Endangered and Threatened Species; Designation of Critical Habitat for Threatened Caribbean Corals; Correcting Amendment, 19511-19512 [2024-05795]

Download as PDF Federal Register / Vol. 89, No. 54 / Tuesday, March 19, 2024 / Rules and Regulations establish Class E airspace at Flying Joseph Ranch Airport, May, ID. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. 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. Incorporation by Reference The Class E5 airspace designation is published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA Order JO 7400.11H is publicly available as listed in the ADDRESSES section of this document. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. Environmental Review ddrumheller on DSK120RN23PROD with RULES1 The Rule This action amends 14 CFR part 71 by establishing Class E airspace extending upward from 700 feet above the surface at Flying Joseph Ranch Airport, May, ID, in support of the airport’s transition from VFR to IFR operations. The airspace extends 11.3 miles northwest and 4.5 miles southeast of the airport reference point to contain departing and missed approach IFR operations until reaching 1,200 feet above the surface on the Runway (RWY) 11 YOYYU ONE DEPARTURE (OBSTACLE) (Area Navigation [RNAV]), RWY 29 ZAROD ONE DEPARTURE (RNAV), and RNAV (Global Positioning System [GPS]) M RWY 11 missed approach. Additionally, this airspace contains arriving IFR operations below 1,500 feet above the surface on the RNAV (GPS) M RWY 11 approach. This action will support the safety and management of IFR operations at the airport. 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 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 VerDate Sep<11>2014 15:50 Mar 18, 2024 Jkt 262001 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 5–6.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR 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. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows: ■ Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ANM ID E5 May, ID [New] Flying Joseph Ranch Airport, ID (Lat. 44°26′38″ N, long. 113°46′30″ W) That airspace extending upward from 700 feet above the surface within a 4-mile radius of the airport, and within 2.6 miles southwest and 2.2 miles northeast of the 311° bearing extending from the 4-mile arc to 11.3 miles northwest, and within 1.9 miles either side of the 129° bearing extending from the 4-mile arc to 4.5 miles southeast. * PO 00000 * * Frm 00015 * Fmt 4700 * Sfmt 4700 19511 Issued in Des Moines, Washington, on March 13, 2024. B.G. Chew, Group Manager, Operations Support Group, Western Service Center. [FR Doc. 2024–05749 Filed 3–18–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 226 [Docket No. 240312–0079] RIN 0648–BG26 Endangered and Threatened Species; Designation of Critical Habitat for Threatened Caribbean Corals; Correcting Amendment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. AGENCY: NMFS corrects an error in the final rule designating critical habitat for threatened Caribbean corals that published in the Federal Register on August 9, 2023. The final rule incorrectly identified the northern geographic extent of critical habitat designated for Orbicella franksi as St. Lucie Inlet, Martin County, Florida in the ‘‘Table of the Locations of the Critical Habitat Units for Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus, and Mycetophyllia ferox,’’ codified at 50 CFR 266.230(b) and in Table 4 of the Critical Habitat Unit Descriptions in the preamble of the rule. This correcting amendment fixes that error by revising the description of the geographic extent of the OFRA–1 Unit to refer to Lake Worth Inlet, Palm Beach County, Florida. SUMMARY: This rule is effective on March 19, 2024. ADDRESSES: Information regarding this final rule correction can be found on the NMFS website at: https:// www.fisheries.noaa.gov/action/finalrule-designate-critical-habitatthreatened-caribbean-corals. FOR FURTHER INFORMATION CONTACT: Jennifer Moore, NMFS, SERO, 727–824– 5312, Jennifer.Moore@noaa.gov; Heather Austin, NMFS, Office of Protected Resources, 301–427–8422, Heather.Austin@noaa.gov. SUPPLEMENTARY INFORMATION: DATES: E:\FR\FM\19MRR1.SGM 19MRR1 19512 Federal Register / Vol. 89, No. 54 / Tuesday, March 19, 2024 / Rules and Regulations Need for Correction In the final rule designating critical habitat for the threatened Caribbean corals (88 FR 54026, August 9, 2023), NMFS inaccurately identified the northern geographic extent of Orbicella franksi as St. Lucie Inlet, Martin County, Florida in Table 2 of 50 CFR 226.230(b) and in Table 4 of the Critical Habitat Unit Descriptions in the preamble of the rule. The species has never occurred north of Lake Worth Inlet, Palm Beach County, Florida. The reference to St. Lucie Inlet, Martin County, Florida was an accidental conflation (i.e., copy/paste error) with its sister species, Orbicella faveolata. The correct geographic extent of the OFRA–1 Unit is Lake Worth Inlet, Palm Beach County, Florida, as stated in Figure 13 of 50 CFR 226.230(f) (i.e., the map of the OFRA–1 Unit). The correct geographic extent is also stated in Table 1 of 50 CFR 226.230(a) as extending only to Palm Beach County. As directed by 50 CFR 424.12(c), each critical habitat area will be shown on a map, with more-detailed information discussed in the preamble of the rulemaking documents published in the Federal Register. Textual information may be included for purposes of clarifying or refining the location and boundaries of each area or to explain the exclusion of sites (e.g., paved roads, buildings) within the mapped area. Each area will be referenced to the State(s), county(ies), or other local government units within which all or part of the critical habitat is located. Unless otherwise indicated within the critical habitat descriptions, the names of the State(s) and county(ies) are provided for informational purposes only and do not constitute the boundaries of the area. As noted above, the map of this unit at 50 CFR 226.230(f), which is the regulatory designation, correctly identifies the northern extent of the species. The references to the State (Florida) and county (Palm Beach) are also correct in Table 1 of 50 CFR 226.230(a). Thus, NMFS corrects the information in Table 2 that identifies the geographic extent of O. franksi to refer to Lake Worth Inlet instead of St. Lucie Inlet. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA, finds good cause to waive prior notice and opportunity for additional public comment because it would be unnecessary and contrary to the public interest. This correcting amendment corrects the identification of the geographic extent of one of the units of critical habitat for O. franksi. The public was provided prior notice and comment on the proposed designation, which correctly identified the boundary of the critical habitat unit for O. franksi in Table 1 of the preamble, in Table 1 at 50 CFR 266.230(a), and in the map of the unit (Figure 13 of 50 CFR 226.230(f)), which is the regulatory designation. No comments were received about this boundary. Therefore, providing prior notice and opportunity for public comment on this correction to Table 2 at 50 CFR 226.230(b) is unnecessary and contrary to the public interest because this is a nonsubstantive change and retaining the inconsistent and incorrect information may cause confusion. For the reasons stated above, the Assistant Administrator also finds good cause, pursuant to 5 U.S.C. 553(d), to waive the 30-day delay in effective date for this correction amendment (i.e., it is unnecessary and contrary to the public interest since it is a non-substantive change, the public was provided prior notice and comment on the proposed designation which correctly identified the boundary of the critical habitat unit for O. franksi in Table 1 of the preamble, in Table 1 at 50 CFR 266.230(a), and in the map of the unit (Figure 13 of 50 CFR 226.230(f)), which is the regulatory designation, and no comments were received about this boundary). Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. Accordingly, no Regulatory Flexibility Analysis is required and none has been prepared. List of Subjects in 50 CFR Part 226 Endangered and threatened species. Dated: March 14, 2024. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS amends 50 CFR part 226 as follows: PART 226—DESIGNATED CRITICAL HABITAT 1. The authority citation for part 226 continues to read as follows: ■ Authority: 16 U.S.C. 1533. 2. In § 226.230 (b), under the subheading ‘‘Orbicella franksi’’, revise the table entry for OFRA–1 to read as follows: ■ § 226.230 Critical habitat for the Caribbean Boulder Star Coral (Orbicella franksi), Lobed Star Coral (O. annularis), Mountainous Star Coral (O. faveolata), Pillar Coral (Dendrogyra cylindrus), and Rough Cactus Coral (Mycetophyllia ferox). * * * (b) * * * * * TABLE 2 TO PARAGRAPH (b)—TABLE OF THE LOCATIONS OF THE CRITICAL HABITAT UNITS FOR ORBICELLA FRANKSI, O. ANNULARIS, O. FAVEOLATA, DENDROGYRA CYLINDRUS, AND MYCETOPHYLLIA FEROX Species Critical habitat unit name Location Geographic extent Orbicella franksi ............ OFRA–1 ............ Florida .................. Lake Worth Inlet, Palm Beach County to Government Cut, Miami-Dade County. Government Cut, Miami-Dade County to Dry Tortugas ........................... Florida .................. ddrumheller on DSK120RN23PROD with RULES1 * * * * * * * * * Water depth range * * [FR Doc. 2024–05795 Filed 3–18–24; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 15:50 Mar 18, 2024 Jkt 262001 PO 00000 Frm 00016 Fmt 4700 Sfmt 9990 E:\FR\FM\19MRR1.SGM 19MRR1 2–40 m (6.5–131 ft). 0.5–40 m (1.6–131 ft). *

