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DEPARTMENT OF COMMERCE I. Introduction action, FGBNMS is being expanded to a total of 160.4 square miles, with the 1. Flower Garden Banks National National Oceanic and Atmospheric existing regulations applying to the Marine Sanctuary Administration expansion area. Located in the northwestern Gulf of 15 CFR Part 922 Mexico, 70 to 115 nautical miles (130 to 2. Need for Action 213 kilometers) off the coasts of Texas The NMSA authorizes the Secretary of [Docket No. 210107–0004] and Louisiana, FGBNMS encompasses Commerce (Secretary) to designate and approximately 56 square miles and protect, as national marine sanctuaries, includes three separate undersea RIN 0648–BA21 areas of the marine environment that are features: East Flower Garden Bank, West of special national significance due to Expansion of Flower Garden Banks Flower Garden Bank, and Stetson Bank. their conservation, recreational, National Marine Sanctuary The banks range in depth from 55 feet ecological, historical, scientific, (17 meters) to nearly 500 feet (152 cultural, archeological, educational, or AGENCY: Office of National Marine meters), and are geological formations aesthetic qualities. Day-to-day Sanctuaries (ONMS), National Ocean created by the movement of ancient salt management of national marine Service (NOS), National Oceanic and deposits pushed up through overlying sanctuaries is delegated by the Secretary Atmospheric Administration (NOAA), sedimentary layers. to ONMS. The primary objective of the The banks provide a wide range of Department of Commerce (DOC). NMSA is to protect nationally habitat conditions that support several significant marine resources, including ACTION: Final rule. distinct biological communities, biological features such as coral reefs, including the northernmost coral reefs SUMMARY: The National Oceanic and and cultural resources, such as historic in the continental United States and Atmospheric Administration (NOAA) shipwrecks and archaeological sites. mesophotic coral habitats. These and issues final regulations to implement The mission of FGBNMS is to identify, similar formations throughout the the expansion of the boundaries of protect, conserve, and enhance the northwestern Gulf of Mexico provide Flower Garden Banks National Marine natural and cultural resources, values, the foundation for essential habitat for Sanctuary (FGBNMS or sanctuary) and and qualities of the sanctuary and its numerous marine species, including a revise the sanctuary’s terms of regional environment for this and future variety of fish species of commercial designation. The purpose of this action generations. and recreational importance, and is to expand the sanctuary to include several endangered or threatened This action responds to the need to portions of 14 additional reefs and species, including sea turtles and provide comprehensive and coordinated banks in the northwestern Gulf of mobula rays. The combination of management of, and additional Mexico, representing approximately a location and geology makes the regulatory protection for, sensitive 104 square mile increase in area. With sanctuary an extremely productive and underwater features and marine habitats this action, the existing FGBNMS diverse ecosystem. associated with continental shelf-edge regulations will apply to the expanded NOAA issued a final rule to reefs and banks in the northwestern locations. implement the designation of FGBNMS Gulf of Mexico. The current DATES: Effective Date: Pursuant to on December 5, 1991 (56 FR 63634). jurisdictional regime divides authority section 304(b) of the National Marine Congress subsequently passed a law among several governmental entities Sanctuaries Act (NMSA) (16 U.S.C. recognizing the designation on January that regulate offshore energy exploration 1434(b)), the designation and 17, 1992 (Pub. L. 102–251, Title I, Sec. (Bureau of Ocean Energy Management regulations shall take effect and become 101). At that time, the sanctuary (BOEM)), fishing (Gulf of Mexico final after the close of a review period consisted of two areas known as East Fishery Management Council of forty-five days of continuous session and West Flower Garden Banks (56 FR (GMFMC)), and water quality of Congress, beginning on the date on 63634). Among other things, FGBNMS (Environmental Protection Agency which this document is published. The regulated a narrow range of activities, (EPA)), but does not provide public can track the days of established permit and certification comprehensive and effective Congressional session at https:// procedures, and exempted certain U.S. management for the full range of www.congress.gov/days-in-session. After Department of Defense (DOD) activities activities that impact the sensitive reefs the close of the forty-five days of from the sanctuary’s prohibitions (56 FR and banks in the region. For example, continuous session of Congress, NOAA 63634). Those regulations became BOEM has established No Activity will publish a document announcing effective on January 18, 1994 (58 FR Zones (NAZs) that prohibit anchoring the effective date of the final regulations 65664). In 1996, Congress added Stetson only by vessels engaged in development in the Federal Register. Bank to the sanctuary (Pub. L. 104–283). activities and platform services specific to a particular lease, while anchoring by ADDRESSES: Copies of the Final The boundaries of Stetson Bank and Environmental Impact Statement (FEIS) West Flower Garden Bank were later other vessels remains unregulated. described in this rule and the record of amended to improve administrative Further, these anchoring regulations in decision (ROD) are available at https:// efficiencies and increase the precision the NAZs apply only on a lease-by-lease flowergarden.noaa.gov/management/ of all boundary coordinates based on basis. Other vessel ground tackle sanctuaryexpansion.html. new positioning technology (65 FR (including anchors, chains, and cables) 81175, Dec. 22, 2000). FGBNMS and marine salvage activities were FOR FURTHER INFORMATION CONTACT: regulations can be found at 15 CFR part unregulated and have caused significant George P. Schmahl, Superintendent, 922, subpart L, and the sanctuary injury to sensitive biological Flower Garden Banks National Marine management plan may be found on the communities. Sanctuary designation Sanctuary, 4700 Avenue U, Building FGBNMS website.1 As a result of this will allow for additional protection of 216, Galveston, Texas 77551, at 409– these reefs and banks from other 356–0383, or [email protected]. 1 https://flowergarden.noaa.gov/management/ bottom-disturbing activities, which are SUPPLEMENTARY INFORMATION: 2012mgmtplan.html. otherwise unregulated at this time.

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The sanctuary expansion areas are extent compatible with the primary In 2007, the FGBNMS Advisory recognized as hotspots of marine objective of resource protection, all Council, using information developed biodiversity that provide vital habitat public and private uses of the resources by its Boundary Expansion Working for many important species in the Gulf of these marine areas,’’ FGBNMS can Group (BEWG), recommended a range of of Mexico region. They are home to the further resource protection while sanctuary boundary expansion most significant examples of coral and balancing multiple uses. This action alternatives. Based on this input, and algal reefs, mesophotic and deepwater will expand FGBNMS by incorporating information obtained through a coral communities, and other biological portions of selected reefs and banks in subsequent public process, NOAA assemblages in the Gulf of Mexico. the northwestern Gulf of Mexico. In prepared a revised management plan (77 Furthermore, these areas provide doing so, this action will provide FR 25060, April 27, 2012) that important habitat for vulnerable species management of and protection for contained six action plans, including such as mobula rays, sea turtles, and nationally significant areas with one that specifically addressed whale sharks, while serving as nurseries biological, ecological, and/or structural sanctuary expansion. The Sanctuary for numerous fish species of commercial links to the existing sanctuary, Expansion Action Plan outlined a and recreational importance. As such, including vulnerable mesophotic and strategy to expand the protected areas to most of these areas have also been deep benthic habitat sites, while include additional reefs and banks in identified as nationally significant providing important opportunities for the northwestern Gulf of Mexico, and to through their designation as Habitat research and recovery of resources from develop a Draft Environmental Impact Areas of Particular Concern (HAPC) by observed impacts. These areas contain Statement (DEIS) to evaluate the GMFMC and as NAZs by BOEM. the most significant examples of appropriate expansion alternatives. The These habitats are vulnerable to a mesophotic coral communities in the recommended expansion alternative, as variety of known and potential impacts, United States, including some of the identified by the FGBNMS Advisory including large vessel anchoring, marine highest known densities (colonies per Council in 2007, was included in the salvage operations, fishing techniques square meter) and species richness of Sanctuary Expansion Action Plan. This that may injure benthic habitat (e.g., mesophotic corals (Cairns et al. 2017). recommendation included nine trawling, bottom-tending gear), and In addition, and as noted above, many additional reefs and banks, certain oil and gas exploration and banks in the expansion area have also encompassing approximately 281 square development activities. These impacts been recognized by BOEM and GMFMC miles. will more effectively be addressed as nationally significant and designated 2. Boundary Expansion Notice of Intent within the expanded areas through the as HAPCs and NAZs. On February 3, 2015, NOAA comprehensive habitat conservation and published a Notice of Intent (NOI) to management authorities under the II. History of the FGBNMS Expansion prepare a DEIS for expanding FGBNMS NMSA. The protection of these Process boundaries (80 FR 5699). The NOI ecologically significant sites would 1. Management Plan Review solicited public input on the range and increase the resilience of marine significance of issues related to ecosystems and enhance the NOAA is required by NMSA Section sanctuary expansion, including sustainability of the region’s thriving 304(e) to periodically review sanctuary management plans to ensure that potential boundary configurations, recreation, tourism, and commercial resources to be protected, other issues economies. Ultimately, expanding sanctuary management continues to effectively conserve, protect, and NOAA should consider, and any FGBNMS will help ensure that valuable information that should be included in enhance the nationally significant living marine resources remain available for the resource analysis. The public and cultural resources at each site. the use and enjoyment of future scoping period was open through April Management plans generally outline generations of Americans. 6, 2015, during which time ONMS held regulatory goals, describe boundaries, This sanctuary expansion is the three public hearings and interested identify staffing and budgetary needs, outcome of decades of scientific parties submitted both written and oral and set priorities and performance research and growing public recognition comments. of the need for coordinated protection of measures for resource protection, NOAA received approximately 200 significant offshore marine places in the research, and education programs. comments during the scoping period. northwestern Gulf of Mexico region. Management plans also guide the Most commenters were strongly Protecting additional habitat in the development of future management supportive of the concept of sanctuary northwestern Gulf of Mexico emerged as activities. expansion. In addition to broad general one of the highest priorities identified The FGBNMS management plan support, some comments expressed during a vigorous public review process review process began in 2006 with a conditional support while raising user of FGBNMS management issues. series of scoping meetings to obtain concerns primarily relating to the Subsequently, ‘‘Sanctuary Expansion’’ information about the public’s interests potential impact of sanctuary expansion was incorporated as a discrete action and priorities for FGBNMS management on the offshore oil and gas industry and plan in the 2012 revision of the (71 FR 52757; September 7, 2006). historic fishing practices. Other sanctuary’s management plan. The Subsequently, NOAA worked with the commenters recommended that NOAA region is utilized for a variety of FGBNMS Advisory Council to prioritize consider a broader geographical area recreational, commercial, and industrial issues and develop appropriate than the Sanctuary Expansion Action purposes, and there are ongoing impacts management strategies and activities for Plan identified, especially in light of the from bottom-disturbing activities, such the preparation of a draft revised 2010 BP/Deepwater Horizon oil spill as large vessel anchoring and marine management plan. Protecting additional and new information that became salvage, on the sensitive biological nationally significant habitat in the available since the 2007 FGBNMS resources and geological features northwestern Gulf of Mexico emerged as Advisory Council recommendation. associated with many reefs and banks in one of the highest priority issues for the This information was considered during the area. Therefore, pursuant to the sanctuary during the FGBNMS the development of the expansion NMSA’s purpose to ‘‘facilitate to the management plan review process. alternatives in the DEIS.

