0648-AV85 Final Rule

Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations

ADAMS accession No./
web link/Federal
Register citation

Document
Proposed Certificate of Compliance No. 1032 Amendment No. 6 Approved Contents and Design Features, Appendix B.
User Need Memorandum for Rulemaking for the HI–STORM Flood/Wind Multipurpose Canister Storage System,
Amendment No. 6.

The NRC may post materials related
to this document, including public
comments, on the Federal rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2022–0181. In
addition, the Federal rulemaking
website allows members of the public to
receive alerts when changes or additions
occur in a docket folder. To subscribe:
(1) navigate to the docket folder (NRC–
2022–0181), (2) click the ‘‘Subscribe’’
link, and (3) enter an email address and
click on the ‘‘Subscribe’’ link.
List of Subjects in 10 CFR Part 72
Administrative practice and
procedure, Hazardous waste, Indians,
Intergovernmental relations, Nuclear
energy, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; the Nuclear Waste Policy
Act of 1982, as amended; and 5 U.S.C.
552 and 553; the NRC is adopting the
following amendments to 10 CFR part
72:
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
1. The authority citation for part 72
continues to read as follows:

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Authority: Atomic Energy Act of 1954,
secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182,
183, 184, 186, 187, 189, 223, 234, 274 (42
U.S.C. 2071, 2073, 2077, 2092, 2093, 2095,
2099, 2111, 2201, 2210e, 2232, 2233, 2234,
2236, 2237, 2238, 2273, 2282, 2021); Energy
Reorganization Act of 1974, secs. 201, 202,
206, 211 (42 U.S.C. 5841, 5842, 5846, 5851);
National Environmental Policy Act of 1969
(42 U.S.C. 4332); Nuclear Waste Policy Act
of 1982, secs. 117(a), 132, 133, 134, 135, 137,
141, 145(g), 148, 218(a) (42 U.S.C. 10137(a),
10152, 10153, 10154, 10155, 10157, 10161,
10165(g), 10168, 10198(a)); 44 U.S.C. 3504
note.

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ML22145A407.

DEPARTMENT OF COMMERCE

*

National Oceanic and Atmospheric
Administration

*
*
*
*
Certificate Number: 1032.
Initial Certificate Effective Date: June
13, 2011, superseded by Amendment
Number 0, Revision 1, on April 25,
2016.
Amendment Number 0, Revision 1,
Effective Date: April 25, 2016.
Amendment Number 1 Effective Date:
December 17, 2014, superseded by
Amendment Number 1, Revision 1, on
June 2, 2015.
Amendment Number 1, Revision 1,
Effective Date: June 2, 2015.
Amendment Number 2 Effective Date:
November 7, 2016.
Amendment Number 3 Effective Date:
September 11, 2017.
Amendment Number 4 Effective Date:
July 14, 2020.
Amendment Number 5 Effective Date:
July 27, 2020.
Amendment Number 6 Effective Date:
March 22, 2023.
Amendment Number 7 [Reserved]
Amendment Number 8 Effective Date:
October 11, 2022.
SAR Submitted by: Holtec
International.
SAR Title: Final Safety Analysis
Report for the HI–STORM FW System.
Docket Number: 72–1032.
Certificate Expiration Date: June 12,
2031.
Model Number: HI–STORM FW
MPC–37, MPC–89.
*
*
*
*
*
Dated: December 21, 2022.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2022–28633 Filed 1–5–23; 8:45 am]
BILLING CODE 7590–01–P

2. In § 72.214, revise Certificate of
Compliance No. 1032 to read as follows:

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§ 72.214 List of approved spent fuel
storage casks.

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15 CFR Part 922
[Docket No. 221215–0274]
RIN 0648–AV85

National Marine Sanctuary Regulations
Office of National Marine
Sanctuaries (ONMS), National Oceanic
and Atmospheric Administration
(NOAA), Department of Commerce
(DOC).
ACTION: Final rule; interim final rule;
administrative withdrawal.
AGENCY:

The National Oceanic and
Atmospheric Administration (NOAA)
published in the Federal Register on
May 13, 2022 an interim final rule
amending the National Marine
Sanctuaries program regulations, which
has not yet gone into effect. With this
final rule, NOAA administratively
withdraws the amendatory instructions
and associated regulatory text of the
interim final rule, and, in response to
public comment replaces it with slightly
revised amendatory instructions and
regulatory text for a few—but not all—
provisions that were in that interim
final rule. NOAA, however, retains the
preamble and the responses to public
comments provided in the interim final
rule. Even with these revisions, this
final rule is largely similar to the
interim final rule, except that NOAA
retains the existing regulatory language
on the definition of ‘‘commercial
fishing’’ and retains the opportunity for
third party appeals of sanctuary
permitting decisions by interested
parties in those sanctuaries that
currently recognize such appeals. In
addition, this final rule removes
amendatory instructions for updating
the boundary description and boundary
coordinates for the Flower Garden
Banks National Marine Sanctuary
(NMS), which were inadvertently
included in the interim final rule and
did not reflect a boundary expansion
that went into effect on March 22, 2021.
This document provides responses to
additional comments received on the
interim final rule.

SUMMARY:

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Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations

This rule is effective on February
6, 2023. As of January 6, 2023, the
interim final rule published May 13,
2022, at 87 FR 29606, delayed on June
24, 2022, at 87 FR 37228, and further
delayed on September 14, 2022 (87 FR
56268), is withdrawn.
ADDRESSES: Vicki Wedell, NOAA Office
of National Marine Sanctuaries, (240)
533–0650, Vicki.Wedell@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Vicki Wedell, NOAA Office of National
Marine Sanctuaries, (240) 533–0650,
Vicki.Wedell@noaa.gov.
SUPPLEMENTARY INFORMATION:

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DATES:

I. Background
The National Marine Sanctuaries Act
(NMSA) authorizes the Secretary of
Commerce (Secretary) to designate,
manage, and protect as a national
marine sanctuary (NMS) any area of the
marine environment that is of special
national significance due to its
conservation, recreational, ecological,
historical, scientific, cultural,
archeological, educational, or esthetic
qualities (16 U.S.C. 1431 et seq.). Since
the NMSA was enacted, fifteen (15)
NMSs have been designated. Day-to-day
management of the National Marine
Sanctuaries System (System) is
delegated from the Secretary to NOAA’s
Office of National Marine Sanctuaries
(ONMS). Regulations implementing the
NMSA are codified in Title 15, part 922
of the Code of Federal Regulations
(CFR). Part 922 includes general
regulations applicable to all sanctuaries
(subparts A through E) and site-specific
regulations that relate to each individual
sanctuary (subparts F through T).
As the System evolved and new
sanctuaries were designated,
corresponding changes were made to
the general and site-specific regulations.
In certain instances, these changes
produced redundant, inconsistent,
outdated, or conflicting regulatory
provisions. NOAA published a
proposed rule on January 18, 2011 (78
FR 5998) to update and streamline the
regulations, and subsequently published
an interim final rule on May 13, 2022
adopting the proposed changes,
establishing a delayed effective date,
and providing an opportunity for
additional public comment (87 FR
29606). This final rule withdraws the
amendatory instructions and associated
regulatory text of that interim final rule,
but retains the preamble and responses
to comments provided in that interim
final rule. The effect of this final rule is
to affirm much of that interim final rule,
as this final rule is largely similar to the
interim final rule. As such, this final
rule updates both the general and site-

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specific regulations as contemplated in
the original proposed rule, making the
regulations more consistent, uniform,
concise, organized, and understandable
by:
• Reorganizing and consolidating
existing general regulations published
in subparts A (General), B (Sanctuary
Nomination Process), C (Designation of
National Marine Sanctuaries), D
(Management Plan Development and
Implementation, and E (Regulations of
General Applicability) into a new
subpart A (Regulations of General
Applicability);
• Updating and consolidating
sanctuary permitting procedures and
requirements into a new subpart D
(National Marine Sanctuary Permitting),
which applies to all sanctuaries unless
expressly stated in subpart D or the sitespecific regulations;
• Reserving subparts B, C, and E; and
• Making non-substantive,
administrative changes to the sitespecific sanctuary regulations set forth
in subparts F through T of 15 CFR part
922.
II. Changes to the Interim Final Rule
This final rule administratively
withdraws the amendatory instructions
and associated text from the interim
final rule published on May 13, 2022, at
87 FR 29606,1 and replaces them with
the amendatory instructions and
associated regulatory text herein, while
retaining the interim final rule’s
preamble discussion and the interim
final rule’s responses to comments. The
effect of this final rule is to largely
affirm the interim final rule, while
making minor amendments in certain
provisions to respond to comments and
make technical corrections to boundary
coordinates.
As noted below in ‘‘III. Response to
Comments on the interim final rule’’,
NOAA retains the existing regulatory
language for the definition of the term
‘‘commercial fishing’’ and for third
party appeals of sanctuary permitting
decisions by interested persons in those
sanctuaries that currently recognize
such appeals (i.e., Monitor, Channel
Islands, Greater Farallones, Gray’s Reef,
Cordell Bank, Mallows Bay—Potomac
River, Wisconsin Shipwreck Coast
national marine sanctuaries, and
National Marine Sanctuary of American
Samoa). In addition, this final rule
removes amendatory instructions for
updating the boundary description and
boundary coordinates for the Flower
1 Note, the effective date of Interim Final Rule
was delayed on June 24, 2022, at 87 FR 37228, and
again delayed on September 14, 2022 at 87 FR
56268.

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Garden Banks National Marine
Sanctuary (NMS), which were
inadvertently included in the interim
final rule and did not reflect the
boundary expansion that went into
effect on March 22, 2021 (86 FR 15404).
These changes from the interim final
rule are discussed below in more detail.
In FR Doc. 2022–09626 appearing on
page 29606 in the Federal Register of
Friday, May 13, 2022, the following
corrections are made:
A. Instruction 19 in the regulatory text
of the interim final rule, appearing at 87
FR 29633, directed the Federal Register
to revise paragraph (a) in 15 CFR 922.92.
However, only the introductory text of
the paragraph was set out and the
remaining subparagraphs in the section
were inadvertently omitted. The
instruction should have said to revise
the introductory text of paragraph (a),
keeping the subparagraphs unchanged.
In order to retain the subparagraphs to
(a), NOAA publishes this final rule with
this technical correction and makes the
corresponding changes to the
amendatory instructions below.
B. Instructions 29 and 33 in the
regulatory text are removed. The
boundary description for Flower Garden
Banks NMS is set forth in 15 CFR
922.120, and Appendix A of 15 CFR 922
subpart L, includes the boundary
coordinates for the Flower Garden
Banks NMS. The sanctuary was
expanded in 2021 to include several
additional banks in the northwestern
Gulf of Mexico (86 FR 4937; January 19,
2021). The amendatory instructions to
revise the boundary description in 15
CFR 922.120 and the table of boundary
coordinates are removed so the areas
added to the sanctuary in 2021 will be
retained.
In response to a public comment
requesting that NOAA conduct
additional analysis before modifying the
definition of the term ‘‘commercial
fishing,’’ NOAA has decided not to
move forward with changing the
definition. NOAA will further evaluate
the issues before proposing to modify
the definition of the term ‘‘commercial
fishing.’’
Based on the input we received
through public comments, NOAA has
decided not to finalize the proposal to
limit third party appeals to only
applicants and permittees in sites that
allow any interested person to appeal.
Instead, NOAA is retaining the existing
language in the regulations that
provides the opportunity for third party
administrative appeals at Monitor NMS,
Channel Islands NMS, Greater
Farallones NMS, Gray’s Reef, NMS of
American Samoa, Cordell Bank NMS,
Mallows Bay Potomac River NMS, and

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Wisconsin Shipwreck Coast NMS (see
subparts F through K and S and T).
NOAA intends to continue evaluating
the process for engaging with interested
parties in sanctuary permitting
decisions and may revisit this issue in
a subsequent rulemaking process.
III. Response to Comments on the
Interim Final Rule
NOAA received eight public
comments on the interim final rule,
which are divided into ten topics. Each
topic is summarized below and NOAA’s
responses follow.
1. Comment: NOAA received several
comments that expressed general
support for the housekeeping
rulemaking effort, in which NOAA
seeks to streamline and clarify
important elements of ONMS
regulations. There was also support for
specific provisions, including the
decision not to consolidate the
definition of ‘‘traditional fishing’’ and
the decision to extend the deadline from
120 days to 180 days for a Regional
Fishery Management Council to respond
to a request for draft fishing regulations
pursuant to NMSA section 304(a)(5).
Response: NOAA appreciates the
public support for those provisions.
2. Comment: NOAA received a
comment that identified a correction
that needs to be made regarding a web
page on the ONMS website that should
be updated to include the new
expanded Flower Garden Banks NMS
boundaries. The commenter also
identified that Appendix A to subpart L
of 15 CFR part 922 should be updated
to include the new expanded Flower
Garden Banks NMS boundaries.
Response: NOAA will update the web
page accordingly and, as discussed
above, this final rule corrects the
interim final rule to accurately describe
the Flower Garden Banks NMS
boundaries in subpart L of 15 CFR part
922.
3. Comment: NOAA received a
comment requesting that it reissue the
rulemaking as a proposed rule to solicit
additional public comment.
Response: NOAA declines to reissue
the rulemaking as a proposed rule.
Although several years have passed
since the 2013 proposed rule was
published, NOAA believes the
organizational and clarifying changes
contained in that proposed rule remain
relevant and useful, and will make it
easier for stakeholders and the public to
understand and navigate the NMSA
regulations. NOAA accepted public
comment on the proposed rule for a
period of sixty days from January 28,
2013 through March 28, 2013, and
NOAA received 28 comments on the

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proposed rule. Recognizing the time that
elapsed since the publication of the
2013 proposed rule, NOAA issued an
interim final rule with a delayed
effective date that provided an
additional thirty-day public comment
period, which opened on May 13, 2022
and closed on June 13, 2022. The
purpose of this additional public
comment period was to provide NOAA
with further opportunity to consider the
potential impact of this action,
including any relevant new issues or
concerns that may have arisen in the
years since the rule was proposed.
NOAA received only eight public
comments on the interim final rule. In
total, ninety days of public comment
have been afforded for this Action.
Given this, NOAA believes there has
been sufficient opportunity for public
engagement to identify the relevant
views of the public related to this
rulemaking.
4. Comment: One commenter
questioned the proposed modification to
the definition of the term ‘‘commercial
fishing’’ and recommended that
additional analysis be completed before
the definition is changed. The
commenter noted that commercial
fishing includes specific permitting,
reporting and operational requirements
and that simply trying to sell fish does
not make that person a commercial
fisher. The commenter asked how the
definition considers charter or for-hire
captains that are permitted to sell their
catch. Lastly, the commenter questioned
how attempts to fish commercially
would be enforced.
Response: NOAA reviewed the
proposed modification to the definition
of the term ‘‘commercial fishing’’ in
light of the concerns raised by the
commenter and has decided not to
finalize the proposed modification to
the definition. NOAA will continue to
evaluate the proposed modification and
may revisit this issue in a subsequent
rulemaking.
5. Comment: One commenter
questioned the modification of the term
‘‘conventional hook and line gear’’ and
recommended that additional analysis
be completed before the definition is
changed. They indicated that the
implications of removing the term
‘‘bottom’’ in the term ‘‘bottom longline’’
are uncertain and it is unclear why
‘‘bottom longline’’ is not considered
‘‘conventional hook and line gear.’’ The
commenter also asked about the
implications of the change for pelagic
longline and buoy gear. The commenter
further asked whether the length of the
gear (e.g., the mainline) or number of
hooks deployed or the material of the

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955

mainline impact the applicability of the
term ‘‘conventional hook and line gear.’’
Response: In Flower Garden Banks
NMS, ‘‘conventional hook and line
gear’’ is an exception to various
regulatory prohibitions relating to the
discharge or deposit of material within
the sanctuary, injuring fish, whale shark
and other sanctuary resources identified
in the site-specific regulations at
922.122(a)(3)(i)(A) and (a)(7)–(10).
Related to this sanctuary’s regulations,
‘‘conventional hook and line gear’’ is
inclusive of any fishing gear composed
of a single line terminated by a
combination of sinkers and hooks or
lures. The definition of ‘‘conventional
hook and line gear’’ was first introduced
with the designation Flower Garden
Banks NMS, which is the only site that
uses the term. Historically, longline,
particularly bottom longline, has been
excluded from the definition of
‘‘conventional hook and line gear’’ (56
FR 64634; Dec. 5, 1991). According to
the 1991 Flower Garden Banks NMS
Final Environmental Impact Statement
(FGBNMS FMP/FEIS), handlines were
the only commercial fishing method
documented at Flower Garden Banks
NMS at the time of the designation and
were particularly used for reef fish (see
p. 40, FGBNMS FMP/FEIS). The use of
bottom longlines and similar gear (such
as buoy gear) was and still remains
prohibited at Flower Garden Banks
NMS pursuant to regulations
implementing the Gulf of Mexico
Fishery Management Plan for Coral and
Coral Reefs (see p. 40, FGBNMS FMP/
FEIS; see e.g., 50 CFR 622.74(p), (q), and
(r)). Sport fishermen also used
handlines to fish for snappers and
groupers (see p. 40–41, FGBNMS FMP/
FEIS). Since longline (including pelagic
and buoy gear) is a single line fitted
with a series of offshoot lines
(ganglions) and baited hooks along its
entire length, it does not fit within the
definition of ‘‘conventional hook and
line gear,’’ which is a single line
terminated by a combination of sinkers
and hooks or lures. The purpose of this
rulemaking is not to make substantive
changes to the definition; rather, the
purpose, as noted in the 2013 proposed
rule, is to clarify that the fishing gear
prohibition applies to all types of
longlines in Flower Garden Banks NMS,
and not just bottom longlines (78 FR
5998, 6001; Jan. 28, 2013). The length of
the longline mainline, numbers of hooks
along the offshoot lines, and material of
the mainline does not impact the
applicability of the term ‘‘conventional
hook and line’’ as this term applies to
the site-specific regulations for Flower
Garden Banks NMS.

