[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35776-35781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13908]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 130403324-3376-01]
RIN 0648-BC94


Boundary Expansion of Thunder Bay National Marine Sanctuary

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

ACTION: Proposed rule.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
proposes to expand the boundary of Thunder Bay National Marine 
Sanctuary (TBNMS or sanctuary) and revise the corresponding sanctuary 
terms of designation. The proposed new boundary for TBNMS would 
increase the size of the sanctuary from 448 square miles to 4,300 
square miles and would extend protection to 47 additional known 
historic shipwrecks of national significance. A draft environmental 
impact statement has been prepared for this proposed action. NOAA is 
soliciting public comment on the proposed rule and draft environmental 
impact statement.

DATES: Comments will be considered if received by August 13, 2013. 
Public hearings will be held at 6 p.m. in the following locations:
     Monday, July 15--Presque Isle District Library, Rogers 
City Location, 181 East Erie Street, Rogers City, MI 49779.
     Tuesday, July 16--Great Lakes Maritime Heritage Center, 
500 W. Fletcher Street, Alpena, MI 49707.
     Wednesday, July 17--Alcona County Library, Harrisville 
Branch, 312 W. Main, Harrisville, MI 48740.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NOS-2012-0077, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/

[[Page 35777]]

!docketDetail;D=NOAA-NOS-2012-0077, click the ``Comment Now!'' 
icon, complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Thunder Bay National 
Marine Sanctuary, 500 W. Fletcher, Alpena, Michigan 49707, Attn: Jeff 
Gray, Superintendent.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NOAA. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NOAA will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Jeff Gray, Superintendent, Thunder Bay 
National Marine Sanctuary at 989-356-8805 ext. 12 or jeff.gray@noaa.gov
    Copies of the draft environmental impact statement and proposed 
rule can be downloaded or viewed on the internet at www.regulations.gov 
(search for docket  NOAA-NOS-2012-0077) or at http://thunderbay.noaa.gov. Copies can also be obtained by contacting the 
person identified under ``For Further information Contact''.

SUPPLEMENTARY INFORMATION:

I. Background

A. Thunder Bay National Marine Sanctuary

    Located in northwestern Lake Huron, Thunder Bay is adjacent to one 
of the most treacherous stretches of water within the Great Lakes 
system. Unpredictable weather, murky fog banks, sudden gales, and rocky 
shoals earned the area the name ``Shipwreck Alley''. Fire, ice, 
collisions, and storms have claimed nearly 200 vessels in and around 
Thunder Bay. Today, the 448-square-mile Thunder Bay National Marine 
Sanctuary (TBNMS or sanctuary) protects one of America's best-preserved 
and nationally-significant collections of shipwrecks. To date, 45 
shipwrecks have been discovered within the sanctuary. In addition to 
helping to protect and interpret individual sites, understanding the 
sanctuary in the context of a maritime cultural landscape reveals a 
broad historical canvas that can encompass many different perspectives 
to foster an interconnected understanding of the maritime past. As 
defined by the National Park Service, a cultural landscape is a 
geographic area including both cultural and natural resources, coastal 
environments, human communities, and related scenery that is associated 
with historic events, activities or persons, or exhibits other cultural 
or aesthetic values. The maritime cultural landscape allows Thunder 
Bay's maritime heritage to continue to unfold as new discoveries are 
made and encourages an increasingly diverse public to find shared 
meaning in this nationally significant place.
    Although the sheer number of shipwrecks is impressive, it is the 
range of vessel types located in the sanctuary, their excellent state 
of preservation and accessibility to the public that makes the 
collection nationally significant. From an 1844 sidewheel steamer to a 
modern 500-foot-long German freighter, the shipwrecks of Thunder Bay 
represent a microcosm of maritime commerce and travel on the Great 
Lakes. Well preserved by Lake Huron's cold, fresh water, the shipwrecks 
and related maritime heritage sites in and around Thunder Bay are 
historically, archaeologically and recreationally significant. NOAA 
designated the area as a national marine sanctuary in 2000. The 
sanctuary is managed jointly by NOAA and the State of Michigan under 
the umbrella of the 2002 Memorandum of Agreement (December 2002).