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3. Draft Environmental Impact the DEIS are available at the 5. The Proposed Rule Statement Regulations.gov website.3 NOAA’s On May 1, 2020, NOAA published a In accordance with the National response to the public comments are set proposed rule which would expand the Environmental Policy Act (NEPA, 42 forth in Appendix A of the FEIS, which boundaries of FGBNMS from U.S.C. 4321 et seq.) and the NMSA (16 was made available to the public on approximately 56 square miles to 160 U.S.C. 1434), NOAA prepared and December 11, 2020 (85 FR 80093). square miles (85 FR 25359 May 1, 2020). released a DEIS (81 FR 37576, June 10, This action would add 14 banks, for a 4. NOAA’s Revised Preferred Alternative 2016). The DEIS considered alternatives total of 17 banks, represented in 19 and Supplemental Information Report for the proposed expansion of polygons (including 3 banks with multi- boundaries at FGBNMS and application In response to concerns raised polygons), and apply the existing of the existing sanctuary regulations and primarily by the oil and gas industry sanctuary regulations and management management actions to the expanded regarding the potential impacts to plan to the expanded sanctuary area. The DEIS evaluated the offshore energy operations arising from boundaries. Under the existing environmental consequences of the the Preferred Alternative presented in sanctuary regulations, only alternatives and provided an in-depth the 2016 DEIS, the FGBNMS Advisory conventional hook and line gear would resource assessment. The action Council (Advisory Council) established be permissible in the expanded alternatives in the DEIS would expand a new BEWG to review NOAA’s sanctuary boundaries. the network of protected areas within NOAA solicited public comment on expansion proposal and make a FGBNMS by incorporating selected the proposed rule from May 1, 2020 to recommendation. Between July 2016 reefs, banks, and other features July 3, 2020, including specifically on and May 2018, the BEWG met 21 times, throughout the north central Gulf of whether to provide exemptions for Mexico. and considered a variety of topics, spearfishing and pelagic longline in the The DEIS evaluated five alternatives, including a range of boundary and expanded area. NOAA accepted ranging from ‘‘no action’’ (maintaining regulatory issues. The BEWG comments in the form of letters and the current boundaries) to one that recommended revised FGBNMS written comments through electronic included a total of 45 discrete boundary expansion boundaries that tracked the submissions to http://regulations.gov, units and encompassed approximately BOEM-designated NAZs. NAZs are letters submitted by mail, and public 935 square miles. The action discussed areas within which no operations, hearings. As a result of the Coronavirus in this rulemaking falls within the anchoring, or structures are allowed for global pandemic and restrictions on bounds of the DEIS alternatives as oil and gas operations. The NAZs were public gatherings, three virtual public discussed below in part II, section 5 of developed in the 1970–1980’s to protect hearings were held via Gotowebinar®. this final rule and in the supplemental the shallowest portion of the reefs and NOAA received 485 separate information report which is available at banks. Based primarily on the May 2018 comments, including four letter the FGBNMS website.2 NOAA’s FGBNMS Advisory Council campaigns and four petitions, each with preferred alternative in the 2016 DEIS recommendation, along with input multiple signatories, for a total of 36,111 (Alternative 3) sought to expand the received from public comments and comments. All written public comments existing sanctuary from approximately consultation with the GMFMC and on the proposed expansion are available 56 square miles to approximately 383 various Federal agencies, NOAA revised on the Regulations.gov website.5 square miles, including additional the preferred alternative. NOAA’s responses to the public important and sensitive marine habitat In the revised preferred alternative, comments are available in Appendix A areas in the northwestern Gulf of NOAA reduced the size of the of the FEIS, and in section IV of this Mexico. This alternative would have expansion areas proposed in the 2016 final rule. applied the existing sanctuary regulations and management actions to DEIS preferred alternative to promote III. Summary of Final Regulations the expanded area. The 2016 preferred compatibility with users and reduce With this final rule, NOAA is revising alternative included 15 reefs and banks potential economic impacts to the the FGBNMS regulations at 15 CFR part (in addition to those contained within offshore energy and fishing industries. 922, subpart L, as follows. the existing 3 sanctuary units) On March 22, 2019, NOAA evaluated 1. Sanctuary Boundary Expansion encompassed within 11 discrete changes to the 2016 DEIS preferred boundary polygons, including multi- alternative in a Supplemental NOAA is amending the sanctuary bank complexes. No significant adverse Information Report (SIR). Through this boundary descriptions at 15 CFR part impacts to the human environment were review, NOAA determined that 922, subpart L, and the terms of identified under any alternative preparing a supplement to the 2016 designation in order to expand the considered in the DEIS. DEIS is neither required nor necessary boundaries of FGBNMS to include In June 2016, NOAA opened a public under NEPA. The SIR is available on the portions of 14 additional reefs and comment period on the DEIS for sixty- FGBNMS website.4 Pursuant to banks in the sanctuary, adding nine (69) days, which closed on August applicable Council on Environmental approximately 104 square miles, 19, 2016. During this public comment Quality (CEQ) guidance, NOAA’s bringing the total area to 160.4 square period, NOAA also held five (5) in rationale for the revised preferred miles and encompassing 17 banks. The person public hearings in Galveston, alternative is now presented as NOAA’s boundary changes were selected TX; Houston, TX; New Orleans, LA; Final Preferred Alternative in the FEIS through a public process to identify and Lafayette, LA; and Mobile, AL. NOAA and part II, section 7 of this final rule assess marine areas that could more received 1,421 separate comments, and the ROD. effectively complement current including three letter campaigns and management authorities or enhance one petition, each with multiple 3 https://www.regulations.gov/docket?D=NOAA- natural and cultural resource values. signatories. All written comments on NOS-2016-0059. 4 https://nmsflowergarden.blob.core.windows.net/ 5 https://www.regulations.gov/ 2 https://flowergarden.noaa.gov/management/ flowergarden-prod/media/archive/doc/expansion/ docketBrowser?rpp=25&so=DESC&sb=comment expansionnpr.html. deissupplementalinforeport.pdf. DueDate&po=0&D=NOAA-NOS-2019-0033.

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Collectively, these new areas capture a 3. Department of Defense Activities not to provide exemptions for greater diversity of habitats and NOAA’s decision to amend the spearfishing or pelagic longline fishing biological resources than currently effective date in § 922.122(e) addresses are addressed below in section IV. protected by FGBNMS. Inclusion of concerns raised by the Department of Responses to Comments. these areas within the sanctuary system the Navy (DON) during coordination in IV. Response to Comments will provide additional regulatory development of this final rule. In the protection, additional management final rule, NOAA clarifies that the NOAA received 1,421 individual actions and initiatives, and improved prohibitions in § 922.122(a)(2) through (8,491 campaigns and petitions) public public awareness of their natural (11) do not apply to the activities being comments on the DEIS and 485 resource values. Detailed maps of these carried out by the Department of individual (36,111 including campaigns boundary changes are available on the and petitions) public comments on the 6 Defense as of the date of sanctuary FGBNMS website. expansion. proposed rule. The majority of Under this action, NOAA is comments expressed general support for 4. Terms of Designation expanding the boundaries of the sanctuary expansion, others expressed sanctuary by 104.2 square miles from Section 304(a)(4) of the NMSA concerns about the reduced size of the 56.2 square miles to 160.4 square miles requires that the terms of designation boundaries, and few comments were as follows: include the geographic area of the received opposing the expansion of a. Stetson Bank—increase of area by 0.6 sanctuary; the characteristics of the area FGBNMS. Of the comments received square miles from 0.8 square miles that give it conservation, recreational, during this action, approximately one to 1.4 square miles ecological, historical, research, third supported the revised preferred b. West Flower Garden Bank—increase educational, or aesthetic value; and the alternative in the proposed rule (which of area by 7.22 square miles from types of activities that will be subject to is identified as NOAA’s Final Preferred 29.94 square miles to 37.16 square regulation by the Secretary of Commerce Alternative in the FEIS). Public miles to protect these characteristics. Section comments identified specific geographic c. East Flower Garden Bank—increase of 304(a)(4) also specifies that the terms of locations of concern that were not area by 2.4 square miles from 25.4 designation may be modified only by included in the revised preferred square miles to 27.8 square miles the same procedures by which the alternative. Comments raised concerns d. Horseshoe Bank—28.7 square miles original designation was made. about boundary enforcement, essential e. MacNeil Bank—2.7 square miles The terms of designation for FGBNMS fish habitat, preservation of biodiversity, was first published in 1991 (56 FR f. Rankin/28 Fathom Banks—5.6 square connectivity between bank areas, 63637), and became effective in 1994 miles mesophotic/deepwater coral (58 FR 65664). The terms of designation ecosystems, mobula rays, whale sharks, g. Bright Bank—7.7 square miles were not incorporated into the Code of h. Geyer Bank—11.5 square miles sea turtles, sharks, marine mammals, Federal Regulations, and, whenever and commercial and recreationally i. Elvers Bank—4.6 square miles there was a proposed regulatory change, important fish. Many of the comments j. McGrail Bank—4.7 square miles NOAA and the general public had to supportive of the proposed expansion k. Sonnier Bank—3.1 square miles refer to the preamble of the 1991 final referred to industrial, environmental, l. Bouma Bank—7.7 square miles rule to understand the nature and scope and global impacts. m. Rezak Bank—3.7 square miles of the terms of designation. With this In response to NOAA’s request for n. Sidner Bank—2.0 square miles final rule, NOAA is making the terms of designation more readily available to public comment on fishery exemptions o. Alderdice Bank—5.0 square miles for pelagic longline fishing and p. Parker Bank—7.0 square miles the general public by amending the FGBNMS regulations at 15 CFR part spearfishing with sanctuary expansion, 2. Apply the Existing Sanctuary 922, subpart L, to incorporate the terms 25,641 comments opposed an Regulations and Management Action to of designation as a new appendix B to exemption for pelagic longline fishing, the Expanded Area the FGBNMS regulations. NOAA is 23,353 opposed an exemption for spearfishing, 2 comments supported NOAA will apply the existing amending Article II. Description of the Area to include Stetson Bank (added by allowing pelagic longline fishing, and 8 sanctuary regulations (including comments indicated conditional regulatory prohibitions set forth in Congress in 1996 pursuant to Pub. L. 104–283) and the additional reefs and support for spearfishing. Conditional § 922.122) and the existing management support for spearfishing included an 7 banks included in this expansion, add a plan to the expanded sanctuary exemption for breath-hold only boundary in order to provide for more new section relating to the U.S. Department of Defense (DoD) spearfishing, establishing an initial comprehensive management and limited capacity fishery that could be protection of sensitive underwater exemption, and revising the ‘‘Consistency with International Law’’ assessed at a reduced number of banks, features and marine habitats associated and an exemption for lionfish only. with continental shelf-edge reefs and section of the terms of designation in order to address comments raised by the NOAA analyzed comments received banks in the northwestern Gulf of during this process and considered Mexico. Accordingly, 15 CFR 922.122(e) U.S. Department of State during interagency consultation. them in preparation of this FEIS, as well will be updated to reflect the effective as developed agency responses. NOAA’s date of the sanctuary expansion, and no 5. No Exemptions for Spearfishing and responses to the public comments are further amendments of the regulatory Pelagic Longline Fishing in the included in Appendix A of the FEIS and text in 15 CFR part 922 are necessary to Expanded Sanctuary in this document (Part IV). implement this action. Based on the public comments NOAA has consolidated public received on the proposed rule, NOAA comments from the DEIS and proposed 6 https://flowergarden.noaa.gov/management/ sanctuaryexpansion.html. has decided not to provide exemptions rule and collectively responds to those 7 https://flowergarden.noaa.gov/management/ for spearfishing or pelagic longline comments here and in Appendix A of 2012mgmtplan.html. fishing. The rationale for the decisions the FEIS.