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Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations

6. Comment: One commenter
expressed concerns that the changes
between the proposed rule and the
interim final rule regarding the
definition of the term ‘‘take (taking or
taken)’’ limits its applicability to marine
mammals, sea turtles and birds with
protections under those laws identified
(the Endangered Species Act (ESA), the
Marine Mammal Protection Act
(MMPA), and the Migratory Bird Treaty
Act (MBTA)), and asserted that the final
definition excludes animals that were
proposed to be included. The
commenter asked that NOAA provide
additional information about the
impacts of this rulemaking on ESAlisted species and suggested that the
changes to the definition of ‘‘take
(taking or taken)’’ may affect listed
species and therefore may require
consultation under Section 7 of the
Endangered Species Act.
Response: The proposed rule sought
to reformat and update the existing
definition of ‘‘take or taking.’’ The
proposed definition of ‘‘take or taking’’
also included a fourth provision
intended to clarify that the definition
did not only apply to marine mammals,
sea turtles, or birds, but also applied to
other sanctuary resources. In response
to public comments concerned that the
proposed definition of ‘‘take or taking’’
inadvertently expanded the scope of the
existing regulatory prohibitions (see
interim final rule Comment 24 in
Section IV. Responses to Comments),
NOAA revised the proposed definition
by eliminating the fourth provision. For
site-specific regulations that prohibit
take of other living or non-living
sanctuary resources (e.g., 15 CFR
922.112(a); 922.132(11)(i); 922.163(a)(2),
(5); 922.164(d)(ii)), the plain language
reading of the term ‘‘take (taking or
taken)’’ continues to apply. In this final
rule (as in the interim final rule), NOAA
neither expands nor narrows the scope
of the term ‘‘take’’ which applies to
species listed under the ESA, MMPA, or
MBTA. This action makes no change to
the current definition of the term ‘‘take’’
as it applies to ESA-listed marine
mammals, sea turtles, and seabirds.
Therefore, ONMS does not believe there
is a substantive impact on ESA-listed
species, or that the Section 7 ESA
consultation requirement is triggered.
7. Comment: NOAA received
comments that raised concerns
regarding limiting administrative permit
appeals to applicants and holders of
permits. These comments asserted that
all sanctuaries should allow third
parties to have an opportunity for an
administrative appeal of ONMS permit
decisions. The commenters also noted
that, eliminating third party permit

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appeals, would force third parties to
litigate sanctuary permitting concerns in
federal court.
Response: NOAA declines to extend
third party appeals to all sites. However,
in response to public comment on the
interim final rule, NOAA will retain the
existing opportunity for third party
sanctuary permit appeals in sites in the
System that currently afford such
appeals. If NOAA chooses to propose
changes to the appellant pool at some
point in the future, NOAA would do so
through a separate rulemaking. NOAA
notes that interested third parties may
also provide meaningful input to the
permit process and the underlying
sanctuary regulations, through a variety
of other mechanisms, including public
review and comment of associated
environmental analyses as part of the
National Environmental Policy Act
(NEPA) process or other statutory
processes, as applicable.
8. Comment: NOAA received
comments that raised concerns about an
existing ONMS permit approval
authority referred to as ONMS
authorization (found in the interim final
rule and this final rule at new section
15 CFR 922.36), which allows the
ONMS Director to allow an applicant to
conduct an otherwise prohibited
activity if the proposed activity is
permitted by another valid federal, state,
or local agency. Commenters asserted
that another agency’s permit authority
should not override ONMS regulatory
prohibitions that were established
during sanctuary designation or
subsequent regulatory revisions. They
also asserted that a public review and
comment process should be required
before an ONMS authorization for the
prohibited activity is issued.
Response: The ONMS authorization
authority is an existing type of permit
approval authority that the Director may
rely upon to allow otherwise prohibited
activities within certain National
Marine Sanctuaries (i.e., Flower Garden
Banks, Monterey Bay, Stellwagen Bank,
Olympic Coast, Florida Keys, Thunder
Bay, Mallows Bay-Potomac River, and
Wisconsin Shipwreck Coast), where
such activities are permitted by another
valid Federal, State, or local agency. The
Director must consider a suite of review
criteria to decide whether to issue an
ONMS authorization and what terms
and conditions should be applied to an
ONMS authorization. Utilization of this
long-standing ONMS authorization
authority can function to minimize
administrative burdens on the regulated
community while retaining the
Director’s ability to safeguard sanctuary
resources and effectively manage those
sanctuaries. NOAA’s revisions to the

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regulatory provisions on ONMS
authorization (as found in new section
15 CFR 922.36) are intended to clarify—
not substantively alter—the existing
ONMS authorization authority, which
was previously codified at 15 CFR
922.49. Through this action, NOAA is
not expanding the existing ONMS
authorization authority or creating a
new authority. Therefore, this comment
is beyond the scope of this action. We
also note that, as with other ONMS
permit approvals, the public may
provide input to the permit process
through other mechanisms, including
public review and comment of
associated environmental analyses as
part of the NEPA process or other
statutory processes, as applicable.
9. Comment: One commenter asked
NOAA to further regulate primary
threats to ESA-listed species in NMSs,
including those threats that result from
fishing activities. The commenter
specifically raised concerns about
language in 15 CFR 922.5 that states,
‘‘[t]he Director may only directly
regulate fishing activities pursuant to
the procedure set forth in section
304(a)(5) of the NMSA.’’ The commenter
asserted that it is inconsistent with a
provision in Section 2(c) of the ESA that
establishes that it is ‘‘the policy of
Congress that all Federal departments
and agencies shall seek to conserve
endangered species and threatened
species and shall utilize their
authorities in furtherance of the
purposes of this Act.’’ They further
stated that the ESA defines
‘‘conservation’’ to mean ‘‘the use of all
methods and procedures which are
necessary to bring any endangered
species or threatened species to the
point at which the measures provided
pursuant to the [ESA] are no longer
necessary.’’
Response: This action is intended to
promulgate administrative updates to
the existing sanctuary regulations (15
CFR part 922) to make them more
consistent, uniform, concise, organized,
and understandable. The commenter’s
request for NOAA to promulgate
additional regulatory protections to
address primary threats to ESA-listed
species in NMSs is a substantive change
that is beyond the scope of this action.
Thus, the commenter’s request to
promulgate additional regulatory
protections is declined.
10. Comment: One commenter
recommended that NOAA update 15
CFR 922.122(h) to include renewable
energy leases. These regulations relate
to the limitation on the ability of ONMS
to issue permits for the exploration for,
development of, or production of oil,

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gas, or minerals in a no-activity zone in
the Flower Garden Banks NMS.
Response: This action is intended to
promulgate administrative updates to
the existing sanctuary regulations (15
CFR part 922) to make them more
consistent, uniform, concise, organized,
and understandable. Adding a new
restriction on ONMS permitting
authority for renewable energy leases
would be a substantive revision to the
regulations that is beyond the scope of
this rulemaking. Accordingly, the
commenter’s request to update 15 CFR
922.122(h) to include renewable energy
leases is declined.
V. Classification

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A. National Environmental Policy Act 2
NOAA Administrative Order (NAO)
216–6A and the Companion Manual for
NAO 216–6A (https://
www.nepa.noaa.gov/docs/NOAA-NAO216-6A-Companion-Manual01132017.pdf) establish NOAA’s policy
and procedures for compliance with
NEPA and the associated Council on
Environmental Quality’s regulations.
NAO 216–6A, Environmental Review
Procedures, requires all proposed
actions to be reviewed with respect to
environmental consequences on the
human environment.
In the proposed rule (78 FR 5998;
January 28, 2013), NOAA stated that it
was preparing a draft environmental
assessment (EA) to analyze the potential
environmental impacts of the proposed
rulemaking and that the draft EA would
be released for public comment. The
analysis in the draft EA would have
focused on analyzing the potential
environmental impacts of the
consolidated definition of motorized
personal watercraft (MPWC). Based on
public comment received on the
proposed rule, NOAA decided to
withdraw the proposal to consolidate
the MPWC definition and it was not
included in the interim final rule. As a
result, NOAA determined that
preparation of a draft EA was not
necessary for this rule. NOAA
determined that, because the interim
final rule included only technical and
administrative changes to regulatory
2 In 1978, the White House Council on
Environmental Quality (CEQ) issued regulations,
codified at 40 CFR parts 1500–1508, to implement
NEPA. 43 FR 55977 (Nov. 29, 1978). Most recently,
the CEQ updated the NEPA regulations. 85 FR
43304 (Jul. 16, 2020) (codified at 40 CFR parts
1500–1508, 1515–1518). Pursuant to those updated
NEPA regulations, NEPA reviews initiated prior to
September 14, 2020 may be conducted using the
1978 version of the regulations. The effective date
of the 2020 CEQ NEPA Regulations was September
14, 2020. This review began before January 13,
2013, and NOAA has decided to proceed under the
1978 regulations.

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text, it fell within the criteria of a
categorical exclusion in Appendix E of
the NOAA NEPA Companion Manual,
specifically categorical exclusion
reference number G7 (‘‘Preparation of
policy directives, rules, regulations, and
guidelines of an administrative,
financial, legal, technical, or procedural
nature, or for which the environmental
effects are too broad, speculative or
conjectural to lend themselves to
meaningful analysis and will be subject
later to the NEPA process, either
collectively or on a case-by-case basis.’’)
NOAA considered the list of
extraordinary circumstances and
determined that none would be
triggered by this final rule. Therefore,
NOAA determined that this final rule
would not result in significant effects to
the human environment and is
categorically excluded from the need to
prepare an EA.
B. Executive Orders 12866 and 13563
This rule has been determined to be
not significant within the meaning of
Executive Order 12866. The rule is part
of NOAA’s effort to carry out the
directive under Executive Order 13563
for retrospective regulatory review.
C. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Pursuant to Executive Order 13175,
NOAA consults with federallyrecognized tribes on actions that may
have tribal implications. NOAA
determined that the amendments to the
Olympic Coast NMS permitting
regulations in the consolidation of
permit procedures and review criteria
into the new subpart D, although not
resulting in a substantive change to
permitting requirements, could be
perceived as having tribal implications
because some of the regulatory text is
specific to the federally-recognized
tribes along the Washington Coast
(Coastal Treaty Tribes). Therefore, we
have determined that this regulation has
tribal implications as defined in
Executive Order 13175. NOAA certifies
that this final rule was developed after
meaningful consultation and
collaboration with tribal representatives
in accordance with Executive Order
13175. NOAA engaged in governmentto-government consultation with tribal
representatives from the Makah, Hoh
and Quileute Indian Tribes and the
Quinault Indian Nation of the Olympic
Coast Intergovernmental Policy Council
(IPC). NOAA determined that this
regulatory action did not have
implications for any other federallyrecognized tribes at other sites.

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In January 2012, NOAA initiated a
dialogue with the Coastal Treaty Tribes
for a potential rulemaking action that
would revise and consolidate programwide and site-specific regulations.
ONMS staff presented initial items for
consideration by the IPC and its
members at a February 8, 2012, meeting.
In May 2012, NOAA addressed initial
concerns that were raised at the
February meeting, provided a summary
of the proposed regulatory changes, and
invited the IPC members to consult if
there were concerns about the general
proposals. In October 2012, NOAA
provided more detailed information,
including pre-release draft regulatory
language for program-wide regulations
and Olympic Coast NMS site-specific
regulations that could be of interest to
the tribes. After the proposed rule was
published in the Federal Register,
NOAA forwarded the notice to the
Washington Coast treaty tribes on
February 15, 2013.
The Makah Tribe provided comments
on the proposed rule that raised three
priority issues. In addition to the matter
noted in the ‘‘IV Responses to
Comments’’ section of the interim final
rule, the Makah Tribe reiterated its longstanding position about the role of the
Regional Fishery Management Councils
(RFMCs) in fisheries management,
which did not require action in this
rulemaking. The Makah Tribe also
expressed interest in improved tribal
involvement in the consideration of
Olympic Coast NMS permit
applications. Since the publication of
the 2013 proposed rule, Olympic Coast
NMS and the Makah Tribe engaged in
government-to-government consultation
in the development of a joint ‘‘Protocol
for Permit Consultation’’ (dated April
10, 2015) that specifies the procedures
by which consultation and coordinated
communication will occur between the
Makah Tribe and Olympic Coast NMS
staff. The sanctuary staff and tribal
representatives meet periodically to
engage in permit consultations on
ONMS permit applications, and the
results of these meetings are included in
ONMS permit decision documents. In
addition, the Makah Tribe and ONMS
have developed a protocol to engage in
consultation as part of the NMSA
section 304(d) interagency consultation
process and have implemented the
protocol in two recent sanctuary
consultations. Olympic Coast NMS staff
regularly engages with the Washington
Coast treaty tribes on various initiatives
of mutual interest.

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Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations

D. Executive Order 13132: Federalism
Assessment

use, Resources, Research, Traditional
fishing, Water resources.

NOAA has concluded this regulatory
action does not have federalism
implications sufficient to warrant
preparation of a federalism assessment
under Executive Order 13132.

Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services
and Coastal Zone Management, National
Ocean Service, National Oceanic and
Atmospheric Administration.

E. Paperwork Reduction Act

Accordingly, for the reasons set forth
above, 15 CFR part 922 is amended as
follows:

This rule does not create any new
information collection requirements,
nor does it change existing information
collection requirements approved by the
Office of Management and Budget (OMB
Control Number 0648–0141) under the
Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq. (PRA). There are no
changes to the reporting burden as a
result of these regulatory changes.
Notwithstanding any other provision of
the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires Federal agencies to prepare an
analysis of a rule’s impact on small
entities whenever the agency is required
to publish a rule, unless the head of the
agency can certify, pursuant to 5 U.S.C.
605(b), that the action will not have a
significant economic impact on a
substantial number of small entities.
Pursuant to section 605(b), the Chief
Counsel for Regulations for the
Department of Commerce, certified to
the Office of Advocacy of the Small
Business Administration during the
2013 proposed rule stage and the 2022
interim rule stage that the regulations
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for
certification was published in the
proposed rule (78 FR 5998, 6009;
January 18, 2011) and in the interim
final rule (87 FR 29606, 29625; May 13,
2022). No public comments were
received regarding this certification.
Therefore, a regulatory flexibility
analysis was not required and none was
prepared.

