Boundary Expansion of Thunder Bay National Marine Sanctuary; Correction and Expansion of Fagatele Bay National Marine Sanctuary, Regulatory Changes, and Sanctuary Name Change; Correction, 79681-79684 [2015-32265]
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Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Rules and Regulations
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of the airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it modifies the
air traffic service route structure in the
northwest United States to maintain the
efficient flow of air traffic.
History
In 1990, the FAA published in the
Federal Register a rule that established
J–576 in 14 CFR 75, from the Glasgow,
MT, VOR navigation aid (NAVAID) to
the Medicine Hat, Alberta, Canada, VOR
NAVAID (55 FR 42364, October 19,
1990, FR Doc. 90–24786). This was
corrected to J–477 (55 FR 46940,
November 8, 1990, FR Doc. 90–26388)
and finally, in 1991, part 75 was
transferred to subpart M of 14 CFR 71
(56 FR 65638, December 17, 1991, FR
Doc. 91–29869). The route, extending
through a small portion of airspace over
the northwestern United States, was
established in response to a request
from the Canadian Department of
Transportation to support airway
changes in the Canadian airspace
structure.
On September 30, 2015, the FAA was
notified that Canada was
decommissioning the Medicine Hat
VOR and removing the portion of J–477
within Canada. Since the basis for
which J–477 was originally established
no longer exists, the FAA is removing
the route.
Jet routes are published in paragraph
2004 of FAA Order 7400.9Z dated
August 6, 2015, and effective September
15, 2015, which is incorporated by
reference in 14 CFR 71.1. The jet route
listed in this document will be
subsequently removed in the Order.
The Rule
§ 71.1
The FAA is amending Title 14 of the
Code of Federal Regulations (14 CFR)
part 71 by removing jet route J–477.
This action reflects and accommodates
the route changes made in Canadian
airspace due to the decommissioning of
the Medicine Hat VOR. Therefore,
notice and public procedures under 5
U.S.C. 553(b) are unnecessary.
■
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5–
6.5a. This airspace action is not
expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exists
that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
asabaliauskas on DSK5VPTVN1PROD with RULES
Availability and Summary of
Documents for Incorporation by
Reference
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
This document amends FAA Order
7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015,
and effective September 15, 2015. FAA
Order 7400.9Z is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
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79681
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
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[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting
Points, dated August 6, 2015 and
effective September 15, 2015, is
amended as follows:
Paragraph 2004
Jet Routes
*
*
J–477
*
*
*
[Removed]
Issued in Washington, DC, on December
10, 2015.
Gary A. Norek,
Manager, Airspace Policy Group.
[FR Doc. 2015–31992 Filed 12–22–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 150821762–5762–01]
RIN 0648–BF13
Boundary Expansion of Thunder Bay
National Marine Sanctuary; Correction
and Expansion of Fagatele Bay
National Marine Sanctuary, Regulatory
Changes, and Sanctuary Name
Change; Correction
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Final rule; correcting
amendment.
AGENCY:
NOAA originally published
final rules expanding the boundaries of
Thunder Bay National Marine Sanctuary
(TBNMS) and National Marine
Sanctuary of American Samoa
(NMSAS), and specifying new boundary
coordinates for those sanctuaries, on
September 5, 2014, and July 26, 2012,
respectively. Upon adding the new
boundaries for both sanctuaries to
NOAA nautical charts, NOAA noticed
that some of the coordinates did not
match the description of the boundaries
in the respective final rules. This action
corrects those errors in the coordinates,
and updates the format of the tables of
coordinates for NMSAS. This action
also makes corrections to the boundary
description for the Swains Island unit of
NMSAS and makes a correction to the
use of the term ‘‘mean high high water’’.
This correcting amendment will ensure
proper mapping and enforcement of
TBNMS and NMSAS. This action makes
SUMMARY:
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Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Rules and Regulations
no substantive change to the regulations
and does not expand or otherwise alter
the size or geographic boundaries of the
sanctuaries.
DATES: Effective December 23, 2015.
FOR FURTHER INFORMATION CONTACT:
Helene Scalliet, phone: (301) 713–3125
x281, or email: Helene.Scalliet@
noaa.gov.
SUPPLEMENTARY INFORMATION:
Background and Need for Correction
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Thunder Bay National Marine
Sanctuary
On September 5, 2014, NOAA issued
final regulations expanding the
boundary of Thunder Bay National
Marine Sanctuary (TBNMS) (79 FR
52960). At that time, NOAA published
incorrect coordinates for Point 7 in the
description of the new boundary for
TBNMS, which inadvertently placed the
point a few hundred feet into Canadian
waters. NOAA does not have the
authority to include any foreign waters
into a national marine sanctuary, and
did not intend to do so. This error was
discovered when NOAA began to revise
the nautical charts corresponding to that
area. The new coordinates for Point 7
now correspond with the textual
description of the boundary in the
preamble and the regulations for
TBNMS at 15 CFR 922.190. This change
corrects the coordinates for Point 7 in
appendix A to subpart R of 15 CFR part
922. This is a technical change and
makes no substantive change to the
regulations.
