Flower Garden Banks National Marine Sanctuary Regulations, 9391-9393 [2023-03063]
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Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Rules and Regulations
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BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 922
[Docket No. 230206–0037]
RIN 0648–BL38
Flower Garden Banks National Marine
Sanctuary Regulations
Office of National Marine
Sanctuaries (ONMS), National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Final rule.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA) is
issuing this final rule to remove a
provision from one section of the
existing Flower Garden Banks National
Marine Sanctuary (FGBNMS)
regulations, regarding the resolution of
conflicting Federal agency regulations
by the Director of the Office of National
Marine Sanctuaries.
DATES: This final rule is effective on
March 16, 2023.
ADDRESSES: George P. Schmahl,
Superintendent, Flower Garden Banks
National Marine Sanctuary, 4700
Avenue U, Building 216, Galveston,
Texas 77551, at 409–356–0383, or
george.schmahl@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
George P. Schmahl, Superintendent,
Flower Garden Banks National Marine
Sanctuary, 4700 Avenue U, Building
216, Galveston, Texas 77551, at 409–
356–0383, or george.schmahl@noaa.gov.
SUMMARY:
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Presumption of denial ............
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I. Introduction
[FR Doc. 2023–03193 Filed 2–10–23; 4:15 pm]
16:49 Feb 13, 2023
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For all items subject to the
EAR. (See § 744.11 of the
EAR).
SUPPLEMENTARY INFORMATION:
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
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A. Flower Garden Banks National
Marine Sanctuary
The National Marine Sanctuaries Act
(NMSA) authorizes the Secretary of
Commerce (Secretary) to designate and
protect, as national marine sanctuaries,
areas of the marine environment that are
of special national significance due to
their conservation, recreational,
ecological, historical, scientific,
cultural, archeological, educational, or
aesthetic qualities. Day-to-day
management of national marine
sanctuaries is delegated by the Secretary
to NOAA’s ONMS. The primary
objective of the NMSA is to protect
nationally significant marine resources,
including biological features such as
coral reefs, and cultural resources, such
as historic shipwrecks and
archaeological sites. The mission of
FGBNMS is to identify, protect,
conserve, and enhance the natural and
cultural resources, values, and qualities
of the sanctuary and its regional
environment for this and future
generations.
FGBNMS is located in the
northwestern Gulf of Mexico
approximately 70 to 115 miles (113 to
185 kilometers) off the coasts of Texas
and Louisiana. These offshore areas
encompass a wide range of geologic
features and habitat conditions that
support several distinct biological
communities, including the
northernmost stony coral reefs in the
continental United States. The banks,
reefs, and similar formations provide
the foundation for essential benthic
habitats that support a wide variety of
species. They are home to the most
significant examples of coral and algal
reefs, mesophotic and deepwater coral
communities, and other biological
assemblages in the Gulf of Mexico. The
combination of location and geology
makes FGBNMS extremely productive
and diverse, and presents a unique set
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Federal Register
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of challenges for managing and
protecting its natural wonders.
When NOAA first designated
FGBNMS on December 5, 1991 (56 FR
63634) and Congress subsequently
passed a law recognizing the
designation on January 17, 1992 (Pub. L.
