[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Rules and Regulations]
[Pages 62693-62694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30367]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 971014243-7243-01]


Monterey Bay National Marine Sanctuary

AGENCY: Sanctuaries and Reserves Division (SRD), Office of Ocean and 
Coastal Resource Management (OCRM), National Ocean Service (NOS), 
National Oceanic and Atmospheric Administration (NOAA), Department of 
Commerce (DOC).

ACTION: Final rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
amending the regulations for the Monterey Bay National Marine Sanctuary 
(MBNMS or Sanctuary) to allow the delegation of the authority to object 
to or impose terms or conditions on the exercise of any valid lease, 
permit, license, approval or other authorization issued after January 
1, 1993 (the effective date of the MBNMS designation) from the Director 
of the Office of Ocean and Coastal Resource Management (Director) to 
other Federal officials below the Director's level; for example, the 
Sanctuary Manager.

DATES: This rule will be effective on November 25, 1997.

FOR FURTHER INFORMATION CONTACT:
Scott Kathey at (408) 647-4251 or Elizabeth Moore at (301) 713-3141 
ext. 170.

SUPPLEMENTARY INFORMATION:

I. Summary of the Proposed Regulatory Amendment

    The MBNMS regulations at 15 CFR 922.132(a) prohibit a relatively 
narrow range of activities and thus make it unlawful for any person to 
conduct them or cause them to be conducted.
    Under 15 CFR 922.49 (Notification and review of applications for 
leases, licenses, permits, approvals or other authorizations to conduct 
a prohibited activity), the MBNMS prohibitions do not apply to any 
activity authorized by any valid lease, permit, license, approval or 
other authorization issued after the effective date of the Sanctuary 
designation (i.e., January 1, 1993 for the MBNMS) by any Federal, State 
or local authority of competent jurisdiction, provided that the 
applicant for such authorization complies with the procedures of 
section 922.49. The Director is required to notify the applicant 
whether he or she has an objection to issuance of the authorization and 
what terms and conditions he or she deems necessary to protect 
Sanctuary resources or qualities.
    Section 922.134(a) of the MBNMS regulations states ``The authority 
granted the Director under Sec. 922.49 to object to or impose terms or 
conditions on the exercise of any valid lease, permit, license, 
approval or other authorization issued after January 1, 1993 may not be 
delegated or otherwise assigned to other Federal officials below the 
Director's level.'' This provision prevents the Director from 
delegating this authority to the Sanctuary Manager of the MBNMS or any 
other Federal official below the Director's level. The Sanctuary 
Manager currently has the delegated authority to issue Sanctuary 
permits. Further, the MBNMS is the only Sanctuary of the twelve in the 
National Marine Sanctuary Program in which the authority to object to 
or impose terms and conditions under Sec. 922.49 cannot be and has not 
been delegated to the Sanctuary Manager. Consequently, this rule amends 
the MBNMS regulations to allow for the delegation to the Sanctuary 
Manager or any other Federal official below the Director's level of the 
authority to object to or impose terms or conditions on the exercise of 
any valid lease, permit, license, approval or other authorization 
issued after January 1, 1993, pursuant to Sec. 922.49.

[[Page 62694]]

II. Miscellaneous Rulemaking Requirements

Executive Order 12866: Regulatory Impact

    NOAA has concluded that this regulatory action is not significant 
within the meaning of section 3(f) of Executive Order 12866 because it 
will not result in:
    (1) An annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, productivity, 
competition, jobs, the environment, or public health and safety;
    (2) A serious inconsistency or otherwise interfere with an action 
taken or planned by another agency;
    (3) A material alteration of the budgetary impact of entitlement, 
grants, user fees, or loan programs or rights and obligations of such 
recipients; or
    (4) Novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    The Office of Management and Budget has concurred in this 
determination.

Executive Order 12612: Federalism Assessment

    This regulatory action does not have sufficient federalism 
implications sufficient to warrant preparation of a federalism 
assessment under Executive Order 12612.

Paperwork Reduction Act

    This rule would not impose an information collection requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
of 1980, 44 U.S.C. 3500 et seq.

Administrative Procedure Act

    This rule is exempt from the rulemaking requirements of 5 U.S.C. 
553 by paragraph (a)(2) of that section because it is a matter relating 
to agency management.

Regulatory Flexibility Act

    Because this rule is not required to be issued with prior notice 
and opportunity for public comment by 5 U.S.C. 553 or by any other law, 
it is not subject to the Regulatory Flexibility Act requirement for 
preparation of a regulatory flexibility analysis, and none has been 
prepared.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Education, 
Environmental protection, Marine resources, Natural resources, 
Penalties, Recreation and recreation areas, Reporting and recordkeeping 
requirements, Research.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: November 13, 1997.
Nancy Foster,
Assistant Administrator for Ocean Services and Coastal Zone Management.

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

PART 922--[AMENDED]

    1. The authority citation for Part 922 continues to read as 
follows:

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

Subpart M--Monterey Bay National Marine Sanctuary


Sec. 922.134  [Amended]

    2. Section 922.134 is amended by removing and reserving paragraph 
(a).

[FR Doc. 97-30367 Filed 11-24-97; 8:45 am]
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