof.
DoD received no comments on the
interim rule. Therefore, DoD has
adopted the interim rule as a final rule
without change.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
jlentini on PROD1PC65 with RULES
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
16:10 Aug 01, 2007
Jkt 211001
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR Parts 225 and 252,
which was published at 72 FR 2637 on
January 22, 2007, is adopted as a final
rule without change.
I
[FR Doc. E7–14898 Filed 8–1–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 0612242956–7411–02]
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
The objective of the rule is to provide
for the acquisition of clothing, and
clothing materials and components,
from domestic sources in accordance
with statutory requirements. The rule
applies to entities interested in
receiving DoD contracts or subcontracts
for the acquisition of clothing. Based on
data collected through the DoD contract
action reporting system, DoD awarded
6,072 contract actions relating to the
acquisition of clothing items during
fiscal year 2005. These actions had a
total dollar value of $1.868 billion and
involved 1,110 contractors. Of these
actions, 4,087 totaling $.81 billion
involved 906 contractors that were
small business concerns. This rule may
have a positive impact on small
businesses that manufacture clothing
materials and components, by reducing
foreign competition. However, the rule
could have a negative impact on small
businesses that have been using foreign
components in the manufacture of
clothing products.
VerDate Aug<31>2005
List of Subjects in 48 CFR Parts 225 and
252
RIN 0648–AT18
Establishment of Marine Reserves and
a Marine Conservation Area Within the
Channel Islands National Marine
Sanctuary; Correction
National Marine Sanctuary
Program (NMSP), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Final rule; correction.
AGENCY:
SUMMARY: NOAA published a final rule
on May 24, 2007 that established marine
reserves and a marine conservation area
in the Channel Islands Natioal Marine
Sanctuary. That document contained a
few clerical and printing errors. This
document corrects and clarifies those
three errors.
DATES: Pursuant to section 304(b) of the
National Marine Sanctuaries Act, the
final rule published on May 24, 2007
and the revised terms of designation
shall take effect and become final after
the close of a review period of 45 days
of continuous session of Congress, that
began on May 24, 2007. This correction
only makes three non-substantive
corrections and clarifications to that
rule and does not change the calculation
of the effective date. Announcement of
the effective date of the final rule will
be published in the Federal Register at
a later date.
FOR FURTHER INFORMATION CONTACT:
Sean Hastings, (805) 884–1472; e-mail:
Sean.Hastings@noaa.gov.
PO 00000
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NOAA
published a document in the Federal
Register on May 24, 2007 (72 FR 29208)
establishing marine reserves and a
marine conservation area in the Channel
Islands National Marine Sanctuary.
There was a printing error that requires
clarification and two clerical errors that
are being corrected by this document as
described below.
SUPPLEMENTARY INFORMATION:
Clarification of Changes to the
Designation Document
The printing error affected the way in
which the changes to the original
designation document were portrayed to
the reader. They did not, however, affect
the substance of the actual revision. The
following clarifies for the reader the
changes that were made to the
designation document by the May 24,
2007 Federal Register notice. In this
notice, certain conventions have been
used to highlight the revisions that were
made via the preamble to the May 24,
2007 rule. New language is shown
inside boldfaced arrows while language
that was deleted is set off with boldfaced brackets:
Beginning of Revised Designation
Document
Preamble
Under the authority of the Marine
Protection, Research and Sanctuaries
Act of 1972, Pub. L. 92–532, (the Act)
the waters surrounding the northern
Channel Islands and Santa Barbara
Island are hereby designated a Marine
Sanctuary for the purposes of preserving
and protecting this unique and fragile
ecological community.
Article 1. Effect of Designation
Within the area designated as the
Channel Islands National Marine
Sanctuary (the Sanctuary), described in
Article 2, the Act authorizes the
promulgation of such regulations as are
reasonable and necessary to protect the
values of the Sanctuary. Article 4 of this
Designation lists those activities which
may require regulation, but the listing of
any activity does not by itself prohibit
or restrict it. Restrictions or prohibitions
may be accomplished only through
regulation, and additional activities may
be regulated only by amending Article
4.
Article 2. Description of the Area
The Sanctuary consists of an area of
the waters off the coast of California, of
approximately [1252.5] >1,128< square
nautical miles [(nm)] >(nmi)< adjacent
to the northern Channel Islands and
Santa Barbara Island seaward to a
distance of [6nm] >approximately 6
E:\FR\FM\02AUR1.SGM
02AUR1
Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations
nmi<. The precise boundaries are
defined by regulation.