B. Need for Action

    The purpose of this proposed action would be to provide long-term 
protection and comprehensive management for 47 additional known 
historic shipwrecks of special national significance, and other 
maritime heritage resources (i.e. docks, cribs), located outside the 
sanctuary's existing boundary. The action would also provide protection 
for historic shipwrecks and maritime heritage resources yet to be 
discovered. This proposed action would be compatible with the purposes 
and policies of the National Marine Sanctuaries Act (NMSA; 16 U.S.C. 
1431).
    Beyond the sanctuary's existing boundaries are 47 additional known 
historic shipwrecks that are at risk from threats which include both 
human activities and natural processes. Human threats include looting 
and altering sanctuary shipwreck sites, and damaging or destroying 
sites by anchoring. Natural processes include the impacts of wind, 
waves, storms and ice, as well as the impact of invasive species such 
as zebra and quagga mussels that today cover most of Lake Huron's 
shipwrecks. These processes threaten the long term sustainability of 
historic shipwrecks and other maritime heritage resources. In order to 
ensure long-term protection, these 47 additional known historic 
shipwreck sites require the same level of research and resource 
protection afforded sites within the existing TBNMS boundary.
    Although additional shipwreck sites exist outside the proposed 
boundary expansion area, NOAA's proposed action contains the sites 
whose protection would best complement from an archaeological, 
historical and recreational perspective, the resources in the existing 
sanctuary boundaries. Such maritime heritage resources require long-
term protection and management to reduce threats that could impact 
their historical, archeological, recreational and educational value. 
There is a need to apply education and outreach efforts to shipwrecks 
beyond the sanctuary's existing boundary to promote responsible use of 
sanctuary resources and help reduce human impacts. The comprehensive 
and coordinated management that NOAA would provide includes extensive 
research, education, and outreach programs. This would fill important 
gaps in archeological knowledge and historical context of these 
shipwrecks, and enhance sustainable recreational and tourism 
opportunities.
    While state laws and other applicable federal law (such as The 
Abandoned Shipwreck Act codified in 43 U.S.C. 2101, et seq.) intended 
to reduce the impact of human activities on historic shipwrecks and 
related maritime heritage resources have been effective, those laws 
only apply to abandoned property. Sanctuary regulation in the proposed 
expanded area would provide increased protection in the following ways: 
(1) The Sanctuary regulations would apply to all historic shipwrecks, 
not just abandoned shipwrecks; (2) The use of grappling hooks or other 
anchoring devices would be prohibited on underwater cultural resource 
sites that are marked with a mooring buoy; (3) ``Hand-taking'' of 
artifacts outside the Thunder Bay Underwater Preserve, but still within 
the revised Sanctuary boundary, would be prohibited; (4) Permit 
applications would be required to satisfy the Federal Archaeology 
Program guidelines for all sites located within the revised sanctuary 
boundary; and (5) as an additional enforcement mechanism, NOAA would 
still be able to assess civil penalties under the

[[Page 35778]]

National Marine Sanctuaries Act for violation of sanctuary regulations.

