Changes to the Florida Keys National Marine Sanctuary Regulations; Technical Corrections and Minor Substantive Changes, 38092-38095 [E9-17825]
Download as PDF
<![CDATA[
38092
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Justification for Immediate Adoption
Federal Aviation Administration
Because this action moves an existing
section to an existing subpart, the FAA
finds that notice and public comment
under 5 U.S.C. 553(d) is unnecessary.
For the same reason, the FAA finds
good cause exists under 5 U.S.C. 553(d)
for making this rule effective upon
publication.
14 CFR Part 101
Technical Amendments Concerning
Amateur Rocket Activities
AGENCY: Federal Aviation
Administration (FAA), DOT.
List of Subjects in 14 CFR Part 101
Final rule; technical
amendment.
ACTION:
Aircraft, Aviation safety.
The Amendment
The FAA is making several
editorial changes to the amateur rocket
regulations. The intent of this action is
to ensure the regulations are clear and
accurate.
SUMMARY:
This amendment is effective July
31, 2009.
DATES:
In consideration of the foregoing, the
FAA amends 14 CFR part 101 as
follows:
■
PART 101—MOORED BALLOONS,
KITES, AMATEUR ROCKETS AND
UNMANNED FREE BALLOONS
FOR FURTHER INFORMATION CONTACT:
Charles P. Brinkman, Licensing and
Safety Division (AST–200), Commercial
Space Transportation, Federal Aviation
Administration, 800 Independence
Avenue, Washington, DC 20591,
telephone (202) 267–7715, e-mail
Phil.Brinkman@faa.gov.
■
SUPPLEMENTARY INFORMATION:
§ 101.1
Background
■
rmajette on DSK29S0YB1PROD with RULES
On Monday, July 6, 2009 (74 FR
31842), the FAA published a correction
document to the final rule
‘‘Requirements for Amateur Rocket
Activities’’. The final rule published
December 4, 2008 (73 FR 73768). During
the review process, we determined that
additional minor amendments are
needed in part 101 that could not be
addressed in a correction document.
The 2008 final rule added §§ 101.25
and 101.26 relating to Class 2 and Class
3 Rockets, respectively. However, to
avoid redundancy, the FAA is now
moving the requirements of § 101.26
into § 101.25, and revising the section
title to reflect the change. Combining
the two sections provides the reader
easy access to all information relating to
both Class 2 and Class 3 Rockets
operating limitations.
Additionally, the words ‘‘unmanned
rockets’’ are changed to ‘‘amateur
rockets’’ in the titles of part 101 and
subpart C and in §§ 101.1(a)(3), 101.5,
and 101.7 for accuracy and clarity.
Technical Amendment
This technical amendment merely
moves an existing section to clarify
regulations and revises the part, subpart,
and section headings for clarity. There
are no other changes to the existing
regulatory text.
VerDate Nov<24>2008
15:21 Jul 30, 2009
Jkt 217001
1. The authority citation for part 101
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113–
40114, 45302, 44502, 44514, 44701–44702,
44721, 46308.
2. Revise the heading of Part 101 to
read as set forth above.
■
(b) At any altitude where the
horizontal visibility is less than five
miles;
(c) Into any cloud;
(d) Between sunset and sunrise
without prior authorization from the
FAA;
(e) Within 8 kilometers (5 statute
miles) of any airport boundary without
prior authorization from the FAA;
(f) In controlled airspace without
prior authorization from the FAA;
(g) Unless you observe the greater of
the following separation distances from
any person or property that is not
associated with the operations:
(1) Not less than one-quarter the
maximum expected altitude;
(2) 457 meters (1,500 ft.);
(h) Unless a person at least eighteen
years old is present, is charged with
ensuring the safety of the operation, and
has final approval authority for
initiating high-power rocket flight; and
(i) Unless reasonable precautions are
provided to report and control a fire
caused by rocket activities.
§ 101.26
■
[Amended]
3. Amend § 101.1, paragraph (a)(3) by
removing the words ‘‘unmanned rocket’’
and adding the words ‘‘amateur rocket’’
in their place.
§ 101.5
[Removed]
8. Remove § 101.26.
Issued in Washington, DC, on July 26,
2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. E9–18278 Filed 7–30–09; 8:45 am]
BILLING CODE 4910–13–P
[Amended]
4. Amend § 101.5 by removing the
words ‘‘unmanned rocket’’ and adding
the words ‘‘amateur rocket’’ in their
place.
■
§ 101.7
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Amended]
5. Amend § 101.7, paragraphs (a) and
(b) by removing the words ‘‘unmanned
rocket’’ and adding the words ‘‘amateur
rocket’’ in their place in both places.
15 CFR Part 922
Subpart C—Amateur Rockets
Changes to the Florida Keys National
Marine Sanctuary Regulations;
Technical Corrections and Minor
Substantive Changes
■
6. Revise the heading of subpart C to
read as set forth above.
