Proposed Research Area Within the Gray's Reef National Marine Sanctuary, 55692-55698 [2010-22567]

Download as PDF 55692 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, Part A, Subpart III, Section 44701: General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866, 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979), and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. You can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment emcdonald on DSK2BSOYB1PROD with PROPOSALS Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2. The FAA amends § 39.13 by adding the following new AD: VerDate Mar<15>2010 16:35 Sep 13, 2010 Jkt 220001 Comments Due Date (a) We must receive comments by October 29, 2010. Affected ADs (b) None. Applicability (c) This AD applies to The Boeing Company Model 737–600, –700, –700C, –800, –900, and –900ER series airplanes, certificated in any category; as identified in Boeing Service Bulletin 737–27–1289, dated April 7, 2010. Subject (d) Air Transport Association (ATA) of America Code 27: Flight Controls. Unsafe Condition (e) This AD results from reports that the warning horn did not sound during the takeoff warning system test of the S132 ‘‘nose up stab takeoff warning switch.’’ The Federal Aviation Administration is issuing this AD to detect and correct a takeoff warning system switch failure, which could reduce the ability of the flightcrew to maintain the safe flight and landing of the airplane. requested using the procedures found in 14 CFR 39.19. Send information to Attn: Jeffrey W. Palmer, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, Washington 98057–3356; telephone (425) 917–6472; fax (425) 917–6590. Information may be e-mailed to: 9-ANM-Seattle-ACOAMOC-Requests@faa.gov. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. The AMOC approval letter must specifically reference this AD. Issued in Renton, Washington, on September 3, 2010. Jeffrey E. Duven, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2010–22847 Filed 9–13–10; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Compliance (f) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. National Oceanic and Atmospheric Administration Test (g) Within 6 months after the effective date of this AD, test the stabilizer takeoff warning switches, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 737–27–1289, dated April 7, 2010. Repeat the test at intervals not to exceed 750 flight hours. RIN 0648–AV88 Replacement and Re-test (h) If any stabilizer takeoff warning switch fails the test required in paragraph (g) or (h) of this AD, replace the stabilizer takeoff warning switch with a new switch and test the new switch before further flight, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 737– 27–1289, dated April 7, 2010. Within 750 flight hours after replacement of any switch, test the replaced switch, in accordance with the Accomplishment Instructions of Boeing Service Bulletin 737–27–1289, dated April 7, 2010, and repeat this test on the replaced switch thereafter at intervals not to exceed 750 flight hours. Special Flight Permit (i) Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed. PART 39—AIRWORTHINESS DIRECTIVES § 39.13 The Boeing Company: Docket No. FAA– 2010–0853; Directorate Identifier 2010– NM–116–AD. Alternative Methods of Compliance (AMOCs) (j)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 15 CFR Part 922 [Docket No. 070726412–0071–01] Proposed Research Area Within the Gray’s Reef National Marine Sanctuary Office of National Marine Sanctuaries (ONMS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Proposed rule. AGENCY: The National Oceanic and Atmospheric Administration (NOAA) is proposing to create a research area within the Gray’s Reef National Marine Sanctuary (GRNMS, or Sanctuary). A research area is a region specifically designed for conducting controlled scientific studies in the absence of certain human activities that could affect the results. NOAA proposes to prohibit fishing, diving, and stopping while transiting in the proposed research area. DATES: Comments must be received by December 13, 2010. Dates for public hearings are: (1) October 19, 6–8 p.m., Richmond Hill City Center, 529 Cedar Street, Richmond Hill, GA. (2) October 20, 6–8 p.m., Bulloch County Courthouse, 30 N. Main Street, Statesboro, GA. SUMMARY: E:\FR\FM\14SEP1.SGM 14SEP1 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules (3) October 21, 6–8 p.m., College of Coastal Georgia, Southeast Georgia Conference Center, 3700 Altama Avenue, Brunswick, GA. ADDRESSES: You may submit comments, identified by 0648–AV88, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http:// www.regulations.gov (search for docket NOAA–NOS–2009–0103) • Mail: Gray’s Reef National Marine Sanctuary, 10 Ocean Science Circle, Savannah, GA 31411, Attn: Dr. George Sedberry, Superintendent. Instructions: No comments will be posted for public viewing until after the comment period has closed. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. ONMS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Copies of the draft environmental impact statement and proposed rule can be downloaded or viewed on the Internet at http://www.regulations.gov (search for docket #NOAA–NOS–2009–0103) or at http://graysreef.noaa.gov. FOR FURTHER INFORMATION CONTACT: Resource Protection Coordinator Becky Shortland at (912) 598–2381. SUPPLEMENTARY INFORMATION: emcdonald on DSK2BSOYB1PROD with PROPOSALS I. Background A. Gray’s Reef National Marine Sanctuary NOAA designated GRNMS as the nation’s fourth national marine sanctuary in 1981 for the purposes of: protecting the quality of this unique and fragile ecological community; promoting scientific understanding of this live bottom ecosystem; and enhancing public awareness and wise use of this significant regional resource. GRNMS is located 16 miles offshore of Sapelo Island, Georgia, on an area of continental shelf stretching from Cape Hatteras, North Carolina, to Cape Canaveral, Florida (referred to as the South Atlantic Bight). GRNMS protects 16.68 square nautical miles of open ocean and submerged lands of particularly dense and nearshore VerDate Mar<15>2010 16:35 Sep 13, 2010 Jkt 220001 patches of productive live bottom habitat. The sanctuary is influenced by complex ocean currents and serves as a mixing zone for temperate (colder water) and sub-tropical species. An estimated 180 species of fish, encompassing a wide variety of sizes, forms, and ecological roles, have been recorded at GRNMS. Loggerhead sea turtles, a threatened species, use GRNMS year-round for foraging and resting, and the highly endangered northern right whale is occasionally seen in Gray’s Reef. The sanctuary contains one of the largest nearshore live-bottom reefs in the southeastern United States. Within the sanctuary, rock outcroppings stand above the shifting sands. The series of rock ledges and sand expanses has produced a complex habitat of burrows, troughs, and overhangs that provide a solid base for the abundant sessile invertebrates to attach and grow. This topography supports an unusual assemblage of temperate and tropical marine flora and fauna. This flourishing ecosystem attracts numerous species of benthic and pelagic fish including mackerel, grouper, red snapper, black sea bass, angelfish, and a host of other fishes. Since GRNMS lies in a transition area between temperate and tropical waters, the composition of reef fish populations changes seasonally. B. Purpose and Need for Research Area In 2008, NOAA released a report on the condition of GRNMS providing a summary of the status of resources, pressures on those resources, current conditions and trends, and management responses to the pressures that threaten the integrity of the marine environment. Specifically, the document includes information on water quality, habitat, living resources, and maritime archaeological resources and the human activities that affect them. Overall, the resources protected by GRNMS appear to be in fair condition, as defined in the 2008 GRNMS condition report. Emerging threats to the sanctuary include invasive species, contamination of organisms by waterborne chemicals from human coastal activities, climate change and ever increasing coastal populations and recreational use of the sanctuary. For a copy of the 2008 GRNMS condition report, please visit http://sanctuaries.noaa.gov/science/ condition/grnms/welcome.html. NOAA’s regulations for the sanctuary limit fishing gear in the sanctuary to rod and reel (which is used by the vast majority of users in the sanctuary), and handline. Despite these gear restrictions, fishing continues to impact the living marine resources and habitat of the PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 55693 sanctuary. Recreational fishing is the primary fishing activity and occurs throughout the sanctuary but tends to be concentrated in certain areas. Because fishing is allowed throughout the sanctuary, NOAA has limited options for gaining better management information on the effects it has on fish and invertebrate populations and their habitats. A research area would allow investigations to evaluate possible impacts from fishing—particularly bottom fishing—on the sanctuary’s natural resources by providing a zone relatively free of human activities and impacts that can be compared to the rest of the sanctuary. The research area would also allow researchers to more accurately determine the effects of natural events (e.g., hurricanes) and cycles (e.g. droughts) on the sanctuary. The research area could also serve as an important sentinel site to monitor and study impacts of climate change, such as ocean acidification, which can be better determined in the absence of additional human factors such as fishing. Sentinel sites are areas well suited to ensure sustained observations of environmental change, to track indicators of ecosystem integrity, and to provide early warning services. Currently the effects of subtle natural variability may be masked by the sometimes overwhelming effect of fishing. The ability to conduct these investigations in a marine environment free of human influences is critical to meet the resource protection and scientific research mandates of the GRNMS. To provide for comprehensive and coordinated conservation and management of natural resources of GRNMS as required by the National Marine Sanctuaries Act (NMSA), research that includes a control or research area where human impacts are limited is needed. There are currently no natural live-bottom areas in the South Atlantic Bight that have been set aside for scientific use. Because GRNMS is relatively shallow, it affords the opportunity to conduct experiments and make observations using SCUBA in a productive reef habitat that is relatively close to shore. The proximity of the sanctuary to coastal universities and marine research laboratories makes GRNMS a logical natural area that can be used to further understanding and management of these complex ecosystems. There is scientific agreement that without having an area of the naturally occurring live bottom devoted to research, it becomes very difficult to understand how these reefs function in the life history