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General Support and Opposition of Preferred Alternative were too small or DEIS. Refer also to FEIS Chapter 3, Proposed Sanctuary Expansion would exclude some ‘‘topographic Section 3.2 for additional details on the 1. Comment: NOAA received highs’’ and reduce migratory corridors, development of NOAA’s proposed comments that supported the proposed or that NOAA should select a larger action. NOAA submits there were more expansion of the sanctuary and boundary alternative. Additionally, environmentally preferable alternatives encouraged NOAA to proceed with the comments noted the removal of buffer assessed in the DEIS; however, ONMS expansion process. Comments also zones entirely in the Revised Preferred Alternative and that very small areas has identified the Final Preferred supported the Revised Preferred were created at some banks (e.g., Elvers, Alternative as one that, based on strong Alternative (NOAA’s Final Preferred McGrail), which results in fragmented input from the public and the Sanctuary Alternative). connectivity and diminished ecological Advisory Council, provides a significant Response: Comment accepted. NOAA and species function. Comments also environmental benefit, can be managed has considered these comments in stated NOAA’s Preferred Alternative in with current FGBNMS operational carrying the Revised Preferred the DEIS (Alternative 3) excluded 39 capacity, and minimizes negative Alternative forward to the Final nationally significant areas and 9 impact to industry activities. Environmental Impact Statement (FEIS) nationally significant shipwrecks. NOAA has determined the Final and final rule as NOAA’s Final Response: NOAA developed the Final Preferred Alternative remains within the Preferred Alternative. Preferred Alternative in response to range of alternatives and impacts 2. Comment: NOAA received public comments and recommendations analyzed in the 2016 DEIS. Also refer to comments that opposed the overall from the Sanctuary Advisory Council. NOAA’s Supplemental Information sanctuary expansion process citing NOAA’s Final Preferred Alternative was Report and FEIS Chapter 3, Section 3.2 reasons including: (1) Existing based on boundary configurations for additional details on the protections for sensitive resources; (2) developed by the Advisory Council’s development of the Final Preferred concern of restricting use/access to the Boundary Expansion Working Group Alternative. public; (3) safety, budget, and and the Advisory Council’s 2018 4. Comment: NOAA received management limitations; and (4) recommendation. It was also based on comments requesting additional areas socioeconomic consequences to certain research conducted by the Office of and banks to be considered in the industries. National Marine Sanctuaries, proposed expansion process, including: Response: NOAA determined the consultation with other Federal and Coffee Lump, 32 Fathom, Claypile, proposed action responds to the need to state agencies, strong public support Applebaum, 29 Fathom, Fishnet, provide additional protection and and comment during public meetings Phleger, Sweet, and Jakkula Banks, management of sensitive underwater preceding this proposal, and extensive Florida Middle Grounds, Madison/ features and marine habitats associated input from oil and gas, and fishing Swanson, and Alabama Pinnacles, north with continental shelf-edge reefs and interests. The Final Preferred central Gulf of Mexico, Ewing Bank banks in the northwestern Gulf of Alternative further follows the National (whale shark aggregation), Bryant Bank, Mexico. The current jurisdictional Marine Sanctuaries Act’s goal of more of Bright Bank complex, and the regime divides authority among several facilitating, to the extent compatible Deep Water Horizon (Deepwater governmental entities that regulate with the primary objective of resource Horizon) rig/well area. offshore energy exploration (Bureau of protection, all public and private uses of Response: NOAA rejects the requests Ocean and Energy Management the resources. to add these additional banks and areas (BOEM)), fishing (Gulf of Mexico NOAA modified DEIS Alternative 3 to for two primary reasons, (1) there was Fishery Management Council develop the Final Preferred Alternative insufficient data to characterize these (GMFMC)), and water quality under which the boundaries were areas as nationally significant, or (2) (Environmental Protection Agency drawn more tightly around the they were too far from the existing (EPA)). NOAA has determined the shallowest portions of the geological sanctuary. NOAA considered including current jurisdictional regime does not features identified in Alternative 3. The 32 Fathom Bank, Applebaum Bank, provide comprehensive and effective new boundaries closely follow the Coffee Lump Bank, Fishnet Bank, management for the full range of BOEM No Activity Zones, which have Phleger Bank, Sweet Bank, Diaphus activities that impact the sensitive reefs prohibitions on oil and gas exploration Bank, and Sackett Bank but determined and banks in the region. Chapter 2 of the and development, but allow other either insufficient data were available to FEIS and Part I, Section 2 of the bottom-disturbing activities that can adequately characterize the sites or preamble to the final rule describe the cause severe negative impacts to the available data does not indicate purpose and need for this proposed benthic areas. NOAA’s Final Preferred sufficiently unique, diverse, productive, expansion. Extending the sanctuary Alternative expands the sanctuary by or otherwise nationally significant boundary to new reefs and banks in the approximately 104 square miles, to biological communities or geologic northwestern Gulf of Mexico promotes include additional important and features. ecological conservation and sensitive marine habitat areas outside Sites in biogeographic regions other biodiversity, expands sanctuary the current sanctuary boundary, which than the north central Gulf of Mexico management efforts in the region, and will offer additional protection not were also eliminated from further helps to balance multiple uses. provided by BOEM’s current consideration; areas to both the east and regulations. NOAA has determined the west of the area roughly defined by the Boundaries Final Preferred Alternative minimizes 87th and 95th west meridians reflect 3. Comment: NOAA received the impact to offshore energy geologic/sedimentary and hydrologic/ comments that generally supported exploration and production while oceanographic settings, as well as expansion, but opposed the boundaries providing substantial protection to biological communities, that are in the Revised Preferred Alternative sensitive marine habitats of national distinctly different from those of the (NOAA’s Final Preferred Alternative). significance and meeting the expansion north central Gulf of Mexico and are These comments indicated that the objectives as identified in the 2012 faced with distinctly different threats or proposed boundaries of the Revised FGBNMS management plan and 2016 other conservation issues. Features

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eliminated from further consideration how the FGBNMS Advisory Council’s inform operators of their vessel’s based on this distinction include Big recommendations were incorporated position relative to the expanded Dunn Bar, Small Dunn Bar, Blackfish throughout the expansion process. sanctuary boundary. In light of the Ridge, Mysterious Bank, the South Response: The Sanctuary Advisory technological capabilities of onboard Texas Banks (Dream Bank, Southern Council was involved in developing positioning systems, ONMS decided to Bank, Hospital Bank, North Hospital DEIS Alternative 2, reviewing DEIS continue with the boundary Bank, Aransas Bank, Baker Bank, and Alternative 3, and providing configuration of the Final Preferred South Baker Bank), Madison-Swanson, recommendations to modify the Alternative, confident that user the Florida Middle Grounds, and Pulley alternative. Ultimately, NOAAs Final compliance and agency enforcement can Ridge. Bryant Bank and more areas of Preferred Alternative was largely be achieved. the Bright Bank Complex were primarily developed by recommendations Please refer to FEIS Chapter 3, Section excluded from the Final Preferred proposed by the Sanctuary Advisory 3.2 for more details regarding Alternative because of concerns raised Council. Refer to FEIS Chapter 1, development of the Final Preferred from the oil and gas industry. Section 1.5, which provides background Alternative boundaries. Although these additional areas were information on development of the DEIS 10. Comment: NOAA received rejected for consideration in the current alternatives and the process by which comments related to the influence of the FEIS, FGBNMS will consider extending NOAA modified DEIS Alternative 3 to oil and gas industry on the boundary sanctuary protection and management develop the Final Preferred Alternative, configurations of the proposed to these additional biogeographic including information of the Sanctuary expansion of banks and reefs, including regions and habitat types during the Advisory Council’s involvement. See a claim that the FGBNMS Advisory next management plan review. response to comment #3 pertaining to Council’s Boundary Expansion Working For more information on how the the Revised Preferred Alternative. Group was biased (towards the oil and Final Preferred Alternative was 8. Comment: NOAA received gas industry). developed and selected, refer to FEIS comments that requested a buffer Response: The BEWG included Chapter 1, Sections 1.5 and Chapter 3, around reefs to enhance connectivity, Advisory Council members representing Sections 3.1 and 3.2. compliance, and enforcement, as well as multiple stakeholder groups including 5. Comment: NOAA received a to keep out any structure that may act the oil and gas industry, commercial comment that requested the agency as a vector for invasive species spread. and recreational fishing industries, identify areas to redraw boundaries to Response: Buffers were considered recreational diving, science, and reduce impact on fishing (i.e., northern during the FGBNMS Advisory Council’s conservation. The BEWG presented its boundary of MacNeil, northern Boundary Expansion Working Group revised FGBNMS expansion boundaries boundary of Sonnier, and northeast meetings and were rejected due to recommendation to the full FGBNMS boundary of Bouma). potential impacts to the oil and gas and Advisory Council, representing all user Response: NOAA considered this fisheries industries. The 2018 Sanctuary groups, on May 9, 2018, and the request, and following the DEIS, slightly Advisory Council recommendation for recommendation was accepted by the reduced the boundaries at these banks sanctuary expansion did not include Advisory Council and subsequently by to more closely align with BOEM buffers. Refer to FEIS Chapter 1, Section ONMS as proposed. Refer to responses designated NAZs. The decrease in 1.5 for details regarding development of to comments #3 and #7 and FEIS proposed expansion area in the Final the Final Preferred Alternative and Chapter 3, Section 3.2, which details the Preferred Alternative was partly in associated interagency consultations Sanctuary Advisory Council’s BEWG response to requests, such as this, to and coordination. process for developing the Revised reduce impacts to historical fishing 9. Comment: NOAA received Preferred