National Marine Sanctuary of American
Samoa
On July 26, 2012, NOAA issued final
regulations expanding the boundary of
National Marine Sanctuary of American
Samoa (NMSAS) (77 FR 43942), with
three technical errors in the boundary
descriptions. This correcting
amendment addresses the three
technical errors, and also updates the
format of the tables of coordinates for
NMSAS, as follows:
1. In the NMSAS regulations
describing the boundary of the
sanctuary (15 CFR 922.101), the
description of the boundaries of the
various units that comprise NMSAS
used the term ‘‘mean high high water.’’
However, the correct term should have
been ‘‘mean higher high water line’’.
This term is defined by NOAA as ‘‘the
average of the higher high water height
of each tidal day observed over the
National Tidal Datum Epoch. For
stations with shorter series, comparison
of simultaneous observations with a
control tide station is made in order to
derive the equivalent datum of the
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Jkt 238001
National Tidal Datum Epoch,’’ as
described online at https://
tidesandcurrents.noaa.gov/datum_
options.html. There is no such term as
‘‘mean high high water’’ in the list of
definitions of various tidal datums
commonly used by NOAA. Accordingly,
this rule replaces the phrase used in the
regulation, ‘‘mean high high water,’’
with the correct phrase, ‘‘mean higher
high water.’’ This change corrects an
error and does not make a substantive
change to the location or scope of the
sanctuary boundary.
2. For two of the five units that
comprise NMSAS, an error was made in
the tables of coordinates in the
appendix to subpart J. The textual
descriptions of the boundary for Zone B
of the Aunu’u Unit (§ 922.101(c)(2)) and
¯
for the Muliava Unit (§ 922.101(e)) state
that the last point is identical to the first
point. However, in the tables of
coordinates the longitude for the last
points referenced in the textual
descriptions—Point 6 in Table 2 and
Point 9 in Table 4—are incorrect. As a
result, the points in the tables of
coordinates in the appendix do not
match the textual descriptions in
§ 922.101(c)(2) and (e). To correct these
errors in the tables, NOAA is inserting
the correct coordinates. Specifically,
NOAA is replacing the figure ‘‘170.551
W’’ with ‘‘–170.496’’ for Point 6 in Table
2, and replacing the figure ‘‘169.12’’
with ‘‘–169.012’’ for Point 9 in Table 4.
These are technical corrections and do
not make substantive changes to the
regulations.
3. NOAA found that the textual
description of the boundary for the
Swains Island Unit (15 CFR 922.101(d))
was unclear in describing the two
discrete excluded areas in the Swains
Island Unit. Therefore, NOAA is
correcting that description to ensure
that the sanctuary boundary is clearly
described. In doing so, NOAA is using
a different method of laying out the
coordinates, which resulted in a larger
number of boundary coordinates in
Table 3 in the appendix for subpart J,
and a need for a new textual description
of the boundaries. The new textual
description and new coordinates do not
change the location or size of the unit
or of the two discrete excluded areas.
This is a technical correction, as the
area included in the sanctuary remains
the same as the one promulgated in the
2012 final rule.
4. Lastly, NOAA is also revising the
format of all of the tables of coordinates
in the appendix to subpart J in order to
update and conform them to the latest
standards for presenting boundary
coordinates for national marine
sanctuaries. Previously, latitude
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coordinates were listed followed by ‘‘S’’
for ‘‘south’’, and longitude coordinates
were listed followed by ‘‘W’’ for ‘‘west’’.
Under the new standard, latitude
coordinates are preceded by ‘‘–’’ for
‘‘south’’, and longitude coordinates are
preceded by ‘‘–’’ for ‘‘west’’. These
revisions to the format of the tables are
consistent with NOAA’s current efforts
to standardize the format for coordinates
across the National Marine Sanctuary
System. The revisions would lessen
confusion arising from the current use
of different standards across the various
sites and make the geographic
coordinates easier for navigators to
write, plot, and read. This is a technical
correction, as the shape, size, and
location of each of the units of NMSAS
described in the tables are not changed
by these revisions and remain the same
as when they were promulgated in the
2012 final rule.
Accordingly, NOAA is publishing this
correcting amendment without notice
and comment. This rule amends:
Appendix A to subpart R for TBNMS;
Tables 1, 2, 3, 4 and 5 in the appendix
to subpart J for NMSAS; and 15 CFR
922.101.
Classification
A. Executive Order 12866: Regulatory
Impact
This final rule has been determined to
be not significant for purposes of the
meaning of Executive Order 12866.
B. Administrative Procedure Act
The Assistant Administrator of NOS
finds good cause pursuant to 5 U.S.C.
