Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Rules and Regulations 12539

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for 14 part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9D, Airspace

Designations and Reporting Points,

dated September 4, 1996, and effective

September 16, 1996, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AGL SD E5 Gregory, SD [New]

Gregory Municipal Airport, SD

(Lat. 43°13′18′′ N, long. 99°24′12′′ W)

That airspace extending upward from 700

feet above the surface within a 6.4-mile

radius of the Gregory Municipal Airport, and

that airspace extending upward from 1,200

feet above the surface beginning at lat.

43°41′00′′ N, long. 99°29′00′′ W,

southeastbound to lat. 43°00′00′′ N, long.

99°00′00′′ W, westbound to V71,

northwestbound to lat. 43°29′30′′ N, long.

99°39′00′′ W, to the point of beginning, and

that airspace extending upward from 1,200

feet above the surface bounded on the north

by lat. 43°20′00′′ N, on the east by V71, on

the south by lat. 43°00′00′′ N, and on the west

by long. 100°05′00′′ W, excluding that

airspace within the Winner, SD, E5 airspace.

* * * * *

Issued in Des Plaines, Illinois on February

27, 1997.

Maureen Woods,

Manager, Air Traffic Division.

[FR Doc. 97–6621 Filed 3–14–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Parts 921, 923 and 930

RIN 0648–AJ24

Coastal Zone Management Program

Regulations and National Estuarine

Research Reserve System Regulations

AGENCY: Office of Ocean and Coastal

Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Commerce.

ACTION: Final rule.

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA) is

amending its ocean and coastal resource

management regulations concerning the

National Estuarine Research Reserve

System, Coastal Zone Management

Program, and Secretarial review

procedures. The Coastal Zone Protection

Act of 1996 amended the Coastal Zone

Management Act (the Act) and

reauthorized NOAA’s Coastal Zone

Management Program and National

Estuarine Research Reserve System

under the Act. Among the amendments

to the Act were changes to the use of

Coastal zone enhancement grants, the

formula for financial assistance to the

states for National Estuarine Research

Reserve (NERR) activities, and the

timing for the appeals process under the

consistency provisions. NOAA issues

this final rule to amend the existing

regulations to conform with the

statutory amendments.

EFFECTIVE DATE: March 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Vickie A. Allin, Policy Coordination

Division, Office of Ocean and Coastal

Resource Management, 1305 East-West

Highway, N/ORM4, Silver Spring,

Maryland 20910. Telephone: 301–713–

3086 ext. 126.

SUPPLEMENTARY INFORMATION:

I. Authority

This final rule is issued under the

authority of the Coastal Zone

Management Act (CZMA), 16 U.S.C.

1451 et seq., as amended by the Coastal

Zone Protection Act of 1996 (CZPA),

Pub. L. 104–150.

II. Background

The CZMA was enacted to encourage

and assist coastal states and territories

to develop and implement management

programs to preserve, protect, develop

and, where possible, restore or enhance

the resources of the Nation’s coasts.

Prior to the 1996 amendments:

• Section 309 of the CZMA identified

eight national coastal zone enhancement

objectives and authorized grants to

states for development and submission

of program changes that support

attainment of those objectives. Section

309 did not authorize grants for

implementation of those changes.

• Section 315 of the CZMA

authorized grants to states for the

designations, management and use of

NERRs. However, section 315 limited,

in most cases, the amount of Federal

financial assistance that could be used

for a NERR activity to a specified

percentage of the cost of that activity.

• Section 307 of the CZMA

established the Federal consistency

requirement, which requires Federal

agencies, applicants for Federal

licenses, permits or other approvals and

state or local government agencies

applying for Federal financial assistance

to conduct their activities consistent

with federally-approved state coastal

management programs if an activity is

reasonably likely to affect any land or

water use or natural resource of a state’s

coastal zone. Section 307 also provided

for an appeal, referred to as a

consistency appeal, to the Secretary of

Commerce (Secretary) for a Secretarial

override of state objections to Federal

license or permit or financial assistance

activities.

