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written comments on the proposal to the
FAA. Three (3) comments were
received. Two (2) supporting the
proposed action, and one (1) not
applicable to the proposed action. No
responses are provided.
Incorporation by Reference
Class E airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11, Airspace
Designations and Reporting Points,
which is incorporated by reference in 14
CFR 71.1 on an annual basis. This
document amends the current version of
that order, FAA Order JO 7400.11G,
dated August 19, 2022 and effective
September 15, 2022. FAA Order JO
7400.11G is publicly available as listed
in the ADDRESSES section of this
document. These amendments will be
published in the next update to FAA
Order JO 7400.11.
FAA Order JO 7400.11G lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.

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The Rule
This action amends 14 CFR part 71 by
establishing Class E airspace extending
upward from 700 feet above the surface
within a 6.4-mile radius of Delphi
Municipal Airport, Delphi, IN.
This action supports the
establishment of public instrument
procedures at Delphi Municipal Airport.

significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:

■

Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1

[Amended]

2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:

■

Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.

*

*

*

*

*

Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.

AGL IN E5 Delphi, IN [Establish]
Delphi Municipal Airport, IN
(Lat. 40°32′27″ N, long. 86°40′53″ W)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of the Delphi Municipal Airport.

Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially

RIN 0648–AV85

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Issued in Fort Worth, Texas, on March 29,
2023.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2023–06809 Filed 4–3–23; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 230322–0082]

National Marine Sanctuary
Regulations; Corrections and
Correcting Amendments
Office of National Marine
Sanctuaries (ONMS), National Oceanic
and Atmospheric Administration
(NOAA), Department of Commerce.

AGENCY:

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ACTION:

Final rule; correction.

NOAA published a final rule
that appeared in the Federal Register on
January 6, 2023, announcing revisions
to the National Marine Sanctuaries
program regulations. This document
makes several non-substantive,
technical corrections to inadvertent
errors that appeared in the final rule.
DATES: This correction and correcting
amendments are effective on April 7,
2023.
SUMMARY:

The final rule is accessible
via the internet at the Office of the
Federal Register website at https://
www.federalregister.gov.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Vicki Wedell, NOAA Office of National
Marine Sanctuaries, (240) 533–0650,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In the final rule which appeared in
the January 6, 2023 Federal Register (88
FR 953), there were various inadvertent,
technical, and typographical errors in
the amendatory instructions. On
February 3, 2023, at 88 FR 7357, the
effective date was delayed in order to
provide NOAA time to prepare
technical corrections to the final rule.
This document corrects those errors and
applies those corrections as if they were
included in the final rule that appeared
in the January 6, 2023 Federal Register
publication.
II. Summary of Technical Corrections
to Final Rule
NOAA is publishing this correction to
revise the regulatory instructions so that
implementing regulations are not
removed or otherwise altered in
unintended ways that would create
inaccuracies in the regulatory text and
cause public confusion. This correction
is effective on April 7, 2023, the date on
which the final rule is effective.
Here is a summary of the corrections
and correcting amendments NOAA is
making.
On page 959, in the second column,
§ 922.5 is corrected so that it tracks
without change, except for renumbering,
existing regulatory text published at
§ 922.42 ‘‘Allowed activities’’, as shown
in the ‘‘Correction’’ section.
On page 965, in the third column,
corrects amendatory instruction 14 to
remove ‘‘Cruise ship’’ from § 922.81 to
ensure consistent interpretation of like
terms throughout the System.
On page 965, at the end of the third
column, amendatory instruction 15
included an unnecessary and confusing
internal cross reference in § 922.82(c) to