■ 7. Revise § 101.25 to read as follows:
■
§ 101.25 Operating limitations for Class 2High Power Rockets and Class 3-Advanced
High Power Rockets.
When operating Class 2-High Power
Rockets or Class 3-Advanced High
Power Rockets, you must comply with
the General Operating Limitations of
§ 101.23. In addition, you must not
operate Class 2-High Power Rockets or
Class 3-Advanced High Power Rockets—
(a) At any altitude where clouds or
obscuring phenomena of more than fivetenths coverage prevails;
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
[Docket No. 0810241396–91118–02]
RIN 0648–AX34
AGENCY: Office of National Marine
Sanctuaries (ONMS), National Oceanic
and Atmospheric Administration
(NOAA), Department of Commerce
(DOC).
ACTION: Final rule.
SUMMARY: NOAA publishes this final
rule for certain regulations for the
Florida Keys National Marine
Sanctuary. This final rule makes
technical corrections and modifications
to several areas in the regulations. As
part of these modifications, NOAA:
amends the definition of coral to
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations
rmajette on DSK29S0YB1PROD with RULES
specifically include the common sea
fan, Gorgonia ventalina and Venus sea
fan, Gorgonia flabellum, which are both
important sanctuary resources and are
currently managed under the category
‘‘live rock’’; specifies that ‘‘touching’’
coral is an injury and therefore, a
prohibited activity in the FKNMS;
amends the minimum distance between
vessels and ‘‘divers down’’ flags to be
100 yards instead of 100 feet; clarifies
that the prohibitions listed for
Sanctuary Preservation Areas and
Ecological Reserves also apply in
Research-only Areas; and corrects
several citations that were currently out
of date.
DATES: The effective date of these
regulations is August 31, 2009.
ADDRESSES: Sean Morton, Acting
Superintendent, Florida Keys National
Marine Sanctuary, 33 East Quay Road,
Key West, FL 33040. This Federal
Register document is also accessible via
the Internet at https://
sanctuaries.noaa.gov/management/
fr_notices.html.
FOR FURTHER INFORMATION CONTACT:
Sean Morton, Acting Superintendent,
Florida Keys National Marine
Sanctuary, 33 East Quay Road, Key
West, FL 33040.
SUPPLEMENTARY INFORMATION:
I. Background
In recognition of its important
ecological role as a rich and unique
marine environment with seagrass
meadows, mangrove islands, and
extensive living coral reefs, Congress
designated the Florida Keys National
Marine Sanctuary (FKNMS or
Sanctuary) in 1990 (Pub. L. 101–605).
Through this designation, Congress
directed NOAA and the State of Florida
to jointly develop a comprehensive
program to reduce the risk of damage to
these living marine resources, reduce
the pollution in the waters of the
Florida Keys, and to protect and restore
the water quality, coral reefs, and other
living marine resources of the Florida
Keys. As such, NOAA and the State of
Florida worked together to create the
management plan for the FKNMS. The
FKNMS regulations implementing the
designation were published on June 12,
1997 (62 FR 32154) and became
effective on July 1, 1997.
In the 18 years since designation,
several regulatory issues have arisen
that were not clearly addressed when
the FKNMS regulations were adopted.
In addition, there have been several
changes to the Florida state laws during
the same period and several technical
errors identified in the current FKNMS
regulations. With this final rule, NOAA
VerDate Nov<24>2008
15:21 Jul 30, 2009
Jkt 217001
updates the FKNMS regulations to make
technical corrections and minor
substantive clarifications; and codifies
existing regulatory interpretation to
address these issues and provide
consistency with state law.
II. Summary of the Revisions
A. Changes to § 922.162 and § 922.163,
Modification of Existing Regulations on
Corals and Prohibited Activities
1. Definition of Coral (§ 922.162(a))
The FKNMS regulations to protect
corals and live rock include a list of
activities that are prohibited, and
include a definition of ‘‘coral’’ and ‘‘live
rock’’ to which these protections extend.
NOAA now adds the common sea fan,
Gorgonia ventalina, and Venus sea fan,
Gorgonia flabellum, to the list of coral
species in the definition of coral. These
coral species were unintentionally
omitted from the definition. NOAA also
makes the list of corals non-exclusive in
case additional coral species are
identified in the future. NOAA also
amends the definition of coral to
correctly identify black corals as part of
the subclass Ceriantipatharia. The
subclass for black corals was incorrectly
listed in the regulations as Hexacorallia.
2. Touching Coral (§ 922.163(a)(2))
Touching coral or live rock injures the
resource and has been historically
interpreted as such by NOAA, charter
dive and snorkeling operations, and
enforcement personnel. When corals are
touched or handled, the organisms are
injured and could suffer mortality. This
final rule clarifies and codifies NOAA’s
interpretation of injury to coral and live
rock by adding ‘‘touching’’ coral to the
list of prohibited activities. Clarifying
that touching coral and live rock causes
injury aids in sanctuary education and
outreach efforts and helps public
compliance with the prohibition.
