[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35776-35781]
From the Federal Register Online via the Government Publishing 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 [email protected]
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 [email protected] 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