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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations
no adverse effect to one or more historic properties located within the project Area of Potential Effect.

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7. Regulatory Flexibility Act This analysis seeks to fulfill the requirements of Executive Order 12866
and the Regulatory Flexibility Act.
Small businesses that could potentially be impacted from the proposed prohibition on damaging a sanctuary resource include commercial fishing, recreational fishing and diving, scenic and sightseeing industries. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration SBA at the proposed rule stage that this rule would not have a significant impact on a substantial number of small entities.
Although NOAA has made a few changes to the regulations from the proposed rule to the final rule, none of the changes alter the initial determination that this rule will not have an impact on small businesses included in the original analysis. NOAA
also did not receive any comments on the certification or conclusions.
Therefore, the determination that this rule will not have a significant economic impact on a substantial number of small entities remains unchanged. As a result, a final regulatory flexibility analysis is not required and has not been prepared.
8. Paperwork Reduction Act ONMS has a valid Office of Management and Budget OMB control number 06480141 for the collection of public information related to the processing of ONMS permits across the National Marine Sanctuary System.
NOAAs designation of WSCNMS
would likely result in an increase in the number of requests for ONMS general permits, special use permits, certifications, and authorizations because this action proposes to add general permits and special use permits, certifications, appeals, and the authority to authorize other valid federal, state, or local leases, permits, licenses, approvals, or other authorizations. An increase in the number of ONMS permit requests would require a change to the reporting burden certified for OMB
control number 06480141. An update to this control number for the processing of ONMS permits will be requested as part of the renewal package for 06480141.
Nationwide, NOAA issues approximately 500 national marine sanctuary permits each year. WSCNMS
is expected to issue an additional 4 to 5 permit requests per year. The public
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reporting burden for national marine sanctuaries permits is estimated to average 1.5 hours 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.
Comments on this determination were solicited in the proposed rule but no public comments were received.
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 Paperwork Reduction Act, unless that collection of information displays a currently valid OMB control number.
9. Sunken Military Craft Act The Sunken Military Craft Act of 2004
SMCA; Pub. L. 108375, Title XIV, sections 1401 to 1408; 10 U.S.C. 113
note preserves and protects from unauthorized disturbance all sunken military craft that are owned by the United States government, as well as foreign sunken military craft that lie within United States waters, as defined in the SMCA, and other vessels owned or operated by a government on military non-commercial service when it sank.
Thousands of U.S. sunken military craft lie in waters around the world, many accessible to looters, treasure hunters, and others who may cause damage to them. These craft, and their associated contents, represent a collection of nonrenewable and significant historical resources that often serve as war graves, carry unexploded ordnance, and contain oil and other hazardous materials. By protecting sunken military craft, the SMCA helps reduce the potential for irreversible harm to these nationally important historical and cultural resources. Regulations regarding permits for activities directed at sunken military craft under the jurisdiction of the Department of Navy can be found at 32
CFR part 767.
List of Subjects in 15 CFR Part 922
Administrative practice and procedure, Coastal zone, Historic preservation, Intergovernmental relations, Marine resources, Natural resources, Penalties, Recreation and recreation areas, Reporting and recordkeeping requirements, Wildlife.
Nicole LeBoeuf, Acting Assistant Administrator for Ocean Services and Coastal Zone Management.

Accordingly, for the reasons discussed in the preamble, the National Oceanic and Atmospheric
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Administration amends 15 CFR part 922
as follows:
PART 922NATIONAL MARINE
SANCTUARY PROGRAM
REGULATIONS
1. The authority citation for 15 CFR
part 922 continues to read as follows:

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

2. Revise 922.1 to read as follows:

922.1

Applicability of regulations.

Unless noted otherwise, the regulations in subparts A, D, and E of this part apply to all National Marine Sanctuaries and related site-specific regulations set forth in this part.
Subparts B and C of this part apply to the sanctuary nomination process and to the designation of future Sanctuaries.
3. Amend 922.3 by revising the definition of Sanctuary resource to read as follows:
922.3

Definitions.

Sanctuary resource means any living or non-living resource of a National Marine Sanctuary that contributes to the conservation, recreational, ecological, historical, research, educational, or aesthetic value of the Sanctuary, including, but not limited to, the substratum of the area of the Sanctuary, other submerged features and the surrounding seabed, carbonate rock, corals and other bottom formations, coralline algae and other marine plants and algae, marine invertebrates, brineseep biota, phytoplankton, zooplankton, fish, seabirds, sea turtles and other marine reptiles, marine mammals and historical resources. For Thunder Bay National Marine Sanctuary and Underwater Preserve, Sanctuary resource means an underwater cultural resource as defined at 922.191. For Mallows Bay-Potomac River National Marine Sanctuary, Sanctuary resource is defined at 922.201a. For Wisconsin Shipwreck Coast National Marine Sanctuary, sanctuary resource is defined at 922.211.

4. Revise 922.44 to read as follows:
922.44

Emergency regulations.

a Where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource or quality, or minimize the imminent risk of such destruction, loss, or injury, any and all such activities are subject to immediate temporary regulation, including prohibition.
b The provisions of this section do not apply to the following national
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