B. Other Proposed Modifications and
Technical Corrections to Section
§ 922.163
1. Permit Live Rock Aquaculture
(§ 922.163(a)(2)(i))
Section 922.163(a)(2)(i) cited 50 CFR
part 638 as the authority to permit
certain types of live rock aquaculture
under the Magnuson-Stevens Act
(MSA). However, that part of the CFR no
longer exists. The authority to permit
certain types of live rock aquaculture
under the MSA is located at 50 CFR part
622. Therefore, NOAA makes a
correction to the regulations to reflect
the updated citation.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
38093
2. Dive Areas (§ 922.163(a)(5)(iii)(C))
NOAA regulations regarding dive area
restrictions are inconsistent with State
of Florida regulations that specify the
safe distance between vessels and
‘‘divers down’’ flags (Section 327.331
Florida Statutes: Divers; definitions;
divers-down flag required). According
to the State of Florida regulations, the
safe distance between vessels and
‘‘divers down’’ flags is 100 yards. In
contrast, the FKNMS regulations
indicated that the safe distance between
vessels and ‘‘divers down’’ flags was
100 feet. In order to be consistent with
the regulations issued by the State of
Florida, NOAA changes the distance in
the regulations at § 922.163 (a)(5)(iii)(C)
from ‘‘100 feet’’ to ‘‘100 yards.’’ Greater
consistency allows for improved public
education and compliance. The change
to regulations improves safety and
reduces conflict between divers and
vessel operations.
3. Marine Life Rule (§ 922.163(a)(12))
NOAA makes a technical correction to
its regulations to amend references to
Florida’s Marine Life Rule (MLR).
NOAA is editing the language at
§ 922.163(a)(12) to reference section
68B–42 of the Florida Administrative
Code. NOAA is also removing Appendix
VIII to Subpart P of Part 922 to eliminate
the excerpts of the MLR from the
FKNMS regulations.
4. Updating CFR References (§ 922.163)
Sections 922.163(c) and 922.168
allowed NOAA to ‘‘grandfather’’ certain
activities taking place in the Sanctuary
when the regulations were issued in
1997. These sections are no longer
applicable because the affected entities
were allowed only 90 days from the
designation of the Sanctuary (July 1,
1997) to notify the Director and request
certification of any pre-existing and
otherwise prohibited activities being
conducted pursuant to a valid
authorization in the Sanctuary. These
provisions are no longer needed because
the certification period expired on
September 29, 1997. Because the
regulations expired over ten years ago,
NOAA deletes these sections from the
FKNMS regulations, and renumbers the
remaining sections accordingly. Because
§ 922.168 is referenced in other sections
of the FKNMS regulations, NOAA
makes conforming changes to those
affected sections. Finally, NOAA
amends the language to the newly
redesignated § 922.163(c) to reflect
§ 922.49, which is the appropriate
citation for authorization of current
activities
E:\FR\FM\31JYR1.SGM
31JYR1
38094
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations
rmajette on DSK29S0YB1PROD with RULES
C. Special-Use (Research-Only) Areas
(§ 922.164(e)(1))
Research-only Areas are a type of
Special-use Area defined in the FKNMS
regulations at § 922.164(e)(1)(iii). Except
for passage without interruption or for
law enforcement purposes, access to
research-only areas is restricted to
scientific research or educational use
specifically authorized by and
conducted in accordance with the
scope, purpose, terms and conditions of
a sanctuary permit. Entities granted
access to the research-only area by the
permit may conduct only those
activities described in the permit; all
other activities within the research-only
area are prohibited. However, the
prohibition against conducting activities
other than those allowed under the
permit in research-only areas was not
stated clearly in the FKNMS regulations.
Therefore, NOAA amends § 922.164(d)
to add a new paragraph (e)(5) to the
section to specify that the prohibited
activities listed for Sanctuary
Preservation Areas (SPAs) and
Ecological Reserves (ERs) as listed at
§ 922.164(d) also apply in Research-only
Areas. This change provides better
notice to the public and to permittees
who receive access to conduct activities
in Research-only Areas, and facilitates
voluntary compliance as well as
enforcement of sanctuary regulations.
III. Response to Comments
On December 19, 2008, NOAA
published a proposed rule that solicited
comments on the changes made by this
rule (73 FR 77557). NOAA received only
one comment during the 30-day public
comment period from December 2008–
January 2009. The comment expressed
overwhelming support for the proposed
regulatory changes anticipating benefits
of increased resource protection, user
safety and public awareness. The
commentor specifically supported
requiring a minimum distance of 100
yards between vessels and diver down
flags because of improved safety to
scuba divers. The commentor also
supported the prohibition on touching
coral due to it providing more
documentation for diver operators to
enforce this protection with their
customers. On March 5, 2009, NOAA
published an amendment to the
proposed rule to correct an inaccurate
reference to U.S. Coast Guard
regulations, which served as a
supporting basis for one of the proposed
modifications. Due to this error, NOAA
extended the comment period until
March 26, 2009 (74 FR 9574). No
additional comments were received
during the 21-day comment period.