102–251, Title I, Sec. 101), the sanctuary
consisted of only two areas known as
East and West Flower Garden Banks (56
FR 63634). Among other things,
FGBNMS regulated a narrow range of
activities, established permit and
certification procedures, and exempted
certain U.S. Department of Defense
(DOD) activities from the sanctuary’s
prohibitions (56 FR 63634). The
regulations also exempted activities
necessary to respond to emergencies
threatening life, property, or the
environment (56 FR 63634). Those
regulations became effective on January
18, 1994 (58 FR 65664). In 1996,
Congress added Stetson Bank to the
sanctuary (Pub. L. 104–283). The
boundaries of Stetson Bank and West
Flower Garden Bank were later
amended to improve administrative
efficiencies and increase the precision
of all boundary coordinates based on
new positioning technology (65 FR
81175, Dec. 22, 2000). Subsequently, on
January 19, 2021, NOAA issued a final
rule for the expansion of FGBNMS (86
FR 4953). The final rule went into effect
on March 22, 2021 (86 FR 15404), and
expanded the boundaries of FGBNMS
from approximately 56 square miles to
approximately 160 square miles (145
square kilometers to 414 square
kilometers), and increased the number
of protected reefs and banks (86 FR
4953). FGBNMS now protects East and
West Flower Garden Banks, Stetson
Bank, Horseshoe Bank, MacNeil Bank,
Rankin/28 Fathom Banks, Bright Bank,
Geyer Bank, Elvers Bank, McGrail Bank,
Bouma Bank, Sonnier Bank, Rezak
Bank, Sidner Bank, Parker Bank, and
Aldrice Bank.
The areas designated as FGBNMS are
currently managed by several Federal
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Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Rules and Regulations
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agencies that share jurisdiction over the
area and its resources. These agencies
include: the U.S. Department of the
Interior, Bureau of Ocean Energy
Management and Bureau of Safety and
Environmental Enforcement, who share
primary jurisdiction over offshore
energy exploration and development;
the U.S. Environmental Protection
Agency, which is responsible for
protecting the quality of the nation’s
waters; NOAA’s National Marine
Fisheries Service and Gulf of Mexico
Fishery Management Council, which
jointly manage the U.S fisheries; and, as
previously stated above, NOAA’s
ONMS, which provides comprehensive
management and protection to the
sanctuary. Additionally, DoD and U.S.
Coast Guard activities, as well as
commercial shipping and other marine
activities, occur in and around the
waters of FGBNMS.
B. Summary of This Final Rule’s
Revision
This action responds to the issues
raised by Federal agency partners
during interagency review of the final
rule to expand FGBNMS (86 FR 4953),
and during interagency review of a
separate, unrelated interim final rule to
update and reorganize the existing
sanctuary regulations and eliminate
redundancies (87 FR 29606).
Specifically, the Federal agency partners
expressed concern that the sanctuary
regulation at 15 CFR 922.122(b) does not
reflect existing practice and may be an
overreach of the ONMS Director’s
delegated authority under the NMSA.
Specifically, section 922.122(b) provides
that if a Federal agency regulation and
a Sanctuary regulation conflict, then the
regulation deemed by the Director of the
ONMS as being more protective of
sanctuary resources and qualities shall
govern. The NMSA does not contain
express language that prescribes how
potential conflicts with other Federal
regulations are to be resolved. The
NMSA instead establishes a framework
‘‘to facilitate to the extent compatible
with the primary objective of resource
protection, all public and private uses of
the resources of these marine areas not
prohibited pursuant to other
authorities’’ (16 U.S.C. 1431(b)(6)). The
NMSA also ‘‘provide[s] authority for
comprehensive and coordinated
conservation and management of . . .
marine areas, and activities affecting
them, in a manner which complements
existing regulatory authorities’’ (16
U.S.C. 1431(b)(2)). To ensure sanctuary
regulations facilitate compatible use and
complement existing regulatory
authorities, the NMSA directs NOAA to
consult with other Federal agencies on
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16:49 Feb 13, 2023
Jkt 259001
the proposed designation of new sites or
expansion of existing sites (16 U.S.C.
1433(b)(2), 1434(a)(4)). It is through this
consultation process, which occurs
before the designation or expansion of
sanctuaries, that potential conflicts
among Federal agency regulations are
typically resolved or avoided. NOAA is
unaware of any situation in which 15
CFR 922.122(b) has ever been triggered,
and section 922.122(b) does not reflect
NOAA’s preferred approach to resolve
potential interagency regulatory
conflicts. Therefore, to address the
concerns raised by Federal partners,
NOAA finalizes the proposal to remove
the existing language from 15 CFR
922.122(b) to reflect existing practice
and better track the NMSA. The
remaining paragraphs of 15 CFR 922.122
will remain unchanged.
