80 FR 79681 - Boundary Expansion of Thunder Bay National Marine Sanctuary; Correction and Expansion of Fagatele Bay National Marine Sanctuary, Regulatory Changes, and Sanctuary Name Change; Correction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 246 (December 23, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 246 (December 23, 2015)
| Page Range | 79681-79684 | |
| FR Document | 2015-32265 |
[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)] [Rules and Regulations] [Pages 79681-79684] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32265] ======================================================================= ----------------------------------------------------------------------- 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: [email protected]. 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
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authority of the FAA Administrator. The Rule § 71.1 [Amended]
Subtitle VII, Aviation Programs, ■ 2. The incorporation by reference in
The FAA is amending Title 14 of the
describes in more detail the scope of the 14 CFR 71.1 of FAA Order 7400.9Z,
Code of Federal Regulations (14 CFR)
agency’s authority. This rulemaking is Airspace Designations and Reporting
part 71 by removing jet route J–477.
promulgated under the authority Points, dated August 6, 2015 and
This action reflects and accommodates
described in Subtitle VII, Part A, effective September 15, 2015, is
the route changes made in Canadian
Subpart I, Section 40103. Under that amended as follows:
airspace due to the decommissioning of
section, the FAA is charged with
the Medicine Hat VOR. Therefore, Paragraph 2004 Jet Routes
prescribing regulations to assign the use
notice and public procedures under 5 * * * * *
of the airspace necessary to ensure the
U.S.C. 553(b) are unnecessary.
safety of aircraft and the efficient use of J–477 [Removed]
airspace. This regulation is within the Regulatory Notices and Analyses
scope of that authority as it modifies the Issued in Washington, DC, on December
The FAA has determined that this 10, 2015.
air traffic service route structure in the
regulation only involves an established Gary A. Norek,
northwest United States to maintain the
body of technical regulations for which
efficient flow of air traffic. Manager, Airspace Policy Group.
frequent and routine amendments are
[FR Doc. 2015–31992 Filed 12–22–15; 8:45 am]
History necessary to keep them operationally
BILLING CODE 4910–13–P
current. It, therefore: (1) Is not a
In 1990, the FAA published in the ‘‘significant regulatory action’’ under
Federal Register a rule that established Executive Order 12866; (2) is not a
J–576 in 14 CFR 75, from the Glasgow, ‘‘significant rule’’ under Department of DEPARTMENT OF COMMERCE
MT, VOR navigation aid (NAVAID) to Transportation (DOT) Regulatory
the Medicine Hat, Alberta, Canada, VOR Policies and Procedures (44 FR 11034; National Oceanic and Atmospheric
NAVAID (55 FR 42364, October 19, February 26, 1979); and (3) does not Administration
1990, FR Doc. 90–24786). This was warrant preparation of a regulatory
corrected to J–477 (55 FR 46940, evaluation as the anticipated impact is 15 CFR Part 922
November 8, 1990, FR Doc. 90–26388) so minimal. Since this is a routine [Docket No. 150821762–5762–01]
and finally, in 1991, part 75 was matter that only affects air traffic
transferred to subpart M of 14 CFR 71 RIN 0648–BF13
procedures and air navigation, it is
(56 FR 65638, December 17, 1991, FR certified that this rule, when Boundary Expansion of Thunder Bay
Doc. 91–29869). The route, extending promulgated, does not have a significant National Marine Sanctuary; Correction
through a small portion of airspace over economic impact on a substantial and Expansion of Fagatele Bay
the northwestern United States, was number of small entities under the National Marine Sanctuary, Regulatory
established in response to a request criteria of the Regulatory Flexibility Act. Changes, and Sanctuary Name
from the Canadian Department of
Environmental Review Change; Correction
Transportation to support airway
changes in the Canadian airspace The FAA has determined that this AGENCY: Office of National Marine
structure. action qualifies for categorical exclusion Sanctuaries (ONMS), National Ocean
On September 30, 2015, the FAA was under the National Environmental Service (NOS), National Oceanic and
notified that Canada was Policy Act in accordance with FAA Atmospheric Administration (NOAA),
decommissioning the Medicine Hat Order 1050.1F, Environmental Impacts: Department of Commerce (DOC).