VerDate Nov<24>2008
15:21 Jul 30, 2009
Jkt 217001
IV. Classification
A. National Environmental Policy Act
The technical corrections and minor
substantive changes do not have
significant environmental impacts and
are categorically excluded from the need
to prepare an environmental assessment
pursuant to the National Environmental
Policy Act (NAO 216–6 Section
6.03c.3(i)).
B. Executive Order 12866: Regulatory
Impact
This rule has been determined to be
not significant within the meaning of
Executive Order 12866.
C. Executive Order 13132: Federalism
Assessment
NOAA has concluded this regulatory
action does not have federalism
implications sufficient to warrant
preparation of a federalism assessment
under Executive Order 13132. The State
of Florida was consulted during the
promulgation of this rule.
D. Paperwork Reduction Act
This rule does not contain any new or
revisions to the existing information
collection requirement that was
approved by OMB (OMB Control
Number 0648–0141) under the
Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
Notwithstanding any other provision
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 PRA, unless
that collection of information displays a
currently valid OMB Control Number.
E. Regulatory Flexibility Act
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this rule does not have a significant
economic impact on a substantial
number of small entities. The factual
basis for the certification was published
in the proposed rule and is not repeated
here. No comments were received
regarding the economic impact of this
rule. As a result, a final regulatory
flexibility analysis is not required and
none was prepared.
Dated: July 21, 2009.
William Corso,
Deputy Assistant Administrator for Ocean
Services and Coastal Zone Management.
List of Subjects in 15 CFR Part 922
Administrative practice and
procedure, Coastal zone, Fish, Fisheries,
Historic preservation, Intergovernmental
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
relations, Marine resources, Monuments
and memorials, Natural resources,
Wildlife, Wildlife refuges, Wildlife
management areas, Sanctuary
preservation areas, Ecological reserves,
Areas to be avoided, State of Florida,
U.S. Coast Guard.
For the reasons above, amend title 15,
part 922 of the Code of Federal
Regulations as follows:
■
PART 922—NATIONAL MARINE
SANCTUARY PROGRAM
REGULATIONS
1. The authority citation for part 922
continues to read as follows:
■
Authority: 15 U.S.C. 1431 et seq.
2. Amend § 922.162(a) by revising the
definition for Coral to read as follows:
■
§ 922.162
Definitions.
(a) * * *
Coral means but is not limited to the
corals of the Class Hydrozoa (stinging
and hydrocorals); Class Anthozoa,
Subclass Hexacorallia, Order
Scleractinia (stony corals); Class
Anthozoa, Subclass Ceriantipatharia,
Order Antipatharia (black corals); and
Class Anthozoa, Subclass Ocotocorallia,
Order Gorgonacea, species Gorgonia
ventalina and Gorgonia flabellum (sea
fans).
*
*
*
*
*
■ 3. Amend § 922.163:
■ a. By revising paragraph (a)(2)(i);
■ b. By revising paragraph (a)(5)(iii)(C);
■ c. By revising paragraph (a)(12);
■ d. By removing paragraph (c) and
redesignating paragraphs (d) through (h)
as (c) through (g), respectively;
■ e. And by revising newly redesignated
paragraph (c).
The revisions read as follows:
§ 922.163 Prohibited activities—
Sanctuary-wide.
(a) * * *
(2) * * *
(i) Moving, removing, taking,
harvesting, damaging, disturbing,
touching, breaking, cutting, or otherwise
injuring, or possessing (regardless of
where taken from) any living or dead
coral, or coral formation, or attempting
any of these activities, except as
permitted under 50 CFR part 622.
*
*
*
*
*
(5) * * *
(iii) * * *
(C) Within 100 yards of the red and
white ‘‘divers down’’ flag (or the blue
and white ‘‘alpha’’ flag in Federal
waters);
*
*
*
*
*
(12) Harvest or possession of marine
life species. Harvesting, possessing, or
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 74, No. 146 / Friday, July 31, 2009 / Rules and Regulations
landing any marine life species, or part
thereof, within the Sanctuary, except in
accordance with rules 68B–42 of the
Florida Administrative Code, and such
rules shall apply mutatis mutandis
(with necessary editorial changes) to all
Federal and State waters within the
Sanctuary.
*
*
*
*
*
(c) Notwithstanding the prohibitions
in this section and in § 922.164, and any
access and use restrictions imposed
pursuant thereto, a person may conduct
an activity specifically authorized by
any valid Federal, State, or local lease,
permit, license, approval, or other
authorization issued after the effective
date of these regulations, provided that
the applicant complies with § 922.49,
the Director notifies the applicant and
authorizing agency that he or she does
not object to issuance of the
authorization, and the applicant
complies with any terms and conditions
the Director deems reasonably necessary
to protect Sanctuary resources and
qualities. Amendments, renewals and
extensions of authorizations in
existence on the effective date of these
regulations constitute authorizations
issued after the effective date of these
regulations.
