26822 Federal Register / Vol. 66, No. 94 / Tuesday, May 15, 2001 / Proposed Rules

Issued in Renton, Washington, on May 9,

2001.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 01–12174 Filed 5–14–01; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 922

[Docket No. 010416096–1096–01]

RIN 0648–AP22

Revisions to Anchoring Prohibitions in

the Flower Garden Banks National

Marine Sanctuary

AGENCY: Marine Sanctuaries Division

(MSD), Office of Ocean and Coastal

Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce (DOC).

ACTION: Proposed rule.

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA)

proposes to amend the regulations

governing the anchoring and mooring of

vessels in the Flower Garden Banks

National Marine Sanctuary (FGBNMS or

Sanctuary). NOAA is proposing this

change to conform the regulations to

anchoring prohibitions adopted by the

International Maritime Organization

(IMO), at its December 6, 2000 meeting.

NOAA is proposing to prohibit all

anchoring and mooring in the Sanctuary

with the exception that vessels 100 feet

(30.48 meters) and under in length

would be permitted to moor at

sanctuary mooring buoys. The intent of

this rule is to prevent further injuries to

corals in the Sanctuary from anchoring

impacts.

DATES: The agency must receive

comments by June 14, 2001.

ADDRESSES: Comments concerning the

proposed regulatory changes should be

sent to G.P. Schmahl, Manager, Flower

Garden Banks National Marine

Sanctuary, 216 W. 26th Street, Suite

104, Bryan, Texas, 77803.

FOR FURTHER INFORMATION CONTACT: G.P.

Schmahl (979) 779–2705, or Lisa

Symons (301) 713–3141, ext. 108.

SUPPLEMENTARY INFORMATION:

I. Background

The Sanctuary consists of three

separate areas of ocean waters over and

surrounding the East and West Flower

Garden Banks and Stetson Bank, and the

submerged lands thereunder including

the Banks, in the northwestern Gulf of

Mexico. The area designated at the East

Bank is located approximately 120

nautical miles (nmi) south-southwest of

Cameron, Louisiana, and encompasses

19.20 nmi2. The area designated at the

West Bank is located approximately 110

nmi southeast of Galveston, Texas, and

encompasses 22.50 nmi2. The area

designated at Stetson Bank is located

approximately 70 nmi southeast of

Galveston, Texas, and encompasses 0.64

nmi2. The three areas encompass a total

of 42.34 nmi2 (145.09 square

kilometers). The area is unique among

the world’s coral reefs. The area

contains the northernmost coral reefs on

the North American continental shelf

and supports the most highly developed

offshore hard-bank communities in the

region. It is also home to organisms

unknown on the world’s other

continental shelves. These organisms

are generally associated with a

hypersaline, anoxic brine seep having a

chemosynthetic energy base analogous

to that found at deep-sea hydrothermal

vents. The reefs in Flower Garden Banks

crest at approximately 15 meters below

the water surface and extend downward

to 46 meters depth, where the

hermatypic corals are replaced by reefal

communities dominated by coralline

algae and sponges. This deeper ‘‘algal

terrace’’ covers most surfaces down to a

depth of 90 meters. The area has at least

20 species of hermatypic (reef building)

corals, 80 species of algae, 196 known

macro-invertebrate species, and more

than 200 fish species. The reef-building

corals and coralline algae construct and

maintain the substratum and, through a

multituide of relationships, largely

control the structure of benthic

communities occupying the banks. As a

primary building-block for the entire

ecosystem of the banks, the coral and

algae are by far the most important

organisms in the Flower Garden Banks

ecosystem.

