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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations marine sanctuaries with site-specific regulations that establish procedures for issuing emergency regulations:
1 Cordell Bank National Marine Sanctuary, 922.112e.
2 Florida Keys National Marine Sanctuary, 922.165.
3 Hawaiian Islands Humpback Whale National Marine Sanctuary, 922.185.
4 Thunder Bay National Marine Sanctuary, 922.196.
5 Mallows Bay-Potomac River National Marine Sanctuary, 922.204.
6 Wisconsin Shipwreck Coast National Marine Sanctuary, 922.214.
5. Amend 922.47 by revising paragraph b to read as follows:
922.47 Pre-existing authorizations or rights and certifications of pre-existing authorizations or rights.

b The prohibitions listed in subparts F through P and R through T of this part do not apply to any activity authorized by a valid lease, permit, license, approval or other authorization in existence on the effective date of Sanctuary designation, or in the case of Florida Keys National Marine Sanctuary the effective date of the regulations in subpart P, and issued by any Federal, State or local authority of competent jurisdiction, or by any valid right of subsistence use or access in existence on the effective date of Sanctuary designation, or in the case of Florida Keys National Marine Sanctuary the effective date of the regulations in subpart P, provided that the holder of such authorization or right complies with certification procedures and criteria promulgated at the time of Sanctuary designation, or in the case of Florida Keys National Marine Sanctuary the effective date of the regulations in subpart P, and with any terms and conditions on the exercise of such authorization or right imposed by the Director as a condition of certification as the Director deems necessary to achieve the purposes for which the Sanctuary was designated.
6. Revise 922.48 to read as follows:

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922.48 National Marine Sanctuary permitsapplication procedures and issuance criteria.

a A person may conduct an activity prohibited by subparts F through O and S and T of this part, if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under this section and subparts F
through O and S and T, as appropriate.
For Florida Keys National Marine Sanctuary, a person may conduct an activity prohibited by subpart P of this
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part if conducted in accordance with the scope, purpose, terms and conditions of a permit issued under 922.166. For Thunder Bay National Marine Sanctuary and Underwater Preserve, a person may conduct an activity prohibited by subpart R of this part in accordance with the scope, purpose, terms and conditions of a permit issued under 922.195.
b Applications for permits to conduct activities otherwise prohibited by subparts F through O and S and T of this part, should be addressed to the Director and sent to the address specified in subparts F through O of this part, or subparts R through T of this part, as appropriate. An application must include:
1 A detailed description of the proposed activity including a timetable for completion;
2 The equipment, personnel and methodology to be employed;
3 The qualifications and experience of all personnel;
4 The potential effects of the activity, if any, on Sanctuary resources and qualities; and 5 Copies of all other required licenses, permits, approvals or other authorizations.
c Upon receipt of an application, the Director may request such additional information from the applicant as he or she deems necessary to act on the application and may seek the views of any persons or entity, within or outside the Federal government, and may hold a public hearing, as deemed appropriate.
d The Director, at his or her discretion, may issue a permit, subject to such terms and conditions as he or she deems appropriate, to conduct a prohibited activity, in accordance with the criteria found in subparts F through O of this part, or subparts R through T
of this part, as appropriate. The Director shall further impose, at a minimum, the conditions set forth in the relevant subpart.
e A permit granted pursuant to this section is nontransferable.
f The Director may amend, suspend, or revoke a permit issued pursuant to this section for good cause. The Director may deny a permit application pursuant to this section, in whole or in part, if it is determined that the permittee or applicant has acted in violation of the terms and conditions of a permit or of the regulations set forth in this section or subparts F through O of this part, or subparts R through T of this part or for other good cause. Any such action shall be communicated in writing to the permittee or applicant by certified mail and shall set forth the reasons for the
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action taken. Procedures governing permit sanctions and denials for enforcement reasons are set forth in subpart D of 15 CFR part 904.
7. Revise 922.49 to read as follows:
922.49 Notification and review of applications for leases, licenses, permits, approvals, or other authorizations to conduct a prohibited activity.

a A person may conduct an activity prohibited by subparts L through P of this part, or subparts R through T of this part, if such activity is specifically authorized by any valid Federal, State, or local lease, permit, license, approval, or other authorization issued after the effective date of Sanctuary designation, or in the case of Florida Keys National Marine Sanctuary after the effective date of the regulations in subpart P, provided that:
1 The applicant notifies the Director, in writing, of the application for such authorization and of any application for an amendment, renewal, or extension of such authorization within fifteen 15
days of the date of filing of the application or the effective date of Sanctuary designation, or in the case of Florida Keys National Marine Sanctuary the effective date of the regulations in subpart P, whichever is later;
2 The applicant complies with the other provisions of this section;
3 The Director notifies the applicant and authorizing agency that he or she does not object to issuance of the authorization or amendment, renewal, or extension; and 4 The applicant complies with any terms and conditions the Director deems reasonably necessary to protect Sanctuary resources and qualities.
b Any potential applicant for an authorization described in paragraph a of this section may request the Director to issue a finding as to whether the activity for which an application is intended to be made is prohibited by subparts L through P of this part, or subparts R through T of this part, as appropriate.
c Notification of filings of applications should be sent to the Director, Office of National Marine Sanctuaries at the address specified in subparts L through P of this part, or subparts R through T of this part, as appropriate. A copy of the application must accompany the notification.
d The Director may request additional information from the applicant as he or she deems reasonably necessary to determine whether to object to issuance of an authorization described in paragraph a of this section, or what terms and conditions are reasonably necessary to protect
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