Agencies

[Federal Register Volume 89, Number 54 (Tuesday, March 19, 2024)]
[Rules and Regulations]
[Pages 19511-19512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05795]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 240312-0079]
RIN 0648-BG26


Endangered and Threatened Species; Designation of Critical 
Habitat for Threatened Caribbean Corals; Correcting Amendment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: NMFS corrects an error in the final rule designating critical 
habitat for threatened Caribbean corals that published in the Federal 
Register on August 9, 2023. The final rule incorrectly identified the 
northern geographic extent of critical habitat designated for Orbicella 
franksi as St. Lucie Inlet, Martin County, Florida in the ``Table of 
the Locations of the Critical Habitat Units for Orbicella franksi, O. 
annularis, O. faveolata, Dendrogyra cylindrus, and Mycetophyllia 
ferox,'' codified at 50 CFR 266.230(b) and in Table 4 of the Critical 
Habitat Unit Descriptions in the preamble of the rule. This correcting 
amendment fixes that error by revising the description of the 
geographic extent of the OFRA-1 Unit to refer to Lake Worth Inlet, Palm 
Beach County, Florida.

DATES: This rule is effective on March 19, 2024.

ADDRESSES: Information regarding this final rule correction can be 
found on the NMFS website at: https://www.fisheries.noaa.gov/action/final-rule-designate-critical-habitat-threatened-caribbean-corals.

FOR FURTHER INFORMATION CONTACT: Jennifer Moore, NMFS, SERO, 727-824-
5312, [email protected]; Heather Austin, NMFS, Office of 
Protected Resources, 301-427-8422, [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 19512]]