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Federal Register / Vol. 88, No. 64 / Tuesday, April 4, 2023 / Rules and Regulations
subpart D, which sets forth procedures
and criteria for issuance of National
Marine Sanctuary (NMS) permits.
Section 922.82(c) provides an exception
to the prohibitions set forth in
§ 922.82(a) for activities necessary to
respond to an emergency threatening
life, property or the environment,
whereas § 922.82(d) provides a separate,
independent exception for activities
executed in accordance with a permit
issued in accordance with subpart D.
Therefore, the internal cross-reference
in § 922.82(c) is superfluous, and
amendatory instruction 15 is corrected
to remove the cross-reference in
§ 922.82(c) to subpart D and as shown
in the ‘‘Correction’’ section.
This correction notice includes a new
instruction that revises paragraphs
§ 922.84(a) and (j) that were
inadvertently omitted from the January
6, 2023 final rule. These paragraphs
govern the issuance of certifications in
Greater Farallones NMS. For purposes
of consistency and clarity, the date of
sanctuary expansion is added to
§ 922.84(a), the internal cross-reference
in § 922.84(a) to § 922.47, governing
certifications, is updated and changed to
§ 922.10, and the internal crossreference in § 922.84(j) to § 922.50,
governing appeals, is updated and
changed to § 922.37 in the regulatory
text.
On page 966, in the second column,
amendatory instruction 19 revises
paragraph § 922.92(c) to include a
reference to special use permits issued
pursuant to subpart D that was
inadvertently omitted from the final
rule, and is included in the
‘‘Correction’’ section.
On page 966, in the third column,
amendatory instruction 23 did not
include a reference to special use
permits issued pursuant to subpart D.
Therefore, amendatory instruction 23 is
corrected as shown in the ‘‘Correction’’
section.
On page 967, in the first column,
amendatory instruction 27 included an
unnecessary and confusing internal
cross reference in § 922.112(d) to
subpart D, which sets forth procedures
and criteria for issuance of NMS
permits. Section 922.112(d) provides an
exception to the prohibitions set forth in
§ 922.112(b) for activities necessary to
respond to an emergency threatening
life, property or the environment,
whereas § 922.112(d) provides a
separate, independent exception for
activities executed in accordance with a
permit issued in accordance with
subpart D. Therefore, the internal crossreference in § 922.112(d) is superfluous,
and amendatory instruction 27 is
corrected to remove the cross-reference

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in § 922.112(d) to subpart D, as shown
in the ‘‘Correction’’ section.
On page 967, in the first column,
amendatory instruction 28 is corrected
by updating the address provided at
§ 922.113(b), as shown in the
‘‘Correction’’ section below. A
corresponding change to the ‘‘ATTN’’
line is made at § 922.83(b). On page 966,
in the first column, amendatory
instruction 16 is updated to correspond
to reflect that there is now one
Superintendent and one mailing address
for both Greater Farallones National
Marine Sanctuary and Cordell Bank
National Marine Sanctuary.
On page 967, in the second column,
amendatory instruction 30 inadvertently
updated § 922.122(a)(7) by referencing
an incorrect paragraph. NOAA meant to
revise paragraph (a)(8), not paragraph
(a)(7). Additionally, the instructions to
§ 922.122(f) inadvertently changed the
applicable subparagraphs from (a)(2)
through (11) to (a)(2) through (10),
which is being restored to the original
text, as shown in the ‘‘Correction’’
section below. Moreover, a new
instruction is included in the regulatory
text below for § 922.122(g), which will
replace the reference § 922.49 with
§ 922.36 at subpart D.
On page 967, in the second column,
amendatory instruction 31 updated
paragraph § 922.123(a) by inadvertently
changing the applicable subparagraphs
from (a)(2) through (10) whereas the
original text included the applicable
subparagraphs from (a)(2) through (11).
Amendatory instruction 31 is corrected
as shown in the ‘‘Correction’’ section.
On page 967, in the third column,
amendatory instruction 32 directed the
Office of the Federal Register to revise
the introductory text, paragraph (a), and
the first sentence of paragraph (b) in 15
CFR 922.130. Regarding the revision of
§ 922.130(a), only the first sentence of
§ 922.130(a) was intended to be
updated, and the remaining sentences in
the paragraph were to remain
unchanged. However, the instruction
revised the first sentence and
inadvertently deleted the rest of
paragraph (a). The instruction should
have revised the first sentence of
paragraph (a) and then indicated that
the remaining sentences in the
paragraph were to remain unchanged. In
order to retain the rest of paragraph (a)
as described above, NOAA corrects the
amendatory instruction as shown in the
‘‘Correction’’ section.
On pages 967–968, amendatory
instruction 34 directed the Office of the
Federal Register to revise paragraph
(c)(1) and (d) through (f) in 15 CFR
922.132.

