Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Proposed Rules 77557

McDonnell Douglas: Docket No. FAA–2007– Issued in Renton, Washington, on • Instructions: All comments received 0074; Directorate Identifier 2007–NM– December 12, 2008. are a part of the public record and will 151–AD. Michael J. Kaszycki, be generally posted to http:// Comments Due Date Acting Manager, Transport Airplane www.regulations.gov without change. Directorate, Aircraft Certification Service. All Personal Identifying Information (for (a) We must receive comments by January 13, 2009. [FR Doc. E8–30258 Filed 12–18–08; 8:45 am] example, name, address, etc.) BILLING CODE 4910–13–P voluntarily submitted by the commenter Affected ADs may be publicly accessible. Do not (b) None. submit confidential business DEPARTMENT OF COMMERCE information or otherwise sensitive or Applicability protected information. NOAA will (c) This AD applies to McDonnell Douglas National Oceanic and Atmospheric accept anonymous comments (enter N/ Model MD–90–30 airplanes, certificated in Administration A in the required fields if you wish to any category; as identified in Boeing Alert remain anonymous). Attachments to Service Bulletin MD90–29A021, Revision 1, electronic comments will be accepted in dated August 29, 2008. 15 CFR Part 922 Microsoft Word, Excel, Wordperfect, or Unsafe Condition [Docket No. 0810241396–81397–01] Adobe PDF file formats only. (d) This AD results from fuel system RIN 0648–AX34 FOR FURTHER INFORMATION CONTACT: reviews conducted by the manufacturer, as David A. Score, Superintendent, Florida well as reports of shorted wires in the right Changes to the Florida Keys National Keys National Marine Sanctuary, 33 wheel well and evidence of arcing on the Marine Sanctuary Regulations; East Quay Road, Key West, FL 33040. power cables of the auxiliary hydraulic Technical Corrections and Minor SUPPLEMENTARY INFORMATION: pump. We are issuing this AD to prevent Substantive Changes shorted wires or electrical arcing at the Electronic Access AGENCY: Office of National Marine auxiliary hydraulic pump, which could This Federal Register document is result in a fire in the wheel well. We are also Sanctuaries (ONMS), National Oceanic issuing this AD to reduce the potential of an and Atmospheric Administration also accessible via the Internet at http://www.access.gpo.gov/su-docs/ ignition source adjacent to the fuel tanks, (NOAA), Department of Commerce _ _ which, in combination with flammable fuel (DOC). aces/aces 1 40.html. vapors, could result in a fuel tank explosion ACTION: Proposed rule; request for I. Background and consequent loss of the airplane. public comments. In recognition of its important Compliance ecological role as a rich and unique SUMMARY: NOAA proposes to amend the (e) You are responsible for having the regulations implementing the Florida marine environment with seagrass actions required by this AD performed within Keys National Marine Sanctuary to meadows, mangrove islands, and the compliance times specified, unless the extensive living coral reefs, Congress actions have already been done. make technical corrections and modifications to clarify intent to several designated the Florida Keys National Marine Sanctuary (FKINMS or Modification areas in the regulations. As part of these Sanctuary) in 1990 (Pub. L. 101–605). (f) Within 18 months after the effective modifications, NOAA proposes to Through this designation, Congress date of this AD, modify the auxiliary amend the definition of coral to directed NOAA and the State of Florida hydraulic power system and do all applicable specifically include the common sea to jointly develop a comprehensive related investigative and corrective actions fan, Gorgonia ventalina and Venus sea program to reduce the risk of damage to by accomplishing all applicable actions fan, Gorgonia flabellum, which are both these living marine resources, reduce specified in the Accomplishment important sanctuary resources and are Instructions of Boeing Alert Service Bulletin the pollution in the waters of the currently managed under the category MD90–29A021, Revision 1, dated August 29, Florida Keys, and to protect and restore ‘‘live rock;’’ specify that ‘‘touching’’ 2008. Do all applicable related investigative the water quality, coral reefs, and other and corrective actions before further flight. coral is an injury and therefore, a living marine resources of the Florida prohibited activity in the FKNMS; Alternative Methods of Compliance Keys. As such, NOAA and the State of amend the safe