[Federal Register Volume 74, Number 42 (Thursday, March 5, 2009)]
[Proposed Rules]
[Pages 9574-9575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4569]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

RIN 0648-AX34


Changes to the Florida Keys National Marine Sanctuary 
Regulations; Technical Corrections and Minor Substantive Changes

AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic 
and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION: Correction; Extend public comment period.

-----------------------------------------------------------------------

SUMMARY: On December 19, 2008, NOAA published a proposed rule in the 
Federal Register that makes technical corrections and minor 
modifications to the Florida Keys National Marine Sanctuary (FKNMS) 
regulations. The preamble of that document contained an inaccurate 
reference to U.S. Coast Guard regulations, which was a basis for one of 
the proposed modifications. This document eliminates that reference and 
clarifies the rationale for making this regulation change. The ONMS is 
preparing an environmental assessment pursuant to the National 
Environmental Policy Act.

DATES: The public comment period on the proposed rule published at 73 
FR 77557, December 19, 2008, is reopened. Comments will be accepted 
through March 26, 2009.

ADDRESSES: Comments may be submitted by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Submit electronic comments via the Federal e-Rulemaking Portal;
     Mail: David A. Score, Superintendent, Florida Keys 
National Marine Sanctuary, 33 East Quay Road, Key West, FL 33040.
     Instructions: All comments received are a part of the 
public record and will be generally posted to http://www.regulations.gov without change. All Personal Identifying 
Information (for

[[Page 9575]]

example, name, address, etc.) voluntarily submitted by the commenter 
may be publicly accessible. Do not submit confidential business 
information or otherwise sensitive or protected information. NOAA will 
accept anonymous comments (enter N/A in the required fields if you wish 
to remain anonymous). Attachments to electronic comments will be 
accepted in Microsoft Word, Excel, Wordperfect, or Adobe PDF file 
formats only.

FOR FURTHER INFORMATION CONTACT: David A. Score, Superintendent, 
Florida Keys National Marine Sanctuary, 33 East Quay Road, Key West, FL 
33040.

SUPPLEMENTARY INFORMATION:

Need for Correction

    In the preamble of the proposed rule, NOAA incorrectly stated that 
the U.S. Coast Guard regulation Rule 27e specified a minimum distance 
of 100 yards between vessels and ``divers down'' flags. In fact, only 
the applicable Florida Statute specifies the 100-yard minimum distance 
requirement (Section 327.331 FS). In order to be consistent with the 
regulations issued by the State of Florida and consistent in both state 
and federal waters of the sanctuary, NOAA proposes to change our 
regulations from ``100 feet'' in 922.163 (a)(5)(iii)(C) to ``100 
yards.'' Requiring a uniform minimum distance in both state and federal 
waters simplifies the sanctuary regulations, and therefore improves 
compliance for sanctuary users and enforcement of a single regulation. 
The regulation allows both diving and vessel operations to occur in 
relatively the same area without conflict. A consistent regulation also 
allows for better public education programs. NOAA is preparing an 
environmental assessment pursuant to the National Environmental Policy 
Act to analyze the impacts associated with this modification to the 
Florida Keys National Marine Sanctuary regulations.

Request for Comments

    NOAA reopens the public comment period on the proposed rule to make 
technical corrections and amendments to the FKNMS regulations.

Daniel J. Basta,
Director, Office of National Marine Sanctuaries.
[FR Doc. E9-4569 Filed 3-4-09; 8:45 am]
BILLING CODE 3510-22-M