of many economically valuable species, and the E:\FR\FM\14SEP1.SGM 14SEP1 55694 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules emcdonald on DSK2BSOYB1PROD with PROPOSALS effects of extractive uses on that productivity. NOAA believes the proposed action provides a balance between user concerns and the research opportunities that are emphasized in the sanctuary’s goals and objectives. C. Research Area Background The concept of a research (control) area within the sanctuary has been under discussion for many years. The idea was first raised by members of the public in 1999 during the early stages of the GRNMS management plan review process at public scoping meetings. The GRNMS advisory council set a target to increase the opportunity to distinguish scientifically between natural and human-induced change to species populations in the sanctuary (NMSP 2006). As a means to reach this target, the Sanctuary Advisory Council (SAC) formed a broad-based Research Area Working Group (RAWG) to consider the concept of a research area within the sanctuary. The RAWG consisted of representatives from research, academia, conservation groups, sport fishing and diving interests, education, commercial fishing, law enforcement and state and federal agency representatives. The RAWG employed a consensus-driven, constituent-based process. A Geographic Information System (GIS) tool was also developed by NOAA to analyze options RAWG members brought forward; this tool is described in more detail in the environmental impact statement supporting this action. The principle conclusion of the RAWG, which was ultimately adopted by the entire SAC, was that significant research questions exist at GRNMS that can only be addressed by establishing a research area. The final SAC recommendations to NOAA, presented in 2008, also included the unanimous recommendation that all fishing be prohibited in the research area. In the decision to recommend prohibition of all fishing in the research area, the RAWG took into consideration new information on the growing knowledge of the linkages between benthic and pelagic natural communities. The RAWG also considered methods used by sport fishermen to fish both coastal pelagic and bottom fish (reef) species at the same time. In addition, downriggers and planers, currently permitted in the sanctuary, allow anglers to fish the entire water column, including near the bottom. These gear types can impact benthic communities and allow catch of bottom fish, a primary marine resource to be studied in the research area. Therefore, allowing any fishing VerDate Mar<15>2010 16:35 Sep 13, 2010 Jkt 220001 including trolling for pelagic fish species could significantly compromise the integrity and effectiveness of a research area. Law enforcement officials expressed concern that the enforcement of prohibitions on fishing would be more difficult if diving or stationary vessels were allowed to continue in the research area, due to the difficulty of determining the activities of a boat’s occupants from a distance or as officers approach a boat. The SAC also observed that any recreational diving activity in the research area would make law enforcement difficult and could undermine the validity of the research area. From 2004–2008, the RAWG and SAC also continued to evaluate criteria and boundaries utilizing the GIS tool and incorporating new information as it became available. Ultimately, four boundary scenarios were recommended as viable locations for a research area in GRNMS. These boundary scenarios and several activity restrictions became the focus of public scoping during March and April 2008. After consideration of public comments and deliberations by the RAWG, the sanctuary superintendent received final recommendations from the SAC in January 2009. The proposed action presented in this document are the direct result of the RAWG’s recommendations that were adopted by the SAC and provided to GRNMS superintendent, and comments received during the spring 2008 public scoping. Several alternatives to the proposed action are analyzed in the accompanying draft environmental impact statement (DEIS). E. South Atlantic Fishery Management Council The action recommended to GRNMS by the SAC would close the research area to all fishing activity. Therefore, pursuant to section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C. 1434(a)(5); NMSA), NOAA’s Office of National Marine Sanctuaries (ONMS) consulted with the South Atlantic Fishery Management Council (SAFMC or Council) to develop fishing regulations associated with this proposed research area. On March 4, 2009, the SAFMC passed a motion to: ‘‘Defer to Gray’s Reef NMS for rule-making in terms of the establishment of the Research Area.’’ On April 22, 2009, the Council’s decision to allow ONMS to draft the fishing regulations was formally communicated when the SAFMC sent a letter to the GRNMS Superintendent deferring PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 fishing regulations for this action to the ONMS. II. Proposed Revisions to GRNMS Terms of Designation Section 304(a)(4) of the NMSA requires that the terms of designation include the geographic area included within the Sanctuary; the characteristics of the area that give it conservation, recreational, ecological, historical, research, educational, or aesthetic value; and the types of activities subject to regulation by the Secretary to protect these characteristics. Section 304(a)(4) also specifies that the terms of designation may be modified only by the same procedures by which the original designation was made. To implement this action, NOAA proposes to modify the GRNMS terms of designation, which were most recently published in the Federal Register on October 12, 2006 (74 FR 60055), to read as follows (new text in bold and deleted text in brackets and italics): 1. No change to Article 1, Designation and Effect 2. No change to Article 2, Description of the Area 3. No change to Article 3, Characteristics of the Area 4. Article 4, Scope of Regulation, Section 1, Activities Subject to Regulation, is modified by: a. Modifying the 4th bullet of Section 1 to read as follows: ‘‘Injuring, catching, harvesting, or collecting any marine organism or any part thereof, living or dead, or attempting any of these activities;, [ by any means except by use of rod and reel, and handline gear;]’’ b. Modifying the 6th bullet of Section 1 as follows: ‘‘Using explosives, or devices that produce electric charges underwater; [and’’ c. Modifying the 7th bullet of Section 1 as follows: ‘‘Moving, removing, injuring, or possessing a historical resource, or attempting to move, remove, injure, or possess a historical resource[.] , and’’ d. Adding the following at the end of Section 1: ‘‘8. Diving.’’ 5. No Change to Article 5, Relation to Other Regulatory Programs 6. No change to Article 6, Alteration of This Designation The revised terms of designation would read as follows: Revised Designation Document for the Gray’s Reef National Marine Sanctuary Article 1. Designation and Effect The Gray’s Reef National Marine Sanctuary was designated on January 16, 1981 (46 FR 7942). The Act authorizes the Secretary of Commerce to E:\FR\FM\14SEP1.SGM 14SEP1 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules issue such regulations as are necessary to implement the designation, including managing and protecting the conservation, recreational, ecological, historical, cultural, archaeological, scientific, educational or aesthetic resources and qualities of a national marine sanctuary. Section 1 of Article 4 of this Designation Document lists activities of the type that are presently being regulated or may need to be regulated in the future, in order to protect sanctuary resources and qualities. Listing in Section 1 does not mean a type of activity is currently regulated or would be regulated in the future. If a type of activity is not listed, however, it may not be regulated except on an emergency basis, unless section 1 is amended to include the type of activity following the same procedures by which the original designation was made. Nothing in this Designation Document is intended to restrict activities that do not cause an adverse effect on the resources or qualities of the sanctuary or on sanctuary property or that do not pose a threat of harm to users of the sanctuary. Article 2. Description of the Area The sanctuary consists of an area of ocean waters and the submerged lands thereunder located 17.5 nautical miles due east of Sapelo Island, Georgia. The exact coordinates are defined by regulation (15 CFR 922.90). all applicable regulatory laws, without going through the designation procedures required by paragraphs (a) and (b) of section 304 of the NMSA (16 U.S.C. 1434(a) and (b)). 1. Dredging, drilling into, or otherwise altering the submerged lands of the sanctuary; 2. Within the boundary of the sanctuary, discharging or depositing any material or other matter or constructing, placing, or abandoning any structure, material or other matter; or discharging or depositing any material or other matter outside the boundary of the sanctuary that subsequently enters the sanctuary and injures a sanctuary resource or quality; 3. Vessel operations, including anchoring; 4. Injuring, catching, harvesting, or collecting any marine organism or any part thereof, living or dead, or attempting any of these activities; 5. Possessing fishing gear that is not allowed to be used in the sanctuary; 6. Using explosives, or devices that produce electric charges underwater; 7. Moving, removing, injuring, or possessing a historical resource, or attempting to move, remove, injure, or possess a historical resource; and 8. Diving. Article 3. Characteristics of the Area The sanctuary consists of submerged calcareous sandstone rock reefs with contiguous shallow-buried hard layer and soft sedimentary regime which supports rich and diverse marine plants, invertebrates, finfish, turtles, and occasional marine mammals in an otherwise sparsely populated expanse of ocean seabed. The area attracts multiple human uses, including recreational fishing and diving, scientific research, and educational activities. Section 2. Emergency Regulation Where necessary to prevent or minimize the destruction of, loss of, or injury to a sanctuary resource or quality; or to minimize the imminent risk of such destruction, loss or injury, any activity, including any not listed in Section 1 of this Article, is subject to immediate temporary regulation, including prohibition. Article 5. Relation to Other Regulatory Programs Article 4. Scope of Regulation emcdonald on DSK2BSOYB1PROD with PROPOSALS Section 1. Activities Subject to Regulation The following activities are subject to regulation under the NMSA. Such regulation may include prohibitions to ensure the protection and management of the conservation, recreational, ecological, historical, scientific, educational, cultural, archaeological or aesthetic resources and qualities of the area. Because an activity is listed here does not mean that such activity is being or would be regulated. If an activity is listed, however, the activity can be regulated, after compliance with VerDate