*
*
*
*
*
■ 4. Amend § 922.164 in paragraph (d)
by revising the heading and paragraph
(d)(1) introductory text; and in
paragraph (e) by adding paragraph (e)(5)
to read as follows:
§ 922.164 Additional activity regulations
by Sanctuary area.
*
*
*
*
*
(d) Ecological Reserves, Sanctuary
Preservation Areas, and Special Use
(Research only) Areas. (1) The following
activities are prohibited within the
Ecological Reserves described in
Appendix IV to this subpart, within the
Sanctuary Preservation Areas described
in Appendix V to this subpart, and
within the Special Use (Research only
Areas) described in Appendix VI to this
subpart:
*
*
*
*
*
(e) * * *
(5) In addition to paragraph (e)(3) of
this section no person shall conduct
activities listed in paragraph (d) of this
section in ‘‘Research-only Areas.’’
■ 5. Remove and reserve § 922.168.
rmajette on DSK29S0YB1PROD with RULES
§ 922.168
[Removed and reserved]
6. Remove Appendix VIII to Subpart
P of Part 922—Marine Life Rule [As
Excerpted from Chapter 46–42 of the
Florida Administrative Code].
■
[FR Doc. E9–17825 Filed 7–30–09; 8:45 am]
BILLING CODE 3510–NK–P
VerDate Nov<24>2008
15:21 Jul 30, 2009
Jkt 217001
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 301
[TD 9455]
RIN 1545–BC55
Suspension of Running of Period of
Limitations During a Proceeding To
Enforce or Quash a Designated or
Related Summons
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
SUMMARY: This document contains final
regulations regarding the use of
designated summonses and related
summonses and the effect on the period
of limitations on assessment when a
case is brought with respect to a
designated or related summons. These
final regulations reflect changes to
section 6503 of the Internal Revenue
Code of 1986 made by the Omnibus
Budget Reconciliation Act of 1990 and
the Small Business Job Protection Act of
1996. These final regulations affect
corporate taxpayers that are examined
under the coordinated industry case
(CIC) program and are served with
designated or related summonses. These
final regulations also affect third parties
that are served with designated or
related summonses for information
pertaining to the corporate examination.
DATES: Effective Date: These regulations
are effective on July 31, 2009.
Applicability Date: For the date of
applicability, see § 301.6503(j)–1(e).
FOR FURTHER INFORMATION CONTACT:
Elizabeth Rawlins, (202) 622–3620 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
This document contains final
regulations amending the Procedure and
Administration regulations (26 CFR part
301) under section 6503. Section 11311
of the Omnibus Budget Reconciliation
Act of 1990 (Pub. L. 101–508, 104 Stat.
1388) amended section 6503(k) to
suspend the period of limitations on
assessment when a case is brought with
respect to a designated or related
summons. Section 6503(k) was
redesignated as section 6503(j) by
section 1702(h)(17)(A) of the Small
Business Job Protection Act of 1996
(Pub. L. 104–188, 110 Stat. 1874).
On April 28, 2008, the IRS published
in the Federal Register a notice of
proposed rulemaking (REG–208199–91;
73 FR 22879), interpreting section
6503(j) and withdrawing a prior notice
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
38095
of proposed rulemaking, hereinafter
referred to as the 2003 proposed
regulations, published in the Federal
Register on July 31, 2003 (68 FR 44905).
Written comments from one
commentator were received. No request
for a public hearing was received, nor
was one held. The proposed regulations
are adopted as final regulations with
one minor clarifying change.
As described more fully in the
preamble to the proposed regulations,
these regulations generally provide that
the period of limitations on assessment
provided for in section 6501 is
suspended with respect to any return of
tax by a corporation that is the subject
of a designated or related summons if a
court proceeding to enforce or quash is
instituted with respect to that summons.
These final regulations define a
designated summons, a related
summons, and the period of suspension.
The final regulations also provide
guidance regarding the component
concepts of judicial enforcement period,
court proceeding, the date when the
proceeding is no longer pending, final
resolution, compliance, and the date
when compliance occurs. These
regulations also provide special rules on
the number of designated and related
summonses that may be issued, the time
within which court proceedings must be
brought to suspend the period of
limitations on assessment, the
computation of the suspension period if
multiple court proceedings are
instituted, the effect on the suspension
provisions under section 7609(e), and
the application of section 7503 when
the last day of an assessment period
falls on a Saturday, Sunday, or legal
holiday.