Alternative. activities. Moreover, ONMS has comments suggesting the boundaries Purpose and Need for Proposed completed consultation with the proposed in the Revised Preferred Expansion/Regulations GMFMC pursuant to NMSA section Alternative (NOAA’s Final Preferred 304(a)(5) regarding the boundaries and Alternative) were too complicated for 11. Comment: NOAA received fishing regulations in the Final Preferred enforcement purposes, stating that comments suggesting that the purpose Alternative, and GMFMC concurred simpler boundaries make enforcement and/or need for the proposed expansion with this action. See Appendix G of the easier, which results in better was not warranted, citing several FEIS for more details on the 304(a)(5) compliance of user groups. reasons including: (1) Need for consultation. Response: Along with input for protection was not demonstrated; (2) 6. Comment: NOAA received a NOAA’s Office of Law Enforcement expansion would offer no benefit of comment that requested coordinates for (OLE), ONMS considered this concern protection; (3) government overreach; all proposed alternatives be included. and determined the expansion (4) majority of sites are already Response: NOAA disagrees. NOAA boundaries are enforceable as proposed protected from oil and gas development provided the coordinates of NOAA’s in NOAA’s Final Preferred Alternative. by the existing BOEM’s No Activity Final Preferred Alternative in Appendix The boundaries achieve a polygonal Zones; and (5) proposed expansion H of the FEIS. Additionally, the configuration, which is recommended areas are not nationally significant or coordinates of NOAA’s Final Preferred by the OLE, and closely follow the unique. Alternative are included as appendix A existing BOEM designated NAZ Response: Pursuant to the National to the final rule which will be codified boundaries. This polygonal approach Environmental Policy Act (NEPA), in 15 CFR part 922, subpart L. NOAA uses fewer vertices, simplifying the NOAA has established a strong purpose does not believe inclusion of NAZ boundaries and allowing for and need to expand FGBNMS (See FEIS coordinates for all other alternatives is heightened enforceability and user Chapter 2). Through the management necessary. However, maps of all compliance. plan review and scoping process, NOAA alternatives can be reviewed in FEIS ONMS believes that vessels visiting identified several gaps in management Chapter 3 and Appendix D. the sanctuary are likely to be equipped of reefs and banks near the current 7. Comment: NOAA received with onboard mapping technology (e.g., sanctuary where habitats were comments requesting an explanation of Global Positioning System) that would experiencing damage from anchoring

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and fishing gear in addition to potential enforcement partners to maintain water newer emissions inventory for the for further industrial development. and aerial surveillance, update patrol analysis on air monitoring and NOAA determined that extending guides and regulatory handbooks, and pollutants. sanctuary management to these areas conduct interpretive/outreach patrols Response: NOAA used the best would assist in addressing these gaps in within all of FGBNMS. available data for their environmental protections by supplementing and analysis of air emissions and pollutants Air Quality and Climate Change complementing existing authorities when developing the FEIS. Please refer established by BOEM and the GMFMC. 14. Comment: NOAA received to FEIS Chapter 4, Section 4.2.1 for While BOEM-designated NAZ’s protect comments requesting that NOAA detailed information about the data and from oil and gas development, without evaluate how the sanctuary expansion resources used for air quality and sanctuary management efforts, habitats would affect the climate (i.e., potential climate change. would remain vulnerable to anchor impacts to greenhouse gas emissions 17. Comment: NOAA received a damage, detrimental fishing impacts, within sanctuary expansion areas). comment that suggested the No Action and other threats. Response: NOAA agrees with the Alternative (Alternative 1) does NOAA disagrees with the comment need to evaluate the impacts of contribute to climate change over time that the expansion demonstrates sanctuary expansion on the climate and as it does not prevent climate change government overreach. The NMSA has provided analysis of the potential from progressing, and requested the provides NOAA with the authority to beneficial effects of the expansion on agency amend the analysis in DEIS designate, as marine sanctuaries, areas physical and biological resources, Section 5.3.1. of the marine environment, which are of including beneficial impacts derived Response: Since implementation of special national significance that from prohibiting harmful activities. the No Action Alternative is expected to possess conservation, ecological, and NOAA also estimates that this action leave the existing environment scientific qualities. Through decades of will help offset impacts of climate unchanged except for continuation of scientific research and exploration, change (see FEIS Chapter 5, Section existing impacts, including on-going NOAA has determined that the 5.3.1). impacts of climate change, the effect of sanctuary expansion areas contain some 15. Comment: NOAA received this alternative is the same as described of the highest reported densities of comments requesting an assessment of in Chapter 4. The ‘‘No Action’’ corals in the U.S. and other unique how climate change affects FGBNMS, Alternative served as a baseline for the deepwater habitats that are not found how it will affect proposed additions, impact analysis to compare all other elsewhere in the world, making them and methods to reduce greenhouse gases alternatives. As such, there would be no nationally significant and worthwhile to with sanctuary expansion areas. One additional change to climate expected protect. comment also requested a program-wide under this alternative. The text has been evaluation of climate adaption slightly amended in FEIS Chapter 5, Sanctuary Regulations and Enforcement management gaps and needs. Section 5.2 to offer clarification in 12. Comment: NOAA received Response: The management plan for response to this comment. comments requesting changes to FGBNMS contains Conservation Science Biological Resources existing regulations including: (1) Allow Action Plans, which include goals to anchoring for fishing; (2) a reasonable increase knowledge and understanding 18. Comment: NOAA received range of alternative management of the sanctuary’s ecosystem, develop comments related to biological resource actions; (3) allow spearfishing; and (4) new and continue ongoing research and concerns. Biological comments focused an exemption for pelagic longline monitoring programs to identify and on how sanctuary expansion would fishing. address specific resource management protect resources against damages (e.g., Response: NOAA rejected these issues, and encourage information anchoring, invasive species), the requests because it was determined that exchange, and cooperation. FGBNMS benefits sanctuary protection would granting them would negate the overall participated in development of the provide (e.g., improvements in fish effectiveness of the existing regulations Ocean Acidification Action Plan 8 for stocks and productivity, preservation of in the expansion areas. Current national marine sanctuaries. The plan biodiversity, continued discovery of sanctuary regulations will address gaps has numerous research new species), and requests for in protection of the expansion areas. In recommendations for studying ocean protection of specific species/groups the NPRM for sanctuary expansion, acidification, a common consequence (e.g., Mobula rays, sea turtles, sharks, NOAA requested public comments on expected of future climate change. coral). two fishery exemption requests: to allow Please also visit NOAA’s website 9 for Response: NOAA concurs with the pelagic longlining and spearfishing. program-wide climate change importance of protecting vulnerable NOAA received very limited support for initiatives, data, observations, and biological resources and believes that exempting these activities (see fishing outreach materials. ONMS is standing this action helps to address many of the section below) and has determined that up a Focus Group on climate, with the remaining gaps that threaten biological extension of existing fishing regulations goal to develop the ONMS Climate resources in the expanded sanctuary. to the expansion area is appropriate. Strategic Plan. FGBNMS is an active With this action, NOAA is prohibiting Refer to FEIS Chapter 3, Section 3.1.2 participant in this initiative, and the the following activities in the sanctuary: for alternatives considered but rejected. sanctuary, including the expansion Anchoring; drilling into, dredging, or 13. Comment: NOAA received areas, will be integrated into the overall altering the seabed; discharging or comments that suggested the agency plan. Ocean Acidification, specifically, depositing of material; any injury to should provide enforcement policies to has been integrated into FGBNMS long- coral, rays, or whale sharks; fishing enhance the effectiveness of sanctuary term monitoring programs. except for with conventional hook and expansion. 16. Comment: NOAA received line gear; and take of marine mammals Response: The FGBNMS management recommendations that the agency use and turtles except when permitted plan details the enforcement policy for under the Marine Mammal Protection the expansion areas. NOAA will 8 https://oceanacidification.noaa.gov/Home.aspx. Act (MMPA) and Endangered Species continue to work with Federal and state 9 https://www.noaa.gov/climate. Act (ESA). Collectively, these

