57126 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22406; Directorate 

Identifier 2002–NM–242–AD; Amendment 

39–14270; AD 2005–19–05] 

RIN 2120–AA64 

Airworthiness Directives; Aerospatiale 

Model ATR42–500 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting a 

typographical error in an existing 

airworthiness directive (AD) that was 

published in the Federal Register on 

September 14, 2005 (70 FR 54249). The 

error resulted in an incorrect Docket No. 

This AD applies to certain Aerospatiale 

Model ATR42–500 airplanes. This AD 

requires inspecting for correct 

installation of the fastener that attaches 

the ground braids on the elevator, 

modifying the forward bonded assembly 

of the elevator control rod, and 

corrective action if necessary. 

DATES: Effective September 29, 2005. 

ADDRESSES: The AD docket contains the 

proposed AD, comments, and any final 

disposition. You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov, or in person at the Docket 

Management Facility office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the U.S. Department of Transportation, 

400 Seventh Street, SW., room PL–401, 

Washington, DC. This docket number is 

FAA–2005–22406; the directorate 

identifier for this docket is 2002–NM–

242–AD. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–2125; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: On 

September 6, 2005, the FAA issued AD 

2005–19–05, amendment 39–14270 (70 

FR 54249, September 14, 2005), for 

certain Aerospatiale Model ATR42–500 

airplanes. This AD requires inspecting 

for correct installation of the fastener 

that attaches the ground braids on the 

elevator, modifying the forward bonded 

assembly of the elevator control rod, 

and corrective action if necessary. 

As published, that AD specifies an 

incorrect Docket No. (i.e., FAA–2005–

20406) throughout preamble and the 

regulatory text of the AD. The correct 

Docket No. is FAA–2005–22406. 

No other part of the regulatory 

information has been changed; 

therefore, the final rule is not 

republished in the Federal Register. 

The effective date of this AD remains 

September 29, 2005. 

§ 39.13 [Corrected] 

■ In the Federal Register of September 

14, 2005, on page 54250, in the third 

column, paragraph 2. of PART 39—

AIRWORTHINESS DIRECTIVES of AD 

2005–19–05 is corrected to read as 

follows: 

* * * * * 

2005–19–05 Aerospatiale: Amendment 39–

14270. Docket No. FAA–2005–22406; 

Directorate Identifier 2002–NM–242–AD. 

* * * * * 

Issued in Renton, Washington, on 

September 26, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19555 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22404; Directorate 

Identifier 2005–NM–018–AD; Amendment 

39–14268; AD 2005–19–03] 

RIN 2120–AA64 

Airworthiness Directives; BAe 

Systems (Operations) Limited Model 

ATP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting a 

typographical error in an existing 

airworthiness directive (AD) that was 

published in the Federal Register on 

September 13, 2005 (70 FR 53915). The 

error resulted in an incorrect Docket No. 

This AD applies to all BAe Systems 

(Operations) Limited Model ATP 

airplanes. This AD requires revising the 

Airworthiness Limitations Section of 

the Instructions for Continued 

Airworthiness to incorporate life limits 

for certain items and new inspections to 

detect fatigue cracking in certain 

structures and of certain significant 

structural items, and to revise life limits 

for certain equipment and various 

components. 

DATES: Effective September 28, 2005. 

ADDRESSES: The AD docket contains the 

proposed AD, comments, and any final 

disposition. You may examine the AD 

docket on the Internet at http:// 

dms.dot.gov, or in person at the Docket 

Management Facility office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the U.S. Department of Transportation, 

400 Seventh Street, SW., room PL–401, 

Washington, DC. This docket number is 

FAA–2005–22404; the directorate 

identifier for this docket is 2005–NM–

018–AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: On 

September 6, 2005, the FAA issued AD 

2005–19–03, amendment 39–14268 (70 

FR 53915, September 13, 2005), for all 

BAe Systems (Operations) Limited 

Model ATP airplanes. The AD requires 

revising the Airworthiness Limitations 

Section of the Instructions for 

Continued Airworthiness to incorporate 

life limits for certain items and new 

inspections to detect fatigue cracking in 

certain structures and of certain 

significant structural items, and to 

revise life limits for certain equipment 

and various components. 

As published, that AD specifies an 

incorrect Docket No. (i.e., FAA–2005–

20404) throughout preamble and the 

regulatory text of the AD. The correct 

Docket No. is FAA–2005–22404. 

No other part of the regulatory 

information has been changed; 

therefore, the final rule is not 

republished in the Federal Register. 

The effective date of this AD remains 

September 28, 2005. 

§ 39.13 [Corrected] 

■ In the Federal Register of September 

13, 2005, on page 53916, in the third 

column, paragraph 2. of PART 39—

AIRWORTHINESS DIRECTIVES of AD 

2005–19–03 is corrected to read as 

follows: 

* * * * * 

2005–19–03 BAe Systems (Operations) 

Limited (Formerly British Aerospace 

Regional Aircraft): Amendment 39–

14268. Docket No. FAA–2005–22404; 

Directorate Identifier 2005–NM–018–AD. 

* * * * * 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57127 

Issued in Renton, Washington, on 

September 26, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–19554 Filed 9–29–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

National Marine Sanctuary Program 

Policy on Permit Applications for 

Artificial Reef Development 

AGENCY: National Marine Sanctuary 

Program (NMSP), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Policy statement; response to 

comments. 

SUMMARY: The National Marine 

Sanctuary Program (NMSP) has 

developed a final policy and permitting 

guidelines for applications to establish 

artificial reefs within National Marine 

Sanctuaries. The NMSP is releasing its 

final policy and permitting guidelines, 

and responding to comments on the 

interim final policy. 