C. History of Process

    NOAA selected the proposed boundary after considering alternatives 
evaluated when the sanctuary was designated in 2000; expansion 
alternatives later developed by the Sanctuary Advisory Council in 2007; 
and considerable public input during public scoping meetings in 2012. 
Historical and archaeological research conducted since the sanctuary's 
designation was used to establish the number and condition of resources 
within the proposed new boundary for TBNMS, as well as the historical, 
archeological and recreational significance of these sites. Nearly all 
of the known sites within the proposed action are eligible for listing 
on the National Register of Historic Places.
    NOAA designated the sanctuary as the nation's thirteenth national 
marine sanctuary in 2000 for the purpose of: ``Providing long-term 
protection and management to the conservation, recreational, research, 
educational, and historical resources and qualities of the area.'' 
Because new challenges and opportunities emerge with time, the NMSA 
requires periodic updating of sanctuary management plans (and 
regulations, if appropriate) to reevaluate site-specific goals and 
objectives and to develop management strategies and activities to 
ensure that the sanctuary best protects its resources. The original 
TBNMS management plan was written as part of the sanctuary designation 
process and published in the final environmental impact statement.\1\ 
The designation of the sanctuary in 2000 has had a tremendously 
positive socioeconomic impact on community development and maritime 
heritage tourism in Northeast Michigan, and as a result government 
officials and the public are interested in how a sanctuary expansion 
could further contribute to enhancing recreational and tourism 
opportunities for those communities. Expansion of the sanctuary 
boundaries could bring similar positive socioeconomic impacts to a 
larger geographic area in Michigan. As the idea for a boundary 
expansion has been considered for many years, NOAA has documented 
considerable support for expansion. The documentary support includes 
letters, resolutions, Congressional testimony, and Sanctuary Advisory 
Council recommendations from the past five years.\2\
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    \1\ http://thunderbay.noaa.gov/pdfs/thunderbayeis.pdf.
    \2\ http://thunderbay.noaa.gov/management/expansion.html.
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    In 2007, as part of the management plan review process, NOAA 
established a sanctuary advisory council boundary expansion working 
group to evaluate whether the boundary should be expanded to protect, 
manage, and interpret additional shipwrecks and other potential 
maritime heritage resources. The boundary expansion working group 
identified and considered the following study area for evaluation of 
boundary alternatives: a 4,110-square-mile area that extended the 
current sanctuary south into Alcona County, north into Presque Isle 
County, and east to the international border with Canada. The study 
area was identified based on the density of known and undiscovered 
resources, the historical, archaeological, and recreational 
significance of individual and collective resources, and the maritime 
landscape. On May 22, 2007, the boundary expansion working group 
presented this recommendation to the Sanctuary Advisory Council (SAC). 
The SAC responded by passing a resolution to expand the boundaries to 
the recommended area. Based on this recommendation, Senator Carl Levin 
introduced two sanctuary expansion bills into the U.S. Congress, but 
they were never brought to a vote.
    In 2009, NOAA published an updated final management plan.\3\ In 
response to the Sanctuary Advisory Council's recommendation, the 
Thunder Bay NMS Final Management Plan (2009) contains a strategy 
(Strategy RP-1) to ``Evaluate and assess a proposed expansion of the 
sanctuary to a 3,662-square-mile area from Alcona County to Presque 
Isle County, east to the international border with Canada to protect, 
manage, and interpret additional shipwrecks and other potential 
maritime heritage resources.'' This action plan formed the basis for 
NOAA's current proposed action. The 3,662-square-mile area added to the 
area of the existing sanctuary would have resulted in a total sanctuary 
area of 4,110 square-miles.
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    \3\ http://sanctuaries.noaa.gov/management/mpr/tbnmsmp.pdf.
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    In April 2012, NOAA held three public scoping meetings: in Alpena, 
Harrisville and Rogers City, which were attended by 22, 6 and 14 
people, respectively. In addition, NOAA received 21 letters and emails, 
with an additional seven comments submitted through the online portal. 
Most of the comments submitted were in support of boundary expansion. 
In fact, several people suggested a slightly larger area than 4,110 
square-miles to protect an additional five historic shipwrecks. This 
larger area, for a total of 4,300 square miles, is presented in this 
proposed action.

II. Summary of the Proposed Regulations

    The proposed regulatory action would expand the boundaries of the 
sanctuary, increasing the total area of the sanctuary from 448 square 
miles to approximately 4,300 square miles. The southern boundary of the 
sanctuary begins where the southern boundary of Alcona County 
intersects with the ordinary high water mark of Lake Huron and runs 
east until it intersects the U.S./Canada international boundary. The 
eastern boundary of the sanctuary follows the international boundary 
until it intersects with the 45[deg]50' N line of latitude. The 
northern boundary follows this line of latitude (45[deg]50' N) westward 
until it intersects the 84[deg]20' W line of longitude. The western 
boundary extends south along this line of longitude (84[deg]20' W) 
until it intersects the ordinary high water mark at Cordwood Point. 
From there, the western boundary follows the ordinary high water mark 
as defined by Part 325, Great Lakes Submerged Lands, of P.A. 451 
(1994), as amended, until it intersects the southern boundary of Alcona 
County. The table in Appendix A of Thunder Bay National Marine 
Sanctuary regulations provides several coordinates used to define the 
boundaries of the sanctuary. A map of this expanded area can be found 
on our Web site at http://thunderbay.noaa.gov/management/expansion.html 
and in the draft environmental impact statement.