VOR and removing the portion of J–477 Policies and Procedures, paragraph 5– ACTION: Final rule; correcting
within Canada. Since the basis for 6.5a. This airspace action is not amendment.
which J–477 was originally established expected to cause any potentially
no longer exists, the FAA is removing significant environmental impacts, and SUMMARY: NOAA originally published
the route. no extraordinary circumstances exists final rules expanding the boundaries of
that warrant preparation of an Thunder Bay National Marine Sanctuary
Jet routes are published in paragraph (TBNMS) and National Marine
environmental assessment.
2004 of FAA Order 7400.9Z dated Sanctuary of American Samoa
August 6, 2015, and effective September List of Subjects in 14 CFR Part 71 (NMSAS), and specifying new boundary
15, 2015, which is incorporated by coordinates for those sanctuaries, on
Airspace, Incorporation by reference,
reference in 14 CFR 71.1. The jet route September 5, 2014, and July 26, 2012,
Navigation (air).
listed in this document will be respectively. Upon adding the new
subsequently removed in the Order. The Amendment boundaries for both sanctuaries to
Availability and Summary of In consideration of the foregoing, the NOAA nautical charts, NOAA noticed
Documents for Incorporation by Federal Aviation Administration that some of the coordinates did not
Reference amends 14 CFR part 71 as follows: match the description of the boundaries
in the respective final rules. This action
This document amends FAA Order PART 71—DESIGNATION OF CLASS A, corrects those errors in the coordinates,
7400.9Z, Airspace Designations and B, C, D, AND E AIRSPACE AREAS; AIR and updates the format of the tables of
asabaliauskas on DSK5VPTVN1PROD with RULES
Reporting Points, dated August 6, 2015, TRAFFIC SERVICE ROUTES; AND coordinates for NMSAS. This action
and effective September 15, 2015. FAA REPORTING POINTS also makes corrections to the boundary
Order 7400.9Z is publicly available as description for the Swains Island unit of
listed in the ADDRESSES section of this ■ 1. The authority citation for part 71 NMSAS and makes a correction to the
document. FAA Order 7400.9Z lists continues to read as follows: use of the term ‘‘mean high high water’’.
Class A, B, C, D, and E airspace areas, Authority: 49 U.S.C. 106(f), 106(g); 40103, This correcting amendment will ensure
air traffic service routes, and reporting 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, proper mapping and enforcement of
points. 1959–1963 Comp., p. 389. TBNMS and NMSAS. This action makes
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to waive the 30-day delay in island to Point 33. The landward TABLE 2—COORDINATES FOR THE
effectiveness and make this rule boundary of the Swains Island Unit is AUNU’U UNIT, ZONE B
effective immediately upon publication. the mean higher high water line and
begins on the northern shoreline of the Latitude Longitude
C. National Environmental Policy Act Point ID
island and follows the shoreline (south) (west)
This correcting amendment contains counterclockwise initially to the west
only non-substantive, technical until it intersects the line segment 1 ................... ¥14.270 ¥170.496
corrections to national marine sanctuary between Point 34 and 35. From this 2 ................... ¥14.286 ¥170.496
regulations. NOAA previously intersection the boundary continues 3 ................... ¥14.286 ¥170.546
conducted environmental analyses 4 ................... ¥14.280 ¥170.550
offshore to the northwest to Point 35
under NEPA as part of the rulemaking 5 ................... ¥14.270 ¥170.550
and then to Point 36 and Point 37. From
process leading to the regulations being 6 ................... ¥14.270 ¥170.496
Point 37 the boundary continues east-
corrected by this action. Since this northeast towards Point 38 until it (d) Swains Island
correcting amendment is technical in intersects the shoreline. From this
nature, and will not have a significant intersection the boundary follows the The Swains Island Unit boundary is
effect on the human environment, defined by the coordinates provided in Table
shoreline southeast around the
NOAA has determined that the 3 and the textual description in § 922.101(d).