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19825

In paragraph (c)(1), NOAA
inadvertently changed the applicable
subparagraphs from (a)(2) through (12),
which is restored through the regulatory
text below. In addition, in a rulemaking
on November 15, 2021 (86 FR 62901),
NOAA updated the reference for
applicable activities subject to this
exemption for the purposes of Davidson
Seamount Management Zone to be the
2021 Final Environmental Assessment
for Monterey Bay National Marine
Sanctuary Management Plan Review.
NOAA retains that reference in this
correction.
In paragraph (e), NOAA’s intent was
only to update references for
authorizations from § 922.49 to § 922.36
of the new subpart D of part 922. NOAA
inadvertently omitted existing text that
referenced non-invasive introduced
species of shellfish, as determined by
NOAA and the State of California. The
correct applicable subparagraphs and
clarifying text is restored as shown in
the ‘‘Correction’’ section below.
In paragraph (f), NOAA’s intent was
only to update references for
certifications from § 922.47 to § 922.10
of the new subpart D of part 922.
However, the instruction inadvertently
omitted the existing text that referenced
the disposal of dredged material that
does not include the beneficial use of
dredged material as defined by the site
regulations. In order to retain the
existing regulatory text, NOAA corrects
the amendatory instruction as shown in
the ‘‘Correction’’ section.
This correction includes a new
instruction that revises paragraphs
§§ 922.134(a)(2) and (b)(2) to conform to
the consolidation to subpart D made in
the January 6, 2023 final rule. This
section pertains to review of certain
State permits and leases. This correction
adds a cross reference to the new
section § 922.36 in consolidated subpart
D and is corrected in the regulatory
instructions.
On page 968, in the third column,
amendatory instruction 38 for
§ 922.142(f) regarding the limitations on
the issuance of permits for Stellwagen
Bank NMS, is corrected by replacing the
reference to the statute with reference to
the issuance of special use permits
pursuant to the new subpart D, as
shown in the ‘‘Correction’’ section.
On page 969, in the first column,
amendatory instruction 42 inadvertently
updated § 922.152(a)(5) regarding the
Olympic Coast NMS prohibition on
drilling by changing ‘‘submerged lands’’
to ‘‘seabed’’. As such, the instruction to
revise § 922.152(a)(5) is removed. This
correction also updates § 922.152(h)
regarding the limitations on the
issuance of permits for Olympic Coast

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NMS by replacing the reference to the
statute with reference to the issuance of
special use permits pursuant to the new
subpart D, as shown in the ‘‘Correction’’
section.
On page 970, in the first column,
amendatory instruction 47 updates
§ 922.162 of site-specific definitions for
Florida Keys NMS, but inadvertently
did not remove the terms ‘‘Seagrass’’
and ‘‘Vessel’’ as those terms have been
moved to the program regulations at
§ 922.11. The instruction is corrected as
shown in the ‘‘Correction’’ section.
On pages 972–973, amendatory
instructions 53 and 56 are revised. The
boundary description for Thunder Bay
NMS is set forth in 15 CFR 922.190, and
the boundary coordinates for the
Thunder Bay NMS is set forth in
Appendix A of 15 CFR 922, subpart R.
This sanctuary was expanded in 2014
(79 FR 52960; September 5, 2014). The
amendatory instructions to revise the
boundary description in 15 CFR 922.190
and the table of boundary coordinates
were inadvertently included in the final
rule, when only the first sentence of the
boundary description was only to be
updated to read ‘‘3,247 square nautical
miles (nmi2) (4,300 sq. mi.).’’ NOAA is
correcting the language in 15 CFR
922.190 in instruction 53 to accurately
reflect this intended update, and
removing instruction 56 to retain the
existing regulatory descriptions at
Appendix A of 15 CFR 922, subpart R,
as shown in the ‘‘Correction’’ section.
This correction includes a new
amendatory instruction 53a that revises
paragraph § 922.193(d) referring to the
applicability of the site-specific
prohibitions to permits and to
certifications issued for authorizations
in existence on the effective date of the
Thunder Bay NMS regulations.
Subparagraph (d)(1) is revised to
reference special use permits issued
pursuant to the new subpart D, as
shown in the regulatory section below.
Also, subparagraph (d)(2) is removed
and reserved since § 922.194 is no
longer applicable and was removed and
reserved.
This correction includes a new
instruction that revises §§ 922.201(b)
and 922.211(b) to conform to the
consolidation to subpart D made in the
January 6, 2023 final rule. This
correction adds cross references to the
new section § 922.11 on definitions in
the program regulations that was not
updated in the Mallows Bay–Potomac
River and Wisconsin Shipwreck Coast
NMS’s site-specific regulations and
appears in the regulatory section.
On page 973, in the second and third
columns, respectively, amendatory
instructions 57 and 59 correct