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List of Subjects in 15 CFR Part 922
Administrative practice and
procedure, Amendments, Appeals,
Appellant, Application requirements,
Authorizations, Definitions,
Designation, Environmental protection,
Marine resources, Natural resources,
Permitting, Permit procedures,
Prohibited activities, Special use permit,
Stowed and not available for immediate

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PART 922—NATIONAL MARINE
SANCTUARY PROGRAM
REGULATIONS
1. The authority citation for part 922
continues to read as follows:

■

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

Subpart B [Removed and Reserved]
2. Remove and reserve subpart B,
consisting of §§ 922.910 and 922.911.
■ 3. Revise subpart A to read as follows:
■

Subpart A—Regulations of General
Applicability
Sec.
922.1 Purposes and applicability of the
regulations.
922.2 Mission, goals, and special policies.
922.3 Issuance of regulations for fishing.
922.4 Boundaries.
922.5 Allowed activities.
922.6 Prohibited or otherwise regulated
activities.
922.7 Emergency regulations.
922.8 Penalties.
922.9 Response costs and damages.
922.10 Pre-existing authorizations or rights
and certifications of pre-existing
authorizations or rights.
922.11 Definitions.
922.12 Sanctuary nomination process.
922.13 Selection of nominated areas for
national marine sanctuary designation.
§ 922.1 Purposes and applicability of the
regulations.

(a) The purposes of this part are:
(1) To implement title III of the
Marine Protection, Research, and
Sanctuaries Act of 1972, as amended (16
U.S.C. 1431 et seq., also known as the
National Marine Sanctuaries Act
(NMSA or Act)), the Florida Keys
National Marine Sanctuary and
Protection Act (FKNMSPA) (Pub. L.
101–605) and the Hawaiian Islands
National Marine Sanctuary Act (sections
2301–2307 of Pub. L. 102–587); and
(2) To implement the designations of
the national marine sanctuaries, for
which site specific regulations appear in
subparts F through T of this part, by
regulating activities affecting them,
consistent with their respective terms of
designation, in order to protect, restore,
preserve, manage, and thereby ensure
the health, integrity and continued

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availability of the conservation,
recreational, ecological, historical,
scientific, educational, cultural,
archeological and aesthetic resources
and qualities of these areas.
(b) The regulations of this part are
binding on any person subject to the
jurisdiction of the United States.
Designation of a national marine
sanctuary beyond the U.S. territorial sea
does not constitute any claim to
territorial jurisdiction on the part of the
United States. The regulations of this
part shall be applied in accordance with
generally recognized principles of
international law,1 and in accordance
with treaties, conventions, and other
agreements to which the United States
is a party. No regulation of this part
shall apply to a person who is not a
citizen, national, or resident alien of the
United States, unless in accordance
with:
(1) Generally recognized principles of
international law;
(2) An agreement between the United
States and the foreign state of which the
person is a citizen; or
(3) An agreement between the United
States and the flag state of the foreign
vessel, if the person is a crew member
of the vessel.
(c) Unless noted otherwise, the
regulations in this subpart and subpart
D of this part apply to all national
marine sanctuaries immediately upon
designation.
§ 922.2 Mission, goals, and special
policies.

(a) In accordance with the standards
set forth in the Act, the mission of the
Office of National Marine Sanctuaries
(Office) is to identify, designate, protect,
restore, and manage areas of the marine
environment of special national, and in
some cases international, significance
due to their conservation, recreational,
ecological, historical, scientific,
educational, cultural, archeological, or
aesthetic resources and qualities.
(b) The goal of the Office is to carry
out the mission of the Act in a manner
consistent with the purposes and
policies of the Act (16 U.S.C. 1431(b));
the Florida Keys National Marine
Sanctuary and Protection Act (Pub. L.
101–605) which designated Florida
Keys National Marine Sanctuary; the
Hawaiian Islands National Marine
Sanctuary and Protection Act (Pub. L.
102–587), which designated Hawaiian
Islands Humpback Whale National
Marine Sanctuary; the Oceans Act of
1992 (Pub. L. 102–587), which
1 Based on the legislative history of the NMSA,
NOAA has long interpreted the text of 16 U.S.C.
1435(a) as encompassing international law,
including customary international law.

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Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations
designated Stellwagen Bank National
Marine Sanctuary; and the National
Marine Sanctuaries Preservation Act of
1996 (Pub. L. 104–283), which added
Stetson Bank to Flower Garden Banks
National Marine Sanctuary.
(c) Management efforts will be
coordinated to the extent practicable
with other countries managing marine
protected areas;
(d) Program regulations, policies,
standards, guidelines, and procedures
developed pursuant to the Act
concerning the identification,
evaluation, registration, and treatment
of historical resources shall be
consistent, to the extent practicable,
with the declared national policy for the
protection and preservation of these
resources as stated in the National
Historic Preservation Act of 1966, 54
U.S.C. 300101 et seq., the Archeological
and Historical Preservation Act of 1974,
54 U.S.C. 312501 et seq., and the
Archeological Resources Protection Act
of 1979 (ARPA), 16 U.S.C. 470aa et seq.
The same degree of regulatory
protection and preservation planning
policy extended to historical resources
on land shall be extended, to the extent
practicable, to historical resources in the
marine environment within the
boundaries of designated national
marine sanctuaries. The management of
historical resources under the authority
of the Act shall be consistent, to the
extent practicable, with the Federal
archeological program by consulting the
Uniform Regulations, ARPA (43 CFR
part 7) and other relevant Federal
regulations. The Secretary of the
Interior’s Standards and Guidelines for
Archeology may also be consulted for
guidance.

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§ 922.3

Issuance of regulations for fishing.

If a proposed Sanctuary includes
waters within the exclusive economic
zone, the Secretary shall notify the
appropriate Regional Fishery
Management Council(s). The
appropriate Council(s) shall have one
hundred and eighty (180) days from the
date of such notification to make
recommendations and, if appropriate,
prepare draft fishing regulations for the
area within the exclusive economic
zone and submit them to the Secretary.
In preparing its recommendations and
draft regulations, the Council(s) shall
use as guidance the national standards
of section 301(a) of the MagnusonStevens Fishery Conservation and
Management Act (16 U.S.C. 1851) to the
extent that they are consistent and
compatible with the goals and objectives
of the proposed Sanctuary designation.
Any fishing activities not proposed for
regulation under section 304(a)(5) of the

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NMSA may be listed in the draft
Sanctuary designation document as
being subject to regulation, without
following the procedures specified in
section 304(a)(5) of the NMSA. If the
Secretary subsequently determines that
regulation of fishing is necessary, then
NOAA will follow the procedures
specified in section 304(a)(5) of the
NMSA.
§ 922.4

Boundaries.

The boundaries for each of the fifteen
National Marine Sanctuaries covered by
this part are described in subparts F
through T, respectively.
§ 922.5

Allowed activities.

All activities (e.g., fishing, boating,
diving, research, education) may be
conducted unless prohibited or
otherwise regulated in subparts F
through T of this part, subject to any
emergency regulations promulgated
pursuant to § 922.7, § 922.112(b),
§ 922.165, § 922.185, § 922.196,
§ 922.204, or § 922.214 subject to all
prohibitions, regulations, restrictions,
and conditions validly imposed by any
Federal, State, tribal, or local authority
of competent jurisdiction, including, but
not limited to, Federal, Tribal, and State
fishery management authorities, and
subject to the provisions of section 312
of the NMSA. The Director may only
directly regulate fishing activities
pursuant to the procedure set forth in
section 304(a)(5) of the NMSA.
§ 922.6 Prohibited or otherwise regulated
activities.

Subparts F through T set forth sitespecific regulations applicable to the
activities specified therein.
§ 922.7

Emergency regulations.

(a) Where necessary to prevent or
minimize the destruction of, loss of, or
injury to a Sanctuary resource or
quality, or minimize the imminent risk
of such destruction, loss, or injury, any
and all such activities are subject to
immediate temporary regulation,
including prohibition.
(b) This section does not apply to the
following national marine sanctuaries
with site-specific regulations that
establish procedures for issuing
emergency regulations:
(1) Cordell Bank National Marine
Sanctuary, § 922.112(e).
(2) Florida Keys National Marine
Sanctuary, § 922.165.
(3) Hawaiian Islands Humpback
Whale National Marine Sanctuary,
§ 922.185.
(4) Thunder Bay National Marine
Sanctuary, § 922.196.
(5) Mallows Bay—Potomac River
National Marine Sanctuary, § 922.204.

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(6) Wisconsin Shipwreck Coast
National Marine Sanctuary, § 922.214.
§ 922.8

Penalties.

(a) Each violation of the NMSA or the
other statutes designating national
marine sanctuaries listed in § 922.2(b),
any regulation in this part or any permit
issued pursuant thereto, is subject to a
civil penalty. Each day of a continuing
violation constitutes a separate
violation.
(b) Regulations setting forth the
procedures governing administrative
proceedings for assessment of civil
penalties, permit sanctions and denials
for enforcement reasons, issuance and
use of written warnings, and release or
forfeiture of seized property appear at
15 CFR part 904.
§ 922.9

Response costs and damages.

Under section 312 of the Act, any
person who destroys, causes the loss of,
or injures any Sanctuary resource is
liable to the United States for response
costs and damages resulting from such
destruction, loss, or injury. Any vessel
used to destroy, cause the loss of, or
injure any Sanctuary resource is liable
in rem to the United States for response
costs and damages resulting from such
destruction, loss, or injury.
§ 922.10 Pre-existing authorizations or
rights and certifications of pre-existing
authorizations or rights.

Any valid lease, permit, license, or
right of subsistence use or of access that
is in existence on the effective date of
final regulations for a designation or
revised terms of designation of any
National Marine Sanctuary may not be
terminated by the Director. The Director
may, however, regulate the exercise of
such leases, permits, licenses, or rights
consistent with the purposes for which
the Sanctuary was designated.
§ 922.11

Definitions.

The following definitions shall apply
to this part, unless modified by the
definitions for a specific subpart or
regulation:
Abandoning means leaving without
intent to remove any structure, material,
or other matter on or in the seabed or
submerged lands of a Sanctuary. For
Thunder Bay National Marine Sanctuary
and Underwater Preserve, abandoning
means leaving without intent to remove
any structure, material or other matter
on the lake bottom associated with
underwater cultural resources.
Act or NMSA means title III of the
Marine Protection, Research, and
Sanctuaries Act of 1972, as amended, 16
U.S.C. 1431 et seq., also known as the
National Marine Sanctuaries Act.

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Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations

Assistant Administrator means the
Assistant Administrator for Ocean
Services and Coastal Zone Management,
National Oceanic and Atmospheric
Administration (NOAA) or designee.
Attract or attracting means the
conduct of any activity that lures or may
lure any animal by using food, bait,
chum, dyes, decoys (e.g., surfboards or
body boards used as decoys), acoustics
or any other means, except the mere
presence of human beings (e.g.,
swimmers, divers, boaters, kayakers,
surfers).
Benthic community means the
assemblage of organisms, substrate, and
structural formations found at or near
the sea/ocean/lake bottom that is
periodically or permanently covered by
water.
Clean means not containing
detectable levels of harmful matter.
Commercial fishing means any
activity that results in the sale or trade
for intended profit of fish, shellfish,
algae, or corals.
Conventional hook and line gear
means any fishing gear composed of a
single line terminated by a combination
of sinkers and hooks or lures and
spooled upon a reel that may be hand,
electrically, or hydraulically operated,
regardless of whether mounted. This
term does not include longlines.
Cruise ship means any vessel with
250 or more passenger berths for hire.
Cultural resource means any
historical or cultural feature, including
archaeological sites, historic structures,
shipwrecks, and artifacts.
Deserting means leaving a vessel
aground, adrift, wrecked, junked, or in
a substantially dismantled condition
without notification to the Director of
the vessel going aground or becoming
adrift, wrecked, junked, or substantially
dismantled within 12 hours of its
discovery and developing and
presenting to the Director a preliminary
salvage plan within 24 hours of such
notification; after expressing or
otherwise manifesting intention not to
undertake or to cease salvage efforts, or
when the owner/operator cannot after
reasonable efforts by the Director be
reached within 12 hours of the vessel’s
condition being reported to authorities;
or leaving a vessel at anchor when its
condition creates potential for a
grounding, discharge, or deposit and the
owner/operator fails to secure the vessel
in a timely manner.
Director means, except where
otherwise specified, the Director of the
Office of National Marine Sanctuaries or
designee.
Effective date means the date of final
regulations described and published in
the Federal Register. For regulations

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governing the designation of a new
sanctuary or revising terms of
designation, effective date means the
date after the close of the review period
of the 45th day of continuous session of
Congress following submission of the
Federal Register document of the
designation together with final
regulations to implement the
designation and any other matters
required by law, unless the Governor of
any state in which the sanctuary is
completely or partially located certifies
that the designation or any of its terms
is unacceptable pursuant to section
304(b) of the National Marine
Sanctuaries Act (NMSA) (16 U.S.C.
1434(b)).
Exclusive economic zone means the
zone established by Proclamation 5030,
dated March 10, 1983, and as defined in
the Magnuson-Stevens Fishery
Conservation and Management Act, as
amended 16 U.S.C. 1801 et seq.
Fish means finfish, mollusks,
crustaceans, and all other forms of
marine animal and plant life other than
marine mammals and birds, as defined
in the Magnuson-Stevens Fishery
Conservation and Management Act, as
amended (16 U.S.C. 1802(12)).
Graywater means graywater as
defined by section 312 of the Federal
Water Pollution Control Act, as
amended, 33 U.S.C. 1322.
Harmful matter means any substance,
or combination of substances, that
because of its quantity, concentration, or
physical, chemical, or infectious
characteristics may pose a present or
potential threat of injury to Sanctuary
resources or qualities. Such substances
or combination of substances may
include, but is not limited to: fishing
nets, fishing line, hooks, fuel, oil, and
hazardous substances as defined by the
Comprehensive Environmental
Response, Compensation and Liability
Act, 42 U.S.C. 9601(14) and designated
at 40 CFR 302.4.
Historical resource means any
resource possessing historical, cultural,
archaeological or paleontological
significance, including a site, contextual
information, structure, district, and
object significantly associated with or
representative of earlier people, culture,
maritime heritage, and human activities
and events. Historical resource includes
‘‘cultural resource,’’ ‘‘submerged
cultural resource,’’ and ‘‘historical
property’’ as that term is used in the
National Historic Preservation Act, as
amended, 54 U.S.C. 300101 et seq. and
its implementing regulations, as
amended.
Indian tribe means an Indian or
Alaska Native tribe, band, nation,
pueblo, village, or community that the