Mar<15>2010 16:35 Sep 13, 2010 Jkt 220001 Section 1. Defense Activities The regulation of activities listed in Article 4 shall not prohibit any Department of Defense activity that is essential for national defense or because of emergency. Such activities shall be consistent with the regulations to the maximum extent practical. Section 2. Other Programs All applicable regulatory programs will 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 a regulation implementing Article 4. Article 6. Alteration of This Designation The terms of designation, as defined under section 304(a) of the Act, may be modified only by the procedures PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 55695 outlined in paragraphs (a) and (b) of section 304 of the Act including public hearings, consultation with interested Federal, State, and local government agencies, and the South Atlantic Fishery Management Council, review by the appropriate congressional committees, and approval by the Secretary of Commerce or designee. [End of designation document] III. Summary of Proposed Revisions to the Sanctuary Regulations A. Establishment of a Research Area The proposed regulations would establish a research area within the GRNMS that would prohibit fishing, diving and stopping a vessel within the area. This area is referred to as the Southern Boundary Option. Please refer to the GRNMS Web site and the draft environmental impact statement supporting this rulemaking for more information and a map depicting the location of the proposed research area within the GRNMS. The research area, which would occupy the southern portion of the GRNMS, would be wholly within the boundary of the sanctuary and would not change its overall size. The total area that would be designated as a research area inside GRNMS would be 6.25 square nautical miles (see the Appendix for coordinates). According to boat sighting data from 1999–2007, only 9.2 percent of boats sighted in the sanctuary visited or transited the area of the proposed research area, leading to the conclusion that this area is not as popular with sport fishermen and sport divers as the north-central portion of the sanctuary. NOAA believes the proposed action provides a balance between user concerns and the research opportunities that are emphasized in the sanctuary’s goals and objectives. B. Activities Prohibited Within the Research Area If adopted, the regulatory changes would prohibit: (1) Injuring, catching, harvesting, or collecting sanctuary resources (including by fishing); (2) diving within the research area; and (3) stopping a vessel in the research area. The proposed regulations would add prohibitions specific to the research area in addition to the existing prohibitions set out in 922.92, which apply throughout the Sanctuary. In the proposed research area, the following activities would be prohibited and thus unlawful for any person to conduct or cause to be conducted: Injuring, catching, harvesting, or collecting, or attempting to injure, catch, harvest, or collect, any marine organism, or any E:\FR\FM\14SEP1.SGM 14SEP1 55696 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules part thereof, living or dead (there would be a rebuttable presumption that any marine organism or part thereof, living or dead, found in the possession of a person within the research area has been collected from the research area); possessing, carrying, or using any fishing gear or means for fishing unless such gear or means is stowed and not available for immediate use while on board a vessel transiting through the research area without interruption or for valid law enforcement purposes; diving; stopping a vessel when transiting the research area. C. Enforcement If adopted, the proposed regulations would be enforced by NOAA and other authorized agencies (i.e., United States Coast Guard, and Georgia Department of Natural Resources) in a coordinated and comprehensive way. Enforcement actions for an infraction would be prosecuted under the appropriate statutes or regulations governing that infraction. The prohibition against catching or harvesting marine organisms would include a rebuttable presumption that any marine organism or part thereof found in the possession of a person within the research area has been collected from the research area. emcdonald on DSK2BSOYB1PROD with PROPOSALS D. Permitting If adopted, a research area in the southern portion of the sanctuary would provide researchers a valuable opportunity to discern between humaninduced and natural changes in the Gray’s Reef area. Researchers would be required to obtain permits to conduct activities related to research that would otherwise be prohibited by the regulations. The ONMS regulations, including the regulations for the GRNMS, allow NOAA to issue permits to conduct activities that would otherwise be prohibited by the regulations (15 CFR 922 and 922.93). Most permits are issued by the Superintendent of the GRNMS. Requirements for filing permit applications are specified in ONMS regulations and the Office of Management and Budget-approved application guidelines (OMB control number 0648–0141). Criteria for reviewing permit applications are also contained in the ONMS regulations at 15 CFR 922.93. In general, permits may be issued for activities related to scientific research, education, and management. VerDate Mar<15>2010 16:35 Sep 13, 2010 Jkt 220001 IV. Classification A. National Marine Sanctuaries Act Section 301(b) of the National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1434) provides authority for comprehensive and coordinated conservation and management of national marine sanctuaries in coordination with other resource management authorities. Section 304(a)(4) of the NMSA requires the procedures specified in section 304 for designating a national marine sanctuary be followed for modifying any term of designation. This action proposes to revise the terms of designation (e.g., scope of regulations) for the GRNMS. Therefore, NOAA is required to comply with Section 304. In addition, Section 304(a)(5) of the NMSA requires that NOAA consult with the appropriate fishery management council on any action proposing to regulate fishing. As stated in the preamble above, NOAA has worked with the South Atlantic Fishery Management Council, State of Georgia, and NOAA Fisheries Service on this issue and all necessary requirements have been completed. In accordance with Section 304, the appropriate documents are being submitted to the specified Congressional committees. B. National Environmental Policy Act In accordance with Section 304(a)(2) of the NMSA (16 U.S.C. 1434(a)(2)), and the provisions of the National Environmental Policy Act (NEPA; 42 U.S.C. 4321–4370(a)), a DEIS has been prepared for this proposed action. The DEIS contains a statement of the purpose and need for the project, description of proposed alternatives including the no action alternative, description of the affected environment, and evaluation and comparison of environmental consequences including cumulative impacts. The preferred alternative incorporates the creation of a research area in the Southern Option Boundary, and proposed prohibition of fishing, diving, and stopping a vessel while transiting through the research area. Copies of the DEIS are available upon request at the address and Web site listed in the ADDRESSES section of this rule. C. Executive Order 12866: Regulatory Impact Under Executive Order (E.O.) 12866, if the proposed regulations are ‘‘significant’’ as defined in section 3(f)(1), (2), (3), or (4) of the Order, an assessment of the potential costs and benefits of the regulatory action must be prepared and submitted to the Office of Management and Budget. This proposed PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 rule has been determined to be not significant within the meaning of E.O. 12866. D. Executive Order 13132: Federalism Assessment All of the proposed actions would occur in the Exclusive Economic Zone beyond state jurisdiction. There are no federalism implications as that term is used in E.O. 13132. The changes will not preempt State law, but will simply complement existing State authorities. In keeping with the intent of the Order, NOAA consulted with a number of entities within the region, the State of Georgia, and the South Atlantic Fishery Management Council which participated in development of the research area. E. Regulatory Flexibility Act In accordance with the requirements of section 603(a) of the Regulatory Flexibility Act (RFA; 5 U.S.C. 603(a)), NOAA has prepared an initial regulatory flexibility analysis (IRFA) describing the impact of the proposed action on small businesses. Section 603(b) (5 U.S.C. 603(b)) requires that each IRFA contain a description of the reasons the action is being considered, a succinct statement of the objectives of, and legal basis for, the action, a description of and, where feasible, an estimate of the number of small entities to which the proposed action will apply, a description of the projected reporting, recordkeeping and other compliance requirements of the proposed action, including an estimate of the classes of small entities which would be subject to the requirement and the type of professional skills necessary for preparation of the report or record, and an identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap or conflict with the proposed action. In addition, section 603(c) (5 U.S.C. 603(c)) requires that each IRFA contain a description of any significant alternatives to the proposed action which accomplish the stated objectives of applicable statutes and which minimize any significant economic impact of the proposed action on small entities. A statement of why NOAA is considering this action and the objectives of, and legal basis for, the proposed rule is contained in the preamble section for the proposed rule and is not repeated here. The analysis conducted to meet the remaining requirements under the RFA follows. E:\FR\FM\14SEP1.SGM 14SEP1 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules Initial Regulatory Flexibility Act Analysis The Small Business Administration has established thresholds on the designation of businesses as ‘‘small entities.’’ A fish-harvesting business is considered a ‘‘small’’ business if it has annual receipts not in excess of $3.5 million (13 CFR 121.201). Sports and recreation businesses and scenic and sightseeing transportation businesses are considered ‘‘small’’ businesses if they have annual receipts not in excess of $6 million (13 CFR 121.201). According to these limits, each of the businesses listed below are considered small entities. All analyses are based on the most recently updated and best available information. In 2002, a survey of charter fishing boat owners/operators was completed. This survey identified 15 charter boats that utilize GRNMS as one of their fishing locations. It was estimated that their 2001 total gross revenue was $1,029,000 and their total operating expenses was $582,000 with total profit of $447,000. Converting these values to 2008 dollars using the consumer price index results in gross revenue of $1,251,264, total operating expenses of $707,712, and total profit of $543,552. The survey found that approximately 40 percent of their fishing activity took place in GRNMS. The economic impact of the five alternatives considered for this action, and further described in the DEIS, can be estimated by combining results from the 2002 survey with boat location analysis completed in 2008. The results of this analysis are summarized in Table 1. The five alternatives contain a no action alternative (i.e., no designation of a research area) and four alternatives distinguished by different locations within the sanctuary and by varying sizes. The Southern Boundary Option (preferred) impacts 9 percent of recreational fishing resulting in impacts of $46K to total gross revenue and $20K 55697 to total profit. The Optimal Scientific Boundary Option impacts 67 percent of recreational fishing resulting in impacts of $335K to total gross revenue and $146K to total profit. The Minimal User Impact Boundary Option impacts 15 percent of recreational fishing resulting in impacts of $75K to total gross revenue and $32K to total profit. The Compromise Boundary Option impacts 35 percent of recreational fishing resulting in impacts of $175K to total gross revenue and $76K to total profit. This analysis assumes that all economic value associated with the areas closed is lost. Any factor that could mitigate or off-set the level of impact is not addressed. The estimated impacts are thought of as ‘‘maximum potential losses’’ because impacted businesses may take action to at least mitigate or off-set most losses (i.e., by conducting charter operations somewhere nearby). TABLE 1—ESTIMATED ECONOMIC IMPACTS TO RECREATIONAL CHARTER FISHING BUSINESSES BY ALTERNATIVE, IN 2008 $ Percent impact Alternative No Action ............................................................................................................................................. Southern Boundary Options (preferred) .............................................................................................. Optimal Scientific Boundary Option ..................................................................................................... Minimal User Impact Boundary Option ............................................................................................... Compromise Boundary Option ............................................................................................................ No economic impact is expected to result to recreational charter diving businesses because there appear to be none currently operating within the sanctuary. In September 2007, in-person interviews were conducted with all businesses and organizations offering scuba diving trips along the Georgia coast. Four charter scuba operations and one scuba diving club were identified and interviewed. The interviews gathered information that included operating profiles, preferred diving locations and methods, detailed business data (revenue and costs), and general opinions of the current state of scuba diving and spearfishing off the Georgia coast. None of the businesses offer scuba diving trips to GRNMS. emcdonald on DSK2BSOYB1PROD with PROPOSALS F. Paperwork Reduction Act This rule contains a collection-ofinformation requirement subject to the Paperwork Reduction Act (PRA) which has been approved by OMB under control number 0648–0141. The public reporting burden for national marine sanctuary permits is estimated to average 1 hour per response, including the time for reviewing instructions, VerDate Mar<15>2010 16:35 Sep 13, 2010 Jkt 220001 searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Nationwide, NOAA issues approximately 200 national marine sanctuary permits each year. Of this amount, three permits are active for research activities within the GRNMS. Even though this proposed rule may result in a few additional permits applications for scientific research at GRNMS, this rule would not appreciably change the average annual number of respondents or the reporting burden for this information requirement. Therefore, NOAA has determined that the proposed regulations do not necessitate a modification to its information collection approval by the Office of Management and Budget under the Paperwork Reduction Act. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NOAA (see ADDRESSES) and by e-mail to David_Rostker@omb.eop.gov, or fax to (202) 395–7285. Notwithstanding any PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 0 9 67 15 35 Total impact to gross revenue Total impact to profit ........................ 46,047 335,339 75,076 175,177 ........................ 20,003 145,672 32,613 76,097 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. List of Subjects in 15 CFR Part 922 Administrative practice and procedure, Coastal zone, Education, Environmental protection, Marine resources, Natural resources, Penalties, Recreation and recreation areas, Reporting and recordkeeping requirements, Research. Dated: September 3, 2010. Holly Bamford, Acting Deputy Assistant Administrator for Ocean Services and Coastal Zone Management. Accordingly, for the reasons set forth above, 15 CFR part 922 is proposed to be amended as follows: E:\FR\FM\14SEP1.SGM 14SEP1 55698 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules PART 922—NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS Appendix A to Subpart I of Part 922— Gray’s Reef National Marine Sanctuary Research Area Boundary Coordinates 1. The authority citation for Part 922 continues to read as follows: [Coordinates listed in this Appendix are unprojected (Geographic) and based on the North American Datum of 1983.] The research area boundary is defined by the coordinates provided in Table 1 and the following textual description. The research area boundary extends from Point 1, the southwest corner of the sanctuary, to Point 2 along a straight line following the western boundary of the Sanctuary. It then extends along a straight line from Point 2 to Point 3, which is on the eastern boundary of GRNMS. The boundary then follows the eastern boundary line of the sanctuary southward until it intersects the line of the southern boundary of GRNMS at Point 4, the southeastern corner of the sanctuary. The last straight line is defined by connecting Point 4 and Point 5, along the southern boundary of the GRNMS. Authority: 16 U.S.C. 1431 et seq. 2. In § 922.92, revise the section heading to read as follows: § 922.92 Prohibited or otherwise regulated activities—Sanctuary-wide. * * * * * 3. In § 922.93, revise paragraph (a) to read as follows: § 922.93 Permit procedures and criteria. (a) A person may conduct an activity prohibited by § 922.92(a)(1) through (a)(10) and § 922.94 if conducted in accordance within the scope, purpose, manner, terms and conditions of a permit issued under this section and § 922.48. * * * * * 4. Add § 922.94 to Subpart I to read as follows: emcdonald on DSK2BSOYB1PROD with PROPOSALS § 922.94 Prohibited or otherwise regulated activities—Research area. In addition to the prohibitions set out in § 922.92, which apply throughout the Sanctuary, the following activities are prohibited and thus unlawful for any person to conduct or cause to be conducted within the research area described in Appendix A to this subpart. The exceptions described in § 922.92(a) and (b) also apply to the prohibitions in this section: (a)(1)(i) Injuring, catching, harvesting, or collecting, or attempting to injure, catch, harvest, or collect, any marine organism, or any part thereof, living or dead. (ii) There shall be a rebuttable presumption that any marine organism or part thereof referenced in this paragraph found in the possession of a person within the research area has been collected from the research area. (2) Using any fishing gear or means for fishing, or possessing, or carrying any fishing gear or means for fishing unless such gear or means is stowed and not available for immediate use while on board a vessel transiting through the research area without interruption or for valid law enforcement purposes. (3) Diving. (4) Stopping a vessel in the research area. (b) [Reserved] 5. Add Appendix A to Subpart I to read as follows: VerDate Mar<15>2010 16:35 Sep 13, 2010 Jkt 220001 TABLE 1—COORDINATES FOR THE RESEARCH AREA Point ID Latitude (north) Longitude (west) FOR FURTHER INFORMATION CONTACT: David A. Stawick, 202–418–5071. Correction In proposed rule FR Doc. 2010–22395, beginning on page 54794 in the issue of September 9, 2010, make the following correction. In the ADDRESSES section, add the e-mail address etfcpoexemptcomment@cftc.gov in the place of ‘‘[email address TBD]’’. Dated: September 9, 2010. David A. Stawick, Secretary of the Commission. [FR Doc. 2010–22906 Filed 9–13–10; 8:45 am] BILLING CODE P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–142800–09] RIN 1545–BI96 1 2 3 4 5 ........ ........ ........ ........ ........ 31.36250 31.38444 31.38444 31.36250 31.36250 N N N N N ........ ........ ........ ........ ........ ¥80.92111 ¥80.92111 ¥80.82806 ¥80.82806 ¥80.92111 W W W W W [FR Doc. 2010–22567 Filed 9–10–10; 11:15 am] BILLING CODE 3510–NK–P COMMODITY FUTURES TRADING COMMISSION RIN 3038–AC46 Commodity Pool Operations: Relief From Compliance With Certain Disclosure, Reporting and Recordkeeping Requirements for Registered CPOs of Commodity Pools Listed for Trading on a National Securities Exchange; CPO Registration Exemption for Certain Independent Directors or Trustees of These Commodity Pools; Correction Commodity Futures Trading Commission. ACTION: Notice of proposed rulemaking; correction. AGENCY: This document corrects a missing e-mail address in a proposed rule published in the Federal Register of September 9, 2010, regarding relief from certain disclosure, reporting and recordkeeping requirements that Commission staff previously has issued on a case-by-case basis to commodity pool operators (CPOs). SUMMARY: Frm 00008 Fmt 4702 Internal Revenue Service (IRS), Treasury. ACTION: Correction to notice of proposed rulemaking by cross-reference to temporary regulations. AGENCY: This document contains a correction to a notice of proposed rulemaking by cross-reference to temporary regulations (REG–142800–09) that was published in the Federal Register on Friday, August 13, 2010 (75 FR 49428) primarily affecting C corporations regarding the acceleration of deferred discharge of indebtedness (COD) income (deferred COD income) and deferred original issue discount (OID) deductions (deferred OID deductions) under section 108(i)(5)(D), and the calculation of earnings and profits as a result of an election under section 108(i). In addition, these regulations provide rules applicable to all taxpayers regarding deferred OID deductions under section 108(i) as a result of a reacquisition of an applicable debt instrument by an issuer or related party. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Robert M. Rhyne, (202) 622–7790 and Rubin B. Ranat, (202) 622–7530 (not toll-free numbers). SUPPLEMENTARY INFORMATION: SUMMARY: 17 CFR Part 4 PO 00000 Guidance Regarding Deferred Discharge of Indebtedness Income of Corporations and Deferred Original Issue Discount Deductions; Correction Sfmt 4702 E:\FR\FM\14SEP1.SGM 14SEP1