Need for Correction

    In the final rule designating critical habitat for the threatened 
Caribbean corals (88 FR 54026, August 9, 2023), NMFS inaccurately 
identified the northern geographic extent of Orbicella franksi as St. 
Lucie Inlet, Martin County, Florida in Table 2 of 50 CFR 226.230(b) and 
in Table 4 of the Critical Habitat Unit Descriptions in the preamble of 
the rule. The species has never occurred north of Lake Worth Inlet, 
Palm Beach County, Florida. The reference to St. Lucie Inlet, Martin 
County, Florida was an accidental conflation (i.e., copy/paste error) 
with its sister species, Orbicella faveolata. The correct geographic 
extent of the OFRA-1 Unit is Lake Worth Inlet, Palm Beach County, 
Florida, as stated in Figure 13 of 50 CFR 226.230(f) (i.e., the map of 
the OFRA-1 Unit). The correct geographic extent is also stated in Table 
1 of 50 CFR 226.230(a) as extending only to Palm Beach County.
    As directed by 50 CFR 424.12(c), each critical habitat area will be 
shown on a map, with more-detailed information discussed in the 
preamble of the rulemaking documents published in the Federal Register. 
Textual information may be included for purposes of clarifying or 
refining the location and boundaries of each area or to explain the 
exclusion of sites (e.g., paved roads, buildings) within the mapped 
area. Each area will be referenced to the State(s), county(ies), or 
other local government units within which all or part of the critical 
habitat is located. Unless otherwise indicated within the critical 
habitat descriptions, the names of the State(s) and county(ies) are 
provided for informational purposes only and do not constitute the 
boundaries of the area. As noted above, the map of this unit at 50 CFR 
226.230(f), which is the regulatory designation, correctly identifies 
the northern extent of the species. The references to the State 
(Florida) and county (Palm Beach) are also correct in Table 1 of 50 CFR 
226.230(a). Thus, NMFS corrects the information in Table 2 that 
identifies the geographic extent of O. franksi to refer to Lake Worth 
Inlet instead of St. Lucie Inlet.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for additional public comment because it would be unnecessary and 
contrary to the public interest. This correcting amendment corrects the 
identification of the geographic extent of one of the units of critical 
habitat for O. franksi. The public was provided prior notice and 
comment on the proposed designation, which correctly identified the 
boundary of the critical habitat unit for O. franksi in Table 1 of the 
preamble, in Table 1 at 50 CFR 266.230(a), and in the map of the unit 
(Figure 13 of 50 CFR 226.230(f)), which is the regulatory designation. 
No comments were received about this boundary. Therefore, providing 
prior notice and opportunity for public comment on this correction to 
Table 2 at 50 CFR 226.230(b) is unnecessary and contrary to the public 
interest because this is a non-substantive change and retaining the 
inconsistent and incorrect information may cause confusion.
    For the reasons stated above, the Assistant Administrator also 
finds good cause, pursuant to 5 U.S.C. 553(d), to waive the 30-day 
delay in effective date for this correction amendment (i.e., it is 
unnecessary and contrary to the public interest since it is a non-
substantive change, the public was provided prior notice and comment on 
the proposed designation which correctly identified the boundary of the 
critical habitat unit for O. franksi in Table 1 of the preamble, in 
Table 1 at 50 CFR 266.230(a), and in the map of the unit (Figure 13 of 
50 CFR 226.230(f)), which is the regulatory designation, and no 
comments were received about this boundary).
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Accordingly, no Regulatory Flexibility 
Analysis is required and none has been prepared.

List of Subjects in 50 CFR Part 226

    Endangered and threatened species.

    Dated: March 14, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
226 as follows:

PART 226--DESIGNATED CRITICAL HABITAT

0
1. The authority citation for part 226 continues to read as follows:

    Authority: 16 U.S.C. 1533.


0
2. In Sec.  226.230 (b), under the subheading ``Orbicella franksi'', 
revise the table entry for OFRA-1 to read as follows:


Sec.  226.230  Critical habitat for the Caribbean Boulder Star Coral 
(Orbicella franksi), Lobed Star Coral (O. annularis), Mountainous Star 
Coral (O. faveolata), Pillar Coral (Dendrogyra cylindrus), and Rough 
Cactus Coral (Mycetophyllia ferox).

* * * * *
    (b) * * *

 Table 2 to Paragraph (b)--Table of the Locations of the Critical Habitat Units for Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus,
                                                                 and Mycetophyllia ferox
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Critical  habitat  unit
              Species                           name                      Location                     Geographic extent             Water depth range
--------------------------------------------------------------------------------------------------------------------------------------------------------
Orbicella franksi..................  OFRA-1...................  Florida....................  Lake Worth Inlet, Palm Beach County   2-40 m (6.5-131 ft).
                                                                                              to Government Cut, Miami-Dade
                                                                                              County.
                                                                Florida....................  Government Cut, Miami-Dade County to  0.5-40 m (1.6-131
                                                                                              Dry Tortugas.                         ft).
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-05795 Filed 3-18-24; 8:45 am]
BILLING CODE 3510-22-P


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