66926 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

transfer, or a timely filed Form 706NA,

the details of the transfer and the extent

to which the allocation was not to

apply.

PART 301—PROCEDURE AND

ADMINISTRATION

Par. 2. The authority citation for part

301 continues to read in part as follows:

Authority: 26 U.S.C. 7805.* * *

Par. 3. Section 301.9100–7T is

amended as follows:

a. Paragraph (a)(1) is amended in the

table by removing both entries for

‘‘1431(a)’’.

b. Paragraph (a)(4)(i) is amended in

the table by removing the entry for

‘‘1431(a)’’.

c. Paragraph (a)(4)(iii) is revised to

read as follows:

§ 301.9100–7T Time and manner of making

certain elections under the Tax Reform Act

of 1986.

(a) * * *

(4) * * *

(iii) Freely revocable election. The

election described in this section under

Act section 311(d)(2) is freely revocable.

* * * * *

PART 602—OMB CONTROL NUMBERS

UNDER THE PAPERWORK

REDUCTION ACT

Par. 4. The authority citation for part

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

Par. 5. In § 602.101, paragraph (c) is

amended by adding entries in numerical

order in the table to read as follows:

§ 602.101 OMB Control numbers.

* * * * *

(c) * * *

CFR part or section where identified and described

Current

OMB control No.

* * * * *

26.2601–1 ................................... 1545–

0985

* * * * *

26.2632– ..................................... 1545–

0985

* * * * *

26.2642–1 ................................... 1545–

0985

26.2642–2 ................................... 1545–

0985

26.2642–3 ................................... 1545–

0985

26.2642–4 ................................... 1545–

0985

CFR part or section where identified and described

Current

OMB control No.

* * * * *

26.2652–2 ................................... 1545–

0985

* * * * *

26.2662–2 ................................... 1545–

0985

* * * * *

Approved: December 14, 1995

Michael P. Dolan,

Deputy Commissioner of Internal Revenue.

Leslie Samuels,

Assistant Secretary of the Treasury

[FR Doc. 95–30873 Filed 12–26–95; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 638

[Docket No. 950929242–5302–02; I.D.

091295A]

RIN 0648–AH74

Coral and Coral Reefs Off the Southern

Atlantic States; Amendment 3

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement Amendment 3 to the Fishery

Management Plan for Coral and Coral

Reefs off the Southern Atlantic States

(FMP). Amendment 3: Establishes an

aquacultured live rock permit system

applicable to the exclusive economic

zone off the southern Atlantic states;

prohibits chipping of aquacultured live

rock; prohibits octocoral harvest north

of Cape Canaveral, FL; and prohibits

anchoring of fishing vessels in the

Oculina Bank habitat area of particular

concern. In addition, NMFS amends the

regulations to correct and clarify certain

regulations, or conform them to current

standards. The intended effect is to

establish a management program for live

rock aquaculture and to protect fishery

habitat.

EFFECTIVE DATE: January 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Georgia Cranmore, 813–570–5305.

SUPPLEMENTARY INFORMATION: The FMP

was prepared by the South Atlantic

Fishery Management Council (Council)

and is implemented through regulations

at 50 CFR part 638 under the authority

of the Magnuson Fishery Conservation

and Management Act (Magnuson Act).

With implementation of Amendment 3,

the title of the FMP is changed to the

Fishery Management Plan for Coral,

Coral Reefs, and Live/Hard Bottom

Habitats of the South Atlantic Region.

This title change reflects the Council’s

intent to manage and protect essential

live/hard bottom habitats as well as

coral resources.

Detailed descriptions and rationale for

the measures in Amendment 3 and for

additional changes proposed by NMFS

were included in the preamble to the

proposed rule (60 FR 53730, October 17,

1995) and are not repeated here.

Comments and Responses

During the public comment period

ending November 27, 1995, comments

were received from the U.S. Fish and

Wildlife Service (USFWS) and the

Center for Marine Conservation (CMC).

USFWS and CMC commended the

Council for its record on coral reef

protection and its recognition of the

importance of live rock to the marine

ecosystem. USFWS supported the coral

conservation and habitat protection

measures of Amendment 3.

Comment: CMC fully supports

Amendment 3, because it is expected to

minimize enforcement problems,

protect important live bottom

communities, and minimize further

damage to the Oculina Bank area. CMC

also urges NMFS not to delay

implementation of the aquaculture

permit system.

Response: Since a very similar permit

system is already in place for live rock

aquaculture in the Gulf of Mexico,

NMFS expects no delays in

implementing the aquaculture permit

provisions of Amendment 3, including

the special provisions for proposed sites

off the southern Atlantic states.