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Secretary of the Interior acknowledges
to exist as an Indian tribe pursuant to
the Federally Recognized Indian Tribe
List Act of 1994, 25 U.S.C. 5130.
Injure or injury means to change
adversely, either in the short or long
term, a chemical, biological or physical
attribute, or the viability, of a sanctuary
resource. This includes, but is not
limited to, to cause the loss of or
destroy.
Introduced species means any species
(including, but not limited to, any of its
biological matter capable of
propagation) that is non-native to the
ecosystems of the Sanctuary; or any
organism into which altered genetic
matter, or genetic matter from another
species, has been transferred in order
that the host organism acquires the
genetic traits of the transferred genes.
Inventory means a list of selected
natural and historical resource sites
selected by the Secretary as qualifying
for further evaluation for possible
designation as National Marine
Sanctuaries.
Lawful fishing means fishing
authorized by a tribal, State or Federal
entity with jurisdiction over the activity.
Lightering means at-sea transfer of
petroleum-based products, materials, or
other matter from vessel to vessel.
Marine means those areas of coastal
and ocean waters, the Great Lakes and
their connecting waters, and submerged
lands over which the United States
exercises jurisdiction, including the
exclusive economic zone, consistent
with international law.
Mineral means clay, stone, sand,
gravel, metalliferous ore, nonmetalliferous ore, or any other solid
material or other matter of commercial
value.
National historic landmark means a
district, site, building, structure or
object designated as such by the
Secretary of the Interior under the
National Historic Landmarks Program
(36 CFR part 65).
National Marine Sanctuary or
Sanctuary means an area of the marine
environment of special national
significance designated as such by the
National Oceanic and Atmospheric
Administration (NOAA) pursuant to the
Act or by Congress pursuant to
legislation.
Person means any private individual,
partnership, corporation or other entity;
or any officer, employee, agent,
department, agency or instrumentality
of the Federal government, of any State
or local unit of government, or of any
foreign government.
Regional Fishery Management
Council means any fishery council
established under the Magnuson-

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Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations
Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq.
Sanctuary quality means any of those
ambient conditions, physical-chemical
characteristics and natural processes,
the maintenance of which is essential to
the ecological health of a national
marine sanctuary, including, but not
limited to, water quality, sediment
quality, and air quality.
Sanctuary resource means any living
or non-living resource of a national
marine sanctuary, or the parts or
products thereof, that contributes to the
conservation, recreational, ecological,
historical, educational, cultural,
archeological, scientific, or aesthetic
value of the national marine sanctuary,
including, but not limited to, waters of
the sanctuary, the seabed or submerged
lands of the sanctuary, other submerged
features and the surrounding seabed,
carbonate rock, corals and other bottom
formations, coralline algae and other
marine plants and algae, marine
invertebrates, brine-seep biota,
phytoplankton, zooplankton, fish, birds,
sea turtles and other marine reptiles,
marine mammals, and maritime
heritage, cultural, archeological, and
historical resources. For Thunder Bay
National Marine Sanctuary and
Underwater Preserve, Sanctuary
resource is defined at § 922.191. For
Hawaiian Islands Humpback Whale,
Sanctuary resource is defined at
§ 922.182. For Mallows Bay—Potomac
River National Marine Sanctuary,
Sanctuary resource is defined at
§ 922.201(a). For Wisconsin Shipwreck
Coast National Marine Sanctuary,
sanctuary resource is defined at
§ 922.211.
Seagrass means any species of marine
angiosperms (flowering plants) that
inhabits a portion of the seabed in a
national marine sanctuary. Those
species include, but are not limited to:
Zostera asiatica (Asian eelgrass),
Zostera marina (eelgrass/common
eelgrass); Thalassia testudinum (turtle
grass); Syringodium filiforme (manatee
grass); Halodule wrightii (shoal grass);
Halophila decipiens (paddle grass), H.
engelmannii (Engelmann’s seagrass), H.
johnsonii (Johnson’s seagrass); and
Ruppia maritima (widgeon grass).
Secretary means the Secretary of the
United States Department of Commerce,
or designee.
Shunt means to discharge expended
drilling cuttings and fluids near the
ocean seafloor.
State means each of the several States,
the District of Columbia, the
Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana
Islands, American Samoa, the United
States Virgin Islands, Guam, and any

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other commonwealth, territory, or
possession of the United States.
Subsistence use means the customary
and traditional use by rural residents of
areas near or in the marine environment
for direct personal or family
consumption as food, shelter, fuel,
clothing, tools, or transportation; for the
making and selling of handicraft
articles; and for barter, if for food or
non-edible items other than money, if
the exchange is of a limited and noncommercial nature.
Take (taking or taken) of a marine
mammal, sea turtle, or bird means:
(1) Take as that term is defined in
section 3(19) of the Endangered Species
Act of 1973, as amended, 16 U.S.C.
1532(19) (ESA);
(2) Take as that term is defined in
section 3(13) of the Marine Mammal
Protection Act of 1972, as amended, 16
U.S.C. 1362(13) (MMPA); or
(3) Conducting an activity prohibited
by section 703 of the Migratory Bird
Treaty Act of 1918, as amended, 16
U.S.C. 703 (MBTA).
(4) For purposes of paragraphs (1), (2),
and (3) of this definition, take also
includes, but is not limited to,
collection of any dead or injured marine
mammal, sea turtle, or bird, or any part
thereof; or restraint or detainment of any
marine mammal, sea turtle, or bird, no
matter how temporarily; tagging any
marine mammal, sea turtle, or bird, or
operating a vessel or aircraft or
conducting any other act that results in
the disturbance or molestation of any
marine mammal, sea turtle, or bird.
Vessel means a watercraft of any
description capable of being used as a
means of transportation in or on the
waters of a sanctuary. The term includes
but is not limited to, motorized and
non-motorized watercraft, personal
watercraft, airboats, and float planes
while maneuvering on the water. For
purposes of this part, the terms
‘‘vessel,’’ ‘‘watercraft,’’ and ‘‘boat’’ have
the same meaning.
Washington Coast treaty tribe means
the Hoh, Makah, or Quileute Indian
Tribes or the Quinault Indian Nation.
§ 922.12

Sanctuary nomination process.

(a) The sanctuary nomination process
(see National Marine Sanctuaries
website www.sanctuaries.noaa.gov) is
the means by which the public can
submit areas of the marine and Great
Lakes environments for consideration
by NOAA as a national marine
sanctuary.
(b) The Director will consider the
following national significance criteria
in determining if a nominated area is of
special national significance:

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(1) The area’s natural resources and
ecological qualities are of special
significance and contribute to:
biological productivity or diversity;
maintenance or enhancement of
ecosystem structure and function;
maintenance of ecologically or
commercially important species or
species assemblages; maintenance or
enhancement of critical habitat,
representative biogeographic
assemblages, or both; or maintenance or
enhancement of connectivity to other
ecologically significant resources.
(2) The area contains submerged
maritime heritage resources of special
historical, cultural, or archaeological
significance, that: individually or
collectively are consistent with the
criteria of eligibility or listing on the
National Register of Historic Places;
have met or which would meet the
criteria for designation as a National
Historic Landmark; or have special or
sacred meaning to the indigenous
people of the region or nation.
(3) The area supports present and
potential economic uses, such as:
tourism; commercial and recreational
fishing; subsistence and traditional uses;
diving; and other recreational uses that
depend on conservation and
management of the area’s resources.
(4) The publicly-derived benefits of
the area, such as aesthetic value, public
recreation, and access to places depend
on conservation and management of the
area’s resources.
(c) The Director will consider the
following management considerations
in determining the manageability of a
nominated area:
(1) The area provides or enhances
opportunities for research in marine
science, including marine archaeology.
(2) The area provides or enhances
opportunities for education, including
the understanding and appreciation of
the marine and Great Lakes
environments.
(3) Adverse impacts from current or
future uses and activities threaten the
area’s significance, values, qualities, and
resources.
(4) A national marine sanctuary
would provide unique conservation and
management value for this area that also
have beneficial values for adjacent
areas.
(5) The existing regulatory and
management authorities for the area
could be supplemented or
complemented to meet the conservation
and management goals for the area.
(6) There are commitments or possible
commitments for partnerships
opportunities such as cost sharing,
office space or exhibit space, vessel
time, or other collaborations to aid

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conservation or management programs
for the area.
(7) There is community-based support
for the nomination expressed by a broad
range of interests, such as: individuals
or locally-based groups (e.g., friends of
group, chamber of commerce); local,
tribal, state, or national agencies; elected
officials; or topic-based stakeholder
groups, at the local, regional or national
level (e.g., a local chapter of an
environmental organization, a
regionally-based fishing group, a
national-level recreation or tourism
organization, academia or science-based
group, or an industry association).
(d) Following evaluation of a
nomination against the national
significance criteria and management
considerations, the Director may place
nominated areas in a publicly available
inventory for future consideration of
designation as a national marine
sanctuary.
(e) A determination that a site is
eligible for national marine sanctuary
designation, by itself shall not subject
the site to any regulatory control under
the Act. Such controls may only be
imposed after designation.
§ 922.13 Selection of nominated areas for
national marine sanctuary designation.

(a) The Director may select a
nominated area from the inventory for
future consideration as a national
marine sanctuary.
(b) Selection of a nominated area from
the inventory shall begin the formal
sanctuary designation process. A notice
of intent to prepare a draft
environmental impact statement shall
be published in the Federal Register
and posted on the Office of National
Marine Sanctuaries website. Any
designation process will follow the
procedures for designation and
implementation set forth in section 304
of the Act.
Subpart C [Removed and Reserved]
4. Remove and reserve part 922
subpart C, consisting of §§ 922.20
through 922.25.
■ 5. Revise subpart D to read as follows:
■

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Subpart D—National Marine Sanctuary
Permitting
Sec.
922.30 National Marine Sanctuary general
permits.
922.31 National Marine Sanctuary special
use permits.
922.32 Application requirements and
procedures.
922.33 Review procedures and evaluation.
922.34 Permit amendments.
922.35 Special use permit fees.

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922.36 National Marine Sanctuary
authorizations.
922.37 Appeals of permitting decisions.
§ 922.30 National Marine Sanctuary
general permits.

(a) Authority to issue general permits.
The Director may allow a person to
conduct an activity that would
otherwise be prohibited by this part
through issuance of a general permit,
provided the applicant complies with:
(1) The provisions of this subpart; and
(2) The permit procedures and criteria
for all national marine sanctuaries in
which the proposed activity is to take
place in accordance with relevant site
specific regulations appearing in
subparts F through T of this part.
(b) Sanctuary general permit
categories. The Director may issue a
sanctuary general permit under this
subpart and the relevant site-specific
subpart, subject to such terms and
conditions as he or she deems
appropriate, if the Director finds that the
proposed activity falls within one of the
following categories or a category in the
relevant site-specific subpart:
(1) Research—activities that constitute
scientific research or scientific
monitoring of a national marine
sanctuary resource or quality;
(2) Education—activities that enhance
public awareness, understanding, or
appreciation of a national marine
sanctuary or national marine sanctuary
resource or quality;
(3) Management—activities that assist
in managing a national marine
sanctuary;
(4) Jade removal—the removal of
loose jade from the Jade Cove area,
without the use of pneumatic,
mechanical, electrical, hydraulic or
explosive tools, within Monterey Bay
National Marine Sanctuary that cannot
be collected under 15 CFR
922.132(a)(1)(ii) and (iii). Preference
will be given for applications proposing
to collect loose pieces of jade for
research or educational purposes;
(5) Tribal self-determination—
activities conducted by a Washington
Coast treaty tribe and/or its designee as
certified by the governing body of the
tribe to promote or enhance tribal selfdetermination, tribal government
functions, the exercise of treaty rights,
the economic development of the tribe,
subsistence, ceremonial and spiritual
activities, or the education or training of
tribal members; and
(6) Further FKNMS purposes—
activities that further the purposes of
Florida Keys National Marine
Sanctuary, including those that facilitate
multiple use of the sanctuary, to the
extent compatible with the primary
objective of resource protection.

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§ 922.31 National Marine Sanctuary special
use permits.

(a) In general. A person may conduct
a specified special use permit activity,
if such activity is specifically authorized
by, and is conducted in accordance with
the scope, purpose, manner, terms and
conditions of, a special use permit
issued under this section.
(b) Authority to issue. The Director, at
his or her discretion, may issue a special
use permit in accordance with this
subpart and section 310 of the Act (16
U.S.C. 1441).
(c) Public notice. The Director will not
issue a special use permit for any
category of activity unless the Director
has published a notice in the Federal
Register that such category of activity is
subject to the requirements of section
310 of the Act.
(d) Fees. The Director may assess and
collect fees for the conduct of any
activity authorized by a special use
permit issued pursuant to this section.
The fee will be assessed in accordance
with § 922.35.
§ 922.32 Application requirements and
procedures.

(a) Submitting applications. Permit
applications must be submitted by mail
to the address listed in the subpart for
the relevant national marine sanctuary
or by electronic means as defined in the
instructions for the ONMS permit
application. Applicants proposing to
conduct an activity in more than one
national marine sanctuary should send
the application to each NOAA office for
the relevant national marine sanctuaries
in which the activity is proposed.
(b) Application requirements. All
applications for a permit under this
section must include the following
information:
(1) A detailed description of the
proposed activity including:
(i) A timetable for completion of the
activity;
(ii) A detailed description of the
proposed location for the activity; and
(iii) The equipment, personnel and
methodology to be employed;
(2) The qualifications and experience
of all personnel;
(3) The financial resources available
to the applicant to conduct and
complete the proposed activity and
comply with any terms and conditions
deemed necessary;
(4) A statement as to why it is
necessary to conduct the activity within
a national marine sanctuary;
(5) A description of the potential
impacts of the activity, if any, on
sanctuary resources and qualities;
(6) A description of the benefits the
conduct of the activity would have for

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the national marine sanctuary or
national marine sanctuary system;
(7) Copies of all other required
licenses, permits, approvals, or other
authorizations; and
(8) Such other information as the
Director may request or is specified in
the relevant subpart.
(c) Additional information. Upon
receipt of an application, and as part of
the evaluation of the permit application,
the Director may:
(1) Request such additional
information as he or she deems
necessary to act on the application;
(2) Require a site visit; and
(3) Seek the views of any persons.
(d) Time limit for submitting
additional information. Unless
otherwise specified in writing by the
Director, any information requested by
the Director under paragraph (c) of this
section must be received by the Director
within 30 days of the postmark date of
the request or, if email, the date of the
email. Failure to provide such
additional information may be deemed
by the Director to constitute withdrawal
of the permit application.
(e) Incomplete applications. The
Director may consider an application
incomplete, and therefore may refuse to
further consider the application, if the
applicant:
(1) Has failed to submit any of the
information required under paragraph
(b) of this section;
(2) Has failed to submit any of the
information requested by the Director
under paragraph (c) of this section;
(3) Has failed to pay any outstanding
penalties that resulted from a violation
of this part; or
(4) Has failed to fully comply with a
permit issued pursuant to this subpart.

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§ 922.33 Review procedures and
evaluation.

(a) Review criteria. In addition to any
relevant site-specific permit review
criteria, the Director shall not issue a
permit under this subpart or the
relevant subpart, unless he or she also
finds that:
(1) The proposed activity will be
conducted in a manner compatible with
the primary objective of protection of
national marine sanctuary resources and
qualities, taking into account the
following factors: the extent to which
the conduct of the activity may
diminish or enhance national marine
sanctuary resources and qualities; and
any indirect or cumulative effects of the
activity;
(2) It is necessary to conduct the
proposed activity within the national
marine sanctuary to achieve its stated
purpose;

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(3) The methods and procedures
proposed by the applicant are
appropriate to achieve the proposed
activity’s stated purpose and avoid,
minimize, or otherwise mitigate adverse
effects on sanctuary resources and
qualities as much as possible;
(4) The duration of the proposed
activity and its effects are no longer than
necessary to achieve the activity’s stated
purpose;
(5) The expected end value of the
activity to the furtherance of national
marine sanctuary goals and purposes
outweighs any potential adverse
impacts on sanctuary resources and
qualities from the conduct of the
activity;
(6) The applicant is professionally
qualified to conduct and complete the
proposed activity;
(7) The applicant has adequate
financial resources available to conduct
and complete the proposed activity and
terms and conditions of the permit;
(8) There are no other factors that
would make the issuance of a permit for
the activity inappropriate; and
(9) For Olympic Coast National
Marine Sanctuary, the activity as
proposed does not adversely affect any
Washington Coast treaty tribe.
(b) Permit terms and conditions. The
Director, at his or her discretion, may
subject a permit issued under this
subpart or other relevant subpart to such
terms and conditions as he or she deems
appropriate. A permit granted pursuant
to this subpart is nontransferable.
(c) Permit actions. The Director may
amend, suspend, or revoke a permit
issued pursuant to this part or other
relevant subpart for good cause.
Procedures governing permit sanctions
and denials for enforcement reasons are
set forth in subpart D of 15 CFR part
904.
(d) Denial of permit application. The
Director may deny a permit application,
in whole or in part, if it is determined
that:
(1) The proposed activity does not
meet the review criteria specified in this
subpart or the relevant subpart of any
national marine sanctuary in which the
proposed activity is to take place;
(2) The permittee or applicant has
acted in violation of the terms and
conditions of a permit issued under this
subpart or the relevant subpart of any
national marine sanctuary in which the
proposed activity is to take place;
(3) The permittee or applicant has
acted in violation of any regulation set
forth in this subpart, the NMSA, or the
FKNMSPA;
(4) The proposed activity has resulted
in unforeseen adverse impacts to
Sanctuary resources or qualities; or

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963

(5) For other good cause.
(e) Communication of actions and
denials. Any action taken by the
Director under paragraphs (c) and (d) of
this section shall be communicated in
writing to the permittee or applicant
and shall set forth the reason(s) for the
action taken.
§ 922.34

Permit amendments.