553(b)(B) to waive the notice and
comment requirements of the
Administrative Procedure Act because
this amendment is technical in nature,
having no substantive impact. This rule
corrects errors in the description of
sanctuary boundaries for two national
marine sanctuaries in rules previously
submitted to notice and comment
review. The substance of the underlying
regulations remains unchanged.
Therefore, providing notice and
opportunity for public comment under
the Administrative Procedure Act
would serve no useful purpose. The
clarification provided by this correction
will also enable NOAA to fully
implement its statutory responsibilities
under the NMSA to protect resources of
a national marine sanctuary. It would be
contrary to the public interest to delay
implementation of the technical
corrections because they will reduce
any confusion that may exist regarding
the exact coordinates. For the reasons
above, the Assistant Administrator also
finds good cause under 5 U.S.C. 553(d)
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Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Rules and Regulations
to waive the 30-day delay in
effectiveness and make this rule
effective immediately upon publication.
C. National Environmental Policy Act
This correcting amendment contains
only non-substantive, technical
corrections to national marine sanctuary
regulations. NOAA previously
conducted environmental analyses
under NEPA as part of the rulemaking
process leading to the regulations being
corrected by this action. Since this
correcting amendment is technical in
nature, and will not have a significant
effect on the human environment,
NOAA has determined that the
requirements for an environmental
analysis under NEPA do not apply to
this action.
Dated: December 17, 2015.
W. Russell Callender,
Acting Assistant Administrator for Ocean
Services and Coastal Zone Management.
List of Subjects in 15 CFR Part 922
Administrative practice and
procedure, Coastal zone, Education,
Environmental protection, Fishing gear,
Marine resources, Natural resources,
Penalties, Recreation and recreation
areas, Reporting and recordkeeping
requirements, Research, Wildlife.
Accordingly, for the reasons set out in
the preamble, 15 CFR part 922 is
corrected by making the following
correcting amendments:
PART 922—NATIONAL MARINE
SANCTUARY PROGRAM
REGULATIONS
3. Revise appendix to subpart J of part
922 to read as follows:
■
Appendix to Subpart J of Part 922—
American Samoa National Marine
Sanctuary Boundary Coordinates
[Coordinates listed in this appendix are
unprojected (Geographic) and based on the
North American Datum of 1983.]
1. The authority citation for part 922
continues to read as follows:
■
(a) Fagatele Bay
No coordinates are needed in addition to
those described in § 922.101(a).
Authority: 16 U.S.C. 1431 et seq.
2. In § 922.101:
a. Amend paragraphs (a), (b), (c)(1)
and (2), and (f) by removing the words
‘‘mean high high water line’’ and adding
in their place ‘‘mean higher high water
line’’ wherever they appear; and
■ b. Revise paragraph (d).
The revision reads as follows:
■
■
§ 922.101
island to Point 33. The landward
boundary of the Swains Island Unit is
the mean higher high water line and
begins on the northern shoreline of the
island and follows the shoreline
counterclockwise initially to the west
until it intersects the line segment
between Point 34 and 35. From this
intersection the boundary continues
offshore to the northwest to Point 35
and then to Point 36 and Point 37. From
Point 37 the boundary continues eastnortheast towards Point 38 until it
intersects the shoreline. From this
intersection the boundary follows the
shoreline southeast around the
southernmost part of the island and
then to the northeast until it intersects
the line segment between Point 39 and
Point 40. From this intersection the
boundary continues offshore to the
southeast to Point 40 and then to the
northeast to Point 41. From Point 41 the
boundary continues to the northwest
towards Point 42 until it intersects the
shoreline. From this intersection the
boundary follows the shoreline initially
to the northeast around the island
counterclockwise and then to the
northwest back to where it began on the
northern shoreline.
*
*
*
*
*
(b) Fagalua/Fogama’a
No coordinates are needed in addition to
those described in § 922.101(b).
(c) Aunu’u (Zones A, B)
The Aunu’u Unit is comprised of two
adjacent zones, described in § 922.101(c), for
which the point coordinates are provided in
following tables 1 and 2.
Boundary.
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*
*
*
*
(d) Swains Island Unit. The Swains
Island Unit boundary is defined by the
coordinates in Table 3 and the following
textual description. The seaward
boundary of the Swains Island Unit
approximates the three nautical mile
territorial sea boundary from the mean
higher high water line (shoreline) of the
island. The seaward boundary begins
south of the island at Point 1 and
continues initially to the west in
sequential order clockwise around the
TABLE 1—COORDINATES FOR THE
AUNU’U UNIT, ZONE A
*
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16:43 Dec 22, 2015
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Point ID
1
2
3
4
5
6
7
...................
...................
...................
...................
...................
...................
...................
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Frm 00029
Latitude
(south)
¥14.286
¥14.304
¥14.302
¥14.286
¥14.286
¥14.286
¥14.286
Fmt 4700
Longitude
(west)
¥170.577
¥170.577
¥170.566
¥170.533
¥170.546
¥170.562
¥170.577
Sfmt 4700
79683
TABLE 2—COORDINATES FOR THE
AUNU’U UNIT, ZONE B
Latitude
(south)
Point ID
1
2
3
4
5
6
...................