Article 3. Characteristics of the Area
That Give it Particular Value
The Sanctuary is located in an area of
upwelling and in a transition zone
between the cold waters of the
California Current and the warmer
Southern California Countercurrent.
Consequently, the Sanctuary contains
an exceptionally rich and diverse biota,
including 30 species of marine
mammals and several endangered
species of marine mammals and sea
birds. The Sanctuary will provide
recreational experiences and scientific
research opportunities and generally
will have special value as an ecological,
recreational, and esthetic resource.
Article 4. Scope of Regulation
Section 1. Activities Subject to
Regulation
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In order to protect the distinctive
values of the Sanctuary, the following
activities may be regulated within the
Sanctuary to the extent necessary to
ensure the protection and preservation
of its marine features and the ecological,
recreational, and esthetic value of the
area:
a. Hydrocarbon operations
b. Discharging or depositing any
substance
c. Dredging or alteration of, or
construction on, the seabed
d. Navigation of vessels except fishing
vessels or vessels [travelling]
>traveling< within a Vessel Traffic
Separation Scheme or Port Access Route
designated by the Coast Guard outside
of 1 nmi from any island
e. Disturbing marine mammals or
birds by overflights below 1000 feet
f. Removing or otherwise deliberately
harming cultural or historical resources
>g. Within a marine reserve, marine
park, or marine conservation area,
harvesting, removing, taking, injuring,
destroying, possessing, collecting,
moving, or causing the loss of any
Sanctuary resource, including living or
dead organisms or historical resources,
or attempting any of these activities
h. Within a marine reserve, marine
park, or marine conservation area,
possessing fishing gear<
VerDate Aug<31>2005
16:10 Aug 01, 2007
Jkt 211001
Section 2. Consistency With
International Law
The regulations governing the
activities listed in Section 1 of this
article will apply to foreign flag vessels
and persons not citizens of the United
States only to the extent consistent with
recognized principles of international
law including treaties and international
agreements to which the United States
is signatory.
Section 3. Emergency Regulations
Where essential to prevent immediate,
serious and irreversible damage to the
ecosystem of the area, activities other
than those listed in Section 1 may be
regulated within the limits of the Act on
an emergency basis for an interim
period not to exceed 120 days, during
which an appropriate amendment of
this article would be proposed in
accordance with the procedures
specified in Article 6.
Article 5. Relation to Other Regulatory
Programs
Section 1. Fishing
The regulation of fishing is not
authorized under Article 4>, except
within portions of the Sanctuary
designated as marine reserves, marine
parks, or marine conservation areas
established pursuant to the goals and
objectives of the Sanctuary and within
the scope of the State of California’s
Final Environmental Document ‘‘Marine
Protected Areas in NOAA’s Channel
Islands National Marine Sanctuary’’
(California Department of Fish and
Game, October 2002), certified by the
California Fish and Game Commission<.
However, fishing vessels may be
regulated with respect to discharges in
accordance with Article 4, Section 1,
paragraph (b) and aircraft conducting
kelp bed surveys below 1000 feet can be
regulated in accordance with Article 4,
Section 1, paragraph (e). All regulatory
programs pertaining to fishing,
including particularly regulations
promulgated under the California Fish
and Game Code and Fishery
Management Plans promulgated under
the Fishery Conservation and
Management Act of 1976, 16 U.S.C.
1801 et seq., shall remain in effect. All
permits, licenses and other
authorizations issued pursuant thereto
PO 00000
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Fmt 4700
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42317
shall be valid within the Sanctuary
unless authorizing any activity
prohibited by any regulation
implementing Article 4. Fishing as used
in this article and in Article 4 includes
kelp harvesting.
Section 2. Defense Activities
The regulation of those activities
listed in Article 4 shall not prohibit any
activity conducted by the Department of
Defense that is essential for national
defense or because of emergency. Such
activities shall be consistent with the
regulations to the maximum extent
practicable.
Section 3. Other Programs
All applicable regulatory programs
shall remain in effect and all permits,
licenses and other authorizations issued
pursuant thereto shall be valid within
the Sanctuary unless authorizing any
activity prohibited by any regulation
implementing Article 4. The Sanctuary
regulations shall set forth any necessary
certification procedures.