A provision similar to 15 CFR
922.122(b) also appears in Article V of
the terms of designation codified in
appendix B of 15 CFR part 922, subpart
L. This action does not modify that
provision. Pursuant to section 304(a)(4)
of the NMSA, the terms of designation
may only be modified by the same
procedures by which the designation is
made. The process includes scoping,
proposal, consultation with Federal
agency partners and public review, as
well as review by Congress. Because
additional procedures are required to
alter the terms of designation, NOAA is
using regulatory action as the first step
in the process.
II. Public Comments Received
NOAA received one comment in
response to the proposed rule, and it is
posted and publicly available on
regulations.gov, under docket number
NOAA–NOS–2022–0047. The comment
is summarized and NOAA provides a
response to the comment below.
Comment: The commenter asks if the
rule evaluated any insurance, capacity,
or regulatory impacts on small
businesses, or if environmental and
marine protections have been
considered in the promulgation of the
rule. The commenter also asks if
competitive labor interests or equitable
contract leverage will be available, or if
construction would cause
environmental disturbance.
Response: No, the rule does not
evaluate the insurance, capacity, or
regulatory impacts on small businesses,
nor does it consider the competitive
labor interests. NOAA believes this
comment is out of scope for this
rulemaking. This final rule is strictly
administrative in nature, and does not
create any new requirements for small
businesses nor does it create or remove
any environmental protections. This
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final rule is a technical solution for a
regulatory provision for FGBNMS that
did not accurately describe how
potential conflicts between the
sanctuary regulations and other Federal
regulations are to be resolved. The
existing regulations establish that if a
Federal agency regulation and a
FGBNMS regulation conflict, then the
regulation deemed as being more
protective of sanctuary resources and
qualities by the Director of ONMS shall
govern. In actual practice, NOAA
consults with other agencies on
regulations that conflict with sanctuary
regulations, so as to facilitate uses of
sanctuary resources that are compatible
with resource protection. Therefore,
NOAA is finalizing the proposal
without change so that existing
practices are better reflected.
III. Classification
A. National Environmental Policy Act
NOAA’s Policy and Procedures for
Compliance with the National
Environmental Policy Act (NEPA) and
Related Authorities (NOAA
Administrative Order (NAO) 216–6A
and Companion Manual for NAO 216–
6A) provide that all NOAA major
Federal actions be reviewed with
respect to environmental consequences
on the human environment. Based on
the NAO and Companion Manual,
NOAA examined the proposed rule for
its potential to impact the quality of the
human environment and concluded that
it is categorically excluded from the
requirement to prepare an
Environmental Assessment or
Environmental Impact Statement in
accordance with the NOAA Categorical
Exclusion G7 because, this action is a
notice of an administrative and legal
nature, any future effects of subsequent
actions are too broad, speculative, or
conjectural to lend themselves to
meaningful analysis and will be subject
to later NEPA analysis, and there are no
extraordinary circumstances precluding
the application of this categorical
exclusion. NOAA received no public
comments related to effects on the
human environment. As such, this final
rule has been determined to be
categorically excluded under G7 as
described in the Companion Manual for
NAO 216–6A, Appendix, page E–14,
and which applies to 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.
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Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Rules and Regulations
B. Executive Order 12866: Regulatory
Impact
Subpart L—Flower Garden Banks
National Marine Sanctuary
This final rule has been determined to
be not significant within the meaning of
Executive Order 12866.
§ 922.122
C. Regulatory Flexibility Act
[FR Doc. 2023–03063 Filed 2–13–23; 8:45 am]
[Amended]
2. Amend § 922.122 by removing and
reserving paragraph (b).
■
BILLING CODE 3510–NK–P
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities for purposes of the Regulatory
Flexibility Act. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification, but NOAA did receive
one public comment about the
evaluation of the insurance, capacity, or
regulatory impacts on small businesses.
