National Marine Sanctuary Regulations; Corrections and Correcting Amendments, 19824-19829 [2023-06612]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Rules and Regulations]
[Pages 19824-19829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06612]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 230322-0082]
RIN 0648-AV85


National Marine Sanctuary Regulations; Corrections and Correcting 
Amendments

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

ACTION: Final rule; correction.

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SUMMARY: 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.

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

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, Sec.  922.5 is corrected so that 
it tracks without change, except for renumbering, existing regulatory 
text published at Sec.  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 Sec.  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 
Sec.  922.82(c) to

[[Page 19825]]

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 Sec.  922.82(a) for 
activities necessary to respond to an emergency threatening life, 
property or the environment, whereas Sec.  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 Sec.  922.82(c) is superfluous, and 
amendatory instruction 15 is corrected to remove the cross-reference in 
Sec.  922.82(c) to subpart D and as shown in the ``Correction'' 
section.
    This correction notice includes a new instruction that revises 
paragraphs Sec.  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 Sec.  
922.84(a), the internal cross-reference in Sec.  922.84(a) to Sec.  
922.47, governing certifications, is updated and changed to Sec.  
922.10, and the internal cross-reference in Sec.  922.84(j) to Sec.  
922.50, governing appeals, is updated and changed to Sec.  922.37 in 
the regulatory text.
    On page 966, in the second column, amendatory instruction 19 
revises paragraph Sec.  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 Sec.  
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 Sec.  922.112(b) for activities necessary 
to respond to an emergency threatening life, property or the 
environment, whereas Sec.  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 cross-reference in 
Sec.  922.112(d) is superfluous, and amendatory instruction 27 is 
corrected to remove the cross-reference in Sec.  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 Sec.  922.113(b), as 
shown in the ``Correction'' section below. A corresponding change to 
the ``ATTN'' line is made at Sec.  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 Sec.  922.122(a)(7) by referencing an incorrect 
paragraph. NOAA meant to revise paragraph (a)(8), not paragraph (a)(7). 
Additionally, the instructions to Sec.  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 Sec.  922.122(g), which will 
replace the reference Sec.  922.49 with Sec.  922.36 at subpart D.
    On page 967, in the second column, amendatory instruction 31 
updated paragraph Sec.  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 Sec.  922.130(a), only the first 
sentence of Sec.  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.
    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 Sec.  922.49 to Sec.  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 Sec.  922.47 to Sec.  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 
Sec. Sec.  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 Sec.  922.36 in consolidated subpart 
D and is corrected in the regulatory instructions.
    On page 968, in the third column, amendatory instruction 38 for 
Sec.  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 Sec.  922.152(a)(5) regarding the Olympic Coast 
NMS prohibition on drilling by changing ``submerged lands'' to 
``seabed''. As such, the instruction to revise Sec.  922.152(a)(5) is 
removed. This correction also updates Sec.  922.152(h) regarding the 
limitations on the issuance of permits for Olympic Coast

[[Page 19826]]

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 
Sec.  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 Sec.  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 (nmi\2\) 
(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 Sec.  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 Sec.  922.194 is no longer applicable and was removed 
and reserved.
    This correction includes a new instruction that revises Sec. Sec.  
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 Sec.  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 Sec. Sec.  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 Sec. Sec.  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:

0
1. On page 959, in the second column, in amendatory instruction 3, 
correct Sec.  922.5 to read as follows:


Sec.  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.

0
2. On page 965, in the third column, in part 922, correct amendatory 
instruction 14 and Sec.  922.81 introductory text to read as follows:
    14. In Sec.  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:


Sec.  922.81  [Corrected]

    In addition to those definitions found at Sec.  922.11, the 
following definitions apply to this subpart:
* * * * *

0
3. On page 965, in the third column, in amendatory instruction 15, 
correct paragraph (d) to read as follows:


Sec.  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 Sec.  922.83, or a special use permit issued pursuant to 
subpart D of this part.

0
4. On page 966, in the first column, in amendatory instruction 16, 
correct paragraph (b) to read as follows:


Sec.  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.

0
5. On page 966, in the second column, in amendatory instruction 19 
correct paragraph (a) introductory text and paragraph (c) to read as 
follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  922.93, or a 
special use permit issued pursuant to subpart D of this part.
* * * * *

0
6. On page 966, in the third column, in amendatory instruction 23 
correct paragraph (e) to read as follows:

[[Page 19827]]

Sec.  922.103  [Corrected]

* * * * *
    (e) The prohibitions in paragraphs (a)(2) through (15) of this 
section and Sec. Sec.  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 Sec.  922.107, or a special use permit 
issued pursuant to subpart D of this part.

0
7. On page 967, in the first column, in amendatory instruction 27, 
correct paragraph (d) to read as follows:


Sec.  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 Sec.  922.113, or 
a special use permit issued pursuant to subpart D of this part.
* * * * *

0
8. On page 967, in amendatory instruction 28, correct Sec.  922.113 to 
read as follows:


Sec.  922.113  [Corrected]

    (a) A person may conduct an activity otherwise prohibited by Sec.  
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.

0
9. on page 967, in the second column, correct amendatory instruction 30 
and the regulatory text to read as follows:
    30. In Sec.  922.122 revise paragraphs (a)(8), (f), (g), and (h) to 
read as follows:


Sec.  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 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 Sec.  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 Sec.  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 Sec.  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.