Agencies

[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Proposed Rules]
[Pages 55692-55698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22567]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 070726412-0071-01]
RIN 0648-AV88


Proposed Research Area Within the Gray's Reef National Marine 
Sanctuary

AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic 
and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION: Proposed rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
proposing to create a research area within the Gray's Reef National 
Marine Sanctuary (GRNMS, or Sanctuary). A research area is a region 
specifically designed for conducting controlled scientific studies in 
the absence of certain human activities that could affect the results. 
NOAA proposes to prohibit fishing, diving, and stopping while 
transiting in the proposed research area.

DATES: Comments must be received by December 13, 2010.
    Dates for public hearings are:
    (1) October 19, 6-8 p.m., Richmond Hill City Center, 529 Cedar 
Street, Richmond Hill, GA.
    (2) October 20, 6-8 p.m., Bulloch County Courthouse, 30 N. Main 
Street, Statesboro, GA.

[[Page 55693]]

    (3) October 21, 6-8 p.m., College of Coastal Georgia, Southeast 
Georgia Conference Center, 3700 Altama Avenue, Brunswick, GA.

ADDRESSES: You may submit comments, identified by 0648-AV88, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov 
(search for docket NOAA-NOS-2009-0103)
     Mail: Gray's Reef National Marine Sanctuary, 10 Ocean 
Science Circle, Savannah, GA 31411, Attn: Dr. George Sedberry, 
Superintendent.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    ONMS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only. Copies of the draft environmental impact statement 
and proposed rule can be downloaded or viewed on the Internet at http://www.regulations.gov (search for docket NOAA-NOS-2009-0103) or 
at http://graysreef.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Resource Protection Coordinator Becky 
Shortland at (912) 598-2381.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Gray's Reef National Marine Sanctuary

    NOAA designated GRNMS as the nation's fourth national marine 
sanctuary in 1981 for the purposes of: protecting the quality of this 
unique and fragile ecological community; promoting scientific 
understanding of this live bottom ecosystem; and enhancing public 
awareness and wise use of this significant regional resource. GRNMS is 
located 16 miles offshore of Sapelo Island, Georgia, on an area of 
continental shelf stretching from Cape Hatteras, North Carolina, to 
Cape Canaveral, Florida (referred to as the South Atlantic Bight). 
GRNMS protects 16.68 square nautical miles of open ocean and submerged 
lands of particularly dense and nearshore patches of productive live 
bottom habitat. The sanctuary is influenced by complex ocean currents 
and serves as a mixing zone for temperate (colder water) and sub-
tropical species. An estimated 180 species of fish, encompassing a wide 
variety of sizes, forms, and ecological roles, have been recorded at 
GRNMS. Loggerhead sea turtles, a threatened species, use GRNMS year-
round for foraging and resting, and the highly endangered northern 
right whale is occasionally seen in Gray's Reef.
    The sanctuary contains one of the largest nearshore live-bottom 
reefs in the southeastern United States. Within the sanctuary, rock 
outcroppings stand above the shifting sands. The series of rock ledges 
and sand expanses has produced a complex habitat of burrows, troughs, 
and overhangs that provide a solid base for the abundant sessile 
invertebrates to attach and grow. This topography supports an unusual 
assemblage of temperate and tropical marine flora and fauna. This 
flourishing ecosystem attracts numerous species of benthic and pelagic 
fish including mackerel, grouper, red snapper, black sea bass, 
angelfish, and a host of other fishes. Since GRNMS lies in a transition 
area between temperate and tropical waters, the composition of reef 
fish populations changes seasonally.

B. Purpose and Need for Research Area

    In 2008, NOAA released a report on the condition of GRNMS providing 
a summary of the status of resources, pressures on those resources, 
current conditions and trends, and management responses to the 
pressures that threaten the integrity of the marine environment. 
Specifically, the document includes information on water quality, 
habitat, living resources, and maritime archaeological resources and 
the human activities that affect them. Overall, the resources protected 
by GRNMS appear to be in fair condition, as defined in the 2008 GRNMS 
condition report. Emerging threats to the sanctuary include invasive 
species, contamination of organisms by waterborne chemicals from human 
coastal activities, climate change and ever increasing coastal 
populations and recreational use of the sanctuary. For a copy of the 
2008 GRNMS condition report, please visit http://sanctuaries.noaa.gov/science/condition/grnms/welcome.html.
    NOAA's regulations for the sanctuary limit fishing gear in the 
sanctuary to rod and reel (which is used by the vast majority of users 
in the sanctuary), and handline. Despite these gear restrictions, 
fishing continues to impact the living marine resources and habitat of 
the sanctuary. Recreational fishing is the primary fishing activity and 
occurs throughout the sanctuary but tends to be concentrated in certain 
areas.
    Because fishing is allowed throughout the sanctuary, NOAA has 
limited options for gaining better management information on the 
effects it has on fish and invertebrate populations and their habitats. 
A research area would allow investigations to evaluate possible impacts 
from fishing--particularly bottom fishing--on the sanctuary's natural 
resources by providing a zone relatively free of human activities and 
impacts that can be compared to the rest of the sanctuary. The research 
area would also allow researchers to more accurately determine the 
effects of natural events (e.g., hurricanes) and cycles (e.g. droughts) 
on the sanctuary. The research area could also serve as an important 
sentinel site to monitor and study impacts of climate change, such as 
ocean acidification, which can be better determined in the absence of 
additional human factors such as fishing. Sentinel sites are areas well 
suited to ensure sustained observations of environmental change, to 
track indicators of ecosystem integrity, and to provide early warning 
services. Currently the effects of subtle natural variability may be 
masked by the sometimes overwhelming effect of fishing. The ability to 
conduct these investigations in a marine environment free of human 
influences is critical to meet the resource protection and scientific 
research mandates of the GRNMS.
    To provide for comprehensive and coordinated conservation and 
management of natural resources of GRNMS as required by the National 
Marine Sanctuaries Act (NMSA), research that includes a control or 
research area where human impacts are limited is needed. There are 
currently no natural live-bottom areas in the South Atlantic Bight that 
have been set aside for scientific use. Because GRNMS is relatively 
shallow, it affords the opportunity to conduct experiments and make 
observations using SCUBA in a productive reef habitat that is 
relatively close to shore. The proximity of the sanctuary to coastal 
universities and marine research laboratories makes GRNMS a logical 
natural area that can be used to further understanding and management 
of these complex ecosystems. There is scientific agreement that without 
having an area of the naturally occurring live bottom devoted to 
research, it becomes very difficult to understand how these reefs 
function in the life history of many economically valuable species, and 
the

[[Page 55694]]

effects of extractive uses on that productivity. NOAA believes the 
proposed action provides a balance between user concerns and the 
research opportunities that are emphasized in the sanctuary's goals and 
objectives.