Comments on the Proposed Regulations
§ 301.6503(j)–1(c)(5)(ii)—Date
Compliance Occurs
Proposed § 301.6503(j)–1(c)(5)(ii)
provides, in pertinent part, that
‘‘[c]ompliance with a court order that
grants enforcement, in whole or in part,
of a designated or related summons,
occurs on the date it is determined that
the testimony given, or the books,
papers, records, or other data produced,
or both, by the summoned party fully
satisfy the court order concerning the
summons. The determination of
whether there has been full compliance
will be made within a reasonable time,
given the volume and complexity of the
records produced, after the later of the
giving of all testimony or the production
of all records requested by the summons
or required by any order enforcing any
part of the summons.’’ The commentator
suggested that this provision be changed
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Rules and Regulations]
[Pages 38092-38095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17825]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 0810241396-91118-02]
RIN 0648-AX34
Changes to the Florida Keys National Marine Sanctuary
Regulations; Technical Corrections and Minor Substantive Changes
AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic
and Atmospheric Administration (NOAA), Department of Commerce (DOC).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NOAA publishes this final rule for certain regulations for the
Florida Keys National Marine Sanctuary. This final rule makes technical
corrections and modifications to several areas in the regulations. As
part of these modifications, NOAA: amends the definition of coral to
[[Page 38093]]
specifically include the common sea fan, Gorgonia ventalina and Venus
sea fan, Gorgonia flabellum, which are both important sanctuary
resources and are currently managed under the category ``live rock'';
specifies that ``touching'' coral is an injury and therefore, a
prohibited activity in the FKNMS; amends the minimum distance between
vessels and ``divers down'' flags to be 100 yards instead of 100 feet;
clarifies that the prohibitions listed for Sanctuary Preservation Areas
and Ecological Reserves also apply in Research-only Areas; and corrects
several citations that were currently out of date.
DATES: The effective date of these regulations is August 31, 2009.
ADDRESSES: Sean Morton, Acting Superintendent, Florida Keys National
Marine Sanctuary, 33 East Quay Road, Key West, FL 33040. This Federal
Register document is also accessible via the Internet at https://sanctuaries.noaa.gov/management/fr_notices.html.
FOR FURTHER INFORMATION CONTACT: Sean Morton, Acting Superintendent,
Florida Keys National Marine Sanctuary, 33 East Quay Road, Key West, FL
33040.
SUPPLEMENTARY INFORMATION:
I. Background
In recognition of its important ecological role as a rich and
unique marine environment with seagrass meadows, mangrove islands, and
extensive living coral reefs, Congress designated the Florida Keys
National Marine Sanctuary (FKNMS or Sanctuary) in 1990 (Pub. L. 101-
605). Through this designation, Congress directed NOAA and the State of
Florida to jointly develop a comprehensive program to reduce the risk
of damage to these living marine resources, reduce the pollution in the
waters of the Florida Keys, and to protect and restore the water
quality, coral reefs, and other living marine resources of the Florida
Keys. As such, NOAA and the State of Florida worked together to create
the management plan for the FKNMS. The FKNMS regulations implementing
the designation were published on June 12, 1997 (62 FR 32154) and
became effective on July 1, 1997.
In the 18 years since designation, several regulatory issues have
arisen that were not clearly addressed when the FKNMS regulations were
adopted. In addition, there have been several changes to the Florida
state laws during the same period and several technical errors
identified in the current FKNMS regulations. With this final rule, NOAA
updates the FKNMS regulations to make technical corrections and minor
substantive clarifications; and codifies existing regulatory
interpretation to address these issues and provide consistency with
state law.
II. Summary of the Revisions
A. Changes to Sec. 922.162 and Sec. 922.163, Modification of Existing
Regulations on Corals and Prohibited Activities
1. Definition of Coral (Sec. 922.162(a))
The FKNMS regulations to protect corals and live rock include a
list of activities that are prohibited, and include a definition of
``coral'' and ``live rock'' to which these protections extend. NOAA now
adds the common sea fan, Gorgonia ventalina, and Venus sea fan,
Gorgonia flabellum, to the list of coral species in the definition of
coral. These coral species were unintentionally omitted from the
definition. NOAA also makes the list of corals non-exclusive in case
additional coral species are identified in the future. NOAA also amends
the definition of coral to correctly identify black corals as part of
the subclass Ceriantipatharia. The subclass for black corals was
incorrectly listed in the regulations as Hexacorallia.
2. Touching Coral (Sec. 922.163(a)(2))
Touching coral or live rock injures the resource and has been
historically interpreted as such by NOAA, charter dive and snorkeling
operations, and enforcement personnel. When corals are touched or
handled, the organisms are injured and could suffer mortality. This
final rule clarifies and codifies NOAA's interpretation of injury to
coral and live rock by adding ``touching'' coral to the list of
prohibited activities. Clarifying that touching coral and live rock
causes injury aids in sanctuary education and outreach efforts and
helps public compliance with the prohibition.
B. Other Proposed Modifications and Technical Corrections to Section
Sec. 922.163
1. Permit Live Rock Aquaculture (Sec. 922.163(a)(2)(i))
Section 922.163(a)(2)(i) cited 50 CFR part 638 as the authority to
permit certain types of live rock aquaculture under the Magnuson-
Stevens Act (MSA). However, that part of the CFR no longer exists. The
authority to permit certain types of live rock aquaculture under the
MSA is located at 50 CFR part 622. Therefore, NOAA makes a correction
to the regulations to reflect the updated citation.