(a) Request for amendments. Any
person who has been issued a permit
under this part (a permittee) may
request to amend the permit at any time
while that permit is valid. For purposes
of this section, a permit time extension
is treated as a permit amendment. A
request for permit amendment must be
submitted to the same NOAA office(s) as
the original permit and include
sufficient information to describe the
requested amendment and any
additional supporting information.
(b) Review of amendment requests.
After receiving the permittee’s request
for amendment, the Director will:
(1) Review all reports submitted by
the permittee as required by the permit
terms and conditions; and
(2) Request such additional
information as may be necessary to
evaluate the request.
(c) Denial of amendment request. The
Director may deny a permit amendment
request, in whole or in part, if it is
determined that:
(1) The proposed activity does not
meet the review criteria specified in this
subpart or the relevant subpart of any
national marine sanctuary in which the
proposed activity is to take place;
(2) The permittee or applicant has
acted in violation of the terms or
conditions of a permit issued under this
subpart or the relevant subpart of any
national marine sanctuary in which the
proposed activity is to take place;
(3) The permittee or applicant has
acted in violation of any regulation set
forth in this subpart, the NMSA, or the
FKNMSPA;
(4) The proposed activity has resulted
in unforeseen adverse impacts to
Sanctuary resources or qualities; or
(5) For other good cause.
§ 922.35

Special use permit fees.

(a) Authority to assess fees. The
Director may assess a fee for the conduct
of any activity authorized under a
special use permit issued under
§ 922.31. The Director may collect
assessed fees through agreement with
the permit applicant. No special use
permit may be effective until all
assessed fees are received unless
otherwise provided by the Director by a
fee schedule set forth as a permit
condition.

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(b) Components of permit fees. A fee
assessed under this section may
include:
(1) All costs incurred, or expected to
be incurred, in reviewing and
processing the permit application,
including, but not limited to, costs for:
(i) Personnel;
(ii) Personnel hours;
(iii) Equipment;
(iv) Environmental analysis,
assessment or consultation;
(v) Copying; and
(vi) Overhead costs directly related to
reviewing and processing the permit
application;
(2) All costs incurred, or expected to
be incurred, as a direct result of the
conduct of the activity for which the
permit is being issued, including, but
not limited to:
(i) The cost of monitoring the conduct
both during the activity and after the
activity is completed in order to assess
the impacts to sanctuary resources and
qualities;
(ii) The use of an official NOAA
observer, including travel and expenses
and personnel hours; and
(iii) Overhead costs directly related to
the permitted activity; and
(3) An amount which represents the
fair market value of the use of the
sanctuary resource.

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§ 922.36 National Marine Sanctuary
authorizations.

(a) Authority to issue authorizations.
The Director may authorize a person to
conduct an activity otherwise
prohibited by subparts L through P or
subpart R of this part, if such activity is
specifically allowed by any valid
federal, state, or local lease, permit,
license, approval, or other authorization
(hereafter called ‘‘agency approval’’)
issued after the effective date of
sanctuary designation or expansion,
provided the applicant complies with
the provisions of this section. Such an
authorization by ONMS is hereafter
referred to as an ‘‘ONMS authorization.’’
(b) Authorization notification to the
Director—(1) Notification requirement.
An applicant must notify the Director in
writing of the request for an ONMS
authorization of an agency approval.
The Director may treat an amendment or
extension of such an agency approval as
constituting a new agency approval for
purposes of this section.
(i) Notification must occur within
fifteen days after the date the applicant
files of filing of the application for the
agency approval.
(ii) Notification must be sent to the
Director, Office of National Marine
Sanctuaries, to the attention of the
relevant Sanctuary Superintendent(s) at

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the address specified in subparts L
through P, or subpart R through S, as
appropriate.
(iii) A copy of the application for the
agency approval must accompany the
notification.
(2) Director’s response to notification.
The Director shall respond in writing to
the applicant and provide periodic
updates on pending ONMS
authorization request.
(c) Authorization review procedures
and evaluation—(1) Additional
information. The Director may request
additional information from the
applicant as the Director deems
reasonably necessary to determine
whether to issue an ONMS
authorization and what terms and
conditions are reasonably necessary to
protect sanctuary resources and
qualities.
(i) The information requested must be
received by the Director within 45 days
of the postmark date of the Director’s
request.
(ii) The Director may seek the views
of any persons on the application.
(2) Review criteria. The Director shall
consider the review criteria in
§ 922.33(a)(1) through (9) when deciding
whether to issue an ONMS
authorization.
(3) Director’s response. The Director
shall respond in writing to the applicant
to inform the applicant of the Director’s
decision regarding the authorization
request.
(i) The Director may deny a request
for an ONMS authorization and shall
provide the reason(s) therefore. If the
Director denies a request for an ONMS
authorization, the applicant remains
prohibited from conducting the activity
in the sanctuary.
(ii) The Director may issue an ONMS
authorization containing terms and
conditions deemed reasonably
necessary to protect sanctuary resources
and qualities. Failure to comply with an
ONMS authorization constitutes a
violation of the NMSA and these
regulations, which may result in an
enforcement action and assessment of
penalties.
(d) Authorization actions. The
Director may amend, suspend, or revoke
an ONMS authorization issued pursuant
to this part for good cause. Procedures
governing ONMS sanctions and denials
for enforcement reasons are set forth in
subpart D of 15 CFR part 904.
(e) Communication of actions and
denials. Any action taken by the
Director under paragraphs (c) and (d) of
this section to deny, amend, suspend, or
revoke an ONMS authorization shall be
communicated in writing to the

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permittee or applicant and shall set
forth the reason(s) for the action taken.
(f) Time limits. Any time limit
prescribed in or established under this
section may be extended by the Director
for good cause.
§ 922.37

Appeals of permitting decisions.

(a) Potential appellant. The following
person may appeal an action listed in
paragraph (b) of this section (hereinafter
referred to as ‘‘appellant’’):
(1) An applicant or holder of a
certification of any existing lease,
permit, license, or right of subsistence
use or of access pursuant to § 922.10;
(2) An applicant or a holder of a
National Marine Sanctuary permit
issued pursuant to § 922.30 or pursuant
to site-specific regulations appearing in
subparts F through T of this part;
(3) An applicant or a holder of a
special use permit issued pursuant to
section 310 of the Act and § 922.31; and
(4) An applicant or a holder of an
ONMS authorization of an agency
approval issued by any Federal, State, or
local authority of competent jurisdiction
pursuant to § 922.36.
(5) For those National Marine
Sanctuaries described in subparts F
through K and S and T of this part, any
interested person may also appeal the
same actions described in paragraph
(b)(1) of this section.
(b) Actions that may be appealed. An
appellant may appeal the following
actions to the Assistant Administrator:
(1) The denial, conditioning,
amendment, suspension, or revocation
by the Director of a general permit
pursuant to § 922.30 or other relevant
subpart, special use permit pursuant to
section 310 of the Act and § 922.31, or
an ONMS authorization issued pursuant
to § 922.36; or a certification under
§ 922.10.
(2) Reserved.
(c) Appeal requirements. Appeals
must be made in writing to the Assistant
Administrator for Ocean Services and
Coastal Zone Management, NOAA, 1305
East-West Highway, 13th Floor, Silver
Spring, MD 20910 and must:
(1) State the action(s) by the Director
being appealed;
(2) State the reason(s) for the appeal;
and
(3) Be received within 30 days of the
appellant’s receipt of notice of the
action by the Director.
(d) Appeal procedures. (1) The
Assistant Administrator may request the
appellant submit such information as
the Assistant Administrator deems
necessary in order to render a decision
on the appeal. The information
requested must be received by the
Assistant Administrator within 45 days
of the postmark date of the request.

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(2) The Assistant Administrator may
seek the views of any other persons
when deciding an appeal.
(3) The Assistant Administrator may
hold an informal hearing. If an informal
hearing is held:
(i) The Assistant Administrator may
designate an officer before whom the
hearing shall be held;
(ii) The hearing officer shall give
notice in the Federal Register of the
time, place and subject matter of the
hearing;
(iii) The appellant and Director may
appear personally or by counsel at the
hearing and submit such material and
present such arguments as deemed
appropriate by the hearing officer; and
(iv) The hearing officer shall
recommend a decision in writing to the
Assistant Administrator within 60 days
after the record for the hearing closes.
(e) Deciding an appeal. (1) The
Assistant Administrator shall decide the
appeal using the same regulatory criteria
as for the initial decision and shall base
the appeal decision on the record before
the Director and any information
submitted at the Assistant
Administrator’s request pursuant to
paragraph (d)(1) or (2) of this section,
regarding the appeal, and, if a hearing
has been held, on the record before the
hearing officer and the hearing officer’s
recommended decision.
(2) The Assistant Administrator shall
notify the appellant of the final decision
and the reason(s) therefore in writing.
(3) The Assistant Administrator’s
decision shall constitute final agency
action for purposes of the
Administrative Procedure Act.
(f) Authority to extend time limits.
Any time limit prescribed in or
established under this section other
than the 30-day limit for filing an appeal
pursuant to paragraph (c)(3) of this
section may be extended by the
Assistant Administrator for good cause.
Subpart E [Removed and Reserved]
6. Remove and reserve subpart E,
consisting of §§ 922.40 through 922.50.

■

Subpart F—Monitor National Marine
Sanctuary
■

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Boundary.

The Monitor National Marine
Sanctuary (Sanctuary) consists of a
vertical water column in the Atlantic
Ocean one mile in diameter (0.593
square nautical miles (nmi2) or (0.785
sq. mi.)) extending from the surface to
the seabed, the center of which is at the
following coordinates 35.00639,
–75.40889.

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8. Revise § 922.62 to read as follows:

§ 922.62

Permit procedures.

(a) A person may conduct an activity
otherwise prohibited by § 922.61 if such
activity is specifically authorized by and
conducted in accordance with the
scope, purpose, terms and conditions of
a permit issued under this section and
subpart D of this part.
(b) Applications for permits should be
addressed to the Director, Office of
National Marine Sanctuaries; ATTN:
Superintendent, Monitor National
Marine Sanctuary, c/o The Mariners’
Museum, 100 Museum Drive, Newport
News, VA 23606.
(c) In addition to the requirements of
subpart D of this part, the Director may
not issue a permit under this section
unless the Director also finds that the
extent to which the conduct of the
proposed activity may diminish the
value of the Monitor as a source of
historic, cultural, aesthetic and/or
maritime information is appropriate in
relation to goals of the proposed
activity.
(d) In considering any application
submitted pursuant to this section, the
Director shall seek and consider the
views of the Advisory Council on
Historic Preservation.
Subpart G—Channel Islands National
Marine Sanctuary
9. Amend § 922.70 by revising the first
sentence to read as follows:

■

§ 922.70

Boundary.

The Channel Islands National Marine
Sanctuary (Sanctuary) consists of an
area of approximately 1,110 square
nautical miles (nmi2) (1,470 sq. mi.) of
coastal and ocean waters, and the
submerged lands thereunder, off the
southern coast of California. * * *
■ 10. Amend § 922.71 by:
■ a. Revising the introductory text; and
■ b. Removing the definitions of ‘‘Cruise
ship’’, ‘‘Graywater’’, and ‘‘Introduced
species’’.
The revision reads as follows:
§ 922.71

7. Revise § 922.60 to read as follows:

§ 922.60

■

Definitions.

In addition to those definitions found
at § 922.11, the following definitions
apply to this subpart:
*
*
*
*
*
■ 11. Amend § 922.72 by revising
paragraph (c) to read as follows:
§ 922.72 Prohibited or otherwise regulated
activities-Sanctuary wide.

*

*
*
*
*
(c) The prohibitions in paragraphs
(a)(3) through (10) and (12) and (13) of
this section and in § 922.73 do not apply

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965

to any activity specifically authorized
by and conducted in accordance with
the scope, purpose, terms, and
conditions of a National Marine
Sanctuary permit issued pursuant to
subpart D of this part and § 922.74.
*
*
*
*
*
■ 12. Revise § 922.74 to read as follows:
§ 922.74

Permit procedures.

(a) A person may conduct an activity
otherwise prohibited by § 922.72 or
§ 922.73 if the activity is specifically
authorized by and conducted in
accordance with the scope, purpose,
terms, and conditions of a permit issued
under this section and subpart D of this
part.
(b) Permit applications should be
addressed to the Director, Office of
National Marine Sanctuaries; ATTN:
Superintendent, Channel Islands
National Marine Sanctuary, University
of California Santa Barbara, Ocean
Science Education Building 514, MC
6155, Santa Barbara, CA 93106–6155.
Subpart H—Greater Farallones
National Marine Sanctuary
13. Amend § 922.80 by revising the
first sentence in paragraph (a) to read as
follows:

■

§ 922.80

Boundary.

(a) Greater Farallones National Marine
Sanctuary (Sanctuary) encompasses an
area of approximately 2,488 square
nautical miles (nmi2) (3,295 sq. mi.) of
coastal and ocean waters, and
submerged lands thereunder,
surrounding the Farallon Islands and
Noonday Rock along the northern coast
of California. * * *
*
*
*
*
*
■ 14. Amend § 922.81 by —
■ a. Revising the introductory text; and
■ b. Removing the definitions of
‘‘Attract or attracting’’, ‘‘Clean’’,
‘‘Deserting’’, ‘‘Harmful matter’’,
‘‘Introduced species’’, and ‘‘Seagrass’’.
The revision reads as follows:
§ 922.81

Definitions.

In addition to those definitions found
at § 922.11, the following definitions
apply to this subpart:
*
*
*
*
*
■ 15. Amend § 922.82 by revising
paragraphs (c) and (d) to read as follows:
§ 922.82 Prohibited or otherwise regulated
activities.

*

*
*
*
*
(c) The prohibitions in paragraph (a)
of this section do not apply to activities
necessary to respond to an emergency
threatening life, property or the
environment, or except as may be

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permitted by the Director in accordance
with subpart D of this part.
(d) The prohibitions in paragraphs
(a)(2) through (9) and (11) through (16)
of this section do not apply to any
activity executed in accordance with the
scope, purpose, terms, and conditions of
a National Marine Sanctuary permit
issued in accordance with subpart D of
this part and § 922.83, or a special use
permit issued pursuant to subpart D of
this part.
■

16. Revise § 922.83 to read as follows:

§ 922.83

Permit procedures.