C. Research Area Background

    The concept of a research (control) area within the sanctuary has 
been under discussion for many years. The idea was first raised by 
members of the public in 1999 during the early stages of the GRNMS 
management plan review process at public scoping meetings. The GRNMS 
advisory council set a target to increase the opportunity to 
distinguish scientifically between natural and human-induced change to 
species populations in the sanctuary (NMSP 2006). As a means to reach 
this target, the Sanctuary Advisory Council (SAC) formed a broad-based 
Research Area Working Group (RAWG) to consider the concept of a 
research area within the sanctuary.
    The RAWG consisted of representatives from research, academia, 
conservation groups, sport fishing and diving interests, education, 
commercial fishing, law enforcement and state and federal agency 
representatives. The RAWG employed a consensus-driven, constituent-
based process. A Geographic Information System (GIS) tool was also 
developed by NOAA to analyze options RAWG members brought forward; this 
tool is described in more detail in the environmental impact statement 
supporting this action.
    The principle conclusion of the RAWG, which was ultimately adopted 
by the entire SAC, was that significant research questions exist at 
GRNMS that can only be addressed by establishing a research area. The 
final SAC recommendations to NOAA, presented in 2008, also included the 
unanimous recommendation that all fishing be prohibited in the research 
area.
    In the decision to recommend prohibition of all fishing in the 
research area, the RAWG took into consideration new information on the 
growing knowledge of the linkages between benthic and pelagic natural 
communities. The RAWG also considered methods used by sport fishermen 
to fish both coastal pelagic and bottom fish (reef) species at the same 
time. In addition, downriggers and planers, currently permitted in the 
sanctuary, allow anglers to fish the entire water column, including 
near the bottom. These gear types can impact benthic communities and 
allow catch of bottom fish, a primary marine resource to be studied in 
the research area. Therefore, allowing any fishing including trolling 
for pelagic fish species could significantly compromise the integrity 
and effectiveness of a research area.
    Law enforcement officials expressed concern that the enforcement of 
prohibitions on fishing would be more difficult if diving or stationary 
vessels were allowed to continue in the research area, due to the 
difficulty of determining the activities of a boat's occupants from a 
distance or as officers approach a boat. The SAC also observed that any 
recreational diving activity in the research area would make law 
enforcement difficult and could undermine the validity of the research 
area.
    From 2004-2008, the RAWG and SAC also continued to evaluate 
criteria and boundaries utilizing the GIS tool and incorporating new 
information as it became available. Ultimately, four boundary scenarios 
were recommended as viable locations for a research area in GRNMS. 
These boundary scenarios and several activity restrictions became the 
focus of public scoping during March and April 2008. After 
consideration of public comments and deliberations by the RAWG, the 
sanctuary superintendent received final recommendations from the SAC in 
January 2009. The proposed action presented in this document are the 
direct result of the RAWG's recommendations that were adopted by the 
SAC and provided to GRNMS superintendent, and comments received during 
the spring 2008 public scoping. Several alternatives to the proposed 
action are analyzed in the accompanying draft environmental impact 
statement (DEIS).

E. South Atlantic Fishery Management Council

    The action recommended to GRNMS by the SAC would close the research 
area to all fishing activity. Therefore, pursuant to section 304(a)(5) 
of the National Marine Sanctuaries Act (16 U.S.C. 1434(a)(5); NMSA), 
NOAA's Office of National Marine Sanctuaries (ONMS) consulted with the 
South Atlantic Fishery Management Council (SAFMC or Council) to develop 
fishing regulations associated with this proposed research area.
    On March 4, 2009, the SAFMC passed a motion to: ``Defer to Gray's 
Reef NMS for rule-making in terms of the establishment of the Research 
Area.'' On April 22, 2009, the Council's decision to allow ONMS to 
draft the fishing regulations was formally communicated when the SAFMC 
sent a letter to the GRNMS Superintendent deferring fishing regulations 
for this action to the ONMS.

II. Proposed Revisions to GRNMS Terms of Designation

    Section 304(a)(4) of the NMSA requires that the terms of 
designation include the geographic area included within the Sanctuary; 
the characteristics of the area that give it conservation, 
recreational, ecological, historical, research, educational, or 
aesthetic value; and the types of activities subject to regulation by 
the Secretary to protect these characteristics. Section 304(a)(4) also 
specifies that the terms of designation may be modified only by the 
same procedures by which the original designation was made. To 
implement this action, NOAA proposes to modify the GRNMS terms of 
designation, which were most recently published in the Federal Register 
on October 12, 2006 (74 FR 60055), to read as follows (new text in bold 
and deleted text in brackets and italics):
    1. No change to Article 1, Designation and Effect
    2. No change to Article 2, Description of the Area
    3. No change to Article 3, Characteristics of the Area
    4. Article 4, Scope of Regulation, Section 1, Activities Subject to 
Regulation, is modified by:
    a. Modifying the 4th bullet of Section 1 to read as follows: 
``Injuring, catching, harvesting, or collecting any marine organism or 
any part thereof, living or dead, or attempting any of these 
activities;, [ by any means except by use of rod and reel, and handline 
gear;]''
    b. Modifying the 6th bullet of Section 1 as follows: ``Using 
explosives, or devices that produce electric charges underwater; [and''
    c. Modifying the 7th bullet of Section 1 as follows: ``Moving, 
removing, injuring, or possessing a historical resource, or attempting 
to move, remove, injure, or possess a historical resource[.] , and''
    d. Adding the following at the end of Section 1: ``8. Diving.''
    5. No Change to Article 5, Relation to Other Regulatory Programs
    6. No change to Article 6, Alteration of This Designation
    The revised terms of designation would read as follows:

Revised Designation Document for the Gray's Reef National Marine 
Sanctuary

Article 1. Designation and Effect

    The Gray's Reef National Marine Sanctuary was designated on January 
16, 1981 (46 FR 7942). The Act authorizes the Secretary of Commerce to

[[Page 55695]]

issue such regulations as are necessary to implement the designation, 
including managing and protecting the conservation, recreational, 
ecological, historical, cultural, archaeological, scientific, 
educational or aesthetic resources and qualities of a national marine 
sanctuary. Section 1 of Article 4 of this Designation Document lists 
activities of the type that are presently being regulated or may need 
to be regulated in the future, in order to protect sanctuary resources 
and qualities. Listing in Section 1 does not mean a type of activity is 
currently regulated or would be regulated in the future. If a type of 
activity is not listed, however, it may not be regulated except on an 
emergency basis, unless section 1 is amended to include the type of 
activity following the same procedures by which the original 
designation was made. Nothing in this Designation Document is intended 
to restrict activities that do not cause an adverse effect on the 
resources or qualities of the sanctuary or on sanctuary property or 
that do not pose a threat of harm to users of the sanctuary.

Article 2. Description of the Area

    The sanctuary consists of an area of ocean waters and the submerged 
lands thereunder located 17.5 nautical miles due east of Sapelo Island, 
Georgia. The exact coordinates are defined by regulation (15 CFR 
922.90).

Article 3. Characteristics of the Area

    The sanctuary consists of submerged calcareous sandstone rock reefs 
with contiguous shallow-buried hard layer and soft sedimentary regime 
which supports rich and diverse marine plants, invertebrates, finfish, 
turtles, and occasional marine mammals in an otherwise sparsely 
populated expanse of ocean seabed. The area attracts multiple human 
uses, including recreational fishing and diving, scientific research, 
and educational activities.

Article 4. Scope of Regulation

Section 1. Activities Subject to Regulation
    The following activities are subject to regulation under the NMSA. 
Such regulation may include prohibitions to ensure the protection and 
management of the conservation, recreational, ecological, historical, 
scientific, educational, cultural, archaeological or aesthetic 
resources and qualities of the area. Because an activity is listed here 
does not mean that such activity is being or would be regulated. If an 
activity is listed, however, the activity can be regulated, after 
compliance with all applicable regulatory laws, without going through 
the designation procedures required by paragraphs (a) and (b) of 
section 304 of the NMSA (16 U.S.C. 1434(a) and (b)).
    1. Dredging, drilling into, or otherwise altering the submerged 
lands of the sanctuary;
    2. Within the boundary of the sanctuary, discharging or depositing 
any material or other matter or constructing, placing, or abandoning 
any structure, material or other matter; or discharging or depositing 
any material or other matter outside the boundary of the sanctuary that 
subsequently enters the sanctuary and injures a sanctuary resource or 
quality;
    3. Vessel operations, including anchoring;
    4. Injuring, catching, harvesting, or collecting any marine 
organism or any part thereof, living or dead, or attempting any of 
these activities;
    5. Possessing fishing gear that is not allowed to be used in the 
sanctuary;
    6. Using explosives, or devices that produce electric charges 
underwater;
    7. Moving, removing, injuring, or possessing a historical resource, 
or attempting to move, remove, injure, or possess a historical 
resource; and
    8. Diving.
Section 2. Emergency Regulation
    Where necessary to prevent or minimize the destruction of, loss of, 
or injury to a sanctuary resource or quality; or to minimize the 
imminent risk of such destruction, loss or injury, any activity, 
including any not listed in Section 1 of this Article, is subject to 
immediate temporary regulation, including prohibition.