III. Summary of Proposed Changes to the Sanctuary Terms of Designation

    Section 304(a)(4) of the NMSA requires that the terms of 
designation for national marine sanctuaries include: (1) The geographic 
area included within the Sanctuary; (2) the characteristics of the area 
that give it conservation, recreational, ecological, historical, 
research, educational, or esthetic value; and (3) the types of 
activities subject to regulation by NOAA to protect those 
characteristics. This section also specifies that the terms of the 
designation may be modified only by the same procedures by which the 
original designation is made.
    To implement this action, NOAA is proposing to make changes to the 
TBNMS terms of designation, which were previously published in the 
Federal Register on June 22, 2000 (65 FR 39042). The changes would:

[[Page 35779]]

    1. Modify Article II ``Description of the Area'' by changing the 
description of size of the sanctuary and describing the proposed new 
boundary for the sanctuary.
    2. Modify Article III ``Characteristics of the Area That Give It 
Particular Value'' by changing the description of the nationally 
significant characteristics of the area included in the Sanctuary.
    3. Modify Article V ``Effect on Other Regulations, Leases, Permits, 
Licenses, and Rights'' to reflect the new organization within NOAA.
    The revised terms of designation are proposed to read as follows 
(new text in parentheses and deleted text in brackets):

(Proposed Revisions to the Terms of Designation for the Thunder Bay 
National Marine Sanctuary and Underwater Preserve)

    Under the authority of the National Marine Sanctuaries Act, as 
amended (the ``Act'' or ``NMSA''), 16 U.S.C. 1431 et seq., Thunder Bay 
and its surrounding waters offshore of Michigan, and the submerged 
lands under Thunder Bay and its surrounding waters, as described in 
Article II, are hereby designated as the Thunder Bay National Marine 
Sanctuary and Underwater Preserve for the purposes of providing long-
term protection and management to the conservation, recreational, 
research, educational, and historical resources and qualities of the 
area. Section 304(a)(4) of the NMSA requires that the terms of 
designation include the geographic area included within the Sanctuary; 
the characteristics of the area that give it conservation, 
recreational, ecological, historical, research, educational, or 
esthetic value; and the types of activities that will be subject to 
regulation by the Secretary of Commerce to protect those 
characteristics. The terms of designation may be modified only by the 
procedures provided in Section 304(a) of the Act (the same procedures 
by which the original designation is made). Thus, the terms of 
designation serve as a constitution for the Sanctuary.

Article II. Description of the Area

    The Thunder Bay National Marine Sanctuary and Underwater Preserve 
consists of an area of approximately (4,300) [448] square miles of 
waters of Lake Huron and the submerged lands thereunder, over, around, 
and under the underwater cultural resources in Thunder Bay. (The 
boundaries form a polygon by extending along the ordinary high water 
mark of the Michigan shoreline from approximately the northern and 
southern boundaries of Presque Isle and Alcona counties, respectively, 
cutting across the mouths of rivers and streams, and lakeward from 
those points along latitude lines to the U.S./Canada international 
boundary. A more detailed description of the boundary and a list of 
coordinates are set forth in the regulations for the sanctuary at 15 
CFR part 922 subpart R.) [The boundary forms an approximately 
rectangular area by extending along the ordinary high water mark of the 
Michigan shoreline from the northern and southern boundaries of Alpena 
County, cutting across the mouths of rivers and streams, and lakeward 
from those points along latitude lines to longitude 83 degrees west. 
The coordinates of the boundary are set forth in Appendix A to the 
regulations.]

Article III. Characteristics of the Area That Give It Particular Value

    Thunder Bay and its surrounding waters contain approximately (92 
known) [116] (historic) shipwrecks spanning more than a century of 
Great Lakes maritime history. (Archival research indicates that as many 
as 100 additional historic shipwrecks are yet to be found.) Virtually 
every type of vessel used on open Great Lakes waters has been 
documented in the Thunder Bay region, linking Thunder Bay inextricably 
to Great Lakes commerce. Most of the Great Lakes trades had a national, 
and sometimes an international, significance, and resulted in uniquely-
designed vessels. Although not all of Thunder Bay's shipwrecks have 
been identified, studies undertaken to date indicate strong evidence of 
the [Bay's] (region's) national historic significance. The sunken 
vessels reflect transitions in ship architecture and construction 
methods, from wooden sailboats to early iron-hulled steamers.
    (We draw s) [S]everal major conclusions regarding Thunder Bay's 
shipwrecks [may be drawn] from research and analysis undertaken to 
date: they are representative of the composition of the Great Lakes 
merchant marine from 1840 to 1970; they provide information on the 
various phases of American westward expansion; they provide information 
on the growth of American extraction and use of natural resources; they 
illustrate various phases of American industrialization; one shipwreck 
(Isaac M. Scott) may be used to study and interpret a specific event 
(the Great Storm of 1913) that had strong repercussions regionally, 
nationally, and internationally; and they provide interpretive material 
for understanding American foreign intercontinental trade within the 
Great Lakes. (In addition to the submerged resources described above, 
there are other aspects of the region's maritime cultural landscape. A 
cultural landscape is a geographic area including both cultural and 
natural resources, coastal environments, human communities, and related 
scenery that is associated with historic events, activities or persons, 
or exhibits other cultural or aesthetic values. The Thunder Bay region 
is comprised of many shoreline features such as beached shipwrecks, 
lighthouses, aids to navigation, abandoned docks, working waterfronts 
and Native American sites. Also important are the intangible elements 
such as spiritual places and legends.) Thunder Bay was established as 
the first State of Michigan Underwater Preserve in 1981 to protect 
underwater cultural resources. Increasing public interest in underwater 
cultural resources underscores the importance of continued efforts to 
discover, explore, document, study and to provide long-term, 
comprehensive protection for the Bay's shipwrecks and other underwater 
cultural resources.