distance between vessels Florida worked together to create the (AMOCs) and ‘‘divers down’’ flags to be 100 yards (g)(1) The Manager, Los Angeles Aircraft management plan for the FKNMS. The instead of 100 feet; clarify that the FKNMS regulations implementing the Certification Office, FAA, ATTN: Ken prohibitions listed for Sanctuary Sujishi, Aerospace Engineer, Cabin Safety/ designation were published on June 12, Preservation Areas and Ecological 1997 (62 FR 32154) and became Mechanical and Environmental Systems Reserves also apply in Research-only Branch, ANM–150L, FAA, Los Angeles effective on July 1, 1997. Aircraft Certification Office, 3960 Paramount Areas; and Correct several citations that In the 18 years since designation, Boulevard, Lakewood, California 90712– are currently out of date. several regulatory issues have arisen 4137; telephone (562) 627–5353; fax (562) DATES: Comments on this proposed rule that were not clearly addressed when 627–5210; has the authority to approve may be made until January 20, 2009. the FKNMS regulations were adopted. AMOCs for this AD, if requested in ADDRESSES: Comments may be In addition, there have been several accordance with the procedures found in 14 submitted by any of the following changes to the Florida state laws during CFR 39.19. methods: the same period and several technical (2) To request a different method of • Federal e-Rulemaking Portal: http:// errors identified in the current FKNMS compliance or a different compliance time www.regulations.gov. Submit electronic regulations. NOAA is thus proposing to for this AD, follow the procedures in 14 CFR 39.19. Before using any approved AMOC on comments via the Federal e-Rulemaking update the FKNMS regulations to make Portal. technical corrections, minor substantive any airplane to which the AMOC applies, • notify your appropriate principal inspector Mail: David A. Score, clarifications, and codification of (PI) in the FAA Flight Standards District Superintendent, Florida Keys National existing regulatory interpretation to Office (FSDO), or lacking a PI, your local Marine Sanctuary, 33 East Quay Road, address these issues and provide FSDO. Key West, FL 33040. consistency with state law.

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II. Summary of the Proposed Revisions B. Other Proposed Modifications and the Sanctuary (July 1, 1997) to notify the Technical Corrections to Section Director and request certification of the A. Changes to Section 922.162 and 922.163 activity. Therefore, these provisions are Section 922.163, Modification of no longer needed because the Existing Regulations on Corals and 1. Permit Live Rock Aquaculture certification period expired over ten Prohibited Activities (§ 922.163(a)(2)(i)) years ago. Therefore, NOAA proposes to Section 922.1 63(a)(2)(i) currently 1. Definition of Coral (§ 922.162(a)) delete these sections from the FKNMS cites 50 CFR part 638 for authority to regulations, and to renumber the permit certain types of live rock The FKNMS regulations to protect remaining sections accordingly. Because aquaculture under the Magnuson- corals and live rock include a list of section 922.168 is referenced in other activities that are prohibited, and Stevens Act (MSA). However, that part of the CFR no longer exists. The sections of the FKNMS regulations, we include a definition of ‘‘coral’’ and ‘‘live also propose to delete the references to rock’’ to which these protections extend. authority to permit certain types of live rock aquaculture under the MSA is now that section. Finally, NOAA proposes to NOAA is concerned that the common amend the language to the newly sea fan, Gorgonia ventalina, and Venus located at 50 CFR part 622. Therefore, we propose to make a correction to our redesignated section 922.163(c) to sea fan, Gorgoniaflabellum, are not regulatory citations to reflect this reflect the appropriate citation for currently listed as coral species in the change. authorization of current activities which definition of coral. Although these is § 922.49. species of Gorgonia are actually coral, to 2. Dive Areas (§ 922.163(a)(5)(iii)(C)) date, they have been managed under the NOAA regulations regarding dive area C. Special-Use (Research-Only) Areas category of live rock because live rock, restrictions are inconsistent with (§ 922.1 64(e)(1)) defined as any living marine organism regulations that both the State of Florida Research-only areas are a type of or an assemblage thereof attached to a (Chapter 27 of the 2003 Florida Statutes: Special-use Area defined in the FKNMS hard substrate, including dead coral or 327.331 Divers; definitions; divers- regulations at § 922.1 64(e)(1)(iii). rock, is not limited to identified species. down flag required; obstruction to Except for passage without interruption NOAA proposes to make a provision to navigation of certain waters; penalty) or for law enforcement purposes, access explicitly include Gorgonia ventalina and the U.S. Coast Guard (USCG: Rule to research-only areas is restricted to and Gorgoniafiabellum in the list of 27e—Vessel Engaged in Diving scientific research or educational use protected corals in the FKNIMS Operations) use to specify the safe specifically authorized by and regulations and to make the list of corals distance between vessels and ‘‘divers conducted in accordance with the non-exclusive in case additional coral down’’ flags. The State of Florida and scope, purpose, terms and conditions of species are identified in the future. the USCG regulations both indicate that the safe distance between vessels and a sanctuary permit. In addition, even if In addition, the subclass for black ‘‘divers down’’ flags is 100 yards. In access is allowed by permit, only the corals was incorrectly listed in the contrast, the FKNMS regulations activities described in the permit may original regulations as Hexacorallia. The currently indicate that the safe distance be conducted because all other activities correct subclass designation is between vessels and ‘‘divers down’’ within the research-only area are Ceriantipatharia. The definition of coral flags is 100 feet. In order to be prohibited. However, the prohibition would be corrected to identify black consistent with the regulations issued against conducting activities in corals as part of the subclass by the State of Florida and the USCG, research-only areas is not stated clearly Ceriantipatharia. we propose to change our regulations in the FKNMS regulations and, from ‘‘100 feet’’ in 922.163(a)(5)(iii)(C) 2. Touching Coral (§ 922.163(a)(2)) therefore, NOAA proposes to amend to ‘‘100 yards.’’ Improved consistency § 922.164(d) and add a new paragraph The act of touching coral or live rock allows for better public education and (e)(5) to the section to specify that the is an injury to the resource and has been compliance. The change to regulations prohibited activities listed for Sanctuary historically interpreted as such by the improves safety and reduces conflict Preservation Areas (SPAs) and FKNMS staff, charter dive and between divers and vessel operations. Ecological Reserves (ERs) as listed at snorkeling operations, and enforcement 3. Marine Life Rule (§ 922.163(a)(12)) § 922.164(d) also apply in Research-only Areas. This change would provide better personnel. When corals are touched or NOAA proposes a few technical handled, the organisms are injured, and corrections related to Florida’s Marine notice to the public and to permittees could suffer mortality. However, Life Rule (MLR). NOAA proposes to edit who receive access to conduct activities touching is not specifically listed in the the language at § 922.163(a)(12) to in Research-only Areas, and would injury prohibition in the FKNMS update Florida Marine Life Rule citation facilitate voluntary compliance as well regulations. NOAA proposes to clarify as 68B–42, F.A.C. NOAA also proposes as enforcement of sanctuary regulations. and codify the interpretation of injury to to delete Appendix VIII to Subpart P of III. Classification coral and live rock by adding Part 922 to eliminate the excerpts of the ‘‘touching’’ to the list of prohibited MLR from the FKNMS regulations and A. National Environmental Policy Act activities in the FKNMS. NOAA simply reference the MLR citation in the The technical corrections and minor believes that by clarifying that touching regulation. substantive changes to the FKNMS coral and live rock causes injury aids in 4. Updating CFR References (§ 922.163) regulations do not have significant sanctuary education and outreach environmental impacts and are efforts to inform the public that this Sections 922.163(c) and 922.168 are categorically excluded for the need to activity is harmful to the coral, and will no longer applicable because persons prepare an environmental assessment help public compliance with the conducting any pre-existing otherwise prohibited activities pursuant to a valid pursuant to the National Environmental prohibition. authorization in the Sanctuary area were Policy Act (NAO 2 16–6 Section given 90 days from the designation of 6.03c.3(i)).

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B. Executive Order 12866: Regulatory flags to be 100 yards instead of 100 feet ventalina and Gorgonia flabellum (sea Impact provides consistency with regulations fans). This proposed rule has been already in place by the U.S. Coast Guard * * * * * determined to be not significant within and the State of Florida and will 3. In § 922.163 revise paragraphs the meaning of Executive Order 12866. therefore not change the current (a)(2)(i), (a)(5)(iii)(C), and (a)(12), operations of small business operators; remove paragraph (c), redesignate C. Executive Order 13132: Federalism and paragraphs (d) through (h) as (c) through Assessment • Specifying that the prohibitions (g), and revise the newly redesignated NOAA has concluded this regulatory listed for Sanctuary Preservation Areas paragraph (c) to read as follows: action does not have federalism and Ecological Reserves also apply in implications sufficient to warrant Research-only Areas also does not affect § 922.163 Prohibited activities— Sanctuary-wide. preparation of a federalism assessment small businesses because entering under Executive Order 13132. The State Research-only Areas is already (a) * * * of Florida was consulted during the prohibited unless a permit is obtained (2) * * * promulgation of this rule. from the Sanctuary. The amendment is (i) Moving, removing, taking, harvesting, damaging, disturbing, D. Paperwork Reduction Act intended to clarify and promote enforcement of specific activity touching, breaking, cutting, or otherwise This rule does not contain any new or violations. injuring, or possessing (regardless of revisions to the existing information where taken from) any living or dead collection requirement that was IV. Request for Comments coral, or coral formation, or attempting approved by 0MB (0MB Control Number NOAA requests comments on this any of these activities, except as 0648–0141) under the Paperwork proposed rule to make technical permitted under 50 CFR part 622. Reduction Act of 1980, 44 U.S.C. 3501 corrections and amendments to the * * * * * et seq. FKNMS regulations. (5) * * * Notwithstanding any other provision (iii) * * * of the law, no person is required to Dated: December 11, 2008. (C) Within 100 yards of the red and respond to, nor shall any person be John H. Dunnigan, white ‘‘divers down’’ flag (or the blue subject to a penalty for failure to comply Assistant Administrator for Ocean Services and white ‘‘alpha’’ flag in Federal with, a collection of information subject and Coastal Zone Management. waters); to the requirements of the PRA, unless List of Subjects in 15 CFR Part 922 * * * * * that collection of information displays a (12) Harvest or possession of marine currently valid 0MB Control Number. Administrative practice and life species. Harvesting, possessing, or procedure, Coastal zone, Fish, Fisheries, E. Regulatory Flexibility Act landing any marine life species, or part Historic preservation, Intergovernmental thereof, within the Sanctuary, except in The Chief Counsel for Regulation of relations, Marine resources, Monuments accordance with rules 68B–42 of the the Department of Commerce certified and memorials, Natural resources, Florida Administrative Code, and such to the Chief Counsel for Advocacy of the Wildlife, Wildlife refuges, Wildlife rules shall apply mutatis mutandis Small Business Administration (SBA) management areas, Sanctuary (with necessary editorial changes) to all that this proposed rule, if adopted, preservation areas, Ecological reserves, Federal and State waters within the would not have a significant economic Areas to be avoided, State of Florida, Sanctuary. impact on a substantial number of small U.S. Coast Guard. * * * * * entities. For the reasons above, the National (c) Notwithstanding the prohibitions The factual basis for this certification Oceanic and Atmospheric in this section and in § 922.164, and any is as follows: Administration proposes to amend title • Making the technical corrections to access and use restrictions imposed 15, part 922 of the Code of Federal pursuant thereto, a person may conduct correct citations and obsolete sections of Regulations as follows: the regulations as proposed by this rule an activity specifically authorized by any valid Federal, State, or local lease, would not substantively change the PART 922—NATIONAL MARINE effect or impact from the current permit, license, approval, or other SANCTUARY PROGRAM authorization issued after the effective regulations; REGULATIONS • Amending the definition of coral to date of these regulations, provided that specifically include the common sea fan 1. The authority citation for part 922 the applicant complies with § 922.49, and Venus sea fan also do not impact continues to read as follows: the Director notifies the applicant and authorizing agency that he or she does small entities because these species are Authority: 15 U.S.C. 1431 et seq. already currently managed as sanctuary not object to issuance of the resources under the category ‘‘live 2. Amend § 922.162(a) by revising the authorization, and the applicant rock;’’ definition for ‘‘Coral’’ to read as follows: complies with any terms and conditions • Clarifying and codifying that the Director deems reasonably necessary § 922.162 Definitions. ‘‘touching’’ coral is an injury and to protect Sanctuary resources and therefore, a prohibited activity in the (a) * * * qualities. Amendments, renewals and FKNMS does not change the practices of Coral means but is not limited to the extensions of authorizations in small business operators, such as dive corals of the Class Hydrozoa (stinging existence on the effective date of these or snorkel charter boats, because they and hydrocorals); Class Anthozoa, regulations constitute authorizations already interpret the regulation as such Subclass Hexacorallia, Order issued after the effective date of these and currently inform tourists that Scieractinia (stony corals); Class regulations. touching coral or live rock while diving Anthozoa, Subclass Ceriantipatharia, * * * * * or snorkeling injures the organisms; Order Antipatharia (black corals); and 4. In § 922.164, revise paragraph (d)(l) • Amending the safe distance Class Anthozoa, Subclass Ocotocorallia, and add paragraph (e)(5) to read as between vessels and ‘‘divers down’’ Order Gorgonacea, species Gorgonia follows:

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§ 922.164 Additional activity regulations reconsideration. (73 FR 71971). This ACTION: Notice of Intent for Partial by Sanctuary area. document extends the time for filing Deletion of portions of the Griffiss Air * * * * * comments in response to the Force Base Superfund Site from the (d) Ecological Reserves, Sanctuary Commission’s NOPR. National Priorities List. Preservation Areas, and Special Use DATES: Effective Date: The date for SUMMARY: (Research only) Areas. (1) The following comments on the NOPR in this The United States activities are prohibited within the proceeding is extended to January 7, Environmental Protection Agency (EPA) Ecological Reserves described in 2009. Region 2 Office announces its intent to Appendix IV to this subpart, within the delete specific properties of the former FOR FURTHER INFORMATION CONTACT: Sanctuary Preservation Areas described Griffiss Air Force Base (GAFB) site Richard M. Wartchow (Legal in Appendix V to this subpart, and located in Rome, New York, from the Information), Office of the General within the Special Use (Research only National Priorities List (NPL) and Counsel, Federal Energy Regulatory Areas) described in Appendix VI to this requests public comment on this Commission, 888 First Street, NE., subpart: proposed action. The NPL constitutes Washington, DC 20426, (202) 502–8744. * * * * * Appendix B to the National Oil and SUPPLEMENTARY INFORMATION: (e) * * * (5) In addition to paragraph Hazardous Substances Pollution (e)(3) of this section no person shall Notice of Extension of Time Contingency Plan (NCP), 40 CFR part conduct activities listed in paragraph (d) 300, which EPA promulgated pursuant On November 20, 2008, the to Section 105 of the Comprehensive of this section in ‘‘Research-only Commission issued a Notice of Areas.’’ Environmental Response, Proposed Rulemaking (NOPR) in the Compensation, and Liability Act * * * * * above-referenced proceeding. The (CERCLA) as amended. The entire document was published in the Federal § 922.168 [Removed and reserved] GAFB Site, approximately 3,552 acres, Register on November 26, 2008.1 The 5. Remove and reserve § 922.168. includes 32 areas of concern located on NOPR requested comments to be property currently or formerly owned by Appendix VIII to Subpart P of Part 922 submitted 30 days following publication the United States Department of [Removed] in the Federal Register, which date Defense. EPA and the State of New would fall on December 29, 2008.2 To York, through the New York State 6. Remove Appendix VIII to Subpart provide interested persons additional P of Part 922—Marine Life Rule [As Department of Environmental time to consider the technical issues Conservation (NYSDEC), have Excerpted from Chapter 46–42 of the raised in the NOPR, and in light of the Florida Administrative Code]. determined that for the specified areas press of other business, including the identified in this Notice of Intent for [FR Doc. E8–29832 Filed 12–18–08; 8:45 am] intervening holiday period, the Partial Deletion (NOIPD), all appropriate BILLING CODE 3510–NK–M Commission, acting sua sponte, hereby response actions pursuant to CERCLA extends the time to prepare and file have been implemented and, aside from comments on the NOPR. monitoring, operations, maintenance, DEPARTMENT OF ENERGY Upon consideration, notice is hereby and Five-Year Reviews, no further given that an extension of time for filing response actions, pursuant to CERCLA, Federal Energy Regulatory comments in response to the NOPR is are appropriate. Moreover, EPA and Commission granted until and including January 7, NYSDEC have determined that the 2009. specified properties at the GAFB Site 18 CFR Part 40 Kimberly D. Bose, (i.e., the soil and groundwater beneath) [Docket No. RM08–16–000; Notice of Secretary. either pose no significant threat to Proposed Rulemaking] [FR Doc. E8–30235 Filed 12–18–08; 8:45 am] public health or the environment or all appropriate response actions have been Electric Reliability Organization BILLING CODE 6717–01–P implemented, and therefore this NOIPD Interpretations of Specific may proceed. The NOIPD is only for Requirements of Frequency Response those properties specified herein and and Bias and Voltage and Reactive ENVIRONMENTAL PROTECTION does not include other properties Control Reliability Standards AGENCY located at the GAFB Site. December 15, 2008. 40 CFR Part 300 DATES: Comments must be received by January 20, 2009. AGENCY: Federal Energy Regulatory [EPA–HQ–SFUND–1987–0002; FRL–8753–3] Commission. ADDRESSES: Submit your comments, ACTION: Notice of proposed rulemaking; National Oil and Hazardous identified by Docket ID No. EPA–HQ– extension of time for filing comments. Substances Pollution Contingency SFUND–1987–0002, by one of the Plan; National Priorities List following methods: SUMMARY: On November 20, 2008, the Web site: http://www.regulations.gov. Commission issued a Notice of AGENCY: Environmental Protection Follow the on-line instructions for Proposed Rulemaking (NOPR) Agency. submitting comments. proposing to accept North American E-mail: [email protected]. Electric Reliability Corporation’s 1 Electric Reliability Organization Interpretations Fax: To the attention of Douglas M. of Specific Requirements of Frequency Response (NERC) interpretation of certain specific and Bias and Voltage and Reactive Control Pocze at (212) 637–3256. requirements of one Commission- Reliability Standards, NOPR, Docket No. RM08–16– Mail: To the attention of Douglas M. approved Reliability Standard, BAL– 000, 73 FR 71971 (Nov. 26, 2008), 125 FERC Pocze, Remedial Project Manager, 003–0, Frequency Response and Bias; ¶ 61,204 (2008). Emergency and Remedial Response 2 Accounting for the effect of the Executive Order, and to remand NERC’s proposed Closing of Executive Departments and Agencies of Division, U.S. Environmental Protection interpretation of VAR–001–1, Voltage the Federal Government on Friday, December 26, Agency, Region 2, 290 Broadway, 18th and Reactive Control, for 2008 (Dec. 12, 2008). Floor, New York, NY 10007–1866.

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