NOAA’s regulations at 15 CFR Parts

921, 923 and 930 implement these

provisions.

III. Coastal Zone Protection Act of 1996

The Coastal Zone Protection Act of

1996 (CZPA) contains the following

amendments to the CZMA.

• Section 7 of the CZPA amends

section 309 to add, as a ninth coastal

zone enhancement objective, the

adoption of procedures and policies to

evaluate and facilitate the siting of

aquaculture in the coastal zone.

• Section 3 of the CZPA amends

section 309 to authorize limited use of

coastal zone enhancement grants to

states for implementation as well as for

development and submission of

program changes.

• Section 6 of the CZPA amends

section 315 to provide that Federal

financial assistance provided from

amounts recovered as a result of damage

to natural resources in the coastal zone

may be used to pay for 100% of the cost

of a NERR activity.

• Section 8 of the CZPA adds a new

section 319 which requires that the Secretary publish a notice in the Federal

Register stating when the record in a

consistency appeal has closed. Within

90 days after publication of this notice,

the Secretary shall issue a final decision
12540 Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Rules and Regulations

in the appeal or publish another notice

detailing why the decision cannot be

issued. In the latter case, the Secretary

shall issue a final decision within 45

days after the publication of the latter

notice.

IV. Discussion of Changes

Because of the statutory amendments,

some of NOAA’s current CZM Program

and NERRS regulations no longer

conform to the law. The purpose of this

rule is to amend certain regulations so

that they are consistent with the statute

and to incorporate requirements that are

effective immediately. These changes

are non-controversial and are merely

codifying statutory changes.

The following is a brief explanation of

changes made to each of the sections of

the regulations to reflect the statutory

amendments.

A. National Coastal Zone Management

Program

NOAA is amending regulations for the

Coastal Zone Enhancement Grant

Program at 15 CFR 923.121(a) and (g) to

include limited use of section 309

enhancement grants for implementation

of program changes. NOAA is also

adding a new subsection, 15 CFR

923.122(b)(9), allowing use of section

309 grants for attainment of the new

aquaculture coastal zone enhancement

objective.

B. National Estuarine Research Reserve

System

Several subsections of 15 CFR Part

921 limit the amount of section 315

Federal financial assistance that a state

or other qualified entity or individual

may receive to fund a NERR activity to

a specific percentage of the cost of that

activity. For each of these subsections,

NOAA is adding the provision that

100% of the cost of the NERR activity

may be funded with Federal financial

assistance, when that assistance comes

from amounts recovered as a result of

damage to natural resources in the

coastal zone.

C. Federal Consistency With Approved

Coastal Management Programs

NOAA is deleting 15 CFR 930.130(b),

which provided that the Secretary shall

make all reasonable efforts to complete

consideration of consistency appeals

within 90 days. This section is

superseded by section 8 of the CZPA.

V. Rulemaking Requirements

A. This rule was determined to be

‘‘not significant’’ for purposes of

Executive Order 12866.

B. This rule relates to public property,

loans, grants, benefits, and contracts,

and therefore, it is exempt from every

requirement of section 553 of the

Administrative Procedure Act (5 U.S.C.

553), including notice and comment and

delayed effective date.

C. Because a notice of proposed

rulemaking is not required by 5 U.S.C.

553, or any other law, a Regulatory

Flexibility Analysis is not required and

was not prepared for purposes of the

Regulatory Flexibility Act.

D. This rule involves collections of

information subject to the Paperwork

Reduction Act and cleared by the Office

of Management and Budget under

Control number 0648–0119. The

estimated response times for these

requirements are 480 hours for

management program approval and 8

hours for program amendments and

routine program changes. The response

estimates shown include the time for

reviewing instruction, searching

existing data sources, gathering and

maintaining date needed, and

completing and reviewing the collection

of information. Notwithstanding any

other provision of the law, no person is

required to respond to, nor shall any

person be subject to 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. National Environmental Policy Act.