Observations by Sanctuary staff,

researchers and members of the diving

public indicate that anchoring of large

commercial ships, particularly

internationally flagged vessels, has

caused considerable damage to the

corals and other resources of the

Sanctuary despite existing domestic

regulations prohibiting anchorage of

vessels greater than 100 feet (30.48

meters). There is clear evidence of

anchoring damage to Flower Garden

Banks from large ships. Scars or tracks

of pulverized coral have been

documented by studies conducted by

submersibles and divers. The largest

scar from anchoring found to date

extends for approximately 1.7

kilometers and resembles a continuous,

‘‘roadcut-like’’ gouge into the bank.

Another crater-like scar measures

approximately 50 meters in diameter.

Chain scars from the swinging of ships

on their anchor chains are evident on

many corals. There are hundreds of

coral colonies abraded, fractured or

toppled, apparently by the dragging of

anchors or anchor cables and chains.

Loose coral pieces act as agents of

further injury to the living coral,

particularly during heavy seas and

storms as the pieces are repeatedly

driven into and around the living coral.

Coral such as that in Flower Garden

Banks takes thousands of years to build.

The regeneration of the reef from anchor

damage may never occur. Even if

optimal conditions for regeneration

occur, it would still take hundreds and

perhaps thousands of years for the reef

to return to its pre-damage condition.

Implementation of the proposed

regulation and the restrictions on

anchoring adopted by the IMO will

prevent further injury to the coral and

reef community.

Safety considerations also support

establishment of this measure. The area

is transited by commercial ships, many

of which are en route to and from the

U.S. ports in Texas and Louisiana. The

safety of a ship can depend on the

ability of its anchor to hold. The

character of the bottom is of prime

importance in determining whether an

anchor will hold. Coral provides an

unstable anchoring bottom. The scars

and damage to the coral in this area are

evidence that when deployed in coral

anchors tend to drag along the bottom

rather than hold in the coral.

Additionally, there are a number of

platforms and pipelines in this area it is

very important from a safety perspective

for ships to anchor only in areas where

the bottom will provide good holding

ground.

In July of 2000, the United States

delegation to the IMO submitted a

proposal to ban anchoring in FGBNMSs

for vessels greater than 100 feet (30.48

meters). IMO, out of concern for impacts

to corals, modified the proposal to

prohibit all anchoring. Vessels 100 feet

(30.48 meters) and under would be

allowed to moor using Sanctuary

mooring buoys. The new international

measure would ensure that noanchoring zones are marked on all

charts internationally. This proposed

rule would conform the Sanctuary

regulations to the IMO action.

Recreational and commercial vessels

100 feet (30.48 meters) and under in

Federal Register / Vol. 66, No. 94 / Tuesday, May 15, 2001 / Proposed Rules 26823

length use existing mooring buoys.

There are currently 12 buoys on East

and West Flower Garden Banks and 3

buoys on Stetson Banks. These will be

supplemented by additional buoys if

necessary.

The public has been involved in

addressing the anchor damage issue and

has sought greater protections within

the Sanctuary. Prior to submission of

the United States delegation’s proposal

to IMO, all relevant federal agencies

were consulted and their comments

were addressed. Public comment on this

proposed rule is being solicited and will

be considered prior to publication of

any final rule.

II. Miscellaneous Rulemaking

Requirements

National Marine Sanctuaries Act

Section 301(b) of the National Marine

Sanctuaries Act, 16 U.S.C. 1434,

provides authority for comprehensive

and coordinated conservation and

management of these areas in

coordination with other resource

management authorities.

National Environmental Policy Act

NOAA has concluded that this

regulatory action would not have a

significant effect, individually or

cumulatively, on the human

environment. Further, the action is

categorically excluded from the

requirement to prepare an

environmental assessment or

environmental impact statement in

accordance with Section 6.05b.2 of

NOAA Administrative Order 216–6.

Specifically, this action is not likely to

result in significant impacts as defined

in 40 CFR 1508.27.

Executive Order 12866: Regulatory

Impact

This action has been determined to be

not significant for the purpose of

Executive Order 12866.

