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RuleSignificant2022-282252023-01-06

National Marine Sanctuary Regulations

Commerce Department, National Oceanic and Atmospheric Administration

Abstract

The National Oceanic and Atmospheric Administration (NOAA) published in the Federal Register on May 13, 2022 an interim final rule amending the National Marine Sanctuaries program regulations, which has not yet gone into effect. With this final rule, NOAA administratively withdraws the amendatory instructions and associated regulatory text of the interim final rule, and, in response to public comment replaces it with slightly revised amendatory instructions and regulatory text for a few--but not all--provisions that were in that interim final rule. NOAA, however, retains the preamble and the responses to public comments provided in the interim final rule. Even with these revisions, this final rule is largely similar to the interim final rule, except that NOAA retains the existing regulatory language on the definition of "commercial fishing" and retains the opportunity for third party appeals of sanctuary permitting decisions by interested parties in those sanctuaries that currently recognize such appeals. In addition, this final rule removes amendatory instructions for updating the boundary description and boundary coordinates for the Flower Garden Banks National Marine Sanctuary (NMS), which were inadvertently included in the interim final rule and did not reflect a boundary expansion that went into effect on March 22, 2021. This document provides responses to additional comments received on the interim final rule.

Action & Dates

Action
Final rule; interim final rule; administrative withdrawal.
Dates
This rule is effective on February 6, 2023. As of January 6, 2023, the interim final rule published May 13, 2022, at 87 FR 29606, delayed on June 24, 2022, at 87 FR 37228, and further delayed on September 14, 2022 (87 FR 56268), is withdrawn.
Effective Date
2023-02-06

CFR References

Topics

Administrative practice and procedureEnvironmental protectionMarine resourcesNatural resourcesResearchWater resources

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No. 221215-0274] RIN 0648-AV85 AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION: Final rule; interim final rule; administrative withdrawal. SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) published in the Federal Register on May 13, 2022 an interim final rule amending the National Marine Sanctuaries program regulations, which has not yet gone into effect. With this final rule, NOAA administratively withdraws the amendatory instructions and associated regulatory text of the interim final rule, and, in response to public comment replaces it with slightly revised amendatory instructions and regulatory text for a few—but not all—provisions that were in that interim final rule. NOAA, however, retains the preamble and the responses to public comments provided in the interim final rule. Even with these revisions, this final rule is largely similar to the interim final rule, except that NOAA retains the existing regulatory language on the definition of “commercial fishing” and retains the opportunity for third party appeals of sanctuary permitting decisions by interested parties in those sanctuaries that currently recognize such appeals. In addition, this final rule removes amendatory instructions for updating the boundary description and boundary coo

Read full document on FederalRegister.gov →

Full Document

Citation: 88 FR 953