Article 5. Relation to Other Regulatory Programs

Section 1. Defense Activities
    The regulation of activities listed in Article 4 shall not prohibit 
any Department of Defense activity that is essential for national 
defense or because of emergency. Such activities shall be consistent 
with the regulations to the maximum extent practical.
Section 2. Other Programs
    All applicable regulatory programs will 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 a regulation implementing Article 4.

Article 6. Alteration of This Designation

    The terms of designation, as defined under section 304(a) of the 
Act, may be modified only by the procedures outlined in paragraphs (a) 
and (b) of section 304 of the Act including public hearings, 
consultation with interested Federal, State, and local government 
agencies, and the South Atlantic Fishery Management Council, review by 
the appropriate congressional committees, and approval by the Secretary 
of Commerce or designee.

[End of designation document]

III. Summary of Proposed Revisions to the Sanctuary Regulations

A. Establishment of a Research Area

    The proposed regulations would establish a research area within the 
GRNMS that would prohibit fishing, diving and stopping a vessel within 
the area. This area is referred to as the Southern Boundary Option. 
Please refer to the GRNMS Web site and the draft environmental impact 
statement supporting this rulemaking for more information and a map 
depicting the location of the proposed research area within the GRNMS. 
The research area, which would occupy the southern portion of the 
GRNMS, would be wholly within the boundary of the sanctuary and would 
not change its overall size. The total area that would be designated as 
a research area inside GRNMS would be 6.25 square nautical miles (see 
the Appendix for coordinates).
    According to boat sighting data from 1999-2007, only 9.2 percent of 
boats sighted in the sanctuary visited or transited the area of the 
proposed research area, leading to the conclusion that this area is not 
as popular with sport fishermen and sport divers as the north-central 
portion of the sanctuary. NOAA believes the proposed action provides a 
balance between user concerns and the research opportunities that are 
emphasized in the sanctuary's goals and objectives.

B. Activities Prohibited Within the Research Area

    If adopted, the regulatory changes would prohibit: (1) Injuring, 
catching, harvesting, or collecting sanctuary resources (including by 
fishing); (2) diving within the research area; and (3) stopping a 
vessel in the research area. The proposed regulations would add 
prohibitions specific to the research area in addition to the existing 
prohibitions set out in 922.92, which apply throughout the Sanctuary. 
In the proposed research area, the following activities would be 
prohibited and thus unlawful for any person to conduct or cause to be 
conducted: Injuring, catching, harvesting, or collecting, or attempting 
to injure, catch, harvest, or collect, any marine organism, or any

[[Page 55696]]

part thereof, living or dead (there would be a rebuttable presumption 
that any marine organism or part thereof, living or dead, found in the 
possession of a person within the research area has been collected from 
the research area); possessing, carrying, or using any fishing gear or 
means for fishing unless such gear or means is stowed and not available 
for immediate use while on board a vessel transiting through the 
research area without interruption or for valid law enforcement 
purposes; diving; stopping a vessel when transiting the research area.

C. Enforcement

    If adopted, the proposed regulations would be enforced by NOAA and 
other authorized agencies (i.e., United States Coast Guard, and Georgia 
Department of Natural Resources) in a coordinated and comprehensive 
way. Enforcement actions for an infraction would be prosecuted under 
the appropriate statutes or regulations governing that infraction. The 
prohibition against catching or harvesting marine organisms would 
include a rebuttable presumption that any marine organism or part 
thereof found in the possession of a person within the research area 
has been collected from the research area.

D. Permitting

    If adopted, a research area in the southern portion of the 
sanctuary would provide researchers a valuable opportunity to discern 
between human-induced and natural changes in the Gray's Reef area. 
Researchers would be required to obtain permits to conduct activities 
related to research that would otherwise be prohibited by the 
regulations.
    The ONMS regulations, including the regulations for the GRNMS, 
allow NOAA to issue permits to conduct activities that would otherwise 
be prohibited by the regulations (15 CFR 922 and 922.93). Most permits 
are issued by the Superintendent of the GRNMS. Requirements for filing 
permit applications are specified in ONMS regulations and the Office of 
Management and Budget-approved application guidelines (OMB control 
number 0648-0141). Criteria for reviewing permit applications are also 
contained in the ONMS regulations at 15 CFR 922.93. In general, permits 
may be issued for activities related to scientific research, education, 
and management.

IV. Classification

A. National Marine Sanctuaries Act

    Section 301(b) of the National Marine Sanctuaries Act (NMSA; 16 
U.S.C. 1434) provides authority for comprehensive and coordinated 
conservation and management of national marine sanctuaries in 
coordination with other resource management authorities. Section 
304(a)(4) of the NMSA requires the procedures specified in section 304 
for designating a national marine sanctuary be followed for modifying 
any term of designation. This action proposes to revise the terms of 
designation (e.g., scope of regulations) for the GRNMS. Therefore, NOAA 
is required to comply with Section 304. In addition, Section 304(a)(5) 
of the NMSA requires that NOAA consult with the appropriate fishery 
management council on any action proposing to regulate fishing. As 
stated in the preamble above, NOAA has worked with the South Atlantic 
Fishery Management Council, State of Georgia, and NOAA Fisheries 
Service on this issue and all necessary requirements have been 
completed. In accordance with Section 304, the appropriate documents 
are being submitted to the specified Congressional committees.

B. National Environmental Policy Act

    In accordance with Section 304(a)(2) of the NMSA (16 U.S.C. 
1434(a)(2)), and the provisions of the National Environmental Policy 
Act (NEPA; 42 U.S.C. 4321-4370(a)), a DEIS has been prepared for this 
proposed action. The DEIS contains a statement of the purpose and need 
for the project, description of proposed alternatives including the no 
action alternative, description of the affected environment, and 
evaluation and comparison of environmental consequences including 
cumulative impacts. The preferred alternative incorporates the creation 
of a research area in the Southern Option Boundary, and proposed 
prohibition of fishing, diving, and stopping a vessel while transiting 
through the research area. Copies of the DEIS are available upon 
request at the address and Web site listed in the ADDRESSES section of 
this rule.

C. Executive Order 12866: Regulatory Impact

    Under Executive Order (E.O.) 12866, if the proposed regulations are 
``significant'' as defined in section 3(f)(1), (2), (3), or (4) of the 
Order, an assessment of the potential costs and benefits of the 
regulatory action must be prepared and submitted to the Office of 
Management and Budget. This proposed rule has been determined to be not 
significant within the meaning of E.O. 12866.

D. Executive Order 13132: Federalism Assessment

    All of the proposed actions would occur in the Exclusive Economic 
Zone beyond state jurisdiction. There are no federalism implications as 
that term is used in E.O. 13132. The changes will not preempt State 
law, but will simply complement existing State authorities. In keeping 
with the intent of the Order, NOAA consulted with a number of entities 
within the region, the State of Georgia, and the South Atlantic Fishery 
Management Council which participated in development of the research 
area.

E. Regulatory Flexibility Act

    In accordance with the requirements of section 603(a) of the 
Regulatory Flexibility Act (RFA; 5 U.S.C. 603(a)), NOAA has prepared an 
initial regulatory flexibility analysis (IRFA) describing the impact of 
the proposed action on small businesses. Section 603(b) (5 U.S.C. 
603(b)) requires that each IRFA contain a description of the reasons 
the action is being considered, a succinct statement of the objectives 
of, and legal basis for, the action, a description of and, where 
feasible, an estimate of the number of small entities to which the 
proposed action will apply, a description of the projected reporting, 
recordkeeping and other compliance requirements of the proposed action, 
including an estimate of the classes of small entities which would be 
subject to the requirement and the type of professional skills 
necessary for preparation of the report or record, and an 
identification, to the extent practicable, of all relevant Federal 
rules which may duplicate, overlap or conflict with the proposed 
action.
    In addition, section 603(c) (5 U.S.C. 603(c)) requires that each 
IRFA contain a description of any significant alternatives to the 
proposed action which accomplish the stated objectives of applicable 
statutes and which minimize any significant economic impact of the 
proposed action on small entities. A statement of why NOAA is 
considering this action and the objectives of, and legal basis for, the 
proposed rule is contained in the preamble section for the proposed 
rule and is not repeated here. The analysis conducted to meet the 
remaining requirements under the RFA follows.