NOAA has concluded that this

regulatory action does not constitute a

major Federal action significantly

affecting the quality of the human

environment. Therefore, an

environmental impact statement is not

required.

F. This rule contains no Federal

mandates (under the regulatory

provisions of Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA),

Pub. L. 104–4) for State, local, and tribal

governments or the private sector. Thus,

this rule is not subject to the

requirements of sections 202 and 205 of

the UMRA.

G. NOAA has concluded that this

regulatory action does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment under Executive Order

12612.

List of Subjects in 15 CFR Parts 921,

923, and 930

Administrative practice and

procedure, Coastal zone, Grant

programs—Natural resources, Reporting

and recordkeeping requirements.

Dated: March 7, 1997.

David L. Evans,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

For the reasons set out in the

Preamble, 15 CFR parts 921, 923, and

930 are amended as follows:

PART 921—NATIONAL ESTUARINE

RESEARCH RESERVE SYSTEM

REGULATIONS

1. The authority citation for part 921

continues to read as follows:

Authority: Section 315 of the Coastal Zone

Management Act, as amended (16 U.S.C.

1461)

2. Paragraph (f) of § 021.1 is amended

by adding a sentence after the third

sentence to read as follows:

§ 921.1 Mission, goals and general

provisions.

* * * * *

(f) * * * Notwithstanding the above

provisions for financial assistance,

financial assistance provided from

amounts recovered as a result of damage

to natural resources located in the

coastal zone may be used to pay 100

percent of the costs of activities carried

out with the assistance. * * *

* * * * *

3. Section 921.20 is amended by

revising the last sentence to read as

follows:

§ 921.20 General.

* * * In any case, the amount of

Federal financial assistance provided to

a coastal state with respect to the

acquisition of lands and waters, or

interests therein, for any one National

Estuarine Research Reserve may not

exceed an amount equal to 50 percent

of the costs of the lands, waters, and

interests therein or $5,000,000,

whichever amount is less, except when

the financial assistance is provided from

amounts recovered as a result of damage

to natural resources located in the

coastal zone, in which case the

assistance may be used to pay 100

percent of the costs.

4. Section 921.31 is amended by

revising the second and fourth

sentences to read as follows:

§ 921.31 Supplemental acquisition and

development awards.

* * * Federal financial assistance

provided to a National Estuarine

Research Reserve for supplemental

development costs directly associated

with facility construction (i.e., major

construction activities) may not exceed

70 percent of the total project cost,

except when the financial assistance is

provided from amounts recovered as a
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Rules and Regulations 12541

result of damage to natural resources

located in the coastal zone, in which

case the assistance may be used to pay

100 percent of the costs. * * *

Acquisition awards for the acquisition

of lands or waters, or interest therein,

for any one Reserve may not exceed an

amount equal to 50 percent of the cost

of the lands, waters, and interests

therein or $5,000,000, whichever

amount is less, except when the

financial assistance is provided from

amounts recovered as a result of damage

to natural resources located in the

coastal zone, in which case the

assistance may be used to pay 100

percent of the costs. * * *

5. Paragraph (c) of § 921.32 is

amended by revising the second

sentence to read as follows:

§ 921.32 Operation and management:

Implementation of the management plan.

* * * * *

(c) * * * Federal funds provided

pursuant to this section may not exceed

70 percent of the total cost of operating

and managing the Reserve for any one

year, except when the financial

assistance is provided from amounts

recovered as a result of damage to

natural resources located in the coastal

zone, in which case the assistance may

be used to pay 100 percent of the

costs. * * *

* * * * *

6. Paragraph (b) of § 921.50 is

amended by revising the last sentence to

read as follows:

§ 921.50 General.

* * * * *

(b) * * * Federal funds provided

under this subpart may not exceed 70

percent of the total cost of the project,

consistent with § 921.81(e)(4)

(‘‘allowable costs’’), except when the

financial assistance is provided from

amounts recovered as a result of damage

to natural resources located in the

coastal zone, in which case the

assistance may be used to pay 100

percent of the costs.