(a) A person may conduct an activity
otherwise prohibited by § 922.82(a)(2)
through (9) and (11) through (16) if such
activity is specifically authorized by and
conducted in accordance with the
scope, purpose, terms and conditions of
a permit issued under this section and
subpart D of this part.
(b) Applications for permits should be
addressed to the Director, Office of
National Marine Sanctuaries; ATTN:
Superintendent, Greater Farallones
National Marine Sanctuary, 991 Marine
Dr., The Presidio, San Francisco, CA
94129.
Subpart I—Gray’s Reef National Marine
Sanctuary

§ 922.91

§ 922.92 Prohibited or otherwise regulated
activities—Sanctuary-wide.

(a) Except as may be necessary for
national defense (subject to the terms
and conditions of Article 5, Section 2 of
the Designation Document) or to
respond to an emergency threatening
life, property, or the environment, or
except as may be permitted by the
Director in accordance with subpart D of
this part and § 922.93 and § 922.94, the
following activities are unlawful for any
person to conduct or to cause to be
conducted within the Sanctuary:
*
*
*
*
*
(c) The prohibitions in this section
and in § 922.94 do not apply to any
activity conducted under and in
accordance with the scope, purpose,
terms, and conditions of a National
Marine Sanctuary permit issued
pursuant to subpart D of this part and
§ 922.93.
*
*
*
*
*
■ 20. Revise § 922.93 to read as follows:
§ 922.93

■

17. Revise § 922.90 to read as follows:

§ 922.90

Boundary.

The Gray’s Reef National Marine
Sanctuary (Sanctuary) consists of
approximately 16.68 square nautical
miles (nmi2) (22 sq. mi.) of ocean waters
and the submerged lands thereunder, off
the coast of Georgia. The Sanctuary
boundary includes all waters and
submerged lands within the geodetic
lines connecting the following
coordinates beginning at Point 1 and
continuing to each subsequent point in
numerical order ending at Point 5.
(Coordinates listed are unprojected
(geographic) and based on the North
American Datum of 1983.):

TABLE 1 TO § 922.90

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1
2
3
4
5

................
................
................
................
................

Latitude
31.36273
31.42106
31.42106
31.36273
31.36273

Longitude
¥80.92120
¥80.92120
¥80.82814
¥80.82814
¥80.92120

18. Amend § 922.91 by revising the
introductory text to read as follows:

■

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Subpart J—National Marine Sanctuary
of American Samoa
21. Amend § 922.101 by revising the
introductory text and paragraph (a) to
read as follows:

■

Boundary.

The Sanctuary is comprised of six
distinct units, forming a network of
marine protected areas around the
islands of the Territory of American
Samoa. Tables containing the exact
coordinates of each point described
below can be found in Appendix to
Subpart J—National Marine Sanctuary
of American Samoa Boundary
Coordinates. The total areal estimate of

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the six units combined is 10,255 nmi2
(13,581 sq. mi.).
(a) Fagatele Bay Unit. The Fagatele
Bay unit is a coastal embayment formed
by a collapsed volcanic crater on the
island of Tutuila, Territory of American
Samoa, and includes Fagatele Bay in its
entirety. The landward boundary is
defined by the mean high high water
line of Fagatele Bay until the point at
which it intersects the seaward
boundary of the Sanctuary as defined by
a straight line between Fagatele Point
(¥14.36527, ¥170.76932) and Steps
Point (¥14.37291, ¥170.76056) from
the point at which it intersects the mean
high high water line seaward.
*
*
*
*
*
■ 22. Amend § 922.102 by—
■ a. Revising the introductory text; and
■ b. Removing the definitions of
‘‘Clean’’, ‘‘Fishing’’, ‘‘Harmful matter’’,
and ‘‘Introduced species’’.
The revision reads as follows:
§ 922.102

Definitions.

In addition to those definitions found
at § 922.11, the following definitions
apply to this subpart:
*
*
*
*
*
■ 23. Amend § 922.103 by revising
paragraph (e) to read as follows:
§ 922.103 Prohibited or otherwise
regulated activities—Sanctuary-wide.

*

Permit procedures.

(a) A person may conduct an activity
otherwise prohibited by § 922.92(a)(1)
through (11) and § 922.94 if the activity
is specifically authorized by and
conducted in accordance within the
scope, purpose, terms and conditions of
a permit issued under this section and
subpart D of this part.
(b) Applications for such permits
should be addressed to the Director,
Office of National Marine Sanctuaries;
ATTN: Superintendent, Gray’s Reef
National Marine Sanctuary, 10 Ocean
Science Circle, Savannah, GA 31411.

§ 922.101
Point

Definitions.

In addition to those definitions found
at § 922.11, the following definitions
apply to this subpart:
*
*
*
*
*
■ 19. Amend § 92.92 by revising
paragraph (a) introductory text and
paragraph (c) to read as follows:

*
*
*
*
(e) The prohibitions in paragraphs
(a)(2) through (15) of this section and
§§ 922.104 and 922.105 do not apply to
any activity conducted under and in
accordance with the scope, purpose,
terms, and conditions of a National
Marine Sanctuary permit issued
pursuant to subpart D of this part and
§ 922.107.
■ 24. Revise § 922.107 to read as
follows:
§ 922.107

Permit procedures.

(a) Any person in possession of a
valid permit issued by the Director, in
consultation with the ASDOC, in
accordance with this section and
subpart D of the part may conduct an
activity otherwise prohibited by
§§ 922.103, 922.104, and 922.105 in the
Sanctuary.
(b) Permit applications shall be
addressed to the Director, Office of
National Marine Sanctuaries; ATTN:
Sanctuary Superintendent, American
Samoa National Marine Sanctuary, P.O.
Box 4318, Pago Pago, AS 96799.
Subpart K—Cordell Bank National
Marine Sanctuary
25. Amend § 922.110 by revising the
first sentence to read as follows:

■

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§ 922.110

Boundary.

§ 922.121

The Cordell Bank National Marine
Sanctuary (Sanctuary) boundary
encompasses a total area of
approximately 971 square nautical miles
(nmi2) (1,286 sq. mi.) of offshore ocean
waters, and submerged lands
thereunder, surrounding the submarine
plateau known as Cordell Bank along
the northern coast of California,
approximately 45 nautical miles westnorthwest of San Francisco, California.
* * *
§ 922.111

[Removed and Reserved]

26. Remove and reserve § 922.111.
■ 27. Amend § 922.112 by revising
paragraphs (b) and (d) as follows:
■

§ 922.112 Prohibited or otherwise
regulated activities.

*

*
*
*
*
(b) The prohibitions in paragraph (a)
of this section do not apply to activities
necessary to respond to an emergency
threatening life, property or the
environment, or except as may be
permitted by the Director in accordance
with subpart D of this part and
§ 922.113.
*
*
*
*
*
(d) The prohibitions in paragraphs
(a)(2) through (7) of this section do not
apply to any activity executed in
accordance with the scope, purpose,
terms, and conditions of a National
Marine Sanctuary permit issued
pursuant to subpart D of this part and
§ 922.113, or a special use permit issued
pursuant to subpart D of this part.
*
*
*
*
*
■ 28. Revise § 922.113 to read as
follows:
§ 922.113

Permit procedures.

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(a) A person may conduct an activity
otherwise prohibited by § 922.112(a)(2)
through (7) if the activity is specifically
authorized by and conducted in
accordance with the scope, purpose,
terms and conditions of a permit issued
under this section and subpart D of this
part.
(b) Applications for permits should be
addressed to the Director, Office of
National Marine Sanctuaries; ATTN:
Superintendent, Cordell Bank National
Marine Sanctuary, P.O. Box 159, Olema,
CA 94950.
Subpart L—Flower Garden Banks
National Marine Sanctuary
29. Amend § 922.121 by—
a. Revising the introductory text; and
b. Removing the definitions of
‘‘Attract or attracting’’ and ‘‘Clean’’.
The revision reads as follows:

■
■
■

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Definitions.

In addition to those definitions found
at § 922.11, the following definitions
applies to this subpart:
*
*
*
*
*
30. Amend § 922.122 by revising
paragraphs (a)(7), (f) and (h) to read as
follows:

■

§ 922.122 Prohibited or otherwise
regulated activities.

(a) * * *
(7) Injuring, catching, harvesting,
collecting or feeding, or attempting to
injure, catch, harvest, collect or feed,
any fish within the Sanctuary by use of
longlines, traps, nets, bottom trawls or
any other gear, device, equipment or
means except by use of conventional
hook and line gear.
*
*
*
*
*
(f) The prohibitions in paragraphs
(a)(2) through (10) of this section do not
apply to any activity specifically
authorized by and conducted in
accordance with the scope, purpose,
terms, and conditions of a National
Marine Sanctuary permit or ONMS
authorization issued pursuant to subpart
D of this part and § 922.123 or a special
use permit issued pursuant to subpart D
of this part.
*
*
*
*
*
(h) Notwithstanding paragraphs (f)
and (g) of this section, in no event may
the Director issue a National Marine
Sanctuary permit under subpart D of
this part and § 922.123 authorizing, or
otherwise approve, the exploration for,
development of, or production of oil,
gas, or minerals in a no-activity zone.
Any leases, permits, approvals, or other
authorizations authorizing the
exploration for, development of, or
production of oil, gas, or minerals in a
no-activity zone and issued after
January 18, 1994 shall be invalid.
31. Revise § 922.123 to read as
follows:

■

§ 922.123

Permit procedures.

(a) A person may conduct an activity
otherwise prohibited by § 922.122(a)(2)
through (10) if such activity is
specifically authorized by and
conducted in accordance with the
scope, purpose, terms, and conditions of
a permit issued under this section and
subpart D of this part.
(b) Applications for such permits
should be addressed to the Director,
Office of National Marine Sanctuaries;
ATTN: Superintendent, Flower Garden
Banks National Marine Sanctuary, 4700
Avenue U, Building 216, Galveston, TX
77551.

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967

Subpart M—Monterey Bay National
Marine Sanctuary
32. Amend § 922.130 by revising the
introductory text, paragraph (a), and the
first sentence of paragraph (b) to read as
follows:

■

§ 922.130

Boundary.

The Monterey Bay National Marine
Sanctuary (Sanctuary) consists of two
separate areas. The combined area of
both parts is approximately 4,601 square
nautical miles (nmi2) (6,093 sq. mi.).
(a) The first area consists of an area
of approximately 4,016 square nautical
miles (nmi2) (5,318 sq. mi.) of coastal
and ocean waters, and submerged lands
thereunder, in and surrounding
Monterey Bay off the central coast of
California.
*
*
*
*
*
(b) The Davidson Seamount
Management Zone is also part of the
Sanctuary. This area, bounded by
geodetic lines connecting a rectangle
centered on the top of the Davidson
Seamount, consists of approximately
585 square nmi (nmi2) (774 sq. mi.) of
ocean waters and the submerged lands
thereunder. * * *
■ 33. Amend § 922.131 by—
■ a. Revising the introductory text; and
■ b. Removing the definitions of
‘‘Attract or attracting’’, ‘‘Clean’’, ‘‘Cruise
ship’’, ‘‘Deserting’’, ‘‘Harmful matter’’,
and ‘‘Introduced species’’.
The revision reads as follows:
§ 922.131

Definitions.

In addition to those definitions found
at § 922.11, the following definitions
apply to this subpart:
*
*
*
*
*
■ 34. Amend § 922.132 by revising
paragraphs (c)(1) and (d) through (f) to
read as follows:
§ 922.132 Prohibited or otherwise
regulated activities.

*

*
*
*
*
(c)(1) All Department of Defense
activities must be carried out in a
manner that avoids to the maximum
extent practicable any adverse impacts
on Sanctuary resources and qualities.
The prohibitions in paragraphs (a)(2)
through (11) and (13) of this section do
not apply to existing military activities
carried out by the Department of
Defense, as specifically identified in the
Final Environmental Impact Statement
and Management Plan for the Proposed
Monterey Bay National Marine
Sanctuary (NOAA, 1992). (Copies of the
FEIS/MP are available from the
Monterey Bay National Marine
Sanctuary, 99 Pacific Street, Bldg. 455A,
Monterey, California 93940.) For

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purposes of the Davidson Seamount
Management Zone, these activities are
listed in the 2008 Final Environmental
Impact Statement. New activities may
be exempted from the prohibitions in
paragraphs (a)(2) through (11) and (13)
of this section by the Director after
consultation between the Director and
the Department of Defense.
*
*
*
*
*
(d) The prohibitions in paragraph
(a)(1) of this section as it pertains to jade
collection in the Sanctuary, and
paragraphs (a)(2) through (11) and (13)
of this section, do not apply to any
activity specifically authorized by and
conducted in accordance with the
scope, purpose, terms, and conditions of
a National Marine Sanctuary permit
issued pursuant to subpart D of this part
and § 922.133 or a special use permit
issued pursuant to subpart D of this
part.
(e) The prohibitions in paragraphs
(a)(2) through (13) of this section do not
apply to any activity authorized by any
lease, permit, license, approval, or other
authorization issued after the effective
date of Sanctuary designation (January
1, 1993) and issued by any Federal,
State, or local authority of competent
jurisdiction, provided that the applicant
complies with § 922.36, the Director
notifies the applicant and authorizing
agency that he or she does not object to
issuance of the authorization, and the
applicant complies with any terms and
conditions the Director deems necessary
to protect Sanctuary resources and
qualities. Amendments and extensions
of authorizations in existence on the
effective date of designation constitute
authorizations issued after the effective
date of Sanctuary designation.
(f) Notwithstanding paragraphs (d)
and (e) of this section, in no event may
the Director issue a National Marine
Sanctuary permit or ONMS
authorization under subpart D of this
part authorizing, or otherwise approve,
the exploration for, development, or
production of oil, gas, or minerals
within the Sanctuary, except for the
collection of jade pursuant to paragraph
(a)(1) of this section; the discharge of
primary-treated sewage within the
Sanctuary (except by certification,
pursuant to § 922.10, of valid
authorizations in existence on January
1, 1993 and issued by other authorities
of competent jurisdiction); or the
disposal of dredged material within the
Sanctuary other than at sites authorized
by EPA (in consultation with COE)
before January 1, 1993. Any purported
authorizations issued by other
authorities within the Sanctuary shall
be invalid.

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35. Revise § 922.133 to read as
follows:

■

§ 922.133

Permit procedures.

(a) A person may conduct an activity
otherwise prohibited by § 922.132(a)(1)
as it pertains to jade collection in the
Sanctuary, § 922.132(a)(2) through (11)
and (13) if conducted under and in
accordance with the scope, purpose,
terms and conditions of a permit issued
under this section and subpart D of this
part.
(b) Applications for permits should be
addressed to the Director, Office of
National Marine Sanctuaries; ATTN:
Superintendent, Monterey Bay National
Marine Sanctuary, 99 Pacific Street,
Bldg. 455A, Monterey, California 93940.
Subpart N—Stellwagen Bank National
Marine Sanctuary
36. Amend § 922.140 by revising the
first sentence in paragraph (a) and
revising paragraph (b) to read as follows:

■

§ 922.140

Boundary.

(a) The Stellwagen Bank National
Marine Sanctuary (Sanctuary) consists
of an area of approximately 639 square
nautical miles (nmi2) (846 sq. mi.) of
Federal marine waters and the
submerged lands thereunder, over and
around Stellwagen Bank and other
submerged features off the coast of
Massachusetts. * * *
(b) The Sanctuary boundary is
identified by the following coordinates,
indicating the most northeast, southeast,
southwest, west-northwest, and northnorthwest points: 42.76672 ¥70.21664
(NE); 42.09330 ¥70.03506 (SE);
42.12924 ¥70.47043 (SW); 42.54830
¥70.59737 (WNW); and 42.65123
¥70.50262 (NNW). The western border
is formed by a straight line connecting
the most southwest and the westnorthwest points of the Sanctuary. At
the most west-northwest point, the
Sanctuary border follows a line
contiguous with the three-mile
jurisdictional boundary of
Massachusetts to the most northnorthwest point. From this point, the
northern border is formed by a straight
line connecting the most northnorthwest point and the most northeast
point. The eastern border is formed by
a straight line connecting the most
northeast and the most southeast points
of the Sanctuary. The southern border
follows a straight line between the most
southwest point and a point located at
42.11526 ¥70.27800. From that point,
the southern border then continues in a
west-to-east direction along a line
contiguous with the three-mile
jurisdictional boundary of

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Massachusetts until reaching the most
southeast point of the Sanctuary. The
boundary coordinates are listed in
appendix A to this subpart.
■ 37. Amend § 922.141 by revising the
introductory text and the definition of
‘‘Industrial material’’ to read as follows:
§ 922.141

Definitions.