Article 6. Alterations to This
Designation
This Designation can be altered only
in accordance with the same procedures
by which it has been made, including
public hearings, consultation with
interested federal and state agencies and
the Pacific Regional Fishery
Management Council, and approval by
the President of the United States.
End of Revised Designation Document
Corrections
In FR Doc. E7–10096 (published on
May 24, 2007) make the following
corrections:
I 1. Amend instruction number eight
(page 29233) to read: ‘‘Add Appendix B
and Appendix C to subpart G to read as
follows:’’
I 2. Amend the heading for Appendix C
to read: ‘‘Appendix C to Subpart G of
Part 922—Marine Conservation Area
Boundary’’
Dated: July 26, 2007.
Elizabeth R. Scheffler,
Chief Financial Officer, Chief Administrator
Officer, National Ocean Service.
[FR Doc. 07–3754 Filed 8–1–07; 8:45 am]
BILLING CODE 3510–NK–M
E:\FR\FM\02AUR1.SGM
02AUR1
]]>Agencies
[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Rules and Regulations]
[Pages 42316-42317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3754]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 0612242956-7411-02]
RIN 0648-AT18
Establishment of Marine Reserves and a Marine Conservation Area
Within the Channel Islands National Marine Sanctuary; Correction
AGENCY: National Marine Sanctuary Program (NMSP), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: NOAA published a final rule on May 24, 2007 that established
marine reserves and a marine conservation area in the Channel Islands
Natioal Marine Sanctuary. That document contained a few clerical and
printing errors. This document corrects and clarifies those three
errors.
DATES: Pursuant to section 304(b) of the National Marine Sanctuaries
Act, the final rule published on May 24, 2007 and the revised terms of
designation shall take effect and become final after the close of a
review period of 45 days of continuous session of Congress, that began
on May 24, 2007. This correction only makes three non-substantive
corrections and clarifications to that rule and does not change the
calculation of the effective date. Announcement of the effective date
of the final rule will be published in the Federal Register at a later
date.
FOR FURTHER INFORMATION CONTACT: Sean Hastings, (805) 884-1472; e-mail:
Sean.Hastings@noaa.gov.
SUPPLEMENTARY INFORMATION: NOAA published a document in the Federal
Register on May 24, 2007 (72 FR 29208) establishing marine reserves and
a marine conservation area in the Channel Islands National Marine
Sanctuary. There was a printing error that requires clarification and
two clerical errors that are being corrected by this document as
described below.
Clarification of Changes to the Designation Document
The printing error affected the way in which the changes to the
original designation document were portrayed to the reader. They did
not, however, affect the substance of the actual revision. The
following clarifies for the reader the changes that were made to the
designation document by the May 24, 2007 Federal Register notice. In
this notice, certain conventions have been used to highlight the
revisions that were made via the preamble to the May 24, 2007 rule. New
language is shown inside boldfaced arrows while language that was
deleted is set off with bold-faced brackets:
Beginning of Revised Designation Document
Preamble
Under the authority of the Marine Protection, Research and
Sanctuaries Act of 1972, Pub. L. 92-532, (the Act) the waters
surrounding the northern Channel Islands and Santa Barbara Island are
hereby designated a Marine Sanctuary for the purposes of preserving and
protecting this unique and fragile ecological community.
Article 1. Effect of Designation
Within the area designated as the Channel Islands National Marine
Sanctuary (the Sanctuary), described in Article 2, the Act authorizes
the promulgation of such regulations as are reasonable and necessary to
protect the values of the Sanctuary. Article 4 of this Designation
lists those activities which may require regulation, but the listing of
any activity does not by itself prohibit or restrict it. Restrictions
or prohibitions may be accomplished only through regulation, and
additional activities may be regulated only by amending Article 4.
Article 2. Description of the Area
The Sanctuary consists of an area of the waters off the coast of
California, of approximately [1252.5] >1,128< square nautical miles
[(nm)] >(nmi)< adjacent to the northern Channel Islands and Santa
Barbara Island seaward to a distance of [6nm] >approximately 6
[[Page 42317]]
nmi<. The precise boundaries are defined by regulation.
Article 3. Characteristics of the Area That Give it Particular Value
The Sanctuary is located in an area of upwelling and in a
transition zone between the cold waters of the California Current and
the warmer Southern California Countercurrent. Consequently, the
Sanctuary contains an exceptionally rich and diverse biota, including
30 species of marine mammals and several endangered species of marine
mammals and sea birds. The Sanctuary will provide recreational
experiences and scientific research opportunities and generally will
have special value as an ecological, recreational, and esthetic
resource.