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prohibitions will help to protect fishes 21. Comment: NOAA received a consultations to minimize impacts of from unsustainable harvest by limiting comment which indicated that the noise on marine mammals and other fishing; help to maintain biodiversity of BEWG was informed that higher coral species. FGBNMS is actively engaged in benthic habitats by protecting the counts had been observed outside of the a vessel traffic and noise assessment and seafloor; and allow further protection of NAZs, than inside NAZs, and requested monitoring program within the many vulnerable living marine an explanation for why this was not sanctuary, which will be expanded to resources including rays, sea turtles and considered during the boundary the new areas. other ESA and MMPA-listed species. configuration of the Revised Preferred Please refer to FEIS Chapter 4, Section Please also refer to FEIS Chapter 5, Alternative. 4.2.2 for detailed information about the Section 5.3.6 and 5.3.8 for additional Response: Additional areas containing noise environment in the current details regarding impacts of sanctuary higher coral colony counts were FGBNMS, as well as expansion areas. expansion to biological resources. quantified during remotely operated Additionally, refer to FEIS Chapter 5, 19. Comment: NOAA received vehicle (ROV) surveys, and the data was Section 5.3.2 for NOAA’s analysis of comments requesting the sanctuary considered during the National Centers environmental consequences to marine protect resources from negative impacts for Coastal Ocean Sciences (NCCOS) resources with respect to noise of fishing. Commenters noted the collaboration with the FGBNMS disturbances. vulnerability of the expansion area to Advisory Council’s BEWG. The BEWG 24. Comment: NOAA received fishing injury, and urged protection of selected smaller boundaries, which comments requesting protection for fish fish species in order to achieve fishing closely follow the NAZs, primarily to spawning aggregations with the sustainability. Requests for fishery reduce impacts to the oil and gas expansion. Response: NOAA concurs with management included: (1) Limiting industry and to retain access for commenters and believes the expansion fishing locations; (2) prohibiting bottom- historical fishing practices. Outside of of the sanctuary will assist in the dragging gear; and (3) continuing to the expansion process, NOAA will protection of fish spawning aggregations limit fishing to hook and line only. provide the processed data and in the northwestern Gulf of Mexico. Some of the comments received in associated publication to both BOEM With this action, NOAA will extend support of expansion were from and NMFS, for consideration during sanctuary regulations to the expansion members of the fishing sector. review of regulations, and for future oil areas which limit fishing activities to Response: NOAA intends to extend and gas, and fishing activities. While this will not provide blanket protection conventional hook and line techniques, the current sanctuary regulations to the measures, it will be valuable in prohibit bottom tending gear, and proposed expansion areas, which protections from potential major restrict the use of anchors within includes restricting fishing activities to impacts. sanctuary boundaries. This action will conventional hook and line techniques 22. Comment: NOAA received thereby complement protections for fish only (i.e., any fishing apparatus comments requesting an analysis of the spawning habitats provided under the operated aboard a vessel and composed impacts sustained to the environment Magnuson-Stevens Fishery of a single line terminated by a from run-off of toxic and hazardous Conservation and Management Act combination of sinkers and hooks or elements, sewage, pollution, and (MSA). Fish spawning aggregations have lures and spooled upon a reel that may potential expansion of the Gulf of been observed and recorded during ROV be hand- or electrically-operated, hand- Mexico hypoxic zone, or ‘dead zone’, explorations at reefs and banks included held or mounted). NOAA prohibits the into the proposed sanctuary expansion in the expansion areas. Therefore, use of any bottom tending fishing gear areas. NOAA determined that sanctuary to protect delicate corals and important Response: NOAA used the best designation will directly protect habitat benthic habitat from fishing impacts, available data to evaluate the where the aggregations occur. NOAA which will continue in the expansion environmental impacts to the expansion intends to consider further protection of areas. A detailed list of the current areas as required under NEPA and the spawning aggregations during the next regulations can be reviewed in Table Council of Environmental Quality’s management plan review. 1.1, Chapter 1, Section 1.4. (CEQ’s) 1978 NEPA regulations. NOAA, 25. Comment: NOAA received a 20. Comment: NOAA received a however, is studying these issues and comment requesting NOAA consider comment requesting projections of plans to continue analyzing the impacts designating areas within the sanctuary ecosystem services (i.e., estimates for in its next management plan review as ‘‘no take’’ marine reserves. the increase in value of managing process. Response: NOAA considered this protected species and habitats such as 23. Comment: NOAA received request and does not intend to designate hard and soft corals, fish, and comments regarding disturbances any ‘‘no-take’’ marine reserves within mesophotic reefs) be included in the (vessel traffic) related to the noise the sanctuary through this action. With final analysis. environment, including a request to this action, NOAA extends the current Response: Analysis of ecosystem quantify the additional impact from an fishing regulations to the expansion services is beyond the scope of the increased number of boaters. areas which limit fishing activities to environmental analysis necessary for Response: NOAA continues to study conventional hook and line techniques this action, and thus, NOAA rejects this the issue of noise impacts on sanctuary and exclude any bottom tending gear. request. Instead, NOAA provided an resources. Sanctuary regulations Anchoring will also be prohibited in the economic analysis in the FEIS that prohibit the disturbance of marine expanded sanctuary, and mooring buoys estimated a passive economic value (i.e. mammals and turtles except when will be installed so that fishers and non-use value) of the sanctuary permitted under the MMPA and ESA. vessels (<100 feet long) can safely moor expansion. For details on the economic With respect to sonar testing, Section within the sanctuary boundaries. analysis, please refer to Chapter 4, 304(d) of the NMSA provides for To evaluate the impact of Section 4.4.7 of the FEIS or the peer- consultation with other federal agencies conventional hook and line fishing to reviewed publication that resulted from if their actions have the likelihood to managed fish species in the sanctuary, this study, Stefanski and Shimshack injure sanctuary resources. NOAA has NOAA conducted an environmental (2016). previously used this mechanism in impact analysis on living marine

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resources, including fish in relation to boaters and/or increased use of fishing More specifically, higher biomass and the different expansion alternatives (see line be considered in the analysis. abundance of fish are often associated FEIS Chapter 5, Section 5.36). Overall, Response: NOAA evaluated both with greater habitat coverage and/or NOAA determined none of these beneficial and adverse impacts to each complexity, such that, protecting habitat resources would sustain any significant resource area and determined there has an increased likelihood to improve adverse impacts with sanctuary would be no adverse impacts to scenic fish stocks (Jones et al. 2004, Coker et designation. However, NOAA and visual resources. NOAA predicts al. 2014, Lindfield et al. 2016, determined that this action will provide beneficial impacts on the scenic and Komyakova et al. 2018, Carminatto et al. benefit to fish, given the added visual resources of the proposed 2020, Russ et al. 2020). Additionally, protection to critical habitat and expansion areas by reducing marine reducing fishing pressure could lead to restrictions to fishing techniques. debris including derelict fishing gear, an increased monetary value of Mesophotic and deep water reefs have vessel traffic, and industrial commercial fisheries, partly due to the been shown to have low resilience and infrastructure. Refer to FEIS Chapter 5, presence of larger individuals (thus slow recovery potential, and harbor Section 5.3.3. more valuable) and higher densities of greater fish biomass than their shallower Fishing, Fishery Regulations, and high-value species (Chirico et al. 2017). counterparts, underlining the Fishery Management Mesophotic reefs have been found to importance of their protection harbor greater biomass of fishery- (Lindfield et al. 2016, Huvenne et al. 28. Comment: NOAA received a targeted species than shallower reefs, 2016). By reducing fishing pressure comment that requested the agency to suggesting these habitats are important through sanctuary protection, fish size, analyze recreational fishing activities in to protect for the longevity of biomass, and abundance could increase, the proposed expansion areas. commercial harvests (Lindfield et al. while also enhancing coral reef Response: NOAA addressed the 2016). In essence, sanctuary expansion resiliency (Reed 2002, 2007, Bozec et al. request for this analysis by evaluating is protecting critical habitat which may 2016, Chirico et al. 2017). Impacts to the the level of recreational fishing activity result in increased fish biomass (Edgar resources may be reduced due to expected to occur in the proposed et al. 2011, Harborne et al. 2008) or limitations on fishing that can otherwise expansion areas, using the best available abundance (Jeffrey et al. 2012), alter predator-prey relationships, data, to capture the socioeconomic particularly where fishing pressure is disturb bottom habitats, and increase impact to this industry. Ultimately, reduced (Edgar et al. 2011, Kramer and loss of fish biomass. The added NOAA determined that there would be Heck 2007), which could benefit prohibition of spearfishing further no significant adverse impacts to commercial fishers. protects fish from direct extraction recreational fishers. For analysis of 30. Comment: NOAA received (Lindfield et al. 2014). recreational fishing activities, please comments regarding spearfishing, with Sanctuary management actions could refer to FEIS Chapter 4, Section 4.4.1.2 the majority requesting a prohibition on reduce marine debris and impacts of for a description of the data used and this activity. Some commenters offered debris on corals and other organisms, Chapter 5, Section 5.3.9.2 for the conditional support of spearfishing, such as entanglement in derelict fishing expected environmental impact. suggesting allowing the activity: (1) In a gear and incidental catch of fish in 29. Comment: NOAA received a limited capacity with access at a limited ‘‘ghost’’ fishing gears. Moreover, comment that requested the agency number of banks and reefs in the extending to the expansion areas the clarify benefits of the expansion to expansion area; (2) only for the removal prohibition of bottom-tending fishing commercial fishers and improve the of lionfish, an invasive species present gear, limits on anchoring and the socioeconomic analysis of commercial in the current and proposed sanctuary discharge of pollutants, removal of fishers. areas; or (3) by breath hold only. marine debris such as derelict fishing Response: NOAA updated FEIS Response: NOAA intends to extend gear, and invasive species removal, Chapter 4, Section 4.4.1 to supplement the current sanctuary regulations to the would all improve habitat for benthic the analysis on commercial fisheries expansion areas proposed in the Final coral communities and fish with additional and current VMS data to Preferred Alternative. As such, NOAA communities. assess socioeconomic impacts imposed will not be implementing any additional Designating areas as a ‘‘no take’’ by the expansion on commercial fishing regulations as part of the final marine reserve is an important issue and (Section 4.4.1.1) and recreational rulemaking. NOAA prohibits NOAA plans to consider it in the next (Section 4.4.1.2) fishers. Overall, NOAA spearfishing in the current boundary to review of the FGBNMS management determined that no significant adverse protect delicate corals, including plan. impacts to fishers would result from the threatened species, and important 26. Comment: NOAA received a proposed expansion (See Chapter 5, benthic habitat from fishing impacts, comment requesting that a Gulf Sperm Section 5.3.9.1 and 5.3.9.2). NOAA which will continue in the expansion Whale/Pelagic Ecosystem national concluded minor benefits to commercial areas. Spearfishing for lionfish is not a marine sanctuary be established. fishers may occur with the expansion of permissible activity within sanctuary Response: NOAA does not intend to the sanctuary (see Chapter 5, Section borders. However, spearfishing with establish a Gulf Sperm Whale/Pelagic 5.3.9.1) as fish production may increase pole spears has been performed Ecosystem National Marine Sanctuary. in general with the decreased fishing opportunistically by research staff The request is beyond the scope of this pressure and habitat protections of through permitted long-term monitoring proposed action. specific locations. activities at FGBNMS. Additionally, Broadly, it is well documented by the lionfish invitational research cruises Visual Resources scientific community that coral reef and have been a permitted activity since 27. Comment: NOAA received a mesophotic coral communities provide 2015 at FGBNMS to remove the invasive comment on DEIS Section 5.3.2.3— necessary habitat for a significant species with highly skilled, qualified Scenic and Visual Resources requesting number of fish species, and the recreational divers and contribute to a that negative impacts to scenic and prevention of loss of these habitats will variety of research projects with visual resources that could occur help to maintain and enhance fish external academic and agency partners. because of an increased number of populations dependent on these areas. NOAA intends to continue to permit