In addition to those definitions found
at § 922.11, the following definitions
apply to this subpart:
Industrial material means mineral, as
defined in § 922.11.
*
*
*
*
*
■ 38. Amend § 922.142 by revising
paragraphs (d) and (f) to read as follows:
§ 922.142 Prohibited or otherwise
regulated activities:

*

*
*
*
*
(d) The prohibitions in paragraphs
(a)(1) and (3) through (7) of this section
do not apply to any activity specifically
authorized by and conducted in
accordance with the scope, purpose,
terms, and conditions of a National
Marine Sanctuary permit issued
pursuant to subpart D of this part and
§ 922.143 or a special use permit issued
pursuant to subpart D of this part.
*
*
*
*
*
(f) Notwithstanding paragraphs (d)
and (e) of this section, in no event may
the Director issue a permit under
subpart D of this part and § 922.143, or
under section 310 of the act,
authorizing, or otherwise approving, the
exploration for, development or
production of industrial materials
within the Sanctuary, or the disposal of
dredged materials within the Sanctuary
(except by a certification, pursuant to
§ 922.10, of valid authorizations in
existence on November 4, 1992) and any
leases, licenses, permits, approvals or
other authorizations authorizing the
exploration for, development or
production of industrial materials in the
Sanctuary issued by other authorities
after November 4, 1992, shall be invalid.
■ 39. Revise § 922.143 to read as
follows:
§ 922.143

Permit procedures.

(a) A person may conduct an activity
otherwise prohibited by § 922.142(a)(1)
and (3) through (7) if conducted under
and in accordance with the scope,
purpose, terms and conditions of a
permit issued under this section and
subpart D of this part.
(b) Applications for such permits
should be addressed to the Director,
Office of National Marine Sanctuaries;
ATTN: Superintendent, Stellwagen
Bank National Marine Sanctuary, 175
Edward Foster Road, Scituate, MA
02066.

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969

Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations
40. Revise appendix A to subpart N to
read as follows:

■

Appendix A to Subpart N of Part 922—
Stellwagen Bank National Marine
Sanctuary Boundary Coordinates
Coordinates listed in this appendix
are unprojected (geographic) and based
on the North American Datum of 1983.
Pt.

Latitude

E1 .............
E2 .............
E3 .............
E4 .............
E5 .............
E6 .............
E7 .............
E8 .............
E9 .............
E10 ...........
E11 ...........
E12 ...........
E13 ...........
E14 ...........
E15 ...........
E16 ...........
E17 ...........
E18 ...........
E19 ...........
E20 ...........
E21 ...........
E22 ...........
E23 ...........
E24 ...........
E25 ...........
E26 ...........
E27 ...........
E28 ...........

42.76672
42.09330
42.10239
42.10081
42.11752
42.12038
42.12675
42.12853
42.13342
42.13481
42.13210
42.13339
42.12970
42.12435
42.11526
42.12924
42.54830
42.55850
42.56347
42.57522
42.58075
42.58790
42.59504
42.60651
42.62107
42.63312
42.64245
42.65123

Longitude
¥70.21664
¥70.03506
¥70.05434
¥70.06707
¥70.08658
¥70.10607
¥70.12388
¥70.14005
¥70.15497
¥70.17292
¥70.19605
¥70.21707
¥70.23889
¥70.25585
¥70.27800
¥70.47043
¥70.59737
¥70.58697
¥70.58388
¥70.57254
¥70.55558
¥70.54179
¥70.52843
¥70.51587
¥70.50588
¥70.50132
¥70.50130
¥70.50262

Subpart O—Olympic Coast National
Marine Sanctuary
41. Amend § 922.150 by revising
paragraph (a) to read as follows:

■

§ 922.150

Boundary.

(a) The Olympic Coast National
Marine Sanctuary (Sanctuary) consists
of an area of approximately 2,408 square
nautical miles (nmi2) (3,188 sq. mi.) of
coastal and ocean waters, and the
submerged lands thereunder, off the
central and northern coast of the State
of Washington.
*
*
*
*
*
■ 42. Amend § 922.151 by—
■ a. Revising the introductory text; and
■ b. Removing the definitions of
‘‘Clean’’, ‘‘Cruise ship’’, and ‘‘Harmful
matter’’.
The revision reads as follows:

lotter on DSK11XQN23PROD with RULES1

§ 922.151

Definitions.

In addition to those definitions found
at § 922.11, the following definitions
apply to this subpart:
*
*
*
*
*
■ 43. Amend § 922.152 by revising
paragraphs (a)(5) introductory text, (e),
and (h) to read as follows:

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§ 922.152 Prohibited or otherwise
regulated activities.

(a) * * *
(5) Drilling into, dredging or
otherwise altering the seabed of the
Sanctuary; or constructing, placing or
abandoning any structure, material or
other matter on the submerged lands of
the Sanctuary, except as an incidental
result of:
*
*
*
*
*
(e) The prohibitions in paragraphs
(a)(2) through (8) of this section do not
apply to any activity specifically
authorized by and conducted under and
in accordance with the scope, purpose,
terms and conditions of a National
Marine Sanctuary permit or an ONMS
authorization issued pursuant to subpart
D of this part and § 922.153 or a special
use permit issued pursuant to subpart D
of this part.
*
*
*
*
*
(h) Notwithstanding paragraphs (e)
and (g) of this section, in no event may
the Director issue a National Marine
Sanctuary permit or ONMS
authorization under subpart D of this
part and § 922.153 or a special use
permit under section 310 of the Act
authorizing, or otherwise approve: The
exploration for, development or
production of oil, gas or minerals within
the Sanctuary; the discharge of primarytreated sewage within the Sanctuary
(except by certification, pursuant to
§ 922.10, of valid authorizations in
existence on July 22, 1994 and issued by
other authorities of competent
jurisdiction); the disposal of dredged
material within the Sanctuary other
than in connection with beach
nourishment projects related to the
Quillayute River Navigation Project; or
bombing activities within the Sanctuary.
Any purported authorizations issued by
other authorities after July 22, 1994 for
any of these activities within the
Sanctuary shall be invalid.
■ 44. Revise § 922.153 to read as
follows:
§ 922.153

Permit procedures.

(a) A person may conduct an activity
prohibited by § 922.152(a)(2) through (8)
if conducted in accordance with the
scope, purpose, terms and conditions of
a permit or ONMS authorization issued
under this section and subpart D of this
part.
(b) Applications for such permits or
ONMS authorizations should be
addressed to the Director, Office of
National Marine Sanctuaries; ATTN:
Superintendent, Olympic Coast
National Marine Sanctuary, 115 E
Railroad Ave., Suite 301, Port Angeles,
WA 98362.

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(c) The Director shall obtain the
express written consent of the governing
body of an Indian tribe prior to issuing
a permit, if the proposed activity
involves or affects resources of cultural
or historical significance to the tribe.
(d) Removal or attempted removal of
any Indian cultural resource or artifact
may only occur with the express written
consent of the governing body of the
tribe or tribes to which such resource or
artifact pertains, and certification by the
Director that such activities occur in a
manner that minimizes damage to the
biological and archeological resources.
Prior to permitting entry onto a
significant cultural site designated by a
tribal governing body, the Director shall
require the express written consent of
the governing body of the tribe or tribes
to which such cultural site pertains.
(e) Where the issuance or denial of a
permit is requested by the governing
body of a Washington Coast treaty tribe,
the Director shall consider and protect
the interests of the tribe to the fullest
extent practicable in keeping with the
purposes of the Sanctuary and his or her
fiduciary duties to the tribe.
45. Revise appendix A to subpart O to
read as follows:

■

Appendix A to Subpart O of Part 922—
Olympic Coast National Marine
Sanctuary Boundary Coordinates
Coordinates listed in this appendix
are unprojected (geographic) and based
on the North American Datum of 1983.
Point
1 ................
2 ................
3 ................
4 ................
5 ................
6 ................
7 ................
8 ................
9 ................
10 ..............
11 ..............
12 ..............
13 ..............
14 ..............
15 ..............
16 ..............
17 ..............
18 ..............
19 ..............
20 ..............
21 ..............

Latitude
47.12917
47.12917
47.58472
47.66806
47.83361
47.95361
48.12583
48.25000
48.30589
48.33756
48.44617
48.45256
48.46894
48.49533
48.49894
48.50367
48.50589
48.50283
48.49344
48.46889
48.38806

Longitude
¥124.18389
¥124.97000
¥125.00000
¥125.07889
¥125.09500
¥125.48694
¥125.63889
¥125.68167
¥125.50081
¥125.38136
¥125.15469
¥125.14164
¥125.09775
¥125.00303
¥124.98886
¥124.91581
¥124.84053
¥124.78831
¥124.72725
¥124.63694
¥124.63694

Subpart P—Florida Keys National
Marine Sanctuary
46. Revise § 922.161 to read as
follows:

■

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970
§ 922.161

Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations
Boundary.

The sanctuary consists of an area of
approximately 2,872 square nautical
miles (nmi2) (3,803 sq. mi.) of coastal
and ocean waters, and the submerged
lands thereunder, surrounding the
Florida Keys in Florida. Appendix I to
this subpart sets forth the precise
Sanctuary boundary.
■ 47. Amend § 922.162 by
■ a. Revising paragraphs (a)
introductory text; b, Removing the
definition of ‘‘Fish’’ in paragraph (a);
and
■ b. Revising paragraph (b).
The revisions read as follows:
§ 922.162

Definitions.

(a) The following definitions apply to
the Florida Keys National Marine
Sanctuary regulations. To the extent that
a term appears in § 922.11 and this
section, the definition in this section
governs.
*
*
*
*
*
(b) Other terms appearing in the
regulations in this part are defined at
§ 922.11, and/or in the Marine
Protection, Research, and Sanctuaries
Act (MPRSA), as amended, 33 U.S.C.
1401 et seq. and 16 U.S.C. 1431 et seq.
■ 48. Amend § 922.163 by revising
paragraphs (b), (c), and (f) to read as
follows:
§ 922.163 Prohibited activities—
Sanctuary-wide.

*
*
*
*
(b) Notwithstanding the prohibitions
in this section and in § 922.164, and any
access and use restrictions imposed
pursuant thereto, a person may conduct
an activity specifically authorized by
and conducted in accordance with the
scope, purpose, terms, and conditions of
a National Marine Sanctuary permit
issued pursuant to § 922.166 and
subpart D of this part.
(c) Notwithstanding the prohibitions
in this section and in § 922.164, and any
access and use restrictions imposed
pursuant thereto, a person may conduct
an activity specifically authorized by
any valid Federal, State, or local lease,
permit, license, approval, or other
authorization issued after the effective
date of these regulations, provided that
the applicant complies with § 922.36,
the Director notifies the applicant and
authorizing agency that he or she does
not object to issuance of the
lotter on DSK11XQN23PROD with RULES1

*

authorization, and the applicant
complies with any terms and conditions
the Director deems reasonably necessary
to protect Sanctuary resources and
qualities. Amendments of
authorizations in existence on the
effective date of these regulations
constitute authorizations issued after
the effective date of these regulations.
*
*
*
*
*
(f) In no event may the Director issue
a certification, authorization, or permit
under §§ 922.10, 922.163(c), and
922.166 and subpart D of this part,
respectively, authorizing, or otherwise
approving, the exploration for, leasing,
development, or production of minerals
or hydrocarbons within the Sanctuary,
the disposal of dredged material within
the Sanctuary other than in connection
with beach renourishment or Sanctuary
restoration projects, or the discharge of
untreated or primary treated sewage,
and any purported authorizations issued
by other authorities for any of these
activities within the Sanctuary shall be
invalid.
*
*
*
*
*
■ 49. Amend § 922.166 by revising
paragraph (a) and removing and
reserving paragraphs (e), (g), and (h).
The revision reads as follows:
§ 922.166 Permits other than for access to
the Tortugas Ecological Reserve—
application procedures and issuance
criteria.

(a) A person may conduct an activity
otherwise prohibited by § 922.163 or
§ 922.164 if the activity is specifically
allowed by and conducted in
accordance with the scope, purpose,
terms and conditions of a permit issued
under this section and subpart D of this
part.
(1) Applications for permits should be
addressed to the Director, Office of
National Marine Sanctuaries; ATTN:
Superintendent, Florida Keys National
Marine Sanctuary, 33 East Quay Road,
Key West, FL 33040.
(2) For activities proposed to be
conducted within any of the areas
described in § 922.164 (b) through (e),
the Director shall not issue a permit
unless he or she further finds that such
activities will further and are consistent
with the purposes for which such area
was established, as described in
§§ 922.162 and 922.164 and in the
management plan for the Sanctuary.

Bound No.
(fig. 2)
1a
1b
2a
2b

...........................................
...........................................
...........................................
...........................................

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(3) A person may conduct an activity
otherwise prohibited by § 922.163 or
§ 922.164, if such activity is specifically
allowed by and conducted in
accordance with the scope, purpose,
terms and conditions of a permit issued
under this section and subpart D of this
part, and any additional permit issuance
criteria and requirements in paragraphs
(b), (c), (f), and (i) through (m) of this
section.
*
*
*
*
*
Subpart Q—Hawaiian Islands
Humpback Whale National Marine
Sanctuary
50. Amend § 922.181 by revising
paragraph (a) introductory text to read
as follows:

■

§ 922.181

Boundary.

(a) Except for excluded areas
described in paragraph (b) of this
section, the Hawaiian Islands
Humpback Whale National Marine
Sanctuary encompasses approximately
1,032 square nautical miles (nmi2)
(1,366 sq. mi.), and consists of the
submerged lands and waters off the
coast of the Hawaiian Islands seaward
from the shoreline, cutting across the
mouths of rivers and streams:
*
*
*
*
*
■ 51. Amend § 922.182 by revising
paragraph (b) to read as follows:
§ 922.182

Definitions.

*

*
*
*
*
(b) Other terms appearing in the
regulations in this subpart are defined at
15 CFR 922.11, and/or in the Marine
Protection, Research, and Sanctuaries
Act, as amended, 33 U.S.C. 1401 et seq.,
and 16 U.S.C. 1431 et seq.
■ 52. In appendix A to subpart Q, under
the heading ‘‘Sanctuary Boundary’’
amend section B by revising the table
and amend section C by revising the
table to read as follows:
Appendix A to Subpart Q of Part 922—
Hawaiian Islands Humpback Whale,
National Marine Sanctuary Boundary
Description and Coordinates of the
Lateral Boundary Closures and
Excluded Areas
*

*

*

*

Number of
points

Kailiu Pt., Kauai ......................................................................
Kailiu Pt., Kauai ......................................................................
Mokolea Pt., Kauai .................................................................
Mokolea Pt., Kauai .................................................................

2
........................
2
........................

