[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11111-11113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04237]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 140903747-4747-01]
RIN 0648-BE48


Olympic Coast National Marine Sanctuary Regulations; 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) is 
reinstating missing paragraphs of the

[[Page 11112]]

Olympic Coast National Marine Sanctuary (OCNMS) regulations that 
pertain to the issuance of permits. NOAA inadvertently excluded the 
paragraphs in the publication of a November 2011 final rule revising 
OCNMS permitting regulations. The reinstatement of these paragraphs 
will ensure continued coordination with the treaty Indian tribes whose 
cultural and treaty resources may be affected by activities of 
regulated entities. In addition, these provisions provide notice to the 
regulated community of NOAA's responsibilities to treaty Indian tribes 
whose cultural and treaty resources may be affected by a permittee's 
proposed activities.

DATES: Effective March 2, 2015.

FOR FURTHER INFORMATION CONTACT: Helene Scalliet at (301) 713-3125 x281 
or [email protected].

SUPPLEMENTARY INFORMATION: On November 1, 2011, NOAA issued final 
regulations revising permit criteria for Olympic Coast National Marine 
Sanctuary (76 FR 67348). NOAA inadvertently excluded existing 
paragraphs (d) through (h) in section 922.153 from the regulatory text 
as a result of mistaken directions given to the Government Publishing 
Office, which is responsible for publishing the Code of Federal 
Regulations (CFR). Instead of amending only paragraphs (a) through (c) 
of that section, per the 2011 rulemaking, NOAA instructed GPO to revise 
section 922.153 in its entirety, thus replacing all existing regulatory 
text with sections (a) through (c). The missing paragraphs of 
regulatory text are essential to inform regulated entities of NOAA's 
responsibilities toward treaty Indian tribes and their cultural and 
tribal resources. NOAA's responsibility to federally recognized Indian 
tribes, their cultural and treaty resources may affect both the 
processing and determinations of applications to conduct activities in 
the Sanctuary.
    The missing paragraphs (d) through (h) can be found in a previous 
final rule in 60 FR 66875, published on December 27, 1995 and at 15 CFR 
922.153 (2011).
    Evidence that this deletion of paragraphs (d) through (h) was an 
inadvertent procedural error can be drawn from NOAA's absence of 
discussion on these changes in the preambles of both the proposed and 
final rules, as well as the absence of analysis in the associated 
environmental assessment prepared according to the National 
Environmental Policy Act (NEPA). The plain language of the prior rule 
should have guided the public's knowledge and expectations of regulated 
entities proposing activities in the Sanctuary. Without the missing 
paragraphs, those expectations would be conflicted. Accordingly, NOAA 
is publishing this technical correction as a correcting amendment 
without notice and comment. This rule reinstates paragraphs (d) through 
(h) of section 922.153.

Classification

A. Executive Order 12866: Regulatory Impact

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

B. Administrative Procedure Act/Regulatory Flexibility Act

    The Assistant Administrator of the National Ocean Service (NOS) 
finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive the notice and 
comment requirements of the Administrative Procedure Act because this 
rule merely reinstates language from a rule previously submitted to 
notice and comment review and inadvertently deleted from the Code of 
Federal Regulations and as such is unnecessary. This rule corrects a 
procedural error and ensures required and expected implementation of 
NOAA's statutory responsibilities toward treaty Indian tribes with 
cultural and treaty resources in or near the Sanctuary; improves 
communication and collaboration with federally recognized Indian 
tribes; and fulfills the intent of Executive Order 13175. NOAA has 
decided to make this document effective upon publication because public 
comment and delayed effectiveness are unnecessary. The language has 
already been subject to notice and comment from the public and is 
merely a restatement of pre-existing regulatory language. For the 
reasons above, the 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)

W. Russell Callender,
Acting Assistant Administrator for Ocean Services and Coastal Zone 
Management.
    Accordingly, for the reasons discussed in the preamble, the 
National Oceanic and Atmospheric Administration amends 15 CFR part 922 
as follows:

PART 922--NATIONAL MARINE SANCTUARY PROGRAM REGULATIONS

0
1. The authority citation for part 922 continues to read as follows:

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


0
2. Revise Sec.  922.153 to read as follows:


Sec.  922.153  Permit procedures and criteria

    (a) A person may conduct an activity prohibited by paragraphs 
(a)(2) through (8) of Sec.  922.152 if conducted in accordance with the 
scope, purpose, terms and conditions of a permit issued under this 
section and Sec.  922.48.
    (b) Applications for such permits should be addressed to the 
Director, Office of National Marine Sanctuaries; ATTN: Superintendent, 
Olympic Coast National Marine Sanctuary, 115 East Railroad Avenue, 
Suite 301, Port Angeles, WA 98362-2925.
    (c) The Director, at his or her discretion, may issue a permit, 
subject to such terms and conditions as he or she deems appropriate, to 
conduct an activity prohibited by paragraphs (a)(2) through (8) of 
Sec.  922.152, if the Director finds that the activity will not 
substantially injure Sanctuary resources and qualities and will: 
Further research related to Sanctuary resources and qualities; further 
the educational, natural or historical resource value of the Sanctuary; 
further salvage or recovery operations in or near the Sanctuary in 
connection with a recent air or marine casualty; assist in managing the 
Sanctuary; further salvage or recovery operations in connections with 
an abandoned shipwreck in the Sanctuary title to which is held by the 
State of Washington; or be issued to an American Indian tribe adjacent 
to the Sanctuary, and/or its designee as certified by the governing 
body of the tribe, to promote or enhance tribal self-determination, 
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. 
For the purpose of this part, American Indian tribes adjacent to the 
sanctuary mean the Hoh, Makah, and Quileute Indian Tribes and the 
Quinault Indian Nation. In deciding whether to issue a permit, the 
Director may consider such factors as: The professional qualifications 
and financial ability of the applicant as related to the proposed 
activity; the duration of the activity and the duration of its effects; 
the appropriateness of the methods and procedures proposed by the 
applicant

[[Page 11113]]

for the conduct of the activity; the extent to which the conduct of the 
activity may diminish or enhance Sanctuary resources and qualities; the 
cumulative effects of the activity; the end value of the activity; and 
the impacts of the activity on adjacent American Indian tribes. Where 
the issuance or denial of a permit is requested by the governing body 
of an American Indian 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. The Director may also deny a permit application pursuant to 
this section, in whole or in part, if it is determined that the 
permittee or applicant has acted in violation of the terms or 
conditions of a permit or of these regulations. In addition, the 
Director may consider such other factors as he or she deems 
appropriate.
    (d) It shall be a condition of any permit issued that the permit or 
a copy thereof be displayed on board all vessels or aircraft used in 
the conduct of the activity.
    (e) The Director may, inter alia, make it a condition of any permit 
issued that any data or information obtained under the permit be made 
available to the public.
    (f) The Director may, inter alia, make it a condition of any permit 
issued that a NOAA official be allowed to observe any activity 
conducted under the permit and/or that the permit holder submit one or 
more reports on the status, progress or results of any activity 
authorized by the permit.
    (g) 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.
    (h) 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.

[FR Doc. 2015-04237 Filed 2-27-15; 8:45 am]
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