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§§ 922.205(a) and 922.215(a) by
removing the phrase ‘‘under this
section’’ from each instruction in the
regulatory text below since the permit
procedures are not included in those
sections, but rather are now
consolidated in Subpart D, as shown in
the ‘‘Correction’’ section.
7. On page 973, in the second and
third columns, respectively, amendatory
instructions 58 and 60 did not revise
§§ 922.206(a) and 922.216(a) to conform
to the consolidation to subpart D made
in the January 6, 2023 final rule. This
correction adds cross references to the
new subpart D for permitting in the
program regulations that was not
updated in the Mallows Bay–Potomac
River and Wisconsin Shipwreck Coast
NMS’s site-specific regulations. In
addition, the effective dates of each
NMS designation are added through this
correction. These changes are shown in
the ‘‘Correction’’ section.
III. Correction
In FR Document 2022–28225 at 88 FR
953 in the issue of January 6, 2023
(delayed effective date at 88 FR 7357,
February 3, 2023), on pages 959–973,
the following corrections are made:
■ 1. On page 959, in the second column,
in amendatory instruction 3, correct
§ 922.5 to read as follows:
§ 922.5

[Corrected]

All activities (e.g., fishing, boating,
diving, research, education) may be
conducted unless prohibited or
otherwise regulated in the site-specific
regulations covered by this part, subject
to any emergency regulations
promulgated under this part, subject to
all prohibitions, regulations,
restrictions, and conditions validly
imposed by any Federal, State, 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 National
Marine Sanctuaries Act (NMSA) (16
U.S.C. 1431 et seq.). The Assistant
Administrator may only directly
regulate fishing activities pursuant to
the procedure set forth in section
304(a)(5) of the NMSA.
■ 2. On page 965, in the third column,
in part 922, correct amendatory
instruction 14 and § 922.81 introductory
text to read as follows:
14. In § 922.81:
a. Revise the introductory text; and
b. Remove the definitions of ‘‘Attract
or attracting’’, ‘‘Clean’’, ‘‘Cruise ship’’,
‘‘Deserting’’, ‘‘Harmful matter’’,
‘‘Introduced species’’, and ‘‘Seagrass’’.
The revision reads as follows:

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§ 922.81

[Corrected]

In addition to those definitions found
at § 922.11, the following definitions
apply to this subpart:
*
*
*
*
*
3. On page 965, in the third column,
in amendatory instruction 15, correct
paragraph (d) to read as follows:

■

§ 922.82

[Corrected]

*

*
*
*
*
(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.
4. On page 966, in the first column, in
amendatory instruction 16, correct
paragraph (b) to read as follows:

■

§ 922.83

[Corrected]

*

*
*
*
*
(b) Applications for permits should be
addressed to the Director, Office of
National Marine Sanctuaries; ATTN:
Superintendent, Greater Farallones and
Cordell Bank National Marine
Sanctuaries, 991 Marine Dr., The
Presidio, San Francisco, CA 94129.
■ 5. On page 966, in the second column,
in amendatory instruction 19 correct
paragraph (a) introductory text and
paragraph (c) to read as follows:
§ 922.92

[Corrected]