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lionfish removals, with restrictions and and GMFMC throughout the entire alternative and the Final Preferred obligations to properly train divers in scoping process of sanctuary expansion, Alternative, in addition to allowing effective removal techniques that please refer to FEIS Chapter 1, Section conventional hook and line fishing in prioritize coral and ecosystem health. A 1.5.4.2, for additional details on these the expanded sanctuary, facilitates an detailed description of sanctuary consultations. appropriate balance between regulations is described in FEIS Table 33. Comment: NOAA received a environmental protection and user 1.1, Chapter 1, Section 1.4. comment requesting its fisheries access dictated as mandated by the 31. Comment: NOAA received a analysis in the DEIS include more types NMSA. A detailed description of comment that suggested the spearfishing of fishing gear and data to determine sanctuary regulations is described in community has been excluded from what areas were used by fishers and the FEIS Table 1.1, Chapter 1, Section 1.4. access to the sanctuary. value of these areas to those fisheries. FEIS Chapter 1, Section 1.5.2 provides Response: NOAA solicited public Response: NOAA provided a detailed additional details on this consultation. comment to exempt spearfishing in the list of the types of commercial vessel 36. Comment: NOAA received a proposed sanctuary boundary with the and recreation vessels that operate comment that suggested specific release of the NPRM. In response, within the proposed sanctuary language be added for the discharge of NOAA received overwhelming support boundaries in the DEIS. NOAA has natural waste of farmed fish related to to continue prohibition of this activity. added a new table to the FEIS to include open gulf mariculture, stating that fish Please see additional information gear types used by commercial fishers farming operations outside of sanctuary provided in comment #30. This will that were observed in the vicinity of the boundaries may discharge sinking restrict access to the sanctuary Final Preferred Alternative. Please organic material that deposit within the expansion areas for the spearfishing review Section 5.3.9.1 and 5.3.9.2 for a sanctuary with prevailing currents. community. description of the commercial and Response: NOAA determined this 32. Comment: In response to the DEIS, recreational fishing vessels that operate request is outside the scope of this NOAA received a request seeking a within the proposed sanctuary action. While sanctuary regulations do pelagic longline exemption from the boundaries based on permit or gear not specifically prohibit aquaculture, otherwise applicable sanctuary fishing type. This analysis estimates the some associated activities are prohibited prohibitions proposed for the expansion number of vessels within the vicinity of such as discharge of certain material, areas. NOAA also received a few similar the boundaries under each alternative. alteration of the seabed, and injury to comments in response to the NPRM. 34. Comment: NOAA received a sanctuary resources. Furthermore, the However, there were also a significant comment requesting an analysis of the suitability of the area for aquaculture is number of NPRM commenters that potential impact(s) of weights used in being separately considered under other opposed this exemption. bandit reel gear configurations on the authorities including E.O. 13921, Response: NOAA considered the benthic habitat and corals, as well as (October 23, 2020; 85 FR 67519). request made during the public review more information on the types of gear FGBNMS will further consider of the DEIS for a pelagic longline used in this type of fishing aquaculture and its potential impacts exemption to the proposed fishing configuration. during the next management plan prohibitions in the expansion area. In Response: FGBNMS intends to review. response, NOAA solicited public continue investigating impacts of comments pertaining to pelagic longline recreational and commercial fishing in Military Uses fishing in the NPRM. Based on strong the sanctuary, including bandit reel 37. Comment: A comment related to public support to prohibit this activity, gear, and will address this in more the Department of the Navy’s activities NOAA has rejected the request for an detail during the next management plan within the proposed sanctuary areas exemption for pelagic longlining and, review. suggested to: (1) Include in the FEIS, instead, intends to extend the current 35. Comment: NOAA received a Department of Defense (DoD) use of sanctuary regulations to the expansion comment requesting a comprehensive water space in the vicinity of proposed areas. Under existing regulations, commercial endorsement and expansion and current sanctuary; (2) fishing will only be allowed with certification program be developed to provide a map of the Gulf of Mexico conventional hook and line gear (i.e., allow commercial fishers to continue to warning areas for military use; (3) add any fishing apparatus operated aboard a operate within the proposed boundaries. military uses to marine-use categories; vessel and composed of a single line Additionally, there was a request to and (4) add an analysis of the potential terminated by a combination of sinkers create an exemption for shrimpers in the impact to military uses. and hooks or lures and spooled upon a Royal Red Shrimp industry to continue Response: Homeland security and reel that may be hand- or electrically their historical practices. military uses of the expanded sanctuary operated, hand-held or mounted). Response: NOAA has considered this are subject to compliance with NEPA NOAA believes the expansion of request, and following consultation with and NMSA, in addition to all applicable FGBNMS to additional reefs and banks GMFMC pursuant to NMSA section environmental regulations. DoD would in the northwestern Gulf of Mexico will 304(a)(5), decided not to establish a be required to consult with ONMS add critical protection for fish, marine commercial endorsement and pursuant to NMSA section 304(d) on mammals, threatened and endangered certification program or provide an any new military activities in the species, as well as their habitat. NOAA exemption for shrimpers or other fishers expansion area that are likely to injure determined the existing regulations in the sanctuary, based on the reduction sanctuary resources. NOAA believes the would best accomplish this protection in size of the new areas. Facilitating existing regulatory framework and fulfill the NMSA obligation to commercial fishing in the sanctuary, sufficiently addresses DoD impacts on protect nationally significant even through an endorsement and sanctuary resources. Existing military environmental features. certification process, could make corals uses and an analysis of their A detailed description of sanctuary and other sensitive bottom habitats environmental effects in the expansion regulations is described in the FEIS vulnerable to injury. NOAA believes area have been added to Chapter 4, Table 1.1, Chapter 1, Section 1.4. NOAA that the reduction in boundaries Section 4.4.5 and Chapter 5, Section has been in consultation with NMFS between the 2016 original preferred 5.3.9.7 of the FEIS.

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NEPA Process comment. Additional species were prohibited pursuant to other authorities. 38. Comment: NOAA received included in the NPRM consultation. See Thus, compliant with the NMSA, comments regarding the NEPA process. FEIS Chapter 4, Section 4.3.4 for NOAA believes the current expansion in Commenters requested NOAA conduct a additional information on protected this FEIS and final rule, as proposed in new NEPA analysis because of: (1) The species with an updated list of protected the NPRM, maximizes conservation and difference in methodologies used to species and Appendix G for a summary user group interests to allow for greater configure the Final Preferred Alternative of how ONMS satisfied ESA protection of these areas. and Alternative 3 in the DEIS; and (2) consultation requirements including Oil & Gas Exploration and Development ONMS’s ESA consultation new circumstances and/or information 43. Comment: NOAA received available (e.g., fishing exemptions, correspondence. 40. Comment: NOAA received a comments from the oil and gas industry removal of buffer zones). in response to the 2016 DEIS Response: NOAA evaluated the comment stating that the Notices to Lessees are not simply guidance because alternatives regarding recognition and changes made from the 2016 original inclusion of existing oil and gas leases. preferred alternative (Alternative 3) to they contain requirements for oil and gas. Commenters expressed concern that the Final Preferred Alternative sanctuary expansion could be more presented in the NPRM and this FEIS. Response: NOAA disagrees. Please refer to the Bureau of Safety and costly or difficult for oil and gas The Final Preferred Alternative revised production, new leases would be Alternative 3 boundaries to be more Environmental Enforcement Notice to Lessees 2009–G39,10 which provides precluded, and the loss of oil and gas tightly drawn near the shallowest exploration may lead to reliance on portions of the geological features of and consolidates guidance for oil and gas. foreign oil. Industry representatives interest, largely in response to existing noted their reliance on the 2007 fishing activity and oil and gas activity National Marine Sanctuaries Act Sanctuary Advisory Council (see response to comment #3). The new 41. Comment: NOAA received recommendation for expansion polygons included all of the same reefs comments that suggested the expansion (Alternative 2) to inform their and banks, excluding Bryant Bank, of sanctuaries must be conducted investment in resources for the which is not included in the Final through an act of Congress, otherwise it industry’s development and growth, or Preferred Alternative. Ultimately, violates Congressional intent found in their decision to relinquish certain lease NOAA determined that the changes the NMSA. blocks. Industry