Regulatory Flexibility Act

The Chief Counsel for Regulation of

the Department of Commerce has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that the proposed rule

will not have a significant economic

impact on a substantial number of small

entities. Vessels 100 meters and under

in length, which are those most likely to

belong to small entities, would be

allowed to moor using Sanctuary

mooring buoys. The majority of users in

this area are divers either on their own

vessels or vessels operated by dive

charter organizations in the area. The

dive charter operations use the existing

Sanctuary moorings and sine their

vessels are less than 100 feet in length,

they are not likely to be affected by this

rule. Most of the vessels subject to this

rule are foreign flagged vessels that are

owned or chartered by large

corporations. There is no reason to

expect that this regulation will have a

measurable impact on the small

business community. Accordingly, an

initial regulatory flexibility analysis was

not prepared.

Paperwork Reduction Act

This rule does not contain any

collection of information requirements

subject to the Paperwork Reduction Act.

List of Subjects in 15 CFR Part 922

Administrative practice and

procedure, Coastal zone, Education,

Environmental protection, Marine

resources, Natural resources, Penalties

Recreation and recreation areas,

Reporting and recordkeeping

requirements, Research.

(Federal Domestic Assistance Catalog

Number 11.429 Marine Sanctuary Program)

Dated: May 9, 2001.

Capt. Ted I. Lillestolen,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

Accordingly, for the reasons stated

above, 50 CFR part 922 is proposed to

be amended as follows:

PART 922—[AMENDED]

1. The authority citation for Part 922

continues to read as follows:

Authority: 16 U.S.C. 1431 et seq.

Subpart L—Flower Garden Banks

National Marine Sanctuary

2. Section 922.122 is amended by

revising paragraphs (a)(2)(i) and (ii) to

read as follows:

§ 922.122 Prohibited or otherwise

regulated activities.

(a) * * *

(2) * * *

(i) Anchoring any vessel within the

Sanctuary.

(ii) Mooring any vessel within the

Sanctuary, except that vessels 100 feet

(30.48 meters) or less in registered

length may moor on a Sanctuary

mooring buoy.

* * * * *

[FR Doc. 01–12220 Filed 5–14–01; 8:45 am]

BILLING CODE 3510–08–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG–105801–00]

RIN 1545–AX92

Capitalization of Interest and Carrying

Charges Properly Allocated to

Straddles; Hearing Cancellation

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Cancellation of notice of public

hearing on proposed rulemaking.

SUMMARY: This document provides

notice of cancellation of a public

hearing on proposed regulations that

clarify the application of the straddle

rules to a variety of financial

instruments.

DATES: The public hearing originally

scheduled for May 22, 2001, at 10 a.m.,

is cancelled.

FOR FURTHER INFORMATION CONTACT:

Treena Garrett of the Regulations Unit,

Office of Special Counsel

(Modernization & Strategic Planning),

(202) 622–7180 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

A notice of proposed rulemaking and

notice of public hearing that appeared

in the Federal Register on Thursday,

January 18, 2001, (66 FR 4746),

announced that a public hearing was

scheduled for Tuesday, May 22, 2001, at

10 a.m., in the Auditorium, Internal

Revenue Service Building, 1111

Constitution Avenue, NW., Washington,

DC. The subject of the public hearing is

proposed regulations under sections

1092 and 263(g) of the Internal Revenue

Code. The public comment period for

these proposed regulations expired on

May 1, 2001.

The notice of proposed rulemaking

and notice of public hearing, instructed

those interested in testifying at the

public hearing to submit a request to

speak and an outline of the topics to be

addressed. As of Tuesday, May 8, 2001,

no one has requested to speak.

Therefore, the public hearing scheduled

for Tuesday, May 22, 2001, is cancelled.

Cynthia E. Grigsby,

Chief, Regulations Unit, Office of Special

Counsel (Modernization and Strategic

Planning).

[FR Doc. 01–12222 Filed 5–14–01; 8:45 am]

BILLING CODE 4830–01–P