DATES: This notice is effective as a final 

policy as of September 30, 2005. 

ADDRESSES: You can download a copy 

of the final policy from the NMSP’s Web 

site at http://sanctuaries.nos.noaa.gov/ 

library/library.html. You may also 

request a copy of the NMSP’s final 

policy on artificial reefs and submit 

written comments on the policy by 

contacting John Armor, National Marine 

Sanctuary Program, 1305 East West 

Highway (N/ORM6), 11th floor, Silver 

Spring, MD 20910. 

FOR FURTHER INFORMATION CONTACT: John 

Armor at (301) 713–3125. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Marine Sanctuary 

Program (NMSP) manages a system of 

thirteen National Marine Sanctuaries 

(NMSs or Sanctuaries) and the 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve that protect 

special, nationally significant areas of 

the marine environment under the 

authority of the National Marine 

Sanctuaries Act (NMSA; 16 U.S.C. 1431 

et seq.). Sanctuaries protect a variety of 

marine areas including coral reefs, 

mangrove forests, and seagrass beds in 

the Florida Keys National Marine 

Sanctuary; deep-sea canyons, kelp beds, 

and hardbottom habitats in the 

Monterey Bay National Marine 

Sanctuary; and historic shipwrecks in 

the Thunder Bay National Marine 

Sanctuary and Underwater Preserve. 

In the last few years the NMSP has 

experienced an increased number of 

permit applications to establish artificial 

reefs inside NMS boundaries, 

particularly in the Florida Keys National 

Marine Sanctuary. Because NMSP 

regulations generally prohibit placing 

structures on sanctuary submerged 

lands, any individual who wishes to 

establish an artificial reef inside a NMS 

must first get approval from the NMSP 

through the onsite sanctuary manager. 

To ensure that applications to 

establish artificial reefs in sanctuaries 

are reviewed consistently and in a 

manner that adheres to the NMSA and 

NMSP regulations (15 CFR Part 922), the 

NMSP developed permitting guidelines 

specific for such applications. The 

guidelines build on lessons learned 

from past experience permitting 

artificial reefs within sanctuaries and 

apply knowledge from other sources of 

information. They are intended to guide 

decision makers as they review 

proposals for artificial reefs in 

sanctuaries. They clarify how decision 

making criteria contained in NMSP 

regulations will be applied specifically 

to permit applications for artificial reef 

development. 

Response to Comments 

On July 18, 2003, NOAA published a 

notice of availability of the NMSP’s 

Artificial Reef Policy and Permitting 

Guidelines in the Federal Register (68 

FR 42690, Jul. 18, 2003). The policy and 

permitting guidelines have been 

implemented on an interim-final basis 

since that date. NOAA also requested 

comments on the policy and permitting 

guidelines through September 16, 2003. 

The following are NOAA’s responses to 

the comments received. 

Comment 1. Many commenters felt 

that the policy prohibited or was overly 

restrictive of artificial reef development 

within national marine sanctuaries. 

Response: NOAA disagrees. The 

NMSP’s regulations prohibit artificial 

reef development in NMSs by 

prohibiting the placement of structures 

on the submerged lands. This policy 

creates a framework to allow artificial 

reefs under specific conditions (i.e., 

when a project is expected to benefit 

NMS management and would not have 

a detrimental effect on NMS resources). 

The policy applies higher standards of 

resource protection to artificial reef 

projects within NMSs than would apply 

to projects outside NMSs or other 

protected areas. More protective 

requirements are appropriate given the 

nature and purpose of the NMSs. 

Comment 2. Several commenters 

suggested expanding the policy or 

definition of artificial reefs to address 

specific issues, such as coral reef 

restoration and reef balls. 

Response: The primary purpose of the 

policy is to guide decision making 

related to placement of artificial reefs 

within the Sanctuary System. The 

policy is intended to apply to all types 

of artificial reef projects, and not to 

direct the policy to a specific type of 

artificial reef. The policy appropriately 

and specifically excludes natural reef 

restoration projects from application of 

this policy because such projects are 

addressed by the NMSP in a much 

different manner. 

Comment 3. A few commenters felt 

that artificial reefs should not be placed 

in sanctuaries under any circumstances. 

Response: See response to comment 

number 1. 

Comment 4. A few commenters stated 

that all or part of the policy conflicted 

with the National Fishing Enhancement 

Act of 1984 (NFEA). 

Response: NOAA disagrees. While the 

NFEA encourages artificial reef 

development it does not, under any 

circumstance, require their use. Any 

regulatory or statutory requirement that 

prohibits or imposes more restrictive 

requirements on artificial reef 

development is not in direct conflict 

with that statute. The NMSP’s artificial 

reef policy is written pursuant to the 

NMSA and the regulations promulgated 

thereunder. Because the primary 

objective of the NMSA is resource 

protection, it is entirely appropriate that 

the NMSP’s policy be more protective 

than the policy applicable to nonsanctuary waters under the NFEA. 

Comment 5. Some commenters felt 

that the NMSP’s policy imposes more 

burdens on an applicant than the 

requirements of the National Artificial 

Reef Plan (NARP). 

Response: NOAA agrees. The policy 

does exceed the requirements of the 

NARP in several respects including the 

types of monitoring and insurance 

required. As discussed in the response 

to comment number 4, these more 

stringent requirements are consistent 

with the purposes and policies of the 

NMSA and are appropriate for NMSs. 

Comment 6. One commenter 

suggested that the section on the 

definition of an artificial reef should 

refer to applying the policy to oil rigs 

and existing structures that may end up 

being used as artificial reefs in the 

future.