...................
...................
...................
...................
...................
¥14.270
¥14.286
¥14.286
¥14.280
¥14.270
¥14.270
Longitude
(west)
¥170.496
¥170.496
¥170.546
¥170.550
¥170.550
¥170.496
(d) Swains Island
The Swains Island Unit boundary is
defined by the coordinates provided in Table
3 and the textual description in § 922.101(d).
TABLE 3—COORDINATES FOR THE
SWAINS ISLAND UNIT
Point ID
1 ...................
2 ...................
3 ...................
4 ...................
5 ...................
6 ...................
7 ...................
8 ...................
9 ...................
10 .................
11 .................
12 .................
13 .................
14 .................
15 .................
16 .................
17 .................
18 .................
19 .................
20 .................
21 .................
22 .................
23 .................
24 .................
25 .................
26 .................
27 .................
28 .................
29 .................
30 .................
31 .................
32 .................
33 .................
34 .................
35 .................
36 .................
37 .................
38 .................
39 .................
40 .................
41 .................
42 .................
Latitude
(south)
¥11.11457
¥11.11565
¥11.11422
¥11.11005
¥11.10388
¥11.09533
¥11.08375
¥11.07268
¥11.06112
¥11.04880
¥11.03618
¥11.02673
¥11.01853
¥11.01010
¥11.00402
¥11.00083
¥10.99817
¥10.99783
¥10.99983
¥11.00373
¥11.00955
¥11.01752
¥11.02703
¥11.03763
¥11.04812
¥11.05860
¥11.06860
¥11.07957
¥11.08850
¥11.09637
¥11.10637
¥11.11122
¥11.11457
¥11.05188
¥11.04856
¥11.05487
¥11.06024
¥11.05848
¥11.06369
¥11.06741
¥11.06217
¥11.05836
Longitude
(west)
¥171.06870
¥171.07980
¥171.09248
¥171.10445
¥171.11445
¥171.12392
¥171.13272
¥171.13775
¥171.14042
¥171.14067
¥171.13800
¥171.13367
¥171.12773
¥171.11828
¥171.10710
¥171.09728
¥171.08305
¥171.06825
¥171.05732
¥171.04790
¥171.03862
¥171.02985
¥171.02290
¥171.01805
¥171.01558
¥171.01527
¥171.01695
¥171.02133
¥171.02727
¥171.03502
¥171.04840
¥171.05753
¥171.06870
¥171.08921
¥171.09269
¥171.09445
¥171.09283
¥171.08824
¥171.07618
¥171.07364
¥171.06622
¥171.06879
¯
(e) Muliava
¯
The Muliava Unit boundary is defined by
the coordinates provided in Table 4 and the
textual description in § 922.101(e).
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TABLE 4—COORDINATES FOR THE
¯
MULIAVA UNIT
Latitude
(south)
Point ID
1
2
3
4
5
6
7
8
9
Longitude
(west)
¥15.387
¥14.271
¥14.271
¥14.150
¥14.150
¥13.698
¥13.698
¥15.387
¥15.387
...................
...................
...................
...................
...................
...................
...................
...................
...................
¥169.012
¥169.012
¥169.121
¥169.121
¥169.012
¥169.012
¥167.283
¥167.283
¥169.012
Background
(f) Ta’u Unit
The Ta’u Unit boundary is defined by the
coordinates provided in Table 5 and the
textual description in § 922.101(f).
TABLE 5—COORDINATES FOR THE TA’U
UNIT
Latitude
(south)
Point ID
1
2
3
4
5
6
7
8
..................
..................
..................
..................
..................
..................
..................
..................
¥14.24889
¥14.273056
¥14.277222
¥14.261111
¥14.293889
¥14.293889
¥14.24889
¥14.24889
Longitude
(west)
¥169.503056
¥169.488056
¥169.488056
¥169.429167
¥169.429167
¥169.519722
¥169.519722
¥169.503056
Appendix A to Subpart R of Part 922
[Amended]
4. In appendix A to subpart R of part
922, amend the table by removing the
figure ‘‘¥83.584432’’ for the longitude
of Point 7 and adding in its place
‘‘¥83.586892’’.
■
[FR Doc. 2015–32265 Filed 12–22–15; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9746]
RIN 1545–BL44
Payout Requirements for Type III
Supporting Organizations That Are Not
Functionally Integrated
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations and removal of
temporary regulations.
asabaliauskas on DSK5VPTVN1PROD with RULES
AGENCY:
This document contains final
regulations regarding the distribution
requirement for non-functionally
integrated Type III supporting
organizations. The regulations reflect
changes to the law made by the Pension
SUMMARY:
VerDate Sep<11>2014
16:43 Dec 22, 2015
Jkt 238001
Protection Act of 2006. The regulations
will affect non-functionally integrated
Type III supporting organizations and
their supported organizations.