southernmost part of the island and
requirements for an environmental then to the northeast until it intersects
analysis under NEPA do not apply to the line segment between Point 39 and TABLE 3—COORDINATES FOR THE
this action. Point 40. From this intersection the SWAINS ISLAND UNIT
Dated: December 17, 2015. boundary continues offshore to the
southeast to Point 40 and then to the Latitude Longitude
W. Russell Callender, Point ID (south) (west)
Acting Assistant Administrator for Ocean northeast to Point 41. From Point 41 the
Services and Coastal Zone Management. boundary continues to the northwest 1 ................... ¥11.11457 ¥171.06870
towards Point 42 until it intersects the 2 ................... ¥11.11565 ¥171.07980
List of Subjects in 15 CFR Part 922 shoreline. From this intersection the 3 ................... ¥11.11422 ¥171.09248
Administrative practice and boundary follows the shoreline initially 4 ................... ¥11.11005 ¥171.10445
procedure, Coastal zone, Education, to the northeast around the island 5 ................... ¥11.10388 ¥171.11445
Environmental protection, Fishing gear, counterclockwise and then to the 6 ................... ¥11.09533 ¥171.12392
Marine resources, Natural resources, northwest back to where it began on the 7 ................... ¥11.08375 ¥171.13272
Penalties, Recreation and recreation northern shoreline. 8 ................... ¥11.07268 ¥171.13775
areas, Reporting and recordkeeping 9 ................... ¥11.06112 ¥171.14042
* * * * *
requirements, Research, Wildlife. 10 ................. ¥11.04880 ¥171.14067
■ 3. Revise appendix to subpart J of part 11 ................. ¥11.03618 ¥171.13800
Accordingly, for the reasons set out in 12 ................. ¥11.02673 ¥171.13367
922 to read as follows:
the preamble, 15 CFR part 922 is 13 ................. ¥11.01853 ¥171.12773
corrected by making the following Appendix to Subpart J of Part 922— 14 ................. ¥11.01010 ¥171.11828
correcting amendments: American Samoa National Marine 15 ................. ¥11.00402 ¥171.10710
Sanctuary Boundary Coordinates 16 ................. ¥11.00083 ¥171.09728
PART 922—NATIONAL MARINE 17 ................. ¥10.99817 ¥171.08305
SANCTUARY PROGRAM [Coordinates listed in this appendix are
18 ................. ¥10.99783 ¥171.06825
REGULATIONS unprojected (Geographic) and based on the
19 ................. ¥10.99983 ¥171.05732
North American Datum of 1983.]
20 ................. ¥11.00373 ¥171.04790
■ 1. The authority citation for part 922 (a) Fagatele Bay 21 ................. ¥11.00955 ¥171.03862
continues to read as follows: No coordinates are needed in addition to 22 ................. ¥11.01752 ¥171.02985
Authority: 16 U.S.C. 1431 et seq. those described in § 922.101(a). 23 ................. ¥11.02703 ¥171.02290
24 ................. ¥11.03763 ¥171.01805
■ 2. In § 922.101: (b) Fagalua/Fogama’a
25 ................. ¥11.04812 ¥171.01558
■ a. Amend paragraphs (a), (b), (c)(1) No coordinates are needed in addition to 26 ................. ¥11.05860 ¥171.01527
and (2), and (f) by removing the words those described in § 922.101(b). 27 ................. ¥11.06860 ¥171.01695
‘‘mean high high water line’’ and adding 28 ................. ¥11.07957 ¥171.02133
(c) Aunu’u (Zones A, B)
in their place ‘‘mean higher high water 29 ................. ¥11.08850 ¥171.02727
line’’ wherever they appear; and The Aunu’u Unit is comprised of two
30 ................. ¥11.09637 ¥171.03502
■ b. Revise paragraph (d). adjacent zones, described in § 922.101(c), for
31 ................. ¥11.10637 ¥171.04840
The revision reads as follows: which the point coordinates are provided in
32 ................. ¥11.11122 ¥171.05753
following tables 1 and 2.
33 ................. ¥11.11457 ¥171.06870
§ 922.101 Boundary.