(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, or a special use permit issued
pursuant to subpart D of this part.
*
*
*
*
*
■ 6. On page 966, in the third column,
in amendatory instruction 23 correct
paragraph (e) to read as follows:

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§ 922.103

[Corrected]

*

*
*
*
*
(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, or a special use permit issued
pursuant to subpart D of this part.
■ 7. On page 967, in the first column, in
amendatory instruction 27, correct
paragraph (d) to read as follows:
§ 922.112

[Corrected]

*

*
*
*
*
(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.
*
*
*
*
*
■ 8. On page 967, in amendatory
instruction 28, correct § 922.113 to read
as follows:
§ 922.113

[Corrected]

(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, Greater Farallones and
Cordell Bank National Marine
Sanctuaries, 991 Marine Dr., The
Presidio, San Francisco, CA 94129.
■ 9. on page 967, in the second column,
correct amendatory instruction 30 and
the regulatory text to read as follows:
30. In § 922.122 revise paragraphs
(a)(8), (f), (g), and (h) to read as follows:

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§ 922.122

[Corrected]

(a) * * *
(8) 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 (11) of this section do not
apply to any activity specifically

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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.
(g) The prohibitions in paragraphs
(a)(2) through (11) of this section do not
apply to any activity authorized by any
lease, permit, license, approval or other
authorization issued after January 18,
1994, 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.
(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.
■ 10. On page 967, in the second
column, in amendatory instruction 31,
correct § 922.123 to read as follows:
§ 922.123

[Corrected]

(a) A person may conduct an activity
otherwise prohibited by § 922.122(a)(2)
through (11) 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.
■ 11. On page 967, in the third column,
correct amendatory instruction 32 and
the regulatory text to read as follows:
32. Amend § 922.130 by revising the
introductory text, the first sentence of
paragraph (a), and the first sentence of
paragraph (b) to read as follows:
§ 922.130

[Corrected]

The Monterey Bay National Marine
Sanctuary (Sanctuary) consists of two
separate areas. The combined area of

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19827

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. * * *
■ 12. On page 967, in the third column,
in amendatory instruction 34, correct
paragraphs (c)(1), (d), (e) and (f) to read
as follows:
§ 922.132

[Corrected]

*

*
*
*
*
(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 (12) 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). For purposes
of the Davidson Seamount Management
Zone, these activities are listed in the
2021 Final Environmental Assessment
for Monterey Bay National Marine
Sanctuary Management Plan Review.
New activities may be exempted from
the prohibitions in paragraphs (a)(2)
through (12) 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 (8), and (a)(12) of this
section regarding any introduced
species of shellfish that NOAA and the

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Federal Register / Vol. 88, No. 64 / Tuesday, April 4, 2023 / Rules and Regulations

State of California have determined is
non-invasive and will not cause
significant adverse effects to sanctuary
resources or qualities, and that is
cultivated in state waters as part of
commercial shellfish aquaculture
activities, 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) prior
to January 1, 1993. For the purposes of
this subpart, the disposal of dredged
material does not include the beneficial
use of dredged material as defined by
§ 922.131. Any purported authorizations
issued by other authorities within the
Sanctuary shall be invalid.
13. On page 968, in the third column,
in amendatory instruction 38, correct
paragraphs (d) and (f) to read as follows:

■

§ 922.142

[Corrected]

ddrumheller on DSK120RN23PROD with RULES1

*

*
*
*
*
(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

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§ 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
a special use permit issued under
subpart D, 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.

15. On page 970, in the first column,
correct amendatory instruction 47 and
the regulatory text to read:
47. In § 922.162:
a. Revise paragraph (a) introductory
text;
b. Remove the definition of ‘‘Fish,’’
‘‘Seagrass,’’ and ‘‘Vessel’’ in paragraph
(a); and
c. Revise paragraph (b).
The revisions read as follows:

■

§ 922.162

[Corrected]

§ 922.152 Prohibited or otherwise
regulated activities.

(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.
■ 16. on page 972, in the first column,
correct amendatory instruction 53 and
the regulatory text to read as follows:
53. Amend § 922.190 by revising the
first sentence of paragraph (a) to read as
follows:

*

§ 922.190

14. On page 969, in the first and
second columns, correct amendatory
instruction 43 and the regulatory text to
read:
43. Amend § 922.152 by revising
paragraphs (e) and (h) to read as follows:

■

*
*
*
*
(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 subpart D of this part
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; 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.