DATES: Effective Date: These regulations
are effective on December 21, 2015.
FOR FURTHER INFORMATION CONTACT:
Jonathan Carter at (202) 317–4394 or
Mike Repass at (202) 317–6176 (not tollfree numbers).
SUPPLEMENTARY INFORMATION:
1. Overview
This document contains amendments
to the Income Tax Regulations (26 CFR
part 1) regarding organizations
described in section 509(a)(3) of the
Internal Revenue Code (Code). An
organization described in section
501(c)(3) is classified as either a private
foundation or a public charity. To be
classified as a public charity, an
organization must be described in
section 509(a)(1), (2), or (3).
Organizations described in section
509(a)(3) are known as ‘‘supporting
organizations.’’ Supporting
organizations achieve their public
charity status by supporting one or more
organizations described in section
509(a)(1) or (2), which in this context
are referred to as ‘‘supported
organizations.’’
To be described in section 509(a)(3),
an organization must satisfy (1) an
organizational test, (2) an operational
test, (3) a relationship test, and (4) a
disqualified person control test. The
organizational and operational tests
require that a supporting organization
be organized and at all times thereafter
operated exclusively for the benefit of,
to perform the functions of, or to carry
out the purposes of one or more
supported organizations. The
relationship test requires a supporting
organization to establish one of three
types of relationships with one or more
supported organizations. Finally, the
disqualified person control test requires
that a supporting organization not be
controlled directly or indirectly by
certain disqualified persons.
Each of the described tests is a
necessary requirement for an
organization to establish that it qualifies
as a supporting organization. These final
regulations, however, focus primarily on
the relationship test for supporting
organizations that are ‘‘operated in
connection with’’ their supporting
organization(s), otherwise known as
‘‘Type III’’ supporting organizations.
Specifically, the final regulations reflect
statutory changes enacted by the
Pension Protection Act of 2006, Public
Law 109–280 (120 Stat. 780 (2006)
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Fmt 4700
Sfmt 4700
(PPA)). Section 1241(d)(1) of the PPA
directed the Secretary of the Treasury to
promulgate regulations under section
509 that establish a new distribution
requirement for Type III supporting
organizations that are not ‘‘functionally
integrated’’ to ensure that a ‘‘significant
amount’’ is paid to supported
organizations. For this purpose, the term
‘‘functionally integrated’’ means a Type
III supporting organization that is not
required under Treasury regulations to
make payments to supported
organizations because the supporting
organization engages in activities that
relate to performing the functions of, or
carrying out the purposes of, its
supported organization(s). These final
regulations address the amount that a
Type III supporting organization that is
not functionally integrated (a nonfunctionally integrated (NFI) Type III
supporting organization) must annually
distribute to its supported
organization(s).
2. Prior Rulemaking
On August 2, 2007, the Treasury
Department and the IRS published in
the Federal Register (72 FR 42335) an
advance notice of proposed rulemaking
(ANPRM) (REG–155929–06) in response
to the PPA. The ANPRM described
proposed rules to implement the
changes made by the PPA to the Type
III supporting organization requirements
and solicited comments regarding those
proposed rules.
On September 24, 2009, the Treasury
Department and the IRS published in
the Federal Register (74 FR 48672) a
notice of proposed rulemaking (the 2009
NPRM) (REG–155929–06). The 2009
NPRM contained proposed regulations
(the 2009 proposed regulations) setting
forth the requirements to qualify as a
Type III supporting organization under
the PPA.
On December 28, 2012, the Treasury
Department and the IRS published in
the Federal Register (77 FR 76382) a
Treasury decision (TD 9605) containing
final and temporary regulations (the
2012 TD) regarding the requirements to
qualify as a Type III supporting
organization. Based on the comments
received, the 2012 TD made certain
changes to the rules proposed in the
2009 NPRM, included in the temporary
regulations significant changes to the
distribution requirement, and reserved
certain topics for further consideration.
The 2012 TD was effective and
applicable on December 28, 2012. The
applicability of the temporary
regulations expires on or before
December 21, 2015. On December 28,
2012, the Treasury Department and the
IRS also published in the Federal
E:\FR\FM\23DER1.SGM
23DER1
]]>Agencies
[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Rules and Regulations]
[Pages 79681-79684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32265]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 150821762-5762-01]
RIN 0648-BF13
Boundary Expansion of Thunder Bay National Marine Sanctuary;
Correction and Expansion of Fagatele Bay National Marine Sanctuary,
Regulatory Changes, and Sanctuary Name Change; Correction
AGENCY: Office of National Marine Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: NOAA originally published final rules expanding the boundaries
of Thunder Bay National Marine Sanctuary (TBNMS) and National Marine
Sanctuary of American Samoa (NMSAS), and specifying new boundary
coordinates for those sanctuaries, on September 5, 2014, and July 26,
2012, respectively. Upon adding the new boundaries for both sanctuaries
to NOAA nautical charts, NOAA noticed that some of the coordinates did
not match the description of the boundaries in the respective final
rules. This action corrects those errors in the coordinates, and
updates the format of the tables of coordinates for NMSAS. This action
also makes corrections to the boundary description for the Swains
Island unit of NMSAS and makes a correction to the use of the term
``mean high high water''. This correcting amendment will ensure proper
mapping and enforcement of TBNMS and NMSAS. This action makes
[[Page 79682]]
no substantive change to the regulations and does not expand or
otherwise alter the size or geographic boundaries of the sanctuaries.
