Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 54381

actions shall be in accordance with

currently applicable criteria, guidelines,

laws, and regulations, and they shall be

subject to any contrary determination

that has been made by the Senior

Agency Official for Classified National

Security Information, or by any other

NASA official authorized to make such

a determination. The Director, Security

Management Office, is designated to act

as the Senior Agency Official for

Classified National Security

Information. The NASA officials listed

in paragraph (b)(3) of the section are

authorized to declassify top Secret

security classification assignments over

25 years old to information under their

jurisdiction for which NASA has

original classification authority. The

NASA officials listed in paragraphs

(b)(4) of this section are authorized to

declassify Secret and Confidential

security classification assignments to

information under their jurisdiction for

which NASA has original classification

authority.

(b) Designated officials. (1) TOP

SECRET Classification Authority—(i)

Administrator.

(ii) Deputy Administrator.

(iii) Associate Deputy Administrator.

(iv) Associate Deputy Administrator

(Technical).

(v) Senior Agency Official for

Classified National Security

Information.

(2) SECRET and CONFIDENTIAL

Classification Authority. Officials listed

in paragraph (b)(1) of this section.

(3) Declassification Authority, Top

Secret Assignments over 25 years Old.

(i) Agency Security Program Manager,

NASA Headquarters.

(ii) Such other officials as may be

delegated declassification authority, in

writing, by the Senior Agency Official

for Classified National Security

Information.

(4) Declassification Authority, Secret

and Confidential. (i) Security

Administrative Team Leader,

Headquarters NASA.

(ii) Such other officials as may be

delegated declassification authority, in

writing, by the Senior Agency Official

for Classified National Security

Information.

(c) Written requests for original

classification authority or

declassification authority shall be

forwarded to the Senior Agency Official

for Classified National Security

Information, with appropriate

justification appended thereto.

(d) The Senior Agency Official for

Classified National Security Information

shall maintain a list of all delegations of

original classification of declassification

authority by name or title of the position

held.

(e) The Senior Agency Official for

Classified National Security Information

shall conduct a periodic review of

delegation lists to ensure that the

officials so designated have

demonstrated a continuing need to

exercise such authority.

(f) Original classification authority

shall not be delegated to persons who

only reproduce, extract, or summarize

classified information, or who only

apply classification markings derived

from source material or as directed by

a classification guide.

§ 1203.801 Redelegation.

Redelegation of TOP SECRET,

SECRET, or CONFIDENTIAL original

classification authority or

declassification authority is not

authorized.

§ 1203.802 Reporting.

The officials to whom original

classification authority has been

delegated under this section shall

ensure that feedback is provided to the

Senior Agency Official for National

Security Information. The Senior

Agency Official for National Security

Information shall keep the

Administrator currently informed of all

significant actions, problems, or other

matters of substance related to the

exercise of the authority delegated

hereunder.

Daniel S. Goldin,

Administrator.

[FR Doc. 97–27651 Filed 10–17–97; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 922

[Docket No. 971014245–7245–01]

Temporary Rule Prohibiting Anchoring

by Vessels 50 Meters or Greater in

Length on Tortugas Bank Within the

Florida Keys National Marine

Sanctuary

AGENCY: Sanctuaries and Reserves

Division (SRD), Office of Ocean and

Coastal Resource Management (OCRM),

National Ocean Service (NOS) National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce (DOC).

ACTION: Temporary rule.

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA)

issues a temporary rule prohibiting

anchoring by vessels 50 meters in length

or greater on the Tortugas Bank within

the Florida Keys National Marine

Sanctuary (Sanctuary). This temporary

rule is necessary to prevent future injury

to, and destruction of, living coral on

Tortugas Bank caused by such

anchoring.

EFFECTIVE DATES: This temporary rule is

effective from 12:01 am October 17,

1997 until February 12, 1998.