representatives reflected in the Final Preferred Response: NOAA disagrees. NOAA requested oil and gas access, leasing, Alternative were not ‘‘substantial can administratively designate and produced water discharge requirements, changes in the proposed action that are expand sanctuaries pursuant to Section and seismic acquisition should remain relevant to environmental concerns’’ (40 303 of the NMSA (16 U.S.C. 1433), as is, with no additional regulations. CFR 1502.9(c)(1)(i)). NOAA further using procedures set forth in section 304 Response: To address concerns from determined the comments received on (16 U.S.C. 1434). It is also possible for the oil and gas industry, the FGBNMS the 2016 DEIS did not ‘‘constitute Congress to legislatively designate a Sanctuary Advisory Council’s BEWG significant new circumstances or sanctuary; Stetson Bank (Pub. L. 104– underwent an extensive process to information relevant to environmental 283) in the current FGBNMS serves as evaluate how protecting biologically concerns and bearing on the proposed an example of a legislatively designated significant areas may impact the oil and action or its impacts’’ (40 CFR sanctuary. gas industry. They proposed modifying 1502.9(c)(1)(ii)). As such, NOAA 42. Comment: NOAA received DEIS Alternative 3 to develop the concluded that preparing a comments stating the NPRM did not Revised Preferred Alternative (see supplemental environmental impact comply with the NMSA and the comment #3). This process also statement or new NEPA analysis is FGBNMS 2012 management plan to involved input from the Sanctuary neither required nor necessary under prioritize conservation of surrounding Advisory Council, the GMFMC, and NEPA. NOAA has documented the reefs and banks. coordination within NOAA. The new agency’s rationale for revising the Final Response: The proposed action boundaries closely follow BOEM’s Preferred Alternative (see Chapter 3, responds to the need to provide NAZs, encompassing the shallowest Section 3.2) and provided updated additional protection of sensitive portions of the banks, which are already information on the affected environment underwater features and marine habitats protected from oil and gas exploration in FEIS Chapter 5, Section 5.3, and associated with continental shelf-edge and development. Furthermore, ONMS related Record of Decision. Please refer reefs and banks in the northwestern consulted with BOEM pursuant to E.O. to NOAA’s Supplemental Information Gulf of Mexico. NOAA adds 14 13795—Implementing an America-First Report that was provided with the additional reefs and banks, for a total of Offshore Energy Strategy and release of the NPRM for further 17 features to be protected, expanding determined that expanding the information. the sanctuary by approximately three sanctuary would not have a significant 39. Comment: NOAA received a times its current spatial extent. In economic impact on oil and gas comment that requested that the addition to prioritizing the conservation exploration and development. BOEM’s Protected Species analysis in Section of nationally significant biological analysis is summarized in the NPRM 5.3.2.7 of the DEIS be public and open features, the NMSA section 301 (16 and in FEIS Chapter 5, Section 5.3.9.5. for review/comment. U.S.C. 1431) directs NOAA to facilitate, 44. Comment: NOAA received a Response: ONMS conducted an ESA to the extent compatible with the comment requesting an analysis of the Section 7 consultation with NMFS in primary objective of resource protection, inclusion of four oil and gas platforms conjunction with the development of all public and private uses of the within the expansion areas for both the DEIS and NPRM. In the DEIS, resources of these marine areas not advantages and disadvantages, ONMS included a list of protected especially in the context of Sanctuary species which may be affected by the 10 https://www.bsee.gov/notices-to-lessees-ntl/ Expansion Action Plan Objective 6C. proposed action, and the DEIS was notices-to-lessees/ntl-2009-g39-biologically- Response: NOAA’s Final Preferred subsequently submitted for public sensitive-underwater-features. Alternative does not include any

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additional oil and gas platforms within Response: As a non-voting member on protecting vulnerable habitats with the existing or expanded sanctuary the Sanctuary Advisory Council, and a multiple uses of the region. See FEIS boundaries, thus, the requested analysis cooperating agency in the preparation of Chapter 3, Section 3.2 for more details is not necessary. NOAA did, however, the 2016 DEIS, BOEM has incorporated regarding the Final Preferred consider inclusion of certain oil and gas lease sales and stipulations into BOEM’s Alternative. NOAA intends to extend platforms as part of the alternatives Record of Decision and Final Notice. the current FGBNMS regulations to the considered in the NEPA analysis for this FEIS Chapter 5, Section 5.3.9.5 shows new expansion areas. Please refer to action. See Alternatives 4 and 5 of this that there were 13 active lease blocks, as FEIS Table 1.1 in Chapter 1, Section 1.4 FEIS. Please also refer to FEIS Chapter reported by BOEM in their 2019 report. for a list of current sanctuary regulations 5, Section 5.3.9.5 for analysis of impacts However, since publication of that and management efforts from impacts of to offshore energy resources. Finally, report, two leases were relinquished. oil and gas activities. Additionally, NOAA intends to continue analyzing There are currently 11 active leases in sanctuary regulations prohibit discharge the advantages and disadvantages of oil the expansion area, averaging of any kind from oil and gas activities and gas structure inclusion within approximately 17% of the lease blocks that may be harmful to the benthic FGBNMS as part of its ongoing falling within the Final Preferred environment. management plan review process. Alternative boundaries. Lease sales BOEM assessed the potential for 45. Comment: NOAA received a issued between 1996 and 2001 provided offshore energy resources including oil comment that requested an economic Information for Lessees indicating and gas and methane hydrate resources analysis of: (1) Impacts to oil and gas ‘‘Minimizing Oil and Gas Structures in the proposed expansion areas. BOEM resources due to directional drilling; (2) near Flower Garden Banks’’. Lease sales determined that due to the shallow- affected lease blocks; and (3) a issued between 2002 through 2014 did water depth of the proposed expansion comparison in area between NAZs and not specifically mention FGBNMS, but areas, the formation of methane hydrate proposed sanctuary expansion areas. the lease sales do refer to the Notice to in the subsurface is unlikely. BOEM’s There was also a request to identify any Lessees outlining the topographic and E.O. 13795 report is available on the future management actions/mitigations live bottom stipulations. The sanctuary sanctuary website.13 which may affect oil and gas activities. regulations track the operational The FEIS describes damages related to Response: BOEM analyzed potential requirements established by BOEM in oil and gas activities observed at banks impacts to oil and gas resources those stipulations. Lease sales issued proposed in the expansion, as well as pursuant to E.O. 13795, and these between 2015 to the present provide potential impacts that could be results are available on the sanctuary notice to prospective leaseholders of the sustained to these resources. Please website.11 BOEM determined that proposed expansion. More information review Chapter 4, Section 4.4.3 of the expanding the sanctuary would not regarding BOEM lease sales may be FEIS for additional information. have significant economic impacts on found on BOEM’s website.12 Furthermore, in 2016, the NOAA the oil and gas industry, and NOAA 47. Comment: NOAA received a Office of Response and Restoration Gulf accepted BOEM’s findings. NOAA will comment that requested the agency of Mexico Disaster Response Center continue to coordinate with BOEM to develop an appropriate regulatory convened with the Department of co-manage these resources and mitigate ‘‘firewall’’ that will set a precedent for Interior and a variety of environmental, any impacts to oil and gas activities, other sanctuaries to protect those areas regulatory, and resource protection including the 11 active Outer from offshore drilling practices. agencies to develop a document Continental Shelf (OCS) oil and gas Response: NOAA believes this request outlining ‘‘Oil Spill Response Options leases that will lie wholly or partially is beyond the scope of this action but for FGBNMS.’’ This document may be within the boundaries of the expanded will continue to work toward balancing found at the University of New FGBNMS. For new leases, approvals or multiple user interests with the NMSA’s Hampshire, Coastal Response Research primary goal of resource protection. Center and the Center for Spills and permits, licenses, or other 14 authorizations in existence prior to the 48. Comment: NOAA received Environmental Hazards website. 49. Comment: NOAA received date in which the FGBNMS expansion comments related to environmental comments related to the prohibition of is finalized, lessees or operators will be impacts of the oil and gas industry. Of oil and gas development. Specifically, required to obtain from NOAA a these, nearly half requested the NOAA was requested to prohibit: (1) certification to authorize the oil and gas sanctuary update the regulations to New oil and gas directional drilling, activities within the FGBNMS. The prohibit oil and gas development and to infrastructure, and transport; (2) oil and certification will require compliance ensure management protects against gas leasing within new boundary areas; with the FGBNMFS regulations, as well damages from this industry. Concerns and (3) directional drilling under new as the permits or plan approvals issued raised included: (1) Oil spills and leaks; (2) extraction practices; (3) encroaching boundary areas. by BOEM and/or BSEE, and the Response: With this action, NOAA topographic features stipulation (as drilling and exploration; and (4) the vulnerability of biological resources to intends to extend existing sanctuary applicable) in the lease. prohibitions, which allow and regulate Refer to FEIS Section 5.3.9.5 for oil and gas activities. Comments also oil and gas exploration and additional analysis of the impacts to oil requested that NOAA prohibit fracking development to the expansion areas. and gas activities. and analyze the potential for fracking Directional drilling permits for oil and 46. Comment: NOAA received a fluids and directional hydraulic gas will continue to be considered for comment to incorporate BOEM lease fracturing to impact the area in and near surface operations in the expansion sales and stipulations into BOEM’s the sanctuary. A few comments related Record of Decision and Final Notice of specifically to methane hydrate 13 https:// Sale. extraction. Response: NOAA determined the nmsflowergarden.blob.core.windows.net/ flowergarden-prod/media/archive/doc/expansion/ 11 https:// Final Preferred Alternative balances boemenergyanalysis.pdf. nmsflowergarden.blob.core.windows.net/ 14 https://crrc.unh.edu/sites/crrc.unh.edu/files/ flowergarden-prod/media/archive/doc/expansion/ 12 https://www.boem.gov/oil-gas-energy/lease- nrpt_oil_spill_response_impacting_fgbnms_tx_ boemenergyanalysis.pdf. sale-information. report.pdf.