DATES: Effective December 23, 2015.
FOR FURTHER INFORMATION CONTACT: Helene Scalliet, phone: (301) 713-3125
x281, or email: Helene.Scalliet@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background and Need for Correction
Thunder Bay National Marine Sanctuary
On September 5, 2014, NOAA issued final regulations expanding the
boundary of Thunder Bay National Marine Sanctuary (TBNMS) (79 FR
52960). At that time, NOAA published incorrect coordinates for Point 7
in the description of the new boundary for TBNMS, which inadvertently
placed the point a few hundred feet into Canadian waters. NOAA does not
have the authority to include any foreign waters into a national marine
sanctuary, and did not intend to do so. This error was discovered when
NOAA began to revise the nautical charts corresponding to that area.
The new coordinates for Point 7 now correspond with the textual
description of the boundary in the preamble and the regulations for
TBNMS at 15 CFR 922.190. This change corrects the coordinates for Point
7 in appendix A to subpart R of 15 CFR part 922. This is a technical
change and makes no substantive change to the regulations.
National Marine Sanctuary of American Samoa
On July 26, 2012, NOAA issued final regulations expanding the
boundary of National Marine Sanctuary of American Samoa (NMSAS) (77 FR
43942), with three technical errors in the boundary descriptions. This
correcting amendment addresses the three technical errors, and also
updates the format of the tables of coordinates for NMSAS, as follows:
1. In the NMSAS regulations describing the boundary of the
sanctuary (15 CFR 922.101), the description of the boundaries of the
various units that comprise NMSAS used the term ``mean high high
water.'' However, the correct term should have been ``mean higher high
water line''. This term is defined by NOAA as ``the average of the
higher high water height of each tidal day observed over the National
Tidal Datum Epoch. For stations with shorter series, comparison of
simultaneous observations with a control tide station is made in order
to derive the equivalent datum of the National Tidal Datum Epoch,'' as
described online at https://tidesandcurrents.noaa.gov/datum_options.html. There is no such term as ``mean high high water''
in the list of definitions of various tidal datums commonly used by
NOAA. Accordingly, this rule replaces the phrase used in the
regulation, ``mean high high water,'' with the correct phrase, ``mean
higher high water.'' This change corrects an error and does not make a
substantive change to the location or scope of the sanctuary boundary.
2. For two of the five units that comprise NMSAS, an error was made
in the tables of coordinates in the appendix to subpart J. The textual
descriptions of the boundary for Zone B of the Aunu'u Unit (Sec.
922.101(c)(2)) and for the Muli[amacr]va Unit (Sec. 922.101(e)) state
that the last point is identical to the first point. However, in the
tables of coordinates the longitude for the last points referenced in
the textual descriptions--Point 6 in Table 2 and Point 9 in Table 4--
are incorrect. As a result, the points in the tables of coordinates in
the appendix do not match the textual descriptions in Sec.
922.101(c)(2) and (e). To correct these errors in the tables, NOAA is
inserting the correct coordinates. Specifically, NOAA is replacing the
figure ``170.551 W'' with ``-170.496'' for Point 6 in Table 2, and
replacing the figure ``169.12'' with ``-169.012'' for Point 9 in Table
4. These are technical corrections and do not make substantive changes
to the regulations.
3. NOAA found that the textual description of the boundary for the
Swains Island Unit (15 CFR 922.101(d)) was unclear in describing the
two discrete excluded areas in the Swains Island Unit. Therefore, NOAA
is correcting that description to ensure that the sanctuary boundary is
clearly described. In doing so, NOAA is using a different method of
laying out the coordinates, which resulted in a larger number of
boundary coordinates in Table 3 in the appendix for subpart J, and a
need for a new textual description of the boundaries. The new textual
description and new coordinates do not change the location or size of
the unit or of the two discrete excluded areas. This is a technical
correction, as the area included in the sanctuary remains the same as
the one promulgated in the 2012 final rule.
4. Lastly, NOAA is also revising the format of all of the tables of
coordinates in the appendix to subpart J in order to update and conform
them to the latest standards for presenting boundary coordinates for
national marine sanctuaries. Previously, latitude coordinates were
listed followed by ``S'' for ``south'', and longitude coordinates were
listed followed by ``W'' for ``west''. Under the new standard, latitude
coordinates are preceded by ``-'' for ``south'', and longitude
coordinates are preceded by ``-'' for ``west''. These revisions to the
format of the tables are consistent with NOAA's current efforts to
standardize the format for coordinates across the National Marine
Sanctuary System. The revisions would lessen confusion arising from the
current use of different standards across the various sites and make
the geographic coordinates easier for navigators to write, plot, and
read. This is a technical correction, as the shape, size, and location
of each of the units of NMSAS described in the tables are not changed
by these revisions and remain the same as when they were promulgated in
the 2012 final rule.