However, NOAA has determined that
said public comment is outside the
scope of this rulemaking given the fact
that this final rule is strictly
administrative in nature, the
amendment addresses how potential
conflict among other Federal agency
regulations and FGBNMS sanctuary
regulations are to be resolved, and the
final rule does not create any new
requirements for small businesses nor
does it create or remove any
environmental protections. As a result,
a regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 15 CFR Part 922
Administrative practice and
procedure, Marine resources, Natural
resources.
Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services
and Coastal Zone Management, National
Ocean Service, National Oceanic and
Atmospheric Administration.
Accordingly, for the reasons set forth
above, NOAA amends part 922, title 15
of the Code of Federal Regulations as
follows:
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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.
VerDate Sep<11>2014
16:49 Feb 13, 2023
Jkt 259001
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 157
[Docket No. RM81–19–000]
Natural Gas Pipelines; Project Cost
and Annual Limits
Federal Energy Regulatory
Commission, Energy.
ACTION: Final rule.
AGENCY:
Pursuant to the authority
delegated by the Commission’s
regulations, the Director of the Office of
Energy Projects (OEP) computes and
publishes the project cost and annual
limits for natural gas pipelines blanket
construction certificates for each
calendar year.
DATES: This final rule is effective
February 14, 2023 and establishes cost
limits applicable from January 1, 2023,
through December 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Daniel Green, Chief, Certificates Branch
2, Division of Pipeline Certificates, (202)
502–8755.
SUPPLEMENTARY INFORMATION: Section
157.208(d) of the Commission’s
Regulations provides for project cost
limits applicable to construction,
acquisition, operation, and
miscellaneous rearrangement of
facilities (Table I) authorized under the
blanket certificate procedure (Order No.
234, 19 FERC ¶ 61,216). Section
157.215(a) specifies the calendar year
dollar limit which may be expended on
underground storage testing and
development (Table II) authorized under
the blanket certificate. Section
157.208(d) requires that the ‘‘limits
specified in Tables I and II shall be
adjusted each calendar year to reflect
the ‘GDP implicit price deflator’
published by the Department of
Commerce for the previous calendar
year.’’
Pursuant to § 375.308(x)(1) of the
Commission’s Regulations, the authority
for the publication of such cost limits,
as adjusted for inflation, is delegated to
the Director of the Office of Energy
Projects. The cost limits for calendar
SUMMARY:
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year 2023, as published in Table I of
§ 157.208(d) and Table II of § 157.215(a),
are hereby issued.
Effective Date
This final rule is effective February
14, 2023. The provisions of 5 U.S.C. 804
regarding Congressional review of Final
Rules does not apply to the Final Rule
because the rule concerns agency
procedure and practice and will not
substantially affect the rights or
obligations of non-agency parties. The
final rule merely updates amounts
published in the Code of Federal
Regulations to reflect the Department of
Commerce’s latest annual determination
of the Gross Domestic Product (GDP)
implicit price deflator, a mathematical
updating required by the Commission’s
existing regulations.
List of Subjects in 18 CFR Part 157
Administrative practice and
procedure, Natural Gas, Reporting and
recordkeeping requirements.
Issued: February 7, 2023.
Terry L. Turpin,
Director, Office of Energy Projects.
Accordingly, 18 CFR part 157 is
amended as follows:
PART 157—APPLICATIONS FOR
CERTIFICATES OF PUBLIC
CONVENIENCE AND NECESSITY AND
FOR ORDERS PERMITTING AND
APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS
ACT
1. The authority citation for part 157
is revised to read as follows:
■
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352.
2. In § 157.208, in paragraph (d),
remove table I to part 157 and add table
1 to paragraph (d) in its place to read as
follows:
■
§ 157.208 Construction, acquisition,
operation, replacement, and miscellaneous
rearrangement of facilities.