FOR FURTHER INFORMATION CONTACT:

Billy D. Causey, Superintendent, Florida

Keys National Marine Sanctuary

(FKNMS), Post Office Box 500368,

Marathon, Florida 33050. (305) 743–

2437.

SUPPLEMENTARY INFORMATION: In

accordance with 15 CFR 922.165 of the

Florida Keys National Marine Sanctuary

regulations (62 FR 32154, June 12, 1997)

and the Co-Trustees Agreement for

Cooperative Management of the Florida

Keys National Marine Sanctuary made

between the Governor and Cabinet of

the State of Florida and NOAA dated

May 19, 1997, NOAA has consulted

with and received approval from the

Governor of the State of Florida

concerning the issuance of this

temporary rule.

Section 922.165 provides that, where

necessary to prevent or minimize the

destruction of, loss of, or injury to a

Sanctuary resource, any and all

activities are subject to immediate

temporary regulation, including

prohibition, for up to 120 days.

Emergency regulations cannot take

effect in Florida territorial waters until

approved by the Governor of the State

of Florida.

Background

This temporary rule is necessitated by

the recent discovery of significant injury

to, and destruction of, living coral on

Tortugas Bank, west of the Dry Tortugas

National Park, caused by the anchoring

of vessels 50 meters or greater in length,

and the need to prevent future injury.

Current 15 CFR 922.163(a)(5)(ii)

prohibits having vessels anchored in the

Sanctuary on living coral other than

hardbottom in water depths less than 40

feet when visibility is such that the

seabed can be seen. However, this

regulation does not protect the coral

located in the area covered by this

temporary rule because the water there

is deeper than 40 feet.

Anchoring of vessels 50 meters or

greater in length on Tortugas Bank has

been documented as having caused

significant injury to living coral reef

resources. Vessels of such size have

anchoring gear of massive weight and
54382 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations

size with heavy chains hundreds of feet

in length weighing as much as 8 to 10

tons. Vessels smaller than 50 meters in

length have not been documented as

having caused injury or loss of living

coral on Tortugas Bank. Their anchoring

gear generally is less massive in size and

weight. Therefore, this temporary rule

only prohibits anchoring by vessels of

50 meters or greater in length on the

Tortugas Bank. The location by

coordinates of the prohibited anchoring

area is set forth below.

Transit, fishing and all other activities

currently allowed in the area are not

affected by this temporary rule.

Alternative anchor sites for vessels 50

meters or greater in length are located

within approximately two nautical

miles of the prohibited area. The close

proximity of these alternative anchoring

sites should mitigate any potential

economic impact on such vessels since

cost of the time and fuel to maneuver to

this area and the additional time and

labor in letting out and pulling in the

additional anchor chain should be

minimal.

The location of alternative anchoring

sites for vessels greater than 50 meters

in length are provided below.

Location and Boundary of Area Where

Anchoring by Vessels 50 Meters or

Greater in Length is Prohibited

The coordinates of the area on the

Tortugas Bank, west of the Dry Tortugas

National Park, closed to anchoring by

vessels 50 meters or greater in length

are:

(1) 24° 45.75′ N 82° 54.40′ W

(2) 24° 45.60′ N 82° 54.40′ W

(3) 24° 39.70′ N 83° 00.05′ W

(4) 24° 32.00′ N 83° 00.05′ W

(5) 24° 37.00′ N 83° 06.00′ W

(6) 24° 40.00′ N 83° 06.00′ W

Alternative Anchoring Sites

Alternative anchoring locations in the

vicinity of the area closed to anchoring

are:

Areas to the west of the Sanctuary

boundary in depths greater than the 20

fathom contour line, indicated on

NOAA Nautical Chart Numbers 11434

and 11420. The bottom type in these

areas is sand/mud or sand/shell. This

location is approximately 2 nautical

miles west of the living coral reefs that

form Tortugas Bank where anchoring

damage to the corals is occurring.

Mariners should note the existence of a

submerged shipwreck located at 24° 38′

N 83° 08.00′ W. This shipwreck is a

landing ship transport which was lost in

1948.