0
10. On page 967, in the second column, in amendatory instruction 31, 
correct Sec.  922.123 to read as follows:


Sec.  922.123  [Corrected]

    (a) A person may conduct an activity otherwise prohibited by Sec.  
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.

0
11. On page 967, in the third column, correct amendatory instruction 32 
and the regulatory text to read as follows:
    32. Amend Sec.  922.130 by revising the introductory text, the 
first sentence of paragraph (a), and the first sentence of paragraph 
(b) to read as follows:


Sec.  922.130  [Corrected]

    The Monterey Bay National Marine Sanctuary (Sanctuary) consists of 
two separate areas. The combined area of both parts is approximately 
4,601 square nautical miles (nmi\2\) (6,093 sq. mi.).
    (a) The first area consists of an area of approximately 4,016 
square nautical miles (nmi\2\) (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 (nmi\2\) (774 sq. mi.) of ocean waters and the submerged 
lands thereunder. * * *

0
12. On page 967, in the third column, in amendatory instruction 34, 
correct paragraphs (c)(1), (d), (e) and (f) to read as follows:


Sec.  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 Sec.  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

[[Page 19828]]

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 Sec.  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 Sec.  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 Sec.  
922.131. Any purported authorizations issued by other authorities 
within the Sanctuary shall be invalid.

0
13. On page 968, in the third column, in amendatory instruction 38, 
correct paragraphs (d) and (f) to read as follows:


Sec.  922.142  [Corrected]

* * * * *
    (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 Sec.  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 
Sec.  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 Sec.  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.

0
14. On page 969, in the first and second columns, correct amendatory 
instruction 43 and the regulatory text to read:
    43. Amend Sec.  922.152 by revising paragraphs (e) and (h) to read 
as follows:


Sec.  922.152  Prohibited or otherwise regulated activities.

* * * * *
    (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 Sec.  
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 Sec.  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 primary-
treated 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.

0
15. On page 970, in the first column, correct amendatory instruction 47 
and the regulatory text to read:
    47. In Sec.  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:


Sec.  922.162  [Corrected]

    (a) The following definitions apply to the Florida Keys National 
Marine Sanctuary regulations. To the extent that a term appears in 
Sec.  922.11 and this section, the definition in this section governs.
* * * * *
    (b) Other terms appearing in the regulations in this part are 
defined at Sec.  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.

0
16. on page 972, in the first column, correct amendatory instruction 53 
and the regulatory text to read as follows:
    53. Amend Sec.  922.190 by revising the first sentence of paragraph 
(a) to read as follows:


Sec.  922.190  [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 (nmi\2\) (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. * * *
* * * * *

0
17. On page 973, in the second column, remove amendatory instruction 
56.

0
18. On page 973, in the second column, correct amendatory instruction 
57 and the regulatory text to read as follows:
    57. Revise Sec.  922.205 to read as follows:


Sec.  922.205  Permit procedures.

    (a) A person may conduct an activity otherwise prohibited by Sec.  
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 Bay-Potomac River National Marine

[[Page 19829]]

Sanctuary, 1305 East-West Highway, Silver Spring, MD 20910.

0
19. on page 973, in the second column, in amendatory instruction 58 
correct paragraphs (a) and (j) to read as follows:


Sec.  922.206  [Corrected]

    (a) A person may conduct an activity prohibited by Sec.  
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 Sec.  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 Sec.  922.37.
* * * * *

0
20. On page 973, in the third column, correct amendatory instruction 59 
and the regulatory text to read:
    59. Revise Sec.  922.215 to read as follows:


Sec.  922.215  [Corrected]

    (a) A person may conduct an activity otherwise prohibited by Sec.  
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.

0
21. On page 973, in the third column, in amendatory instruction 60, 
correct paragraphs (a) and (j) to read as follows:


Sec.  922.216  [Corrected]

    (a) A person may conduct an activity prohibited by Sec.  
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 Sec.  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 Sec.  922.37.
* * * * *

Correcting Amendments

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

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

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


0
2. Amend Sec.  922.84 by revising paragraphs (a) and (j) to read as 
follows:


Sec.  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 Sec.  
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 Sec.  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 Sec.  922.37.

0
3. Amend Sec.  922.134 by revising paragraphs (a)(2) and (b)(2) to read 
as follows:


Sec.  922.134  Review of certain State permits and leases.

    (a) * * *
    (2) The MOA specifies how the process of Sec.  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 Fish and 
Wildlife and the California Coastal Commission.
    (b) * * *
    (2) The MOA specifies how the process of Sec.  922.36 in subpart D 
will be administered within State waters within the Sanctuary in 
coordination with the State permit program.

0
4. Amend Sec.  922.193 by revising paragraph (d) introductory text and 
(d)(1) to read as follows and removing and reserving paragraph (d)(2):


Sec.  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 Sec.  922.195 or a special use permit issued pursuant to subpart D 
of this part.
    (2) [Reserved]

0
5. Amend Sec.  922.201 by revising paragraph (b) to read as follows:


Sec.  922.201  Definitions.

* * * * *
    (b) All other terms appearing in the regulations in this subpart 
are defined at Sec.  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.

0
6. Amend Sec.  922.211 by revising paragraph (b) to read as follows:


Sec.  922.211  Definitions.

* * * * *
    (b) All other terms appearing in the regulations in this subpart 
are defined at Sec.  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