*
*
*
(d) * * *
*
*
TABLE I TO PARAGRAPH (d)
Limit
Year
1982
1983
1984
1985
1986
1987
1988
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14FER1
Auto. proj.
cost limit
(col. 1)
$4,200,000
4,500,000
4,700,000
4,900,000
5,100,000
5,200,000
5,400,000
Prior notice
proj. cost limit
(col. 2)
$12,000,000
12,800,000
13,300,000
13,800,000
14,300,000
14,700,000
15,100,000
Agencies
[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Pages 9391-9393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03063]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 922
[Docket No. 230206-0037]
RIN 0648-BL38
Flower Garden Banks National Marine Sanctuary Regulations
AGENCY: Office of National Marine Sanctuaries (ONMS), 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
issuing this final rule to remove a provision from one section of the
existing Flower Garden Banks National Marine Sanctuary (FGBNMS)
regulations, regarding the resolution of conflicting Federal agency
regulations by the Director of the Office of National Marine
Sanctuaries.
DATES: This final rule is effective on March 16, 2023.
ADDRESSES: George P. Schmahl, Superintendent, Flower Garden Banks
National Marine Sanctuary, 4700 Avenue U, Building 216, Galveston,
Texas 77551, at 409-356-0383, or [email protected].
FOR FURTHER INFORMATION CONTACT: George P. Schmahl, Superintendent,
Flower Garden Banks National Marine Sanctuary, 4700 Avenue U, Building
216, Galveston, Texas 77551, at 409-356-0383, or
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Flower Garden Banks National Marine Sanctuary
The National Marine Sanctuaries Act (NMSA) authorizes the Secretary
of Commerce (Secretary) to designate and protect, as national marine
sanctuaries, areas of the marine environment that are of special
national significance due to their conservation, recreational,
ecological, historical, scientific, cultural, archeological,
educational, or aesthetic qualities. Day-to-day management of national
marine sanctuaries is delegated by the Secretary to NOAA's ONMS. The
primary objective of the NMSA is to protect nationally significant
marine resources, including biological features such as coral reefs,
and cultural resources, such as historic shipwrecks and archaeological
sites. The mission of FGBNMS is to identify, protect, conserve, and
enhance the natural and cultural resources, values, and qualities of
the sanctuary and its regional environment for this and future
generations.
FGBNMS is located in the northwestern Gulf of Mexico approximately
70 to 115 miles (113 to 185 kilometers) off the coasts of Texas and
Louisiana. These offshore areas encompass a wide range of geologic
features and habitat conditions that support several distinct
biological communities, including the northernmost stony coral reefs in
the continental United States. The banks, reefs, and similar formations
provide the foundation for essential benthic habitats that support a
wide variety of species. They are home to the most significant examples
of coral and algal reefs, mesophotic and deepwater coral communities,
and other biological assemblages in the Gulf of Mexico. The combination
of location and geology makes FGBNMS extremely productive and diverse,
and presents a unique set of challenges for managing and protecting its
natural wonders.
When NOAA first designated FGBNMS on December 5, 1991 (56 FR 63634)
and Congress subsequently passed a law recognizing the designation on
January 17, 1992 (Pub. L. 102-251, Title I, Sec. 101), the sanctuary
consisted of only two areas known as East and West Flower Garden Banks
(56 FR 63634). Among other things, FGBNMS regulated a narrow range of
activities, established permit and certification procedures, and
exempted certain U.S. Department of Defense (DOD) activities from the
sanctuary's prohibitions (56 FR 63634). The regulations also exempted
activities necessary to respond to emergencies threatening life,
property, or the environment (56 FR 63634). Those regulations became
effective on January 18, 1994 (58 FR 65664). In 1996, Congress added
Stetson Bank to the sanctuary (Pub. L. 104-283). The boundaries of
Stetson Bank and West Flower Garden Bank were later amended to improve
administrative efficiencies and increase the precision of all boundary
coordinates based on new positioning technology (65 FR 81175, Dec. 22,
2000). Subsequently, on January 19, 2021, NOAA issued a final rule for
the expansion of FGBNMS (86 FR 4953). The final rule went into effect
on March 22, 2021 (86 FR 15404), and expanded the boundaries of FGBNMS
from approximately 56 square miles to approximately 160 square miles
(145 square kilometers to 414 square kilometers), and increased the
number of protected reefs and banks (86 FR 4953). FGBNMS now protects
East and West Flower Garden Banks, Stetson Bank, Horseshoe Bank,
MacNeil Bank, Rankin/28 Fathom Banks, Bright Bank, Geyer Bank, Elvers
Bank, McGrail Bank, Bouma Bank, Sonnier Bank, Rezak Bank, Sidner Bank,
Parker Bank, and Aldrice Bank.