Penalties

Pursuant to 15 CFR 992.45, any

violation of the rule is subject to a

maximum civil penalty of $110,000 per

violation per day. Furthermore, the

NMSA and regulations authorize a

proceeding in rem against any vessel

used in violation of any such regulation.

Classification

Under 5 USC 553(b)(B), the Assistant

Administrator for Ocean Services and

Coastal Zone Management, NOAA for

good cause finds that providing prior

notice and public procedure thereon

with respect to this rule is contrary to

the public interest. This is due to recent

evidence that has come to light that

severe damage to coral in the area has

been caused by the chains and anchors

of vessels 50 meters or greater in length.

Further damage to the living coral reef

will occur if the prohibition

implemented by this rule is delayed to

provide prior notice and opportunity for

public comment.

Likewise, under 5 U.S.C. 553(d)(3),

the Assistant Administrator for Ocean

Services and Coastal Zone Management,

NOAA for good cause finds that

delaying the effective date of this rule

for 30 days is contrary to the public

interest. First, if the rule is delayed for

30 days, significant damage to the living

coral resources could result. Further, 30

days is not necessary to give notification

to vessels which might anchor in the

area in the future or for any vessel

presently anchored to move to an

alternative anchoring site. The U.S.

Coast Guard will give immediate

notification to vessels and they then

can, in a short period of time, move and

re-anchor in the recommended location.

Notification will be made by the U.S.

Coast Guard via notice to mariners,

Sanctuary radio announcements, press

releases, press conferences, and with

assistance by the U.S. Coast Guard and

Dry Tortugas National Park staff on the

water within the area. This rule is

effective on 12:01 am on the second day

after the filing of this rule at the Office

of the Federal Register, to allow

adequate time for any vessels to

relocate.

Executive Order 12866

The Office of Management and Budget

(OMB) has concurred that this rule is

not significant within the meaning of

Section 3(f) of Executive Order 12866.

Executive Order 12612

NOAA has concluded that this

regulatory action does not have

federalism implications sufficient to

warrant preparation of a federalism

assessment under Executive Order

12612.

Regulatory Flexibility Act

Because this rule is not required to be

issued with prior notice and

opportunity for public comment by 5

U.S.C. 553 or by any other law, it is not

subject to the Regulatory Flexibility Act

requirement for preparation of a

regulatory flexibility analysis, and none

has been prepared.

Paperwork Reduction Act

This rule does not impose an

information collection requirement

subject to review and approval by OMB

under the Paperwork Reduction Act of

1980, 44 U.S.C. 3500 et seq.

Dated: October 17, 1997.

Nancy Foster,

Assistant Administrator.

[FR Doc. 97–27700 Filed 10–15–97; 12:17

pm]

BILLING CODE 3510–08–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1910

RIN 1218–AAA95

Methylene Chloride; Amendment;

Extension of Start-up Dates

AGENCY: Occupational Safety and Health

Administration (OSHA), Department of

Labor.

ACTION: Final Rule; amendment;

extension of start-up dates of

compliance.

SUMMARY: The Occupational Safety and

Health Administration (OSHA) is

extending the start-up date for most

provisions of the methylene chloride

standard for larger employers by 45 days

to December 21, 1997. Larger employers

were required to commence initial

monitoring by September 7, 1997, and

that date is unchanged. OSHA is also

extending the start-up date for initial

monitoring for foam manufacturers with

20 to 99 employees by 45 days to

December 21, 1997, Employers with

fewer than 20 employees have later

start-up dates, which are not changed.

DATES: The effective date of this

amendment is October 20, 1997.

Compliance: The start-up date for all

provisions of the methylene chloride

standard except initial monitoring and

engineering controls for employers

specified in § 1910.1052(n)(2)(iii)(C) is

extended to December 21, 1997 (255

days after the effective date of the

standard). The start-up date for the

initial monitoring provision of the