Article V. Effect on Other Regulations, Leases, Permits, Licenses, and 
Rights

    Section 2. Other. If any valid regulation issued by any Federal, 
State, or local authority of competent jurisdiction, regardless of when 
issued, conflicts with a Sanctuary regulation, the regulation deemed by 
the Director, Office of (National Marine Sanctuaries) [Ocean and 
Coastal Resource Management], National Oceanic and Atmospheric 
Administration, or his or her designee, in consultation with the State 
of Michigan, to be more protective of Sanctuary resources shall govern. 
Pursuant to Section 304(c)(1) of this Act, 16 U.S.C. 1434(c)(1), no 
valid lease, permit, license, approval, or other authorization issued 
by any Federal, State, or local authority of competent jurisdiction, or 
any right of subsistence use or access, may be terminated by the 
Secretary of Commerce, or his or her designee, as a result of this 
designation, or as a result of any Sanctuary regulation, if such lease, 
permit, license, approval, or other authorization, or right of 
subsistence use or access was issued or in existence as of the 
effective date of this designation. However, the Secretary of Commerce, 
or his or her designee, in consultation with the State of Michigan, may 
regulate the exercise of such authorization or right consistent with 
the purposes for which the Sanctuary is designated.

[End of Terms of Designation.]

[[Page 35780]]

IV. Classification

A. National Environmental Policy Act

    NOAA has prepared a draft environmental impact statement to 
evaluate the impacts of this proposed rulemaking. No significant 
adverse impacts to resources and the human environment are expected. 
Rather, long-term beneficial impacts are anticipated if the proposed 
action is implemented. Under NEPA (43 U.S.C. 4321 et seq.), an 
environmental assessment would have sufficed to analyze the impacts of 
this action since NOAA is proposing that no significant impacts are 
likely. However, the NMSA requires NOAA to publish a draft 
environmental impact statement (DEIS) regardless of the intensity of 
the impacts of the proposed action if NOAA is considering changing the 
terms of designation of a sanctuary (16 U.S.C. 1434 (a)(2)). Copies of 
the DEIS are available at the address and Web site listed in the 
ADDRESSES section of this proposed rule.

B. Executive Order 12866: Regulatory Impact

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

C. Executive Order 13132: Federalism Assessment

    NOAA has concluded this regulatory action does not have federalism 
implications sufficient to warrant preparation of a federalism 
assessment under Executive Order 13132.

D. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Concurrent with the development of this proposed rule, NOAA invited 
the Chippewa Ottawa Resource Authority (CORA) to participate in 
government-to-government consultation. CORA gathers representatives 
from the Bay Mills Indian Community, Grand Traverse Band of Ottawa and 
Chippewa Indians, Little River Band of Ottawa Indians, Little Traverse 
Bay Bands of Odawa Indians, Sault Ste. Marie Tribe of Chippewa Indians 
under its mantle. NOAA plans to continue collaboration with the CORA 
and invite each individual tribe to government-to-government 
consultation. Consultation under E.O. 13175 is expected to be completed 
before the publication of the final rule.

