[Federal Register Volume 75, Number 64 (Monday, April 5, 2010)]
[Rules and Regulations]
[Page 17055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7665]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 090122043-0128-03]
RIN 0648-AX37


Gray's Reef National Marine Sanctuary Regulations on the Use of 
Spearfishing Gear; Correction

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

ACTION: Correcting amendment.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
published a document in the Federal Register on February 19, 2010 (75 
FR 7361) on the use and possession of spearfishing gear in Gray's Reef 
National Marine Sanctuary. That document was inadvertently missing a 
word in Sec.  922.92(a)(11)(iii). This document corrects the final 
regulations by revising that section.

DATES: Effective Date: April 5, 2010.

FOR FURTHER INFORMATION CONTACT: Resource Protection Coordinator Becky 
Shortland at (912) 598-2381.

SUPPLEMENTARY INFORMATION: NOAA issued final regulations, effective 
March 22, 2010, that included a description of new requirements on the 
use and possession of spearfishing gear in Gray's Reef National Marine 
Sanctuary (75 FR 7361). After the regulations were published NOAA 
became aware of a word that was inadvertently left out of the 
regulatory text. This notice corrects the grammatical error in Part 
922.92 (a)(11)(iii) by adding the word ``it'' to the paragraph. The 
intent of the regulation is not affected by this correction.

Classification

A. Executive Order 12866: Regulatory Impact

    This final rule has been determined to be not significant within 
the meaning of Executive Order 12866.

B. Administrative Procedure Act/Regulatory Flexibility Act

    The Acting Assistant Administrator finds good cause pursuant to 5 
U.S.C. 553(b)(B) to waive the notice and comment requirements because 
it is unnecessary. This rule corrects a grammatical error in the 
regulations that does not have substantive impacts. The intent of the 
regulation is not affected by the error. NOAA has decided to make this 
document effective immediately because public comment and delayed 
effective date are not necessary due to the minimal nature of the 
correcting amendment. This rule corrects a grammatical error in the 
regulations that does not have substantive impacts. For the reasons 
above, the Acting Assistant Administrator finds good cause to waive the 
30-day delay in effectiveness.

C. Regulatory Flexibility Act

    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis is not 
required and has not been prepared.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)

    Dated: March 31, 2010.
Holly Bamford,
Deputy Acting Assistant Administrator for Ocean Services and Coastal 
Zone Management.

0
Accordingly, for the reasons set forth above, 15 CFR part 922 is 
corrected by making the following correcting amendments:

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

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

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


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2. Amend Sec.  922.92 by revising paragraph (a)(11)(iii) as follows:


Sec.  922.92  Prohibited or otherwise regulated activities.

    (a) * * *
    (11) * * *
    (iii) Spearfishing gear provided that it is stowed on a vessel, not 
available for immediate use, and the vessel is passing through the 
Sanctuary without interruption; and
* * * * *
[FR Doc. 2010-7665 Filed 4-2-10; 8:45 am]
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