Accordingly, NOAA is publishing this correcting amendment without
notice and comment. This rule amends: Appendix A to subpart R for
TBNMS; Tables 1, 2, 3, 4 and 5 in the appendix to subpart J for NMSAS;
and 15 CFR 922.101.
Classification
A. Executive Order 12866: Regulatory Impact
This final rule has been determined to be not significant for
purposes of the meaning of Executive Order 12866.
B. Administrative Procedure Act
The Assistant Administrator of NOS finds good cause pursuant to 5
U.S.C. 553(b)(B) to waive the notice and comment requirements of the
Administrative Procedure Act because this amendment is technical in
nature, having no substantive impact. This rule corrects errors in the
description of sanctuary boundaries for two national marine sanctuaries
in rules previously submitted to notice and comment review. The
substance of the underlying regulations remains unchanged. Therefore,
providing notice and opportunity for public comment under the
Administrative Procedure Act would serve no useful purpose. The
clarification provided by this correction will also enable NOAA to
fully implement its statutory responsibilities under the NMSA to
protect resources of a national marine sanctuary. It would be contrary
to the public interest to delay implementation of the technical
corrections because they will reduce any confusion that may exist
regarding the exact coordinates. For the reasons above, the Assistant
Administrator also finds good cause under 5 U.S.C. 553(d)
[[Page 79683]]
to waive the 30-day delay in effectiveness and make this rule effective
immediately upon publication.
C. National Environmental Policy Act
This correcting amendment contains only non-substantive, technical
corrections to national marine sanctuary regulations. NOAA previously
conducted environmental analyses under NEPA as part of the rulemaking
process leading to the regulations being corrected by this action.
Since this correcting amendment is technical in nature, and will not
have a significant effect on the human environment, NOAA has determined
that the requirements for an environmental analysis under NEPA do not
apply to this action.
Dated: December 17, 2015.
W. Russell Callender,
Acting Assistant Administrator for Ocean Services and Coastal Zone
Management.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Education,
Environmental protection, Fishing gear, Marine resources, Natural
resources, Penalties, Recreation and recreation areas, Reporting and
recordkeeping requirements, Research, Wildlife.
Accordingly, for the reasons set out in the preamble, 15 CFR part
922 is corrected by making the following correcting amendments:
PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS
0
1. The authority citation for part 922 continues to read as follows:
Authority: 16 U.S.C. 1431 et seq.
0
2. In Sec. 922.101:
0
a. Amend paragraphs (a), (b), (c)(1) and (2), and (f) by removing the
words ``mean high high water line'' and adding in their place ``mean
higher high water line'' wherever they appear; and
0
b. Revise paragraph (d).
The revision reads as follows:
Sec. 922.101 Boundary.
* * * * *
(d) Swains Island Unit. The Swains Island Unit boundary is defined
by the coordinates in Table 3 and the following textual description.
The seaward boundary of the Swains Island Unit approximates the three
nautical mile territorial sea boundary from the mean higher high water
line (shoreline) of the island. The seaward boundary begins south of
the island at Point 1 and continues initially to the west in sequential
order clockwise around the island to Point 33. The landward boundary of
the Swains Island Unit is the mean higher high water line and begins on
the northern shoreline of the island and follows the shoreline
counterclockwise initially to the west until it intersects the line
segment between Point 34 and 35. From this intersection the boundary
continues offshore to the northwest to Point 35 and then to Point 36
and Point 37. From Point 37 the boundary continues east-northeast
towards Point 38 until it intersects the shoreline. From this
intersection the boundary follows the shoreline southeast around the
southernmost part of the island and then to the northeast until it
intersects the line segment between Point 39 and Point 40. From this
intersection the boundary continues offshore to the southeast to Point
40 and then to the northeast to Point 41. From Point 41 the boundary
continues to the northwest towards Point 42 until it intersects the
shoreline. From this intersection the boundary follows the shoreline
initially to the northeast around the island counterclockwise and then
to the northwest back to where it began on the northern shoreline.
* * * * *
0
3. Revise appendix to subpart J of part 922 to read as follows:
Appendix to Subpart J of Part 922--American Samoa National Marine
Sanctuary Boundary Coordinates
[Coordinates listed in this appendix are unprojected
(Geographic) and based on the North American Datum of 1983.]
(a) Fagatele Bay
No coordinates are needed in addition to those described in
Sec. 922.101(a).
(b) Fagalua/Fogama'a
No coordinates are needed in addition to those described in
Sec. 922.101(b).