E. 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 (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The Regulatory Flexibility Act (5 U.S.C. 601(3)) defines 
``small business'' as having the same meaning as ``small business 
concern'' under the Small Business Act. Pursuant to the Small Business 
Act, a small business concern is one which is independently owned and 
operated and which is not dominant in its field of operation (15 U.S.C. 
632(a)(1)).
    Small business concerns operating within the sanctuary include 
consumptive recreational charter businesses and non-consumptive 
recreational charter businesses. For the area subject to this proposed 
action, these include:
a. Consumptive Recreational Charter Businesses
    A sports and recreation business is considered a ``small'' business 
if it has annual receipts not in excess of $7 million (13 CFR 121.201). 
Three consumptive recreational charter businesses (also known as 
commercial passenger fishing vessels or CPFVs) are active in the TBNMS.
b. Non-Consumptive Recreational Charter Businesses
    Both sports and recreation businesses, and scenic and sightseeing 
transportation businesses are considered ``small'' businesses if they 
have annual receipts not in excess of $7 million (13 CFR 121.201). Over 
six non-consumptive recreational charter businesses take passengers to 
the TBNMS. These businesses primarily support non-consumptive diving, 
snorkeling and sightseeing activities.
    It has been determined that the proposed prohibitions that would 
apply to the area under consideration for expansion would not interfere 
with the operation of existing charter diving and sightseeing small 
businesses because these regulations are compatible with sustainable 
tourism. In fact, protecting the shipwrecks may make them better 
recreational venues. Therefore, there will be no adverse economic 
impact to recreational charter diving and sightseeing small businesses 
operating in the proposed sanctuary expansion area.
    Because NOAA is not proposing any fishing regulations as part of 
this action, there will be no adverse economic impact to recreational 
charter fishing small businesses operating in the proposed sanctuary 
expansion area. Other sanctuary regulations are not expected to affect 
charter fishing small businesses either.
    According to a regional 2005 study on total visitor spending, the 
sanctuary benefits the local economy by partially contributing $92 
million in sales, $35.8 million in personal income to residents, $51.3 
million in value added and 1,704 jobs through increased tourism.
    NOAA works with local officials to recruit new businesses, as well 
as to expand existing operations. Alpena Shipwreck Tours serves as an 
example of a new business recruited by NOAA and local officials. In the 
summer of 2011, Alpena Shipwreck Tours began glass-bottomed boat tours 
in the sanctuary. The company invested $800,000+ in the 65' glass-
bottomed vessel, and has been successful thus far. NOAA has also worked 
with local groups to recruit and promote new outfitters, kayak tours, 
bike rentals, dive shops and charters.
    In addition, the sanctuary's visitor center--Great Lakes Maritime 
Heritage Center--is a major tourist destination for the region, hosting 
approximately 60,000 visitors annually. This is significant because the 
population of the city of Alpena itself is only 11,000 people.
    Because the impacts of this proposed rule on the recreational 
charter fishing businesses and the recreational charter diving business 
would have no impact or actually a beneficial economic impact, the 
Chief Counsel for Regulation certified to the Chief Counsel for 
Advocacy at SBA that this rulemaking would not have a significant 
economic impact on a substantial number of small entities.

F. Paperwork Reduction Act

    This proposed rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) which has been approved by 
the Office of Management and Budget (OMB) under control number 0648-
0141. The public reporting burden for national marine sanctuary general 
permits is estimated to average 1 hour 30 minutes per response, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of information.
    Nationwide, NOAA issues approximately 200 national marine sanctuary 
general permits each year. Of this amount, TBNMS does not typically 
issue any sanctuary general permits. The permitting regulations for 
TBNMS specify that under certain conditions a person may conduct an 
otherwise prohibited activity if it is conducted in accordance with a 
state permit and the State Archaeologist certifies to NOAA

[[Page 35781]]

that the activity will be conducted consistent with the Memorandum of 
Agreement. In the absence of certification from the State Archaeologist 
or if no State permit is required, a person may secure a sanctuary 
general permit directly from NOAA to conduct a prohibited activity if 
the activity is conducted in accordance with a Federal permit. Even 
though this proposed rule may result in a few additional permit 
applications, due to the overall larger area under management, this 
rulemaking would not appreciably change the average annual number of 
respondents on a national level or the reporting burden for this 
information requirement. Therefore, NOAA has determined that the 
proposed regulations do not necessitate a modification to its 
information collection approval by the Office of Management and Budget 
under the Paperwork Reduction Act.
    Comments regarding this burden estimate, or any other aspect of 
this data collection, including suggestions for reducing the burden, 
may be sent to NOAA (see ADDRESSES) and to OMB by email to OIRA_submission@omb.eop.gov or fax to (202) 395-7285. Notwithstanding any 
other provision of law, no person is required to respond to, nor shall 
any person be subject to a penalty for failure to comply with, a 
collection of information subject to the requirements of the PRA, 
unless that collection of information displays a currently valid OMB 
Control Number.