[[Page 55697]]

Initial Regulatory Flexibility Act Analysis
    The Small Business Administration has established thresholds on the 
designation of businesses as ``small entities.'' A fish-harvesting 
business is considered a ``small'' business if it has annual receipts 
not in excess of $3.5 million (13 CFR 121.201). Sports and recreation 
businesses and scenic and sightseeing transportation businesses are 
considered ``small'' businesses if they have annual receipts not in 
excess of $6 million (13 CFR 121.201). According to these limits, each 
of the businesses listed below are considered small entities. All 
analyses are based on the most recently updated and best available 
information.
    In 2002, a survey of charter fishing boat owners/operators was 
completed. This survey identified 15 charter boats that utilize GRNMS 
as one of their fishing locations. It was estimated that their 2001 
total gross revenue was $1,029,000 and their total operating expenses 
was $582,000 with total profit of $447,000. Converting these values to 
2008 dollars using the consumer price index results in gross revenue of 
$1,251,264, total operating expenses of $707,712, and total profit of 
$543,552. The survey found that approximately 40 percent of their 
fishing activity took place in GRNMS.
    The economic impact of the five alternatives considered for this 
action, and further described in the DEIS, can be estimated by 
combining results from the 2002 survey with boat location analysis 
completed in 2008. The results of this analysis are summarized in Table 
1. The five alternatives contain a no action alternative (i.e., no 
designation of a research area) and four alternatives distinguished by 
different locations within the sanctuary and by varying sizes. The 
Southern Boundary Option (preferred) impacts 9 percent of recreational 
fishing resulting in impacts of $46K to total gross revenue and $20K to 
total profit. The Optimal Scientific Boundary Option impacts 67 percent 
of recreational fishing resulting in impacts of $335K to total gross 
revenue and $146K to total profit. The Minimal User Impact Boundary 
Option impacts 15 percent of recreational fishing resulting in impacts 
of $75K to total gross revenue and $32K to total profit. The Compromise 
Boundary Option impacts 35 percent of recreational fishing resulting in 
impacts of $175K to total gross revenue and $76K to total profit.
    This analysis assumes that all economic value associated with the 
areas closed is lost. Any factor that could mitigate or off-set the 
level of impact is not addressed. The estimated impacts are thought of 
as ``maximum potential losses'' because impacted businesses may take 
action to at least mitigate or off-set most losses (i.e., by conducting 
charter operations somewhere nearby).

   Table 1--Estimated Economic Impacts to Recreational Charter Fishing
                  Businesses by Alternative, in 2008 $
------------------------------------------------------------------------
                                           Total impact
         Alternative            Percent      to gross      Total impact
                                 impact       revenue        to profit
------------------------------------------------------------------------
No Action....................          0  ..............  ..............
Southern Boundary Options              9          46,047          20,003
 (preferred).................
Optimal Scientific Boundary           67         335,339         145,672
 Option......................
Minimal User Impact Boundary          15          75,076          32,613
 Option......................
Compromise Boundary Option...         35         175,177          76,097
------------------------------------------------------------------------

    No economic impact is expected to result to recreational charter 
diving businesses because there appear to be none currently operating 
within the sanctuary. In September 2007, in-person interviews were 
conducted with all businesses and organizations offering scuba diving 
trips along the Georgia coast. Four charter scuba operations and one 
scuba diving club were identified and interviewed. The interviews 
gathered information that included operating profiles, preferred diving 
locations and methods, detailed business data (revenue and costs), and 
general opinions of the current state of scuba diving and spearfishing 
off the Georgia coast. None of the businesses offer scuba diving trips 
to GRNMS.

F. Paperwork Reduction Act

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) which has been approved by OMB 
under control number 0648-0141. The public reporting burden for 
national marine sanctuary permits is estimated to average 1 hour per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Nationwide, NOAA issues approximately 200 national marine sanctuary 
permits each year. Of this amount, three permits are active for 
research activities within the GRNMS. Even though this proposed rule 
may result in a few additional permits applications for scientific 
research at GRNMS, this rule would not appreciably change the average 
annual number of respondents or the reporting burden for this 
information requirement. Therefore, NOAA has determined that the 
proposed regulations do not necessitate a modification to its 
information collection approval by the Office of Management and Budget 
under the Paperwork Reduction Act.
    Send comments regarding this burden estimate, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NOAA (see ADDRESSES) and by e-mail to David_Rostker@omb.eop.gov, or 
fax to (202) 395-7285. 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.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Education, 
Environmental protection, Marine resources, Natural resources, 
Penalties, Recreation and recreation areas, Reporting and recordkeeping 
requirements, Research.

    Dated: September 3, 2010.
Holly Bamford,
Acting Deputy Assistant Administrator for Ocean Services and Coastal 
Zone Management.
    Accordingly, for the reasons set forth above, 15 CFR part 922 is 
proposed to be amended as follows:

[[Page 55698]]

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

    1. The authority citation for Part 922 continues to read as 
follows:

    Authority: 16 U.S.C. 1431 et seq.

    2. In Sec.  922.92, revise the section heading to read as follows:


Sec.  922.92  Prohibited or otherwise regulated activities--Sanctuary-
wide.

* * * * *
    3. In Sec.  922.93, revise paragraph (a) to read as follows:


Sec.  922.93  Permit procedures and criteria.

    (a) A person may conduct an activity prohibited by Sec.  
922.92(a)(1) through (a)(10) and Sec.  922.94 if conducted in 
accordance within the scope, purpose, manner, terms and conditions of a 
permit issued under this section and Sec.  922.48.
* * * * *
    4. Add Sec.  922.94 to Subpart I to read as follows:


Sec.  922.94  Prohibited or otherwise regulated activities--Research 
area.

    In addition to the prohibitions set out in Sec.  922.92, which 
apply throughout the Sanctuary, the following activities are prohibited 
and thus unlawful for any person to conduct or cause to be conducted 
within the research area described in Appendix A to this subpart. The 
exceptions described in Sec.  922.92(a) and (b) also apply to the 
prohibitions in this section:
    (a)(1)(i) Injuring, catching, harvesting, or collecting, or 
attempting to injure, catch, harvest, or collect, any marine organism, 
or any part thereof, living or dead.
    (ii) There shall be a rebuttable presumption that any marine 
organism or part thereof referenced in this paragraph found in the 
possession of a person within the research area has been collected from 
the research area.
    (2) Using any fishing gear or means for fishing, or possessing, or 
carrying any fishing gear or means for fishing unless such gear or 
means is stowed and not available for immediate use while on board a 
vessel transiting through the research area without interruption or for 
valid law enforcement purposes.
    (3) Diving.
    (4) Stopping a vessel in the research area.
    (b) [Reserved]
    5. Add Appendix A to Subpart I to read as follows:

Appendix A to Subpart I of Part 922--Gray's Reef National Marine 
Sanctuary Research Area Boundary Coordinates

[Coordinates listed in this Appendix are unprojected (Geographic) 
and based on the North American Datum of 1983.]

    The research area boundary is defined by the coordinates 
provided in Table 1 and the following textual description. The 
research area boundary extends from Point 1, the southwest corner of 
the sanctuary, to Point 2 along a straight line following the 
western boundary of the Sanctuary. It then extends along a straight 
line from Point 2 to Point 3, which is on the eastern boundary of 
GRNMS. The boundary then follows the eastern boundary line of the 
sanctuary southward until it intersects the line of the southern 
boundary of GRNMS at Point 4, the southeastern corner of the 
sanctuary. The last straight line is defined by connecting Point 4 
and Point 5, along the southern boundary of the GRNMS.

               Table 1--Coordinates for the Research Area
------------------------------------------------------------------------
     Point ID            Latitude (north)           Longitude (west)
------------------------------------------------------------------------
1.................  31.36250 N...............  -80.92111 W
2.................  31.38444 N...............  -80.92111 W
3.................  31.38444 N...............  -80.82806 W
4.................  31.36250 N...............  -80.82806 W
5.................  31.36250 N...............  -80.92111 W
------------------------------------------------------------------------

[FR Doc. 2010-22567 Filed 9-10-10; 11:15 am]
BILLING CODE 3510-NK-P