2. Dive Areas (Sec. 922.163(a)(5)(iii)(C))
NOAA regulations regarding dive area restrictions are inconsistent
with State of Florida regulations that specify the safe distance
between vessels and ``divers down'' flags (Section 327.331 Florida
Statutes: Divers; definitions; divers-down flag required). According to
the State of Florida regulations, the safe distance between vessels and
``divers down'' flags is 100 yards. In contrast, the FKNMS regulations
indicated that the safe distance between vessels and ``divers down''
flags was 100 feet. In order to be consistent with the regulations
issued by the State of Florida, NOAA changes the distance in the
regulations at Sec. 922.163 (a)(5)(iii)(C) from ``100 feet'' to ``100
yards.'' Greater consistency allows for improved public education and
compliance. The change to regulations improves safety and reduces
conflict between divers and vessel operations.
3. Marine Life Rule (Sec. 922.163(a)(12))
NOAA makes a technical correction to its regulations to amend
references to Florida's Marine Life Rule (MLR). NOAA is editing the
language at Sec. 922.163(a)(12) to reference section 68B-42 of the
Florida Administrative Code. NOAA is also removing Appendix VIII to
Subpart P of Part 922 to eliminate the excerpts of the MLR from the
FKNMS regulations.
4. Updating CFR References (Sec. 922.163)
Sections 922.163(c) and 922.168 allowed NOAA to ``grandfather''
certain activities taking place in the Sanctuary when the regulations
were issued in 1997. These sections are no longer applicable because
the affected entities were allowed only 90 days from the designation of
the Sanctuary (July 1, 1997) to notify the Director and request
certification of any pre-existing and otherwise prohibited activities
being conducted pursuant to a valid authorization in the Sanctuary.
These provisions are no longer needed because the certification period
expired on September 29, 1997. Because the regulations expired over ten
years ago, NOAA deletes these sections from the FKNMS regulations, and
renumbers the remaining sections accordingly. Because Sec. 922.168 is
referenced in other sections of the FKNMS regulations, NOAA makes
conforming changes to those affected sections. Finally, NOAA amends the
language to the newly redesignated Sec. 922.163(c) to reflect Sec.
922.49, which is the appropriate citation for authorization of current
activities
[[Page 38094]]
C. Special-Use (Research-Only) Areas (Sec. 922.164(e)(1))
Research-only Areas are a type of Special-use Area defined in the
FKNMS regulations at Sec. 922.164(e)(1)(iii). Except for passage
without interruption or for law enforcement purposes, access to
research-only areas is restricted to scientific research or educational
use specifically authorized by and conducted in accordance with the
scope, purpose, terms and conditions of a sanctuary permit. Entities
granted access to the research-only area by the permit may conduct only
those activities described in the permit; all other activities within
the research-only area are prohibited. However, the prohibition against
conducting activities other than those allowed under the permit in
research-only areas was not stated clearly in the FKNMS regulations.
Therefore, NOAA amends Sec. 922.164(d) to add a new paragraph (e)(5)
to the section to specify that the prohibited activities listed for
Sanctuary Preservation Areas (SPAs) and Ecological Reserves (ERs) as
listed at Sec. 922.164(d) also apply in Research-only Areas. This
change provides better notice to the public and to permittees who
receive access to conduct activities in Research-only Areas, and
facilitates voluntary compliance as well as enforcement of sanctuary
regulations.
III. Response to Comments
On December 19, 2008, NOAA published a proposed rule that solicited
comments on the changes made by this rule (73 FR 77557). NOAA received
only one comment during the 30-day public comment period from December
2008-January 2009. The comment expressed overwhelming support for the
proposed regulatory changes anticipating benefits of increased resource
protection, user safety and public awareness. The commentor
specifically supported requiring a minimum distance of 100 yards
between vessels and diver down flags because of improved safety to
scuba divers. The commentor also supported the prohibition on touching
coral due to it providing more documentation for diver operators to
enforce this protection with their customers. On March 5, 2009, NOAA
published an amendment to the proposed rule to correct an inaccurate
reference to U.S. Coast Guard regulations, which served as a supporting
basis for one of the proposed modifications. Due to this error, NOAA
extended the comment period until March 26, 2009 (74 FR 9574). No
additional comments were received during the 21-day comment period.
IV. Classification
A. National Environmental Policy Act
The technical corrections and minor substantive changes do not have
significant environmental impacts and are categorically excluded from
the need to prepare an environmental assessment pursuant to the
National Environmental Policy Act (NAO 216-6 Section 6.03c.3(i)).
B. Executive Order 12866: Regulatory Impact
This rule has been determined to be not significant within the
meaning of Executive Order 12866.
C. Executive Order 13132: Federalism Assessment
NOAA has concluded this regulatory action does not have federalism
implications sufficient to warrant preparation of a federalism
assessment under Executive Order 13132. The State of Florida was
consulted during the promulgation of this rule.