Changes From the Proposed Rule

In § 638.2, the note added to the

definition of ‘‘Allowable octocoral’’ to

clarify the distinction between

allowable octocoral and live rock is

removed. Since publication of the

proposed rule, a clarifying note was

added to 50 CFR part 638 via the final

rule implementing Amendment 3 to the

Fishery Management Plan for Coral and

Coral Reefs of the Gulf of Mexico (60 FR

56533, November 9, 1995); therefore, the

note is unnecessary.

Approval of Amendment 3

On December 15, 1995, the Director,

Southeast Region, NMFS (Regional

Director), approved Amendment 3.
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 66927

Classification

The Regional Director determined that

Amendment 3 is necessary for the

conservation and management of the

coral and coral reef resources and live/

hard bottom habitats off the southern

Atlantic states and that it is consistent

with the Magnuson Act and other

applicable law.

This action has been determined to be

not significant for purposes of E.O.

12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration when

the proposed rule was published that it

would not have a significant economic

impact on a substantial number of small

entities. The reasons for this

certification were published in the

preamble to the proposed rule (60 FR

53731, October 17, 1995) and are not

repeated here. As a result, a regulatory

flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 638

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: December 20, 1995.

Nancy Foster,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 638 is amended

as follows:

PART 638—CORAL AND CORAL

REEFS OF THE GULF OF MEXICO AND

OFF THE SOUTHERN ATLANTIC

STATES

1. The authority citation for part 638

continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. The title of part 638 is revised to

read as set forth above.

§ 638.1 [Amended]

3. In § 638.1, in paragraph (a), the

phrase ‘‘Fishery Management Plan for

Coral and Coral Reefs off the Southern

Atlantic States’’ is removed and

‘‘Fishery Management Plan for Coral,

Coral Reefs, and Live/Hard Bottom

Habitats of the South Atlantic Region’’

is added in its place.

4. In § 638.4, the last sentence in

paragraph (a)(1)(v) is revised to read as

follows:

§ 638.4 Permits and fees.

(a) * * *

(1) * * *

(v) * * * A person who has been

issued an aquacultured live rock permit

is exempt from the requirement to

obtain a permit for prohibited coral that

is attached to aquacultured live rock.

* * * * *

5. In § 638.7, in paragraph (k), the

reference to ‘‘(c)’’ is removed and

‘‘(c)(1)’’ is added in its place; in

paragraph (q), the reference to

‘‘§ 635.26(c)’’ is removed and

‘‘§ 638.26(c)’’ is added in its place; and

paragraphs (x), (y), and (z) are added to

read as follows:

§ 638.7 Prohibitions.

* * * * *

(x) Harvest allowable octocoral in the

EEZ off the southern Atlantic states,

north of Cape Canaveral, FL (28°35.1′ N.

lat.—due east of the NASA Vehicle

Assembly Building) or possess

allowable octocoral in or from that area,

as specified in § 638.21(b).

(y) Anchor a fishing vessel, or use an

anchor and chain or grapple and chain

on board a fishing vessel, in the Oculina

Bank HAPC, as specified in

§ 638.23(c)(2).

(z) Harvest aquacultured live rock by

chipping in the EEZ off the southern

Atlantic states; possess chipped

aquacultured live rock in or from that

area; remove allowable octocoral or

prohibited coral from aquacultured live

rock; or, while in possession of

aquacultured live rock, possess

prohibited coral not attached to

aquacultured live rock or allowable

octocoral, as specified in § 638.27(c).

6. Section 638.21 is revised to read as

follows:

§ 638.21 Harvest limitations.

(a) Incidental harvest. Except as

authorized by a Federal permit or a

Florida permit as specified in § 638.4,

prohibited coral, allowable octocoral,

and live rock taken as incidental catch

must be returned immediately to the sea

in the general area of fishing. In

fisheries where the entire catch is

landed unsorted, such as the scallop

and groundfish fisheries, unsorted

prohibited coral, allowable octocoral,

and live rock are exempt from the

requirement for a Federal permit and

may be landed; however, no person may

sell, trade, or barter or attempt to sell,

trade, or barter such prohibited coral,

allowable octocoral, or live rock.

(b) Allowable octocoral harvest.

Harvest of allowable octocoral in the

EEZ off the southern Atlantic states,

north of Cape Canaveral, FL (28°35.1′ N.

lat.—due east of the NASA Vehicle

Assembly Building) or possession of

allowable octocoral in or from that area

is prohibited. See the note included in

the definition of ‘‘Allowable octocoral’’

for clarification of the distinction

between allowable octocoral and live

rock.

7. In § 638.23, in paragraphs (a)(1) and

(b)(1), the references to ‘‘§ 634.4’’ are

removed and ‘‘§ 638.4’’ is added in both

places; and paragraph (c) is revised to

read as follows:

§ 638.23 Habitat areas of particular

concern.

