[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Rules and Regulations]               
[Page 5642-5643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



National Oceanic and Atmospheric Administration


Fish and Wildlife Service

50 CFR Part 404

[Docket No. 060824225-6031-02]
RIN 0648-AU82

Northwestern Hawaiian Islands Marine National Monument; 

AGENCIES: National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC); United States Fish and Wildlife Service 
(USFWS), Department of the Interior (DOI).

ACTION: Final rule; correcting amendment.


SUMMARY: NOAA and the USFWS published final regulations for the 
Northwestern Hawaiian Islands Marine National Monument (Monument) on 
August 29, 2006. The preamble and regulatory text of that notice 
contained errors pertaining to the electronic mail address for 
submitting comments on the information collection requirements of that 
rule, the reference to the dimensions of the outer boundary of the 
Monument, and the numbering sequence for one paragraph. This final rule 
corrects those errors. This rule makes no substantive change to the 

DATES: This correction is effective February 7, 2007.

SUPPLEMENTARY INFORMATION: Regulations published by NOAA and the USFWS 
on August 29, 2006 to codify the prohibitions and management measures 
set forth in Presidential Proclamation 8031 (71 FR 36443, June 26, 
2006) establishing the Monument, contained an error in the instructions 
for submitting comments on the information collection requirements of 
the final rule via electronic mail, the reference to the dimensions of 
the Monument's outer boundary, and the numbering sequence for one 
    The first error appeared in the first sentence of the ADDRESSES 
section of the notice. Here the notice incorrectly refers to a 
``proposed rule'' and provides the incorrect e-mail address. That 
sentence should read ``Submit written comments regarding the burden-
hour estimates or other aspects of the information collection 
requirements contained in this final rule by e-mail to Diana Hynek at 
dHynek@doc.gov.'' The incorrect e-mail address also appeared in the 

SUPPLEMENTARY INFORMATION section of the notice in the first column on 
page 51135 below the table. The e-mail address should read 

    The second error is in the third sentence of the first paragraph of 
the SUPPLEMENTARY INFORMATION section of the notice, where dimensions 
for the outer boundary of the Monument were given. The dimensions are 
for the Monument, not the outer boundary. Therefore, this sentence 
should read ``The Monument is approximately 100 nmi wide and extends 
approximately 1200 nmi around coral islands, seamounts, banks, and 
    The regulatory text of that rule also contained an error in the 
numbering sequence for one paragraph. Paragraph 404.11(f)(1)(ii) should 
have been designated as paragraph 404.11(f)(1)(i)(A). Paragraphs 
404.11(f)(1)(ii)(A) and (B) and paragraph 404.11(f)(1)(iii) should have 
been numbered paragraphs 404.11(f)(1)(i)(B) through (D), respectively. 
Paragraph 404.11(f)(1)(iv) should have been designated as paragraph 
404.11(f)(1)(ii). This final rule makes these corrections. The 
substance of the regulations remains unchanged.


Administrative Procedure Act

    The Secretaries find good cause to waive notice and comment on this 
correction, pursuant to 5 U.S.C. 533(b)(B), and the 30-day delay in 
effective date pursuant to 5 U.S.C. 553(d). Notice and comment are 
unnecessary because this correction is a minor, technical change in an 
e-mail address and the numbering of the regulations as well as 
elimination of erroneous references to the notice as a proposed rule 
and the dimensions of the Monument's outer boundary. The substance of 
the regulations remains unchanged. Therefore, this correction is being 
published as a final regulation and is effective February 7, 2007.

E.O. 12866

    This rule has been determined to be not significant for purposes of 
E.O. 12866.

List of Subjects in 50 CFR Part 404

    Administrative practice and procedure, Coastal zone, Fish, 
Fisheries, Historic preservation, Intergovernmental relations, Marine 
resources, Monuments and memorials, Natural resources, Reporting and 
recordkeeping requirements, Wildlife, Wildlife refuges.

[[Page 5643]]

    Dated: November 16, 2006.
Conrad C. Lautenbacher Jr.,
Undersecretary of Commerce for Oceans and Atmosphere.
    Dated: January 5, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.

Accordingly, NOAA and USFWS correct 50 CFR part 404 as follows:


1. The authority citation for 50 CFR part 404 continues to read as 

    Authority: 16 U.S.C. 431 et seq.; 16 U.S.C. 460k-3; 16 U.S.C. 
1801 et seq.; 16 U.S.C. 742f; 16 U.S.C. 742l; and 16 U.S.C. 668dd-
ee; 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.; Pub. L. No. 106-
513, Sec.  6(g) (2000).

2. In Sec.  404.11, paragraph (f)(1) is revised to read as follows:

Sec.  404.11  Permitting procedures and criteria.

* * * * *
    (f) Additional findings, criteria, and requirements for special 
ocean use permits.
    (1) In addition to the findings listed in paragraph (d) of this 
section, the following requirements apply to the issuance of a permit 
for a special ocean use under paragraph (c)(5) of this section:
    (i) Any permit for a special ocean use issued under this section:
    (A) Shall authorize the conduct of an activity only if that 
activity is compatible with the purposes for which the Monument is 
designated and with protection of Monument resources;
    (B) Shall not authorize the conduct of any activity for a period of 
more than 5 years unless renewed;
    (C) Shall require that activities carried out under the permit be 
conducted in a manner that does not destroy, cause the loss of, or 
injure Monument resources; and
    (D) Shall require the permittee to purchase and maintain 
comprehensive general liability insurance, or post an equivalent bond, 
against claims arising out of activities conducted under the permit and 
to agree to hold the United States harmless against such claims;
    (ii) Each person issued a permit for a special ocean use under this 
section shall submit an annual report to the Secretaries not later than 
December 31 of each year which describes activities conducted under 
that permit and revenues derived from such activities during the year.
* * * * *
[FR Doc. 07-545 Filed 2-6-07; 8:45 am]