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]

Download as PDF 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 VerDate Sep<11>2014 16:43 Dec 22, 2015 Jkt 238001 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. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 [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: E:\FR\FM\23DER1.SGM 23DER1 79682 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 asabaliauskas on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:43 Dec 22, 2015 Jkt 238001 National Tidal Datum Epoch,’’ as described online at http:// 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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) E:\FR\FM\23DER1.SGM 23DER1 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. asabaliauskas on DSK5VPTVN1PROD with RULES * * * * (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 * VerDate Sep<11>2014 16:43 Dec 22, 2015 Jkt 238001 Point ID 1 2 3 4 5 6 7 ................... ................... ................... ................... ................... ................... ................... PO 00000 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). E:\FR\FM\23DER1.SGM 23DER1 79684 Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Rules and Regulations 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) PO 00000 Frm 00030 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 http://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