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*

*

*

*

*

B. * * *

Geographic name

Jkt 259001

*

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06JAR1

Latitude
22.22353
22.27597
22.22497
22.24872

Longitude
¥159.58117
¥159.59983
¥159.38217
¥159.37203

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Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations
Bound No.
(fig. 2)

Geographic name

Number of
points

3a ...........................................
3b ...........................................
4a ...........................................
4b ...........................................
5a ...........................................
5b ...........................................
5c ............................................
6a ...........................................
6b ...........................................
7a ...........................................
7b ...........................................
8a ...........................................
8b ...........................................
9a ...........................................
9b ...........................................
10a .........................................
10b .........................................
10c ..........................................
10d .........................................
10e .........................................
10f ..........................................
10g .........................................
10h .........................................
10i ...........................................
10j ...........................................
10k ..........................................
10l ...........................................
10m ........................................
10n .........................................
10o .........................................
10p .........................................
10q .........................................
10r ..........................................
10s ..........................................
10t ..........................................
10u .........................................
10v ..........................................
10w .........................................
10x ..........................................
10y ..........................................
10z ..........................................
10aa .......................................
10bb .......................................
10cc ........................................
10dd .......................................
10ee .......................................
10ff .........................................
10gg .......................................
10hh .......................................
10ii ..........................................
10jj ..........................................
10kk ........................................
10ll ..........................................
10mm .....................................
10nn .......................................
10oo .......................................
10pp .......................................
10qq .......................................
10rr .........................................
10ss ........................................
10tt .........................................
10uu .......................................
10vv ........................................
10ww ......................................
10xx ........................................
10yy ........................................
11a .........................................
11b .........................................
12a .........................................
12b .........................................
13a .........................................
13b .........................................

Puaena Pt., N Oahu ...............................................................
Puaena Pt., N Oahu ...............................................................
Mahie Pt., N Oahu ..................................................................
Mahie Pt., N Oahu ..................................................................
Kapahulu Groin, S Oahu ........................................................
Kapahulu Groin, S Oahu ........................................................
Kapahulu Groin, S Oahu ........................................................
Makapuu Pt., S Oahu .............................................................
Makapuu Pt., S Oahu .............................................................
Ilio Pt., Molokai .......................................................................
Ilio Pt., Molokai .......................................................................
Pailolo Channel, C. Halawa to Lipoa Pt .................................
Pailolo Channel, C. Halaw to Lipoa Pt ...................................
Hanamanoia Lighthouse, Maui ...............................................
Hanamanoia Lighthouse, Maui ...............................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
3 Nmi. closure around Kahoolawe .........................................
Technical Closure ...................................................................
Technical Closure ...................................................................
Upolu Pt., Hawaii (Big Island) .................................................
Upolu Pt., Hawaii (Big Island) .................................................
Keahole Pt., Hawaii (Big Island) .............................................
Keahole Pt., Hawaii (Big Island) .............................................

2
........................
2
........................
3
........................
........................
2
........................
2
........................
2
........................
2
........................
51
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
2
........................
2
........................
2
........................

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06JAR1

Latitude
21.64017
21.60233
21.56036
21.59228
21.25158
21.26836
21.26839
21.31100
21.32908
21.22381
21.22417
21.02494
21.15819
20.57272
20.58289
20.59947
20.59997
20.60108
20.60183
20.60453
20.60714
20.60961
20.61108
20.61217
20.61411
20.61639
20.63297
20.62169
20.62417
20.62653
20.62872
20.63081
20.63233
20.63306
20.63500
20.63572
20.63633
20.63811
20.63858
20.63983
20.64175
20.64350
20.64511
20.64539
20.64622
20.64764
20.64889
20.64994
20.65083
20.65111
20.65122
20.65147
20.65189
20.65239
20.65247
20.65269
20.65281
20.65306
20.65336
20.65347
20.65344
20.65350
20.65339
20.65328
20.65325
20.65314
20.69422
20.69583
20.26814
20.29997
19.72767
19.72819

971
Longitude
¥158.14056
¥158.10681
¥157.86442
¥157.83486
¥157.84097
¥157.82381
¥157.82328
¥157.64908
¥157.59614
¥157.31272
¥157.25400
¥156.63944
¥156.71033
¥156.44753
¥156.41256
¥156.49222
¥156.49250
¥156.49319
¥156.49358
¥156.49531
¥156.49719
¥156.49925
¥156.50061
¥156.50153
¥156.50336
¥156.50458
¥156.50631
¥156.50819
¥156.51022
¥156.51244
¥156.51483
¥156.51733
¥156.51944
¥156.52033
¥156.52297
¥156.52411
¥156.52497
¥156.52775
¥156.52861
¥156.53011
¥156.53278
¥156.53553
¥156.53842
¥156.53903
¥156.54053
¥156.54353
¥156.54658
¥156.54975
¥156.55297
¥156.55436
¥156.55472
¥156.55586
¥156.55797
¥156.56131
¥156.56233
¥156.56378
¥156.56494
¥156.56675
¥156.57011
¥156.57344
¥156.57372
¥156.57514
¥156.57850
¥156.57992
¥156.58025
¥156.58217
¥156.61875
¥156.63433
¥155.85014
¥155.85478
¥156.06186
¥156.07069

972

Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations

C. * * *
*

*

*

*

*

Bound No.
(fig.2)
14a
14b
15a
15b
16a
16b
16c
16d
17a
17b
18a
18b
19a
19b
20a
20b
21a
21b
22a
22b

.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
..........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................
.........................................

Geographic name

Number of
points

Kawaihae Harbor, Big Island exclusion ..................................
Kawaihae Harbor, Big Island exclusion ..................................
Haleolono Harbor, Molokai exclusion .....................................
Haleolono Harbor, Molokai exclusion .....................................
Kaunakakai Harbor, Molokai exclusion ..................................
Kaunakakai Harbor, Molokai exclusion ..................................
Kaunakakai Harbor, Molokai exclusion ..................................
Kaunakakai Harbor, Molokai exclusion ..................................
Kaumalapau Harbor, Lanai exclusion .....................................
Kaumalapau Harbor, Lanai exclusion .....................................
Manele Harbor, Lanai exclusion .............................................
Manele Harbor, Lanai exclusion .............................................
Lahaina Harbor, Maui exclusion .............................................
Lahaina Harbor, Maui exclusion .............................................
Maalaea Harbor, Maui exclusion ............................................
Maalaea Harbor, Maui exclusion ............................................
Western closure Kuapa Pond (Hawaii Kai), Oahu .................
Western closure Kuapa Pond (Hawaii Kai), Oahu .................
Eastern closure Kuapa Pond (Hawaii Kai), Oahu ..................
Eastern closure Kuapa Pond (Hawaii Kai), Oahu ..................

2
........................
2
........................
4
........................
........................
........................
2
........................
2
........................
2
........................
2
........................
2
........................
2
........................

Subpart R—Thunder Bay Bank
National Marine Sanctuary and
Underwater Preserve
53. Amend § 922.190 by revising
paragraph (a) to read as follows:

■

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§ 922.190

Boundary.

(a) Except as provided in paragraph
(b) of this section, the Thunder Bay
National Marine Sanctuary and
Underwater Preserve (Sanctuary)
consists of an area of approximately
3,247 square nautical miles (nmi2)
(4,300 sq. mi.) of waters of Lake Huron
and the submerged lands thereunder,
over, around, and under the underwater
cultural resources in Thunder Bay. The
eastern boundary of the sanctuary
begins at the intersection of the
southern Alcona County boundary and
the U.S./Canada international boundary
(Point 1). The eastern boundary of the
sanctuary approximates the
international boundary passing through
Points 2–5. The boundary continues
west through Point 6 and then back to
the northeast until it intersects with the
45.83333° N line of latitude at Point 7.
The northern boundary follows the line
of latitude 45.83333° N westward until
it intersects the ¥84.33333° W line of
longitude at Point 8. The western
boundary extends south along the
¥84.33333° W line of longitude towards
Point 9 until it intersects the ordinary
high water mark at Cordwood Point.
From there, the western boundary
follows the ordinary high water mark as
defined by Part 325, Great Lakes
Submerged Lands, of P.A. 451 (1994), as
amended, cutting across the mouths of

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rivers and streams until it intersects the
line formed between Point 10 and Point
11 south of Rogers City, MI. From there
the boundary moves offshore through
Points 11–15 in order until it intersects
the ordinary high water mark along the
line formed between Point 15 and Point
16. At this intersection the boundary
continues to follow the ordinary high
water mark south until it intersects with
the line formed between Point 17 and
Point 18 near Stoneport Harbor Light in
Presque Isle, MI.
*
*
*
*
*
§ 922.194
■

[Removed and Reserved].

54. Remove and reserve § 922.194.

55. Revise § 922.195 to read as
follows:

■

§ 922.195

Permit procedures.

(a) A person may conduct an activity
otherwise prohibited by § 922.193(a)(1)
through (3), if the activity is specifically
authorized by and conducted in
accordance with the scope, purpose,
terms and conditions of a State Permit
provided that:
(1) The State Archaeologist certifies to
NOAA that the activity authorized
under the State Permit will be
conducted consistent with the
Programmatic Agreement, in which case
such State Permit shall be deemed to
have met the requirements of subpart D
of this part; or
(2) In the case where the State
Archaeologist does not certify that the
activity to be authorized under a State
Permit will be conducted consistent
with the Programmatic Agreement, the

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Latitude
20.03731
20.04036
21.08431
21.08467
21.08719
21.08033
21.07736
21.08539
20.78589
20.78364
20.74256
20.74311
20.87175
20.87189
20.79225
20.79022
21.28528
21.28514
21.28147
21.28108

Longitude
¥155.83403
¥155.83269
¥157.24961
¥157.24867
¥157.02658
¥157.03286
¥157.02811
¥157.02083
¥156.99228
¥156.99203
¥156.88692
¥156.88725
¥156.67917
¥156.67889
¥156.50972
¥156.51100
¥157.71881
¥157.71861
¥157.71186
¥157.71119

person complies with the requirements
of subpart D of this part.
(b) In instances where the conduct of
an activity is prohibited by
§ 922.193(a)(1) through (3) is not
addressed under a State or other Federal
lease, license, permit or other
authorization, a person may conduct
such activity if it is specifically
authorized by and conducted in
accordance with the scope, purpose,
terms, and conditions of a permit issued
pursuant to subpart D of this part and
the Programmatic Agreement.
(c) A permit for recovery of an
underwater cultural resource may be
issued if:
(1) The proposed activity satisfies the
requirements for permits described
under paragraphs (a) and (b) of this
section and section 922.33;
(2) The recovery of the underwater
cultural resource is in the public
interest;
(3) Recovery of the underwater
cultural resource is part of research to
preserve historic information for public
use; and
(4) Recovery of the underwater
cultural resource is necessary or
appropriate to protect the resource,
preserve historical information, or
further the policies of the Sanctuary.
(d) A person shall file an application
for a permit with the Michigan
Department of Environmental Quality,
Land and Water Management Division,
P.O. Box 30458, Lansing, MI 48909–
7958. The application shall contain all
of the following information:
(1) The name and address of the
applicant;

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Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules and Regulations
(2) Research plan that describes in
detail the specific research objectives
and previous work done at the site. An
archaeological survey must be
conducted on a site before an
archaeological permit allowing
excavation can be issued;
(3) Description of significant previous
work in the area of interest, how the
proposed effort would enhance or
contribute to improving the state of
knowledge, why the proposed effort
should be performed in the Sanctuary,
and its potential benefits to the
Sanctuary;
(4) An operational plan that describes
the tasks required to accomplish the
project’s objectives and the professional
qualifications of those conducting and
supervising those tasks (see paragraph
(d)(9) of this section). The plan must
provide adequate description of
methods to be used for excavation,
recovery and the storage of artifacts and
related materials on site, and describe
the rationale for selecting the proposed
methods over any alternative methods;
(5) Archaeological recording,
including site maps, feature maps,
scaled photographs, and field notes;
(6) An excavation plan describing the
excavation, recovery and handling of
artifacts;
(7)(i) A conservation plan
documenting:
(A) The conservation facility’s
equipment;
(B) Ventilation temperature and
humidity control; and
(C) storage space.
(ii) Documentation of intended
conservation methods and processes
must also be included;
(8) A curation and display plan for the
curation of the conserved artifacts to
ensure the maintenance and safety of
the artifacts in keeping with the
Sanctuary’s federal stewardship
responsibilities under the Federal
Archaeology Program (36 CFR part 79,
Curation of Federally-Owned and
Administered Archaeological
Collections); and
(9) Documentation of the professional
standards of an archaeologist
supervising the archaeological recovery
of historical artifacts. The minimum
professional qualifications in
archaeology are a graduate degree in
archaeology, anthropology, or closely
related field plus:
(i) At least one year of full-time
professional experience or equivalent
specialized training in archeological
research, administration or
management;
(ii) At least four months of supervised
field and analytic experience in general
North American archaeology;

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(iii) Demonstrated ability to carry
research to completion; and
(iv) At least one year of full-time
professional experience at a supervisory
level in the study of archeological
resources in the underwater
environment.
■ 56. Revise appendix A to subpart R to
read as follows:
Appendix A to Subpart R of Part 922—
Thunder Bay National Marine
Sanctuary and Underwater Preserve
Boundary Coordinates
Coordinates listed in this appendix
are unprojected (geographic) and based
on the North American Datum of 1983.

973

(j) The holder may appeal any action
conditioning, amending, suspending, or
revoking any certification in accordance
with the procedures set forth in
§ 922.37.
*
*
*
*
*
Subpart T—Wisconsin Shipwreck
Coast National Marine Sanctuary
59. Revise § 922.215 to read as
follows:

■

§ 922.215

Permit procedures.

57. Revise § 922.205 to read as
follows:

(a) A person may conduct an activity
otherwise prohibited by § 922.213(a)(1)
and (2) if conducted under and in
accordance with the scope, purpose,
terms and conditions of a permit issued
under this section and subpart D of this
part.
(b) Applications for such permits
should be addressed to the Director,
Office of National Marine Sanctuaries;
ATTN: Superintendent, Wisconsin
Shipwreck Coast National Marine
Sanctuary, 1305 East-West Highway,
Silver Spring, MD 20910.

§ 922.205

■

Point
1
2
3
4

Latitude

................
................
................
................

45.20708
45.20708
44.85847
44.85847

Longitude
¥83.38850
¥83.00000
¥83.00000
¥83.32147

Subpart S—Mallows Bay-Potomac
River National Marine Sanctuary
■

Permit procedures.

(a) A person may conduct an activity
otherwise prohibited by § 922.203(a)(1)
and (2) if conducted under and in
accordance with the scope, purpose,
terms and conditions of a permit issued
under this section and subpart D of this
part.
(b) Applications for such permits
should be addressed to the Director,
Office of National Marine Sanctuaries;
ATTN: Superintendent, Mallows Bay–
Potomac River National Marine
Sanctuary, 1305 East-West Highway,
Silver Spring, MD 20910.
■ 58. Amend § 922.206 by revising
paragraphs (a) and (j) to read as follows:
§ 922.206 Certification of preexisting
leases, licenses, permits, approvals, other
authorizations, or rights to conduct a
prohibited activity.

(a) A person may conduct an activity
prohibited by § 922.203(a)(1) through (3)
if such activity is specifically authorized
by a valid Federal, state, or local lease,
permit, license, approval, or other
authorization, or tribal right of
subsistence use or access in existence
prior to the effective date of sanctuary
designation and within the sanctuary
designated area and complies with
§ 922.10 and provided that the holder of
the lease, permit, license, approval, or
other authorization complies with the
requirements of paragraph (e) of this
section.
*
*
*
*
*

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60. Amend § 922.216 by revising
paragraphs (a) and (j) to read as follows:

§ 922.216 Certification of preexisting
leases, licenses, permits, approvals, other
authorizations, or rights to conduct a
prohibited activity.

(a) A person may conduct an activity
prohibited by § 922.213(a)(1) through (3)
if such activity is specifically authorized
by a valid Federal, state, or local lease,
permit, license, approval, or other
authorization, or tribal right of
subsistence use or access in existence
prior to the effective date of sanctuary
designation and within the sanctuary
designated area and complies with
§ 922.10 and provided that the holder of
the lease, permit, license, approval, or
other authorization complies with the
requirements of paragraph (e) of this
section.
*
*
*
*
*
(j) The holder may appeal any action
conditioning, amending, suspending, or
revoking any certification in accordance
with the procedures set forth in
§ 922.37.
*
*
*
*
*
[FR Doc. 2022–28225 Filed 1–5–23; 8:45 am]
BILLING CODE 3510–NK–P

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