D. Paperwork Reduction Act
This rule does not contain any new or revisions to the existing
information collection requirement that was approved by OMB (OMB
Control Number 0648-0141) under the Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
Notwithstanding any other provision 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 PRA, unless that collection of information displays
a currently valid OMB Control Number.
E. Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this rule does not have a significant
economic impact on a substantial number of small entities. The factual
basis for the certification was published in the proposed rule and is
not repeated here. No comments were received regarding the economic
impact of this rule. As a result, a final regulatory flexibility
analysis is not required and none was prepared.
Dated: July 21, 2009.
William Corso,
Deputy Assistant Administrator for Ocean Services and Coastal Zone
Management.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Fish,
Fisheries, Historic preservation, Intergovernmental relations, Marine
resources, Monuments and memorials, Natural resources, Wildlife,
Wildlife refuges, Wildlife management areas, Sanctuary preservation
areas, Ecological reserves, Areas to be avoided, State of Florida, U.S.
Coast Guard.
0
For the reasons above, amend title 15, part 922 of the Code of Federal
Regulations as follows:
PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
0
1. The authority citation for part 922 continues to read as follows:
Authority: 15 U.S.C. 1431 et seq.
0
2. Amend Sec. 922.162(a) by revising the definition for Coral to read
as follows:
Sec. 922.162 Definitions.
(a) * * *
Coral means but is not limited to the corals of the Class Hydrozoa
(stinging and hydrocorals); Class Anthozoa, Subclass Hexacorallia,
Order Scleractinia (stony corals); Class Anthozoa, Subclass
Ceriantipatharia, Order Antipatharia (black corals); and Class
Anthozoa, Subclass Ocotocorallia, Order Gorgonacea, species Gorgonia
ventalina and Gorgonia flabellum (sea fans).
* * * * *
0
3. Amend Sec. 922.163:
0
a. By revising paragraph (a)(2)(i);
0
b. By revising paragraph (a)(5)(iii)(C);
0
c. By revising paragraph (a)(12);
0
d. By removing paragraph (c) and redesignating paragraphs (d) through
(h) as (c) through (g), respectively;
0
e. And by revising newly redesignated paragraph (c).
The revisions read as follows:
Sec. 922.163 Prohibited activities--Sanctuary-wide.
(a) * * *
(2) * * *
(i) Moving, removing, taking, harvesting, damaging, disturbing,
touching, breaking, cutting, or otherwise injuring, or possessing
(regardless of where taken from) any living or dead coral, or coral
formation, or attempting any of these activities, except as permitted
under 50 CFR part 622.
* * * * *
(5) * * *
(iii) * * *
(C) Within 100 yards of the red and white ``divers down'' flag (or
the blue and white ``alpha'' flag in Federal waters);
* * * * *
(12) Harvest or possession of marine life species. Harvesting,
possessing, or
[[Page 38095]]
landing any marine life species, or part thereof, within the Sanctuary,
except in accordance with rules 68B-42 of the Florida Administrative
Code, and such rules shall apply mutatis mutandis (with necessary
editorial changes) to all Federal and State waters within the
Sanctuary.
* * * * *
(c) Notwithstanding the prohibitions in this section and in Sec.
922.164, and any access and use restrictions imposed pursuant thereto,
a person may conduct an activity specifically authorized by any valid
Federal, State, or local lease, permit, license, approval, or other
authorization issued after the effective date of these regulations,
provided that the applicant complies with Sec. 922.49, the Director
notifies the applicant and authorizing agency that he or she does not
object to issuance of the authorization, and the applicant complies
with any terms and conditions the Director deems reasonably necessary
to protect Sanctuary resources and qualities. Amendments, renewals and
extensions of authorizations in existence on the effective date of
these regulations constitute authorizations issued after the effective
date of these regulations.
* * * * *
0
4. Amend Sec. 922.164 in paragraph (d) by revising the heading and
paragraph (d)(1) introductory text; and in paragraph (e) by adding
paragraph (e)(5) to read as follows:
Sec. 922.164 Additional activity regulations by Sanctuary area.
* * * * *
(d) Ecological Reserves, Sanctuary Preservation Areas, and Special
Use (Research only) Areas. (1) The following activities are prohibited
within the Ecological Reserves described in Appendix IV to this
subpart, within the Sanctuary Preservation Areas described in Appendix
V to this subpart, and within the Special Use (Research only Areas)
described in Appendix VI to this subpart:
* * * * *
(e) * * *
(5) In addition to paragraph (e)(3) of this section no person shall
conduct activities listed in paragraph (d) of this section in
``Research-only Areas.''
0
5. Remove and reserve Sec. 922.168.
Sec. 922.168 [Removed and reserved]
0
6. Remove Appendix VIII to Subpart P of Part 922--Marine Life Rule [As
Excerpted from Chapter 46-42 of the Florida Administrative Code].
[FR Doc. E9-17825 Filed 7-30-09; 8:45 am]
BILLING CODE 3510-NK-P