Article 4. Scope of Regulation
Section 1. Activities Subject to Regulation
In order to protect the distinctive values of the Sanctuary, the
following activities may be regulated within the Sanctuary to the
extent necessary to ensure the protection and preservation of its
marine features and the ecological, recreational, and esthetic value of
the area:
a. Hydrocarbon operations
b. Discharging or depositing any substance
c. Dredging or alteration of, or construction on, the seabed
d. Navigation of vessels except fishing vessels or vessels
[travelling] >traveling< within a Vessel Traffic Separation Scheme or
Port Access Route designated by the Coast Guard outside of 1 nmi from
any island
e. Disturbing marine mammals or birds by overflights below 1000
feet
f. Removing or otherwise deliberately harming cultural or
historical resources
>g. Within a marine reserve, marine park, or marine conservation
area, harvesting, removing, taking, injuring, destroying, possessing,
collecting, moving, or causing the loss of any Sanctuary resource,
including living or dead organisms or historical resources, or
attempting any of these activities
h. Within a marine reserve, marine park, or marine conservation
area, possessing fishing gear<
Section 2. Consistency With International Law
The regulations governing the activities listed in Section 1 of
this article will apply to foreign flag vessels and persons not
citizens of the United States only to the extent consistent with
recognized principles of international law including treaties and
international agreements to which the United States is signatory.
Section 3. Emergency Regulations
Where essential to prevent immediate, serious and irreversible
damage to the ecosystem of the area, activities other than those listed
in Section 1 may be regulated within the limits of the Act on an
emergency basis for an interim period not to exceed 120 days, during
which an appropriate amendment of this article would be proposed in
accordance with the procedures specified in Article 6.
Article 5. Relation to Other Regulatory Programs
Section 1. Fishing
The regulation of fishing is not authorized under Article 4>,
except within portions of the Sanctuary designated as marine reserves,
marine parks, or marine conservation areas established pursuant to the
goals and objectives of the Sanctuary and within the scope of the State
of California's Final Environmental Document ``Marine Protected Areas
in NOAA's Channel Islands National Marine Sanctuary'' (California
Department of Fish and Game, October 2002), certified by the California
Fish and Game Commission<. However, fishing vessels may be regulated
with respect to discharges in accordance with Article 4, Section 1,
paragraph (b) and aircraft conducting kelp bed surveys below 1000 feet
can be regulated in accordance with Article 4, Section 1, paragraph
(e). All regulatory programs pertaining to fishing, including
particularly regulations promulgated under the California Fish and Game
Code and Fishery Management Plans promulgated under the Fishery
Conservation and Management Act of 1976, 16 U.S.C. 1801 et seq., shall
remain in effect. All permits, licenses and other authorizations issued
pursuant thereto shall be valid within the Sanctuary unless authorizing
any activity prohibited by any regulation implementing Article 4.
Fishing as used in this article and in Article 4 includes kelp
harvesting.
Section 2. Defense Activities
The regulation of those activities listed in Article 4 shall not
prohibit any activity conducted by the Department of Defense that is
essential for national defense or because of emergency. Such activities
shall be consistent with the regulations to the maximum extent
practicable.
Section 3. Other Programs
All applicable regulatory programs shall remain in effect and all
permits, licenses and other authorizations issued pursuant thereto
shall be valid within the Sanctuary unless authorizing any activity
prohibited by any regulation implementing Article 4. The Sanctuary
regulations shall set forth any necessary certification procedures.
Article 6. Alterations to This Designation
This Designation can be altered only in accordance with the same
procedures by which it has been made, including public hearings,
consultation with interested federal and state agencies and the Pacific
Regional Fishery Management Council, and approval by the President of
the United States.
End of Revised Designation Document
Corrections
In FR Doc. E7-10096 (published on May 24, 2007) make the following
corrections:
0
1. Amend instruction number eight (page 29233) to read: ``Add Appendix
B and Appendix C to subpart G to read as follows:''
0
2. Amend the heading for Appendix C to read: ``Appendix C to Subpart G
of Part 922--Marine Conservation Area Boundary''
Dated: July 26, 2007.
Elizabeth R. Scheffler,
Chief Financial Officer, Chief Administrator Officer, National Ocean
Service.
[FR Doc. 07-3754 Filed 8-1-07; 8:45 am]
BILLING CODE 3510-NK-M