The areas designated as FGBNMS are currently managed by several
Federal
[[Page 9392]]
agencies that share jurisdiction over the area and its resources. These
agencies include: the U.S. Department of the Interior, Bureau of Ocean
Energy Management and Bureau of Safety and Environmental Enforcement,
who share primary jurisdiction over offshore energy exploration and
development; the U.S. Environmental Protection Agency, which is
responsible for protecting the quality of the nation's waters; NOAA's
National Marine Fisheries Service and Gulf of Mexico Fishery Management
Council, which jointly manage the U.S fisheries; and, as previously
stated above, NOAA's ONMS, which provides comprehensive management and
protection to the sanctuary. Additionally, DoD and U.S. Coast Guard
activities, as well as commercial shipping and other marine activities,
occur in and around the waters of FGBNMS.
B. Summary of This Final Rule's Revision
This action responds to the issues raised by Federal agency
partners during interagency review of the final rule to expand FGBNMS
(86 FR 4953), and during interagency review of a separate, unrelated
interim final rule to update and reorganize the existing sanctuary
regulations and eliminate redundancies (87 FR 29606). Specifically, the
Federal agency partners expressed concern that the sanctuary regulation
at 15 CFR 922.122(b) does not reflect existing practice and may be an
overreach of the ONMS Director's delegated authority under the NMSA.
Specifically, section 922.122(b) provides that if a Federal agency
regulation and a Sanctuary regulation conflict, then the regulation
deemed by the Director of the ONMS as being more protective of
sanctuary resources and qualities shall govern. The NMSA does not
contain express language that prescribes how potential conflicts with
other Federal regulations are to be resolved. The NMSA instead
establishes a framework ``to facilitate to the extent compatible with
the primary objective of resource protection, all public and private
uses of the resources of these marine areas not prohibited pursuant to
other authorities'' (16 U.S.C. 1431(b)(6)). The NMSA also ``provide[s]
authority for comprehensive and coordinated conservation and management
of . . . marine areas, and activities affecting them, in a manner which
complements existing regulatory authorities'' (16 U.S.C. 1431(b)(2)).
To ensure sanctuary regulations facilitate compatible use and
complement existing regulatory authorities, the NMSA directs NOAA to
consult with other Federal agencies on the proposed designation of new
sites or expansion of existing sites (16 U.S.C. 1433(b)(2),
1434(a)(4)). It is through this consultation process, which occurs
before the designation or expansion of sanctuaries, that potential
conflicts among Federal agency regulations are typically resolved or
avoided. NOAA is unaware of any situation in which 15 CFR 922.122(b)
has ever been triggered, and section 922.122(b) does not reflect NOAA's
preferred approach to resolve potential interagency regulatory
conflicts. Therefore, to address the concerns raised by Federal
partners, NOAA finalizes the proposal to remove the existing language
from 15 CFR 922.122(b) to reflect existing practice and better track
the NMSA. The remaining paragraphs of 15 CFR 922.122 will remain
unchanged.
A provision similar to 15 CFR 922.122(b) also appears in Article V
of the terms of designation codified in appendix B of 15 CFR part 922,
subpart L. This action does not modify that provision. Pursuant to
section 304(a)(4) of the NMSA, the terms of designation may only be
modified by the same procedures by which the designation is made. The
process includes scoping, proposal, consultation with Federal agency
partners and public review, as well as review by Congress. Because
additional procedures are required to alter the terms of designation,
NOAA is using regulatory action as the first step in the process.