* * * * *

(c) Oculina Bank. The Oculina Bank

is located approximately 15 nautical

miles east of Fort Pierce, FL, at its

nearest point to shore, and is bounded

on the north by 27°53′ N. lat., on the

south by 27°30′ N. lat., on the east by

79°56′ W. long., and on the west by

80°00′ W. long. The following

restrictions apply in the HAPC:

(1) Fishing with bottom longlines,

traps, pots, dredges, or bottom trawls is

prohibited. See § 646.26(d) of this

chapter for prohibitions on fishing for

snapper-grouper in the Oculina Bank

HAPC.

(2) Anchoring of fishing vessels, or

using an anchor and chain or grapple

and chain on board a fishing vessel, is

prohibited.

8. In § 638.27, in the first sentence of

paragraph (a), the phrase ‘‘from the Gulf

of Mexico EEZ’’ is removed; paragraph

(b)(2) is revised; and two sentences are

added at the end of paragraph (c) to read

as follows:

§ 638.27 Aquacultured live rock.

* * * * *

(b)* * *

(2) Material deposited on the

aquaculture site—

(i) May not be placed over naturally

occurring reef outcrops, limestone

ledges, coral reefs, or vegetated areas;

(ii) Must be free of contaminants;

(iii) Must be nontoxic;

(iv) Must be placed on the site by

hand or lowered completely to the

bottom under restraint, that is, not

allowed to fall freely;

(v) Must be placed from a vessel that

is anchored;

(vi) In the Gulf of Mexico EEZ, must

be distinguishable, geologically or

otherwise (for example, be indelibly

marked or tagged), from the naturally

occurring substrate; and

(vii) In the EEZ off the southern

Atlantic states must be geologically

distinguishable from the naturally

occurring substrate and, in addition,

may be indelibly marked or tagged.

* * * * *

(c) * * * In addition, the following

activities are prohibited off the southern

Atlantic states: Chipping of

aquacultured live rock in the EEZ;

possession of chipped aquacultured live
66928 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

rock in or from the EEZ; removal of

allowable octocoral or prohibited coral

from aquacultured live rock in or from

the EEZ; and possession of prohibited

coral not attached to aquacultured live

rock or allowable octocoral, while

aquacultured live rock is in possession.

See the note included in the definition

of ‘‘Allowable octocoral’’ for

clarification of the distinction between

allowable octocoral and live rock.

* * * * *

[FR Doc. 95–31337 Filed 12–26–95; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 658

[Docket No. 951013251–5303–02; I.D.

091295B]

RIN 0648–AH72

Shrimp Fishery of the Gulf of Mexico;

Amendment 8

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement Amendment 8 to the Fishery

Management Plan for the Shrimp

Fishery of the Gulf of Mexico (FMP).

Amendment 8 and this final rule

establish a revised FMP framework

rulemaking procedure for establishing

or modifying certain management

measures applicable to the fishery for

royal red shrimp in the Gulf of Mexico

exclusive economic zone. The intended

effect of this measure is to allow more

timely implementation of management

measures.

EFFECTIVE DATE: January 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Michael E. Justen, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

shrimp fishery of the Gulf of Mexico is

managed under the FMP. The FMP was

prepared by the Gulf of Mexico Fishery

Management Council and is

implemented through regulations at 50

CFR part 658 under the authority of the

Magnuson Fishery Conservation and

Management Act (Magnuson Act).

Explanation of the revised framework

rulemaking procedure and the

background and rationale for the

procedure are contained in the preamble

of the proposed rule to implement

Amendment 8 (60 FR 54663, October

25, 1995) and are not repeated here. No

comments were received on the

proposed rule, and it is published as a

final rule without change.

Approval of Amendment 8

On December 15, 1995, the Director,

Southeast Region, NMFS (Regional

Director), approved Amendment 8.

Classification

The Regional Director determined that

Amendment 8 is necessary for the

conservation and management of the

shrimp fishery of the Gulf of Mexico

and that it is consistent with the

Magnuson Act and other applicable

laws.

This action has been determined to be

not significant for purposes of E.O.

12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

rule would not have a significant

economic impact on a substantial

number of small entities. The reasons

for this certification were published in

the preamble to the proposed rule (60

FR 54663, October 25, 1995) and are not

repeated here. As a result, a regulatory

flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 658

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: December 20, 1995.

Nancy Foster,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 658 is amended

as follows:

PART 658—SHRIMP FISHERY OF THE

GULF OF MEXICO

1. The authority citation for part 658

continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. A new § 658.29 is added to read as

follows:

§ 658.29 Adjustment of management

measures.

In accordance with the procedures

and limitations of the Fishery

Management Plan for the Shrimp

Fishery of the Gulf of Mexico, the

Regional Director may establish or

modify the maximum sustainable yield,

optimum yield, and total allowable

catch for royal red shrimp.

[FR Doc. 95–31338 Filed 12–26–95; 8:45 am]

BILLING CODE 3510–22–F