(c) Aunu'u (Zones A, B)
The Aunu'u Unit is comprised of two adjacent zones, described in
Sec. 922.101(c), for which the point coordinates are provided in
following tables 1 and 2.
Table 1--Coordinates for the Aunu'u Unit, Zone A
------------------------------------------------------------------------
Latitude Longitude
Point ID (south) (west)
------------------------------------------------------------------------
1................................... -14.286 -170.577
2................................... -14.304 -170.577
3................................... -14.302 -170.566
4................................... -14.286 -170.533
5................................... -14.286 -170.546
6................................... -14.286 -170.562
7................................... -14.286 -170.577
------------------------------------------------------------------------
Table 2--Coordinates for the Aunu'u Unit, Zone B
------------------------------------------------------------------------
Latitude Longitude
Point ID (south) (west)
------------------------------------------------------------------------
1................................... -14.270 -170.496
2................................... -14.286 -170.496
3................................... -14.286 -170.546
4................................... -14.280 -170.550
5................................... -14.270 -170.550
6................................... -14.270 -170.496
------------------------------------------------------------------------
(d) Swains Island
The Swains Island Unit boundary is defined by the coordinates
provided in Table 3 and the textual description in Sec. 922.101(d).
Table 3--Coordinates for the Swains Island Unit
------------------------------------------------------------------------
Latitude Longitude
Point ID (south) (west)
------------------------------------------------------------------------
1................................... -11.11457 -171.06870
2................................... -11.11565 -171.07980
3................................... -11.11422 -171.09248
4................................... -11.11005 -171.10445
5................................... -11.10388 -171.11445
6................................... -11.09533 -171.12392
7................................... -11.08375 -171.13272
8................................... -11.07268 -171.13775
9................................... -11.06112 -171.14042
10.................................. -11.04880 -171.14067
11.................................. -11.03618 -171.13800
12.................................. -11.02673 -171.13367
13.................................. -11.01853 -171.12773
14.................................. -11.01010 -171.11828
15.................................. -11.00402 -171.10710
16.................................. -11.00083 -171.09728
17.................................. -10.99817 -171.08305
18.................................. -10.99783 -171.06825
19.................................. -10.99983 -171.05732
20.................................. -11.00373 -171.04790
21.................................. -11.00955 -171.03862
22.................................. -11.01752 -171.02985
23.................................. -11.02703 -171.02290
24.................................. -11.03763 -171.01805
25.................................. -11.04812 -171.01558
26.................................. -11.05860 -171.01527
27.................................. -11.06860 -171.01695
28.................................. -11.07957 -171.02133
29.................................. -11.08850 -171.02727
30.................................. -11.09637 -171.03502
31.................................. -11.10637 -171.04840
32.................................. -11.11122 -171.05753
33.................................. -11.11457 -171.06870
34.................................. -11.05188 -171.08921
35.................................. -11.04856 -171.09269
36.................................. -11.05487 -171.09445
37.................................. -11.06024 -171.09283
38.................................. -11.05848 -171.08824
39.................................. -11.06369 -171.07618
40.................................. -11.06741 -171.07364
41.................................. -11.06217 -171.06622
42.................................. -11.05836 -171.06879
------------------------------------------------------------------------
(e) Muli[amacr]va
The Muli[amacr]va Unit boundary is defined by the coordinates
provided in Table 4 and the textual description in Sec. 922.101(e).
[[Page 79684]]
Table 4--Coordinates for the Muli[amacr]va Unit
------------------------------------------------------------------------
Latitude Longitude
Point ID (south) (west)
------------------------------------------------------------------------
1................................... -15.387 -169.012
2................................... -14.271 -169.012
3................................... -14.271 -169.121
4................................... -14.150 -169.121
5................................... -14.150 -169.012
6................................... -13.698 -169.012
7................................... -13.698 -167.283
8................................... -15.387 -167.283
9................................... -15.387 -169.012
------------------------------------------------------------------------
(f) Ta'u Unit
The Ta'u Unit boundary is defined by the coordinates provided in
Table 5 and the textual description in Sec. 922.101(f).
Table 5--Coordinates for the Ta'u Unit
------------------------------------------------------------------------
Latitude
Point ID (south) Longitude (west)
------------------------------------------------------------------------
1................................... -14.24889 -169.503056
2................................... -14.273056 -169.488056
3................................... -14.277222 -169.488056
4................................... -14.261111 -169.429167
5................................... -14.293889 -169.429167
6................................... -14.293889 -169.519722
7................................... -14.24889 -169.519722
8................................... -14.24889 -169.503056
------------------------------------------------------------------------
Appendix A to Subpart R of Part 922 [Amended]
0
4. In appendix A to subpart R of part 922, amend the table by removing
the figure ``-83.584432'' for the longitude of Point 7 and adding in
its place ``-83.586892''.
[FR Doc. 2015-32265 Filed 12-22-15; 8:45 am]
BILLING CODE 3510-NK-P