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areas, given existing prohibitions, be extending the existing sanctuary information about the best diving outside of the BOEM-designated No management plan and regulations to the practices to ensure the protection of the Activity Zones. Pursuant to NMSA newly expanded area. environment. A link to this reef Section 301(b)(6), NOAA will continue 52. Comment: NOAA received a etiquette web page 16 has been added to ‘‘to facilitate to the extent compatible comment on DEIS Section 5.3.6— Section 5.3.6. NOAA believes when with the primary objective of resource Irreversible and Irretrievable these practices are followed, reefs protection, all public and private uses of Commitments of Resources requesting sustain very minimal, if any, damage. the resources of these marine areas not NOAA include costs of expansion and While compliance with the sanctuary prohibited pursuant to other evaluate potential impacts to regulations is mandatory, some of the authorities’’. Please also refer to conservation and management best diving practices set forth on the comment #49 and FEIS Table 1.1, activities. FGBNMS Trip Prep web page are Section 1.4 for current sanctuary Response: NEPA requires an analysis voluntary. regulations. of the extent to which the proposed FGBNMS also has regulations 50. Comment: NOAA received project’s primary and secondary effects prohibiting resources from being taken comments from oil and gas industry would commit nonrenewable resources from the sanctuary (e.g., shells, coral, companies in support of this expansion to uses that future generations would be invertebrates) and restricting that recognized the balance between unable to reverse (42 U.S.C. 4332(C)(v); harassment of marine wildlife (e.g., 40 CFR 1502.16). See FEIS Chapter 5, conservation, extraction, and user Mobula rays, whale sharks). A list of the Section 5.6.4 which describes any groups achieved through the Sanctuary regulations is provided in FEIS Chapter impacts, or losses, to resources that Advisory Council’s process in 1, Section 1.4, Table 1.1. The USCG and cannot be recovered or reversed developing the Revised Preferred NOAA’s OLE are jointly responsible for associated with the proposed action or Alternative (NOAA’s Final Preferred enforcing regulations at FGBNMS. Alternative). alternatives. Alternatives 1–3 and the Response: NOAA has carried forward Final Preferred Alternative are within 54. Comment: NOAA received the 2018 BEWG’s recommendation, the current operational budget, and comments regarding sharing its coral which is now NOAA’s Final Preferred NOAA expects field operations to and habitat information with the Alternative. Please refer above to the continue at current intensity in the GMFMC so the data could be included Boundaries section and to FEIS Chapter expanded sanctuary. Also refer to the in the coral portal. Also, FGBNMS was 3, Sections 3.1 and 3.2 for more 2012 FGBNMS Management Plan for asked to collaborate with NOAA’s information regarding the development additional budgetary information. National Resource Damage Assessment’s of alternatives and selection of the Final 53. Comment: NOAA received (NRDA) Trustee Council’s Open Ocean Preferred Alternative. comments requesting the FEIS to clearly Trustee Implementation Group to describe ‘‘best diving practices’’ in restore mesophotic and deep benthic Sanctuary Management and Section 5.3.9.4, how they will be communities (MDBC). Administration, Funding, Education implemented, how they will protect Response: NOAA welcomes the and Outreach, and Sanctuary Advisory FGBNMS, and how NOAA will enforce opportunity to collaborate with Council their use. organizations to build community 51. Comment: NOAA received Response: The existing sanctuary partnerships for education, outreach, comments requesting that FGBNMS regulations (15 CFR 922.122(a)(2)(iii)) research, monitoring, and resource develop a Resilient Habitat Plan, which require any vessel moored in the protection. Before, during, and after the seeks to enhance habitat resilience to sanctuary to exhibit the blue and white release of the DEIS and the NPRM, the uncertain and unpredictable effects of International Code flag ‘‘A’’ (‘‘alpha’’ FGBNMS Superintendent presented future change, such as climate change. dive flag) or red and white ‘‘sports information to the GMFMC on the Response: The current FGBNMS diver’’ flag whenever a scuba diver from FGBNMS proposed sanctuary management plan serves as a framework that vessel is in the water and remove expansion. Additionally, FGBNMS for addressing issues facing the the ‘‘alpha’’ dive flag or ‘‘sports diver’’ provides benthic (e.g., coral) data from sanctuary and lays the foundation for flag after all divers exit the water and the current and expanded FGBNMS, as protecting, conserving, and enhancing return on board the vessel, consistent well as other offshore banks and reefs in FGBNMS and its regional environment with U.S. Coast Guard guidelines the northwestern Gulf of Mexico to in the Gulf of Mexico. Following this relating to sports diving as contained GMFMC for its publicly accessible coral expansion, NOAA will begin the within ‘‘Special Notice to Mariners’’ portal.17 FGBNMS has been intently process to review and update the (00–2008) for the Gulf of Mexico. This involved as an Active Management FGBNMS Management Plan as needed. final rule will apply that requirement to Project Partner with NRDA’s NOAA acknowledges the growing need the expanded areas and must be Mesophotic Deepwater Benthic to integrate resiliency plans into their followed. The FGBNMS Trip Prep web Community’s planning projects. Project habitat management schemes and are page 15 provides recreational divers with goals include: (1) Enhancing public beginning to implement sanctuary information to prepare for their trip to awareness and performing active climate assessment and adaptations the sanctuary, information about the management and protection activities by plans sitewide. As determined during challenging diving conditions that can undertaking education and outreach management plan review, FGBNMS will be experienced at FGBNMS, and how to targeting MDBC resource users and the aim to integrate adaptation and safely prepare for these visits, and general public; (2) engaging resiliency strategies into their habitat includes information on best diving and stakeholders and developing and resource management. boating practices to ensure the safety of socioeconomic analyses to evaluate Additionally, FGBNMS will begin visitors. Additionally, the FGBNMS potential impacts of management or development of a Condition Report Trip Prep web page includes a link to protection actions; and (3) directly describing the current status of reef etiquette, which provides sanctuary resources, including the 16 https://flowergarden.noaa.gov/visiting/ expansion areas. As described in the 15 https://flowergarden.noaa.gov/visiting/ reefetiquette.html. FEIS Executive Summary, NOAA will tripprep.html. 17 https://portal.gulfcouncil.org/cp/.

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addressing threats to MDBC through received are made available and FGBNMS Sanctuary Advisory Council management activities. considered by ONMS. was not informed of new information 55. Comment: NOAA received a 58. Comment: NOAA received and proposed boundaries for NOAA’s comment requesting a Critical Habitat comments requesting the use of British original preferred alternative in the Assessment of the banks be included in Petroleum (BP) restoration funds to DEIS (Alternative 3) prior to the proposed expansion as required in justify expansion to Alternatives 4 and publication, and asked why NOAA the International Finance Corporation 5. One comment noted specific issues selected Alternative 3 instead of the (IFC) Performance Standard 6 affecting FGBNMS’ operational capacity 2007 FGBNMS Advisory Council’s (Biodiversity Conservation and to manage alternatives with greater recommendation (Alternative 2). Sustainable Management of Living environmental benefit had changed (i.e. Response: FGBNMS received input Natural Resources). substantial resources have since been from its Sanctuary Advisory Council Response: To develop each dedicated to managing mesophotic and through a Boundary Expansion Working alternative, NOAA identified nationally deep benthic communities in the Gulf of Group comprised of stakeholders from significant coral habitats that are Mexico through the Deepwater Horizon varied constituent seats. In 2007, the vulnerable to multiple threats as NRDA). working group presented its detailed in the FEIS and final rule’s Response: FGBNMS is engaged in recommendation for sanctuary Need for Action sections. For more collaborative efforts with NOAA expansion to the full Advisory Council, detail regarding how specific habitats Fisheries through the MDBC project after which the 2007 Sanctuary were selected in the alternatives, refer to funded through NRDA. NOAA has Advisory Council recommendation Chapter 3 of the FEIS. In summary, determined, for the purpose of this (Alternative 2) was approved, based on ONMS determined the selected habitats action, that Alternatives 4 and 5 are the criteria developed by the original were most in need of protection based beyond the geographic scope that is BEWG. Their recommendation became on the best available scientific feasible for the sanctuary to effectively the foundation for NOAA’s original information as well as through public manage (see comment #54 and refer to preferred alternative (Alternative 3), comment and interagency coordination. Chapter 3 of the FEIS). which also included additional research 56. Comment: NOAA received a 59. Comment: NOAA received a in the northwestern Gulf of Mexico. After the release of the DEIS, a comment that requested the agency comment requesting FGBNMS design, Sanctuary Advisory Council working incorporate and address management of develop, and commission a research group reformed. Based on the Sanctuary artificial reefs within sanctuary vessel dedicated to studying marine Advisory Council recommendations in boundaries, specifically mammal population growth in the response to the DEIS, NOAA made a decommissioning of oil and gas pelagic environment. Response: FGBNMS currently number of changes to the boundaries of platforms. operates the R/V Manta, a research the polygons surrounding the banks and Response: NOAA’s Final Preferred vessel that can be used as a platform to submerged features. In 2018, the BEWG Alternative does not include any research marine mammals, and thus brought forth its recommendation for artificial reef structures. Federal policy rejects this request. NOAA Fisheries sanctuary expansion to the full on artificial reefs is discussed in the conducts marine mammal population Advisory Council, which was approved FEIS Appendix G and in the 2012 studies and their Southeast Fisheries and became NOAA’s Revised Preferred FGBNMS Management Plan. Science Center develops a report every Alternative for the NPRM and the Final 57. Comment: NOAA received a 5 years. Further, the sanctuary Preferred Alternative in this FEIS. comment requesting the use of collaborates with external organizations NOAA’s Final Preferred Alternative collaborative, consensus-building, and partners to support marine mammal represents the collaborative efforts transparent processes for selection and research. between constituent/stakeholder groups management of sanctuary resources. 60. Comment: NOAA received a and the sanctuary’s multi-use Response: ONMS uses several public, comment requesting the creation of an management. Refer to FEIS Chapter 3, stakeholder-driven processes to ensure interpretive center in support of the Sections 3.2 and 3.5 which details collaborative, transparent selection and sanctuary. development of the Final Preferred management of resources. National Response: NOAA will evaluate Alternative and provides the rationale marine sanctuaries have sanctuary opportunities for an interpretive center for the selection of Alternative 3 as the advisory councils, composed of voting through the next FGBNMS management original preferred alternative in the and non-voting members that represent plan review process. DEIS, respectively. a variety of government agencies; local 61. Comment: NOAA received a 63. Comment: NOAA received a user groups; and the general public, that comment requesting inclusion of a user comment suggesting FGBNMS form an advise sanctuary superintendents on education and enforcement program to Advisory Council working group on priority issues. Sanctuary advisory ensure the public is aware of new maritime shipping traffic regarding councils may choose to establish boundaries and requirements. shipping routes. committees and working groups to Response: Existing online and print Response: NOAA will consider this further delve into issues; working materials created for the proposed suggestion in the future. groups provide an opportunity to action contain select maps and several 64. Comment: NOAA received involve more stakeholders from the photographs. When the proposed action comments claiming science was community in developing becomes final, NOAA will work to disregarded during the development of recommendations for consideration by update and distribute printed and the boundary configuration for the the full sanctuary advisory councils. online materials to reflect the features Revised Preferred Alternative presented Additionally, through NEPA and the and boundaries of FGBNMS. in the NPRM. federal rulemaking processes, ONMