Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76319 

operators to contact Gulfstream if technical 

assistance is required. However, any 

deviation from the instructions provided in 

that service bulletin must be approved as an 

alternative method of compliance (AMOC) 

under the provisions of paragraph (h) of this 

AD. 

Other FAA AD Provisions 

(h) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Mike Borfitz, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2677; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(i) Refer to MCAI Israeli Airworthiness 

Directive 28–10–02–01, dated February 22, 

2010; and Gulfstream Service Bulletin 100– 

28–297, dated January 21, 2010; for related 

information. 

Issued in Renton, Washington, on 

December 1, 2010. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–30762 Filed 12–7–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic And Atmospheric 

Administration 

15 CFR Part 922 

[0908041219–0073–01] 

RIN 0648–AX79 

Amendments to National Marine 

Sanctuary Regulations Regarding Low 

Overflights in Designated Zones 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Proposed rule; request for 

public comments. 

SUMMARY: NOAA proposes to amend the 

regulations of the Channel Islands, 

Monterey Bay, Gulf of the Farallones, 

and Olympic Coast national marine 

sanctuaries relating to sanctuary 

overflights. Specifically, NOAA 

proposes to: amend the regulations 

requiring that motorized aircraft 

maintain certain minimum altitudes 

above specified locations within the 

boundaries of the listed sanctuaries; and 

state that failure to comply with these 

altitude limits is presumed to disturb 

marine mammals or seabirds and is a 

violation of the sanctuary regulations. 

DATES: Comments on this proposed rule 

may be made until January 7, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–AX79 by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Mail: Debra Malek, Office of 

National Marine Sanctuaries, 1305 EastWest Highway, 11th floor, Silver Spring, 

MD 20910. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will be posted to 

http://www.regulations.gov without 

change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit confidential 

business information or otherwise 

sensitive or protected information. 

ONMS will accept anonymous 

comments (enter N/A in the required 

fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Debra Malek, Office of National Marine 

Sanctuaries, 1305 East-West Highway, 

11th floor, Silver Spring, MD 20910, 

(301) 713–3125 Ext. 262. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This Federal Register document is 

also accessible via the Internet at http:// 

www.access.gpo.gov/su-docs/aces/ 

aces140.html. 

I. Background 

The National Marine Sanctuaries Act 

(NMSA) authorizes NOAA to prohibit or 

otherwise regulate activities to prevent 

or minimize the destruction of, loss of, 

or injury to a resource or quality of a 

national marine sanctuary (16 U.S.C. 

1436(1)). 

Regulations for the Monterey Bay, 

Channel Islands, Gulf of the Farallones 

and Olympic Coast National Marine 

Sanctuaries all restrict low altitude 

overflights within specified zones in 

each sanctuary (subject to certain 

exceptions) in order to protect marine 

mammals and seabirds from disturbance 

by aircraft. At Monterey Bay, Channel 

Islands, and Gulf of the Farallones, 

flights below 1000 feet are restricted 

within the designated zones. At 

Olympic Coast, flights below 2000 feet 

are restricted within one nautical mile 

of Flattery Rocks, Quillayute Needles, or 

Copalis National Wildlife Refuge, or 

within one nautical mile seaward from 

the coastal boundary of the sanctuary. 

These restrictions vary slightly with 

each sanctuary. The regulations for the 

Monterey Bay and Olympic Coast 

sanctuaries prohibit overflights below a 

certain level within designated zones— 

1000 feet in Monterey Bay and 2000 feet 

in Olympic Coast, as noted above— 

without requiring a specific showing 

that marine mammals or seabirds have 

been disturbed. The regulations for the 

Channel Islands and the Gulf of the 

Farallones prohibit disturbing marine 

mammals or seabirds by flying below 

1000 feet within specified zones of the 

sanctuaries. 

With this proposed rule, NOAA seeks 

to standardize the application of these 

restrictions by adopting a single, 

consistent and clearer regulatory 

approach regarding overflights in these 

sanctuaries. As proposed, the 

regulations for each sanctuary would 

establish a rebuttable presumption that 

flying motorized aircraft at less than 

established altitudes within any of the 

existing zones results in the disturbance 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76320 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

of marine mammals or seabirds. This 

would mean that if a pilot were 

observed flying below the established 

altitude within a designated zone, it 

would be presumed that marine 

mammals or seabirds had been 

disturbed and that a violation of 

sanctuary regulations had been 

committed. This presumption of 

disturbance could be overcome by the 

introduction of contrary evidence that 

disturbance did not, in fact, occur (e.g., 

evidence that no marine mammals or 

seabirds were present in the area at the 

time of the low overflight). 

Adding a rebuttable presumption to 

these regulations is justified by ample 

evidence and the administrative records 

that were developed for the designations 

of these sanctuaries. The administrative 

records establishing the existing 

restrictions in all four sanctuaries 

describe the need to protect nearshore 

and offshore resources from 

unnecessary disturbance, and explain 

how low altitude overflights can disrupt 

various marine mammal and seabird 

behavior patterns including breeding 

and nesting. Low overflights in these 

sites clearly pose a risk of harmful 

disturbance to marine mammals and 

seabirds, including movement and 

evacuation in response to low 

overflights where the young (pups, 

chicks, eggs) are crushed during an 

evacuation or exposed to predation as a 

consequence of loss of parental 

protection. Indeed, given the connection 

between low overflights and 

disturbance, the Southwest Region of 

the National Marine Fisheries Service 

developed marine mammal viewing 

guidelines for its respective regions 

(which includes the three California 

sanctuaries), recommending that aircraft 

avoid flying below 1000 feet over 

marine mammals. Similarly, the State of 

California prohibits overflights less than 

1000 feet above designated wildlife 

habitat areas within the State waters of 

each sanctuary off of California. In the 

Olympic Coast National Marine 

Sanctuary, offshore islands of the 

Flattery Rocks, Quillayute Needles, or 

Copalis National Wildlife Refuges have 

high pinnacles that provide important 

habitats for 14 species of seabirds, 

warranting the restriction on flights 

below 2000 feet in this sanctuary to 

better protect these sanctuary resources. 

This restriction is further consistent 

with an advisory published by the 

Federal Aviation Administration (FAA) 

that applies to these same areas (FAA 

Advisory Circular AC 91–36D). 

The existing restrictions are not 

depicted on current FAA aeronautical 

charts. The FAA has advised NOAA that 

if this proposed rule is promulgated, it 

would revise the notation on current 

aeronautical charts to indicate the 

sanctuaries’ overflight regulations. 

NOAA expects that the revised notation 

would likely result in improved 

compliance and thereby help to ensure 

the protection of resources under 

NOAA’s stewardship. 

II. Summary of the Proposed 

Amendments 

NOAA is proposing to amend ONMS 

regulations (15 CFR Part 922) for these 

four sanctuaries. The proposed 

amendments would clarify NOAA’s 

long-standing regulatory provisions 

prohibiting low overflights over certain 

areas within these sanctuaries and more 

clearly connect the adverse impacts on 

marine mammals or seabirds caused by 

low overflights as the regulatory basis 

for NOAA’s flight restrictions. 

III. Classification 

A. National Environmental Policy Act 

The amendments to the sanctuary 

regulations in the four national marine 

sanctuaries identified in this notice do 

not have significant environmental 

impacts and are categorically excluded 

from the need to prepare an 

environmental assessment pursuant to 

the National Environmental Policy Act. 

Specifically, the proposed amendments 

to the regulations are legal in nature, 

establishing a rebuttable presumption 

regarding disturbance below a certain 

level and are thus categorically 

excluded by NOAA Administrative 

Order 216–6 Section 6.03c.3(i). 

B. Executive Order 12866: Regulatory 

Impact 

This proposed rule has been 

determined to be not significant within 

the meaning of Executive Order 12866. 

C. Executive Order 13132: Federalism 

Assessment 

NOAA has concluded this regulatory 

action does not have federalism 

implications sufficient to warrant 

preparation of a federalism assessment 

under Executive Order 13132. 

D. Paperwork Reduction Act 

This rule does not contain any new or 

revisions to the existing information 

collection requirement that was 

approved by OMB (OMB Control 

Number 0648–0141) under the 

Paperwork Reduction Act of 1980, 44 

U.S.C. 3501 et seq. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

E. Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification is that the regulations as 

proposed by this rule would not 

substantively change the effect or 

impact from the current regulations. 

IV. Request for Comments 

NOAA requests comments on this 

proposed rule to make amendments to 

the overflight regulations in the four 

national marine sanctuaries identified 

in this notice. In addition to any other 

comments on the proposed rule, NOAA 

invites comments on whether the 

Agency should prohibit flying aircraft 

below established minimum altitudes, 

as opposed to establishing a rebuttable 

presumption that flying aircraft at less 

than established altitudes within any of 

the existing zones results in the 

disturbance of marine mammals or 

seabirds. 

List of Subjects in 15 CFR Part 922 

Administrative practice and 

procedure, Environmental protection, 

Fish, Harbors, Marine pollution, Marine 

resources, Natural resources, Penalties, 

Recreation and recreation areas, 

Research, Water pollution control, 

Water resources, Wildlife, Overflights. 

Dated: November 29, 2010. 

David M. Kennedy, 

Acting Assistant Administrator for Ocean 

Services and Coastal Zone Management. 

Accordingly, for the reasons set forth 

above, 15 CFR part 922 is proposed to 

be amended as follows: 

PART 922—NATIONAL MARINE 

SANCTUARY PROGRAM 

REGULATIONS 

1. The authority citation for part 922 

continues to read as follows: 

Authority: 15 U.S.C. 1431 et seq. 

Subpart G—Channel Islands National 

Marine Sanctuary 

2. Amend § 922.72 by revising 

paragraph (a)(5) to read as follows: 

§ 922.72 Prohibited or otherwise regulated 

activities. 

(a) * * * 

(5) Disturbing marine mammals or 

seabirds by flying motorized aircraft at 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76321 

less than 1,000 feet over the waters 

within one nautical mile of any Island, 

except to engage in kelp bed surveys or 

to transport persons or supplies to or 

from an Island. Failure to maintain a 

minimum altitude of 1,000 feet above 

ground level over such waters is 

presumed to disturb marine mammals 

or seabirds. 

* * * * * 

Subpart H—Gulf of Farallones National 

Marine Sanctuary 

3. Amend § 922.82 by revising 

paragraph (a)(8) to read as follows: 

§ 922.82 Prohibited or otherwise regulated 

activities. 

(a) * * * 

(8) Disturbing marine mammals or 

seabirds by flying motorized aircraft at 

less than 1,000 feet over the waters 

within one nautical mile of the Farallon 

Islands, Bolinas Lagoon, or any ASBS, 

except to transport persons or supplies 

to or from the Islands or for enforcement 

purposes. Failure to maintain a 

minimum altitude of 1,000 feet above 

ground level over such waters is 

presumed to disturb marine mammals 

or seabirds. 

* * * * * 

Subpart M—Monterey Bay National 

Marine Sanctuary 

4. Amend § 922.132 by revising 

paragraph (a)(6) to read as follows: 

§ 922.132 Prohibited or otherwise 

regulated activities. 

(a) * * * 

(6) Disturbing marine mammals or 

seabirds by flying motorized aircraft, 

except as necessary for valid law 

enforcement purposes, at less than 1,000 

feet above any of the four zones within 

the Sanctuary described in Appendix B 

to this subpart. Failure to maintain a 

minimum altitude of 1,000 feet above 

ground level above any such zone is 

presumed to disturb marine mammals 

or seabirds. 

* * * * * 

Subpart O—Olympic Coast National 

Marine Sanctuary 

4. Amend § 922.152 by revising 

paragraph (a)(6) to read as follows: 

§ 922.152 Prohibited or otherwise 

regulated activities. 

(a) * * * 

(6) Disturbing marine mammals or 

seabirds by flying motorized aircraft at 

less than 2,000 feet over the waters 

within one nautical mile of the Flattery 

Rocks, Quillayute Needles, or Copalis 

National Wildlife Refuges or within one 

nautical mile seaward from the coastal 

boundary of the Sanctuary, except for 

activities related to Tribal timber 

operations conducted on reservation 

lands, or to transport persons or 

supplies to or from reservation lands as 

authorized by a governing body of an 

Indian Tribe. Failure to maintain a 

minimum altitude of 2,000 feet above 

ground level any over such waters is 

presumed to disturb marine mammals 

or seabirds. 

* * * * * 

[FR Doc. 2010–30678 Filed 12–7–10; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–132724–10] 

RIN 1545–BJ78 

Source of Income From Qualified Fails 

Charges 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking 

by cross-reference to temporary 

regulations. 

SUMMARY: In the Rules and Regulations 

section of this Federal Register, the IRS 

and the Treasury Department are issuing 

temporary regulations (TD 9508) under 

section 863(a) of the Internal Revenue 

Code. These regulations set forth the 

source of income attributable to 

qualified fails charges. This action is 

necessary to provide guidance about the 

treatment of fails charges for purposes of 

sections 871 and 881, which generally 

require gross-basis taxation of foreign 

persons not otherwise subject to U.S. 

net-basis taxation and the withholding 

of such tax under sections 1441 and 

1442. The text of the temporary 

regulations also serves as the text of 

these proposed regulations. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by March 8, 2011. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–132724–10), Room 

5203, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. Submissions 

may be hand-delivered Monday through 

Friday between the hours of 8 a.m. and 

4 p.m. to CC:PA:LPD:PR (REG–132724– 

10), Courier’s Desk, Internal Revenue 

Service, 1111 Constitution Avenue, 

NW., Washington, DC, or sent 

electronically, via the Federal 

eRulemaking Portal at http:// 

www.regulations.gov (IRS REG–132724– 

10). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Sheila Ramaswamy or Anthony J. Marra, 

Office of Associate Chief Counsel 

(International) (202) 622–3870; 

concerning submissions of comments or 

a request for a public hearing, Richard 

Hurst at (202) 622–7180. 

SUPPLEMENTARY INFORMATION: 

Background and Explanation of 

Provisions 

The temporary regulations published 

in the Rules and Regulations section of 

this issue of the Federal Register 

provide guidance for the treatment of 

fails charges for purposes of sections 

871, 881, 1441 and 1442 by establishing 

source rules for qualified fails charges 

that arise in the delivery-versuspayment market for Treasury securities. 

The text of those temporary regulations 

also serves as the text of these proposed 

regulations. The preamble to the 

temporary regulations explains the 

temporary regulations and these 

proposed regulations. 

Special Analyses 

It has been determined that this notice 

of proposed rulemaking is not a 

significant regulatory action as defined 

in Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations, and because these 

regulations do not impose a collection 

of information on small entities, the 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. chapter 6) do not apply. 

Pursuant to section 7805(f) of the 

Internal Revenue Code, this notice of 

proposed rulemaking will be submitted 

to the Chief Counsel for Advocacy of the 

Small Business Administration for 

comment on its impact on small 

business. 

Comments and Requests for a Public 

Hearing 

Before these proposed regulations are 

adopted as final regulations, 

consideration will be given to any 

written (a signed original and eight (8) 

copies) or electronic comments that are 

submitted timely to the IRS. In addition 

to the specific requests for comments 

made elsewhere in this preamble or the 

preamble to the temporary regulations, 

the IRS and the Treasury Department 

request comments on the clarity of the 

proposed regulations and how they can 

be made easier to understand. A public 

hearing may be scheduled if requested 

in writing by any person who timely 


jlentini on DSKJ8SOYB1PROD with PROPOSALS