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Fmt 4700

Sfmt 4700

[Corrected]

(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.
* * *
*
*
*
*
*
■ 17. On page 973, in the second
column, remove amendatory instruction
56.
■ 18. On page 973, in the second
column, correct amendatory instruction
57 and the regulatory text to read as
follows:
57. Revise § 922.205 to read as
follows:
§ 922.205

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 subpart D of this part.
(b) Applications for such permits
should be addressed to the Director,
Office of National Marine Sanctuaries;
ATTN: Superintendent, Mallows BayPotomac River National Marine

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Federal Register / Vol. 88, No. 64 / Tuesday, April 4, 2023 / Rules and Regulations
Sanctuary, 1305 East-West Highway,
Silver Spring, MD 20910.
■ 19. on page 973, in the second
column, in amendatory instruction 58
correct paragraphs (a) and (j) to read as
follows:
§ 922.206

[Corrected]

(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 September 3, 2019 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.
*
*
*
*
*
■ 20. On page 973, in the third column,
correct amendatory instruction 59 and
the regulatory text to read:
59. Revise § 922.215 to read as
follows:
§ 922.215

[Corrected]

(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 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.
■ 21. On page 973, in the third column,
in amendatory instruction 60, correct
paragraphs (a) and (j) to read as follows:

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§ 922.216

[Corrected]

(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 August 16, 2021 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

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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.
*
*
*
*
*
List of Subjects in 15 CFR Part 922
Administrative practice and
procedure, Amendments, Prohibited
activities, Water resources.
For the reasons stated in the
preamble, NOAA is amending 15 CFR
part 922 as follows:
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.

2. Amend § 922.84 by revising
paragraphs (a) and (j) to read as follows:

■

§ 922.84 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 § 922.82(a)(1) through (17)
if such activity is specifically authorized
by a valid Federal, State, or local lease,
permit, license, approval, or other
authorization in existence prior to the
June 9, 2015 effective date of sanctuary
expansion and within the sanctuary
expansion 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.
■ 3. Amend § 922.134 by revising
paragraphs (a)(2) and (b)(2) to read as
follows:
§ 922.134 Review of certain State permits
and leases.

(a) * * *
(2) The MOA specifies how the
process of § 922.36 in subpart D will be
administered within State waters within
the sanctuary in coordination with State
permit and lease programs as
administered by the California Fish and
Game Commission, the Department of

Frm 00029

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Sfmt 9990

Fish and Wildlife and the California
Coastal Commission.
(b) * * *
(2) The MOA specifies how the
process of § 922.36 in subpart D will be
administered within State waters within
the Sanctuary in coordination with the
State permit program.
4. Amend § 922.193 by revising
paragraph (d) introductory text and
(d)(1) to read as follows and removing
and reserving paragraph (d)(2):

■

Correcting Amendments

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§ 922.193 Prohibited or otherwise
regulated activities.

*

*
*
*
*
(d) The prohibitions in paragraphs
(a)(1) through (3) of this section do not
apply to any activity:
(1) Specifically authorized by, and
conducted in accordance with the
scope, purpose, terms and conditions of,
a permit issued pursuant to § 922.195 or
a special use permit issued pursuant to
subpart D of this part.
(2) [Reserved]
5. Amend § 922.201 by revising
paragraph (b) to read as follows:

■

§ 922.201

Definitions.

*

*
*
*
*
(b) All other terms appearing in the
regulations in this subpart are defined at
§ 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.
6. Amend § 922.211 by revising
paragraph (b) to read as follows:

■

§ 922.211

Definitions.

*

*
*
*
*
(b) All other terms appearing in the
regulations in this subpart are defined at
§ 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.
Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services
and Coastal Zone Management, National
Ocean Service, National Oceanic and
Atmospheric Administration.
[FR Doc. 2023–06612 Filed 4–3–23; 8:45 am]
BILLING CODE 3510–NK–P

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