34 ................. ¥11.05188 ¥171.08921
* * * * * TABLE 1—COORDINATES FOR THE 35 ................. ¥11.04856 ¥171.09269
(d) Swains Island Unit. The Swains AUNU’U UNIT, ZONE A 36 ................. ¥11.05487 ¥171.09445
Island Unit boundary is defined by the 37 ................. ¥11.06024 ¥171.09283
coordinates in Table 3 and the following Point ID Latitude Longitude 38 ................. ¥11.05848 ¥171.08824
textual description. The seaward (south) (west) 39 ................. ¥11.06369 ¥171.07618
asabaliauskas on DSK5VPTVN1PROD with RULES
boundary of the Swains Island Unit 40 ................. ¥11.06741 ¥171.07364
approximates the three nautical mile 1 ................... ¥14.286 ¥170.577 41 ................. ¥11.06217 ¥171.06622
territorial sea boundary from the mean 2 ................... ¥14.304 ¥170.577 42 ................. ¥11.05836 ¥171.06879
3 ................... ¥14.302 ¥170.566
higher high water line (shoreline) of the
4 ................... ¥14.286 ¥170.533 (e) Muliāva
island. The seaward boundary begins
5 ................... ¥14.286 ¥170.546
south of the island at Point 1 and 6 ................... ¥14.286 ¥170.562 The Muliāva Unit boundary is defined by
continues initially to the west in 7 ................... ¥14.286 ¥170.577
the coordinates provided in Table 4 and the
sequential order clockwise around the textual description in § 922.101(e).
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TABLE 4—COORDINATES FOR THE Protection Act of 2006. The regulations (PPA)). Section 1241(d)(1) of the PPA
MULIĀVA UNIT will affect non-functionally integrated directed the Secretary of the Treasury to
Type III supporting organizations and promulgate regulations under section
Latitude Longitude their supported organizations. 509 that establish a new distribution
Point ID (south) (west) DATES: Effective Date: These regulations requirement for Type III supporting
are effective on December 21, 2015. organizations that are not ‘‘functionally
1 ................... ¥15.387 ¥169.012 integrated’’ to ensure that a ‘‘significant
2 ................... ¥14.271 ¥169.012 FOR FURTHER INFORMATION CONTACT:
Jonathan Carter at (202) 317–4394 or amount’’ is paid to supported
3 ................... ¥14.271 ¥169.121
4 ................... ¥14.150 ¥169.121 Mike Repass at (202) 317–6176 (not toll- organizations. For this purpose, the term
5 ................... ¥14.150 ¥169.012 free numbers). ‘‘functionally integrated’’ means a Type
6 ................... ¥13.698 ¥169.012 SUPPLEMENTARY INFORMATION:
III supporting organization that is not
7 ................... ¥13.698 ¥167.283 required under Treasury regulations to
8 ................... ¥15.387 ¥167.283 Background make payments to supported
9 ................... ¥15.387 ¥169.012
1. Overview organizations because the supporting
organization engages in activities that
(f) Ta’u Unit This document contains amendments relate to performing the functions of, or
The Ta’u Unit boundary is defined by the to the Income Tax Regulations (26 CFR carrying out the purposes of, its
coordinates provided in Table 5 and the part 1) regarding organizations supported organization(s). These final
textual description in § 922.101(f). described in section 509(a)(3) of the regulations address the amount that a
Internal Revenue Code (Code). An Type III supporting organization that is
TABLE 5—COORDINATES FOR THE TA’U organization described in section not functionally integrated (a non-
UNIT 501(c)(3) is classified as either a private functionally integrated (NFI) Type III
foundation or a public charity. To be supporting organization) must annually
Latitude Longitude classified as a public charity, an
Point ID (south) (west) distribute to its supported
organization must be described in organization(s).
1 .................. ¥14.24889 ¥169.503056
section 509(a)(1), (2), or (3).