II. Public Comments Received
NOAA received one comment in response to the proposed rule, and it
is posted and publicly available on regulations.gov, under docket
number NOAA-NOS-2022-0047. The comment is summarized and NOAA provides
a response to the comment below.
Comment: The commenter asks if the rule evaluated any insurance,
capacity, or regulatory impacts on small businesses, or if
environmental and marine protections have been considered in the
promulgation of the rule. The commenter also asks if competitive labor
interests or equitable contract leverage will be available, or if
construction would cause environmental disturbance.
Response: No, the rule does not evaluate the insurance, capacity,
or regulatory impacts on small businesses, nor does it consider the
competitive labor interests. NOAA believes this comment is out of scope
for this rulemaking. This final rule is strictly administrative in
nature, and does not create any new requirements for small businesses
nor does it create or remove any environmental protections. This final
rule is a technical solution for a regulatory provision for FGBNMS that
did not accurately describe how potential conflicts between the
sanctuary regulations and other Federal regulations are to be resolved.
The existing regulations establish that if a Federal agency regulation
and a FGBNMS regulation conflict, then the regulation deemed as being
more protective of sanctuary resources and qualities by the Director of
ONMS shall govern. In actual practice, NOAA consults with other
agencies on regulations that conflict with sanctuary regulations, so as
to facilitate uses of sanctuary resources that are compatible with
resource protection. Therefore, NOAA is finalizing the proposal without
change so that existing practices are better reflected.
III. Classification
A. National Environmental Policy Act
NOAA's Policy and Procedures for Compliance with the National
Environmental Policy Act (NEPA) and Related Authorities (NOAA
Administrative Order (NAO) 216-6A and Companion Manual for NAO 216-6A)
provide that all NOAA major Federal actions be reviewed with respect to
environmental consequences on the human environment. Based on the NAO
and Companion Manual, NOAA examined the proposed rule for its potential
to impact the quality of the human environment and concluded that it is
categorically excluded from the requirement to prepare an Environmental
Assessment or Environmental Impact Statement in accordance with the
NOAA Categorical Exclusion G7 because, this action is a notice of an
administrative and legal nature, any future effects of subsequent
actions are too broad, speculative, or conjectural to lend themselves
to meaningful analysis and will be subject to later NEPA analysis, and
there are no extraordinary circumstances precluding the application of
this categorical exclusion. NOAA received no public comments related to
effects on the human environment. As such, this final rule has been
determined to be categorically excluded under G7 as described in the
Companion Manual for NAO 216-6A, Appendix, page E-14, and which applies
to 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.
[[Page 9393]]
B. Executive Order 12866: Regulatory Impact
This final rule has been determined to be not significant within
the meaning of Executive Order 12866.
C. Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities for purposes of the Regulatory Flexibility Act. The factual
basis for the certification was published in the proposed rule and is
not repeated here. No comments were received regarding this
certification, but NOAA did receive one public comment about the
evaluation of the insurance, capacity, or regulatory impacts on small
businesses. However, NOAA has determined that said public comment is
outside the scope of this rulemaking given the fact that this final
rule is strictly administrative in nature, the amendment addresses how
potential conflict among other Federal agency regulations and FGBNMS
sanctuary regulations are to be resolved, and the final rule does not
create any new requirements for small businesses nor does it create or
remove any environmental protections. As a result, a regulatory
flexibility analysis was not required and none was prepared.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Marine resources, Natural
resources.
Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management,
National Ocean Service, National Oceanic and Atmospheric
Administration.
Accordingly, for the reasons set forth above, NOAA amends part 922,
title 15 of the Code of Federal Regulations 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.
Subpart L--Flower Garden Banks National Marine Sanctuary
Sec. 922.122 [Amended]
0
2. Amend Sec. 922.122 by removing and reserving paragraph (b).
[FR Doc. 2023-03063 Filed 2-13-23; 8:45 am]
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