7. Paragraph (b) of § 921.60 is

amended by revising the last sentence to

read as follows:

§ 921.60 General.

* * * * *

(b) * * * Federal funds provided

under this subpart may not exceed 70

percent of the total cost of the project,

consistent with § 921.81(e)(4)

(‘‘allowable costs’’), except when the

financial assistance is provided from

amounts recovered as a result of damage

to natural resources located in the

coastal zone, in which case the

assistance may be used to pay 100

percent of the costs.

* * * * *

8. Paragraph (b) of § 921.70 is

amended by revising the last sentence to

read as follows:

§ 921.70 General.

* * * * *

(b) * * * Federal funds provided

under this subpart may not exceed 70

percent of the total cost of the project,

consistent with § 921.81(e)(4)

(‘‘allowable costs’’), except when the

financial assistance is provided from

amounts recovered as a result of damage

to natural resources located in the

coastal zone, in which case the

assistance may be used to pay 100

percent of the costs.

* * * * *

PART 923—COASTAL ZONE

MANAGEMENT PROGRAM

REGULATIONS

9. The authority citation for part 923

is revised to read as follows:

Authority: 16 U.S.C. 1451 et seq.; 31 U.S.C.

6506; 42 U.S.C. 3334; Sections 923.92 and

923.94 are also issued under E.O. 12372, July

14, 1982, 3 CFR 1982 Comp. p. 197, as

amended by E.O. 12416, April 8, 1983, 3 CFR

1983 Comp. p. 186.

10. Section 923.121 is amended by

adding a sentence at the end of

paragraph (a) and revising paragraph (g)

to read as follows:

§ 923.121 General.

(a) * * * This subpart also allows use

of section 309 funds for implementation

of program changes for up to two fiscal

years following the fiscal year in which

a program change was approved.

* * * * *

(g) Grants awarded under section 309

may be used:

(1) To support up to 100 percent of

the allowable costs of approved projects

under section 309 of the CZMA, as

amended; or

(2) To implement program changes

approved by the Secretary for up to two

fiscal years following the fiscal year in

which a program change was approved.

* * * * *

11. Section 923.122 is amended by

adding paragraph (b)(9) to read as

follows:

§ 923.122 Objectives.

* * * * *

(b) * * *

(9) Adoption of procedures and

policies to evaluate and facilitate the

siting of public and private aquaculture

facilities in the coastal zone, which will

enable States to formulate, administer,

and implement strategic plans for

marine aquaculture.

PART 930—FEDERAL CONSISTENCY

WITH APPROVED COASTAL

MANAGEMENT PROGRAMS

12. The authority citation for part 930

is revised to read as follows:

Authority: 16 U.S.C. 1451 et seq.

§ 930.130 [Amended]

13. Section 930.130 is amended by

removing paragraph (b) and

redesignating paragraphs (c) and (d) as

paragraphs (b) and (c) respectively.

[FR Doc. 97–6581 Filed 3–14–97; 8:45 am]

BILLING CODE 3510–08–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8677]

RIN 1545–AU35

Consolidated Returns—Limitations on

the Use of Certain Losses and

Deductions; Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correction to final and

temporary regulations.

SUMMARY: This document contains a

correction to final and temporary

regulations [TD 8677] which were

published in the Federal Register on

Thursday, June 27, 1996 (61 FR 33321).

The final and temporary regulations

relate to the deductions and losses of

members and also to the carryover and

carryback of losses to consolidated and

separate return years and to the built-in

deduction rules.

EFFECTIVE DATE: June 27, 1996.

FOR FURTHER INFORMATION CONTACT:

Diana Fulton at (202) 622–7550 (not a

toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final and temporary regulations

that are the subject of this correction are

under section 1502 of the Internal

Revenue Code.

Need for Correction

As published, the final and temporary

regulations contain an error which may

prove to be misleading and is in need

of clarification.

Correction of Publication

Accordingly, the publication of the

final and temporary regulations [TD