Organizations described in section 2. Prior Rulemaking
2 .................. ¥14.273056 ¥169.488056
3 .................. ¥14.277222 ¥169.488056 509(a)(3) are known as ‘‘supporting On August 2, 2007, the Treasury
4 .................. ¥14.261111 ¥169.429167 organizations.’’ Supporting Department and the IRS published in
5 .................. ¥14.293889 ¥169.429167 organizations achieve their public the Federal Register (72 FR 42335) an
6 .................. ¥14.293889 ¥169.519722 charity status by supporting one or more advance notice of proposed rulemaking
7 .................. ¥14.24889 ¥169.519722 organizations described in section (ANPRM) (REG–155929–06) in response
8 .................. ¥14.24889 ¥169.503056 509(a)(1) or (2), which in this context to the PPA. The ANPRM described
are referred to as ‘‘supported proposed rules to implement the
Appendix A to Subpart R of Part 922 organizations.’’ changes made by the PPA to the Type
[Amended] To be described in section 509(a)(3), III supporting organization requirements
an organization must satisfy (1) an and solicited comments regarding those
■ 4. In appendix A to subpart R of part organizational test, (2) an operational
922, amend the table by removing the proposed rules.
test, (3) a relationship test, and (4) a On September 24, 2009, the Treasury
figure ‘‘¥83.584432’’ for the longitude disqualified person control test. The Department and the IRS published in
of Point 7 and adding in its place organizational and operational tests the Federal Register (74 FR 48672) a
‘‘¥83.586892’’. require that a supporting organization
[FR Doc. 2015–32265 Filed 12–22–15; 8:45 am]
notice of proposed rulemaking (the 2009
be organized and at all times thereafter NPRM) (REG–155929–06). The 2009
BILLING CODE 3510–NK–P
operated exclusively for the benefit of, NPRM contained proposed regulations
to perform the functions of, or to carry (the 2009 proposed regulations) setting
out the purposes of one or more forth the requirements to qualify as a
DEPARTMENT OF THE TREASURY supported organizations. The Type III supporting organization under
relationship test requires a supporting the PPA.
Internal Revenue Service On December 28, 2012, the Treasury
organization to establish one of three
types of relationships with one or more Department and the IRS published in
26 CFR Part 1 the Federal Register (77 FR 76382) a
supported organizations. Finally, the
[TD 9746] disqualified person control test requires Treasury decision (TD 9605) containing
that a supporting organization not be final and temporary regulations (the
RIN 1545–BL44
controlled directly or indirectly by 2012 TD) regarding the requirements to
Payout Requirements for Type III certain disqualified persons. qualify as a Type III supporting
Supporting Organizations That Are Not Each of the described tests is a organization. Based on the comments
Functionally Integrated necessary requirement for an received, the 2012 TD made certain
organization to establish that it qualifies changes to the rules proposed in the
AGENCY: Internal Revenue Service (IRS), as a supporting organization. These final 2009 NPRM, included in the temporary
Treasury. regulations, however, focus primarily on regulations significant changes to the
ACTION: Final regulations and removal of the relationship test for supporting distribution requirement, and reserved
asabaliauskas on DSK5VPTVN1PROD with RULES
temporary regulations. organizations that are ‘‘operated in certain topics for further consideration.
connection with’’ their supporting The 2012 TD was effective and
SUMMARY: This document contains final organization(s), otherwise known as applicable on December 28, 2012. The
regulations regarding the distribution ‘‘Type III’’ supporting organizations. applicability of the temporary
requirement for non-functionally Specifically, the final regulations reflect regulations expires on or before
integrated Type III supporting statutory changes enacted by the December 21, 2015. On December 28,
organizations. The regulations reflect Pension Protection Act of 2006, Public 2012, the Treasury Department and the
changes to the law made by the Pension Law 109–280 (120 Stat. 780 (2006) IRS also published in the Federal
VerDate Sep<11>2014 16:43 Dec 22, 2015 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1](https://thefederalregister.org/doc/80_FR_79927/page/4.svg)
Document Created: 2018-03-02 09:21:23
Document Modified: 2018-03-02 09:21:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correcting amendment. | |
| Dates | Effective December 23, 2015. | |
| Contact | Helene Scalliet, phone: (301) 713-3125 x281, or email: [email protected] | |
| FR Citation | 80 FR 79681 | |
| RIN Number | 0648-BF13 | |
| CFR Associated | 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 and Wildlife |
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