G. National Historic Preservation Act

    The National Historic Preservation Act of 1966 (NHPA; Pub. L. 89-
665; 16 U.S.C. 470 et seq.) is intended to preserve historical and 
archaeological sites in the United States of America. The act created 
the National Register of Historic Places, the list of National Historic 
Landmarks, and the State Historic Preservation Offices. Section 106 of 
the NHPA requires Federal agencies to take into account the effects of 
their undertakings on historic properties, and afford the Advisory 
Council on Historic Preservation (ACHP) a reasonable opportunity to 
comment. The historic preservation review process mandated by Section 
106 is outlined in regulations issued by ACHP (36 CFR part 800). The 
Michigan State Historic Preservation Office, which implements section 
106 of the NHPA, is located in the Michigan State Housing Development 
Authority. NOAA has and continues to consult with the State Historic 
Preservation Officer on matters related to Section 106 of the NHPA. A 
programmatic agreement will be developed if the expansion of the 
sanctuary is finalized and if it is determined to be necessary.

V. Request for Comments

    NOAA requests comments on this proposed rule for 60 days after 
publication of this notice.

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Fishing gear, 
Marine resources, Natural resources, Penalties, Recreation and 
recreation areas, Wildlife.

(Federal Domestic Assistance Catalog Number 11.429 Marine Sanctuary 
Program)


    Dated: June 6, 2013.
Holly A. Bamford,
Assistant Administrator, National Ocean Service National Oceanic and 
Atmospheric Administration.
    Accordingly, for the reasons set forth above, NOAA proposes 
amending part 922, title 15 of the Code of Federal Regulations as 
follows:

PART 922 SUBPART R--THUNDER BAY NATIONAL MARINE SANCTUARY AND 
UNDERWATER PRESERVE

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.  922.190 to read as follows:


Sec.  922.190  Boundary.

    The Thunder Bay National Marine Sanctuary and Underwater Preserve 
(Sanctuary) consists of an area of approximately 4,300 square miles 
(11,137 square kilometers) of waters of Lake Huron and the submerged 
lands thereunder, over, around, and under the underwater cultural 
resources in Thunder Bay. The eastern boundary of the sanctuary begins 
at the intersection of the southern Alcona County boundary and the 
U.S./Canada international boundary (Point 1). The eastern boundary of 
the sactuary follows the international boundary passing through Points 
2-6 until it intersects with the 45[deg]50' N line of latitude at Point 
7. The northern boundary follows the line of latitude 45[deg]50' N 
westward until it intersects the 84[deg]20' W line of longitude at 
Point 8. The western boundary extends south along the 84[deg]20' W line 
of longitude towards Point 9 until it intersects the ordinary high 
water mark at Cordwood Point. From there, the western boundary follows 
the ordinary high water mark as defined by Part 325, Great Lakes 
Submerged Lands, of P.A. 451(1994), as amended, until it intersects the 
southern Alcona County boundary between Point 10 and Point 11. The 
table in Appendix A of this Subpart provides several useful coordinates 
along the boundary of the sanctuary.
0
3. Revise Appendix A to Subpart R of Part 922 to read as follows:

Appendix A to Subpart R of Part 922--Thunder Bay National Marine 
Sanctuary and Underwater Preserve Boundary Coordinates

[Based on North American Datum of 1983]

------------------------------------------------------------------------
                                             Latitude        Longitude
                Point ID                      (north)         (west)
------------------------------------------------------------------------
1.......................................       44.512834      -82.329519
2.......................................       44.858147      -82.408717
3.......................................       45.208484      -82.490596
4.......................................       45.335902       -82.52064
5.......................................       45.771937      -83.483974
6.......................................       45.773944      -83.636867
7.......................................       45.833333      -83.584432
8.......................................       45.833333      -84.333333
9.......................................       45.662858      -84.333333
10......................................       44.511734      -83.320169
11......................................       44.512834      -82.329519
------------------------------------------------------------------------

[FR Doc. 2013-13908 Filed 6-13-13; 8:45 am]
BILLING CODE 3510-NK-P