Flower Garden Banks National Marine Sanctuary Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 943

[Docket 950207042-5042-01]

RIN 0648-AB49

Flower Garden Banks National Marine Sanctuary Regulations

agency: Office of Ocean and Coastal Resource Management (OCRM),

National Ocean Service (NOS), National Oceanic and Atmospheric

Administration (NOAA), Department of Commerce (DOC).

action: Final rule.

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summary: This document adopts as final regulations without change the

interim final portion of regulations implementing the designation of

the Flower Garden Banks National Marine Sanctuary, published on

December 5, 1991 (56 FR 63634).

effective date: March 27, 1995.

for further information contact: Edward Lindelof, Gulf and Caribbean

Regional Manager, Sanctuaries and Reserves Division, Office of Ocean

and Coastal Resource Management, National Ocean Service, National

Oceanic and Atmospheric Administration, 1305 East West Highway, SSMC-4,

Silver Spring, MD 20910 (301/713-3137).

supplementary information: Section 101 of P.L. 102-251, signed into law

on March 9, 1992, provides that the designation of the Flower Garden

Banks National Marine Sanctuary took effect on January 17, 1992. Both

final and interim final regulations implementing the designation were

published on December 5, 1991 (56 FR 63634); NOAA invited comments on

the interim final regulations to be submitted in writing on or before

February 3, 1992. NOAA received one comment, which is discussed below

under Background. The comment results in no change. Accordingly, the

interim final portions of 15 CFR part 943 (Sec. 943.3(a)(5), (6), (7),

(9), (12), (14), and (15), Sec. 943.5 (a)(1), (11) (12) (13), and (e),

and Sec. 943.6, published at 56 FR 63634, December 5, 1991) are adopted

as final regulations without change.

I. Background

As indicated above, NOAA invited comments on the interim final

regulations to be considered if submitted in writing on or before

February 3, 1992. The following comment was received by NOAA in

response to the interim final regulations prohibiting exploring for,

developing or producing oil, gas or minerals within a no-activity zone

(15 CFR Sec. 943.5(a)(1)).

(1) Comment: The commenter recommends that the prohibition against

exploring for, developing or producing oil, gas or minerals within a

no-activity zone not apply to geophysical surveys and seismic

exploration.

Response: The prohibition against exploring for, developing or

producing oil, gas or minerals within a no-activity zone does not apply

to geophysical surveys and seismic exploration. However, seismic

techniques involving possessing or using explosives, or releasing

electrical discharges, are prohibited in the Sanctuary by regulation 15

CFR Sec. 943.5(a)(14).

The use of air guns involved in seismic surveys in the Flower

Garden Banks National Marine Sanctuary has been listed for possible

regulation, so that if the use of air guns in seismic surveys is later

demonstrated to have an adverse impact on Sanctuary resources,

additional regulations can be proposed. If such regulations are

eventually proposed, the public will have an [[Page 10313]] opportunity

to comment on them at that time.

Because air gun use in seismic operations may cause short-term

behavioral changes in marine organisms (especially sharks and rays

which school in the Sanctuary), and interfere with recreational diving,

NOAA will seek additional information on these effects, and also

identify time periods when air gun operations will have the least

potential for impacts on Sanctuary resources and recreational divers.

Because air gun operations may result in accidental loss of mooring

buoys at the Sanctuary site, NOAA has requested that the Minerals

Management Service require seismic surveyors to:

--Remove mooring buoys immediately before, and replace immediately

after, a seismic survey is run through the Sanctuary;

--Announce the time that the mooring buoys will not be available in a

Notice to Mariners.

II. Miscellaneous Rulemaking Requirements

The information in the December 5, 1991, Federal Register document

addressing miscellaneous rulemaking requirements has not changed. There

are no additional collection of information requirements.

Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary

Program.

Dated: February 15, 1995.

W. Stanley Wilson,

Assistant Administrator for Ocean Services and Coastal Zone Management.

PART 943--FLOWER GARDENS BANKS NATIONAL MARINE SANCTUARY

Accordingly, the interim final rule portion of 15 CFR part 943,

which was published at 56 FR 63634 on December 5, 1991, is adopted as a

final rule without change.

[FR Doc. 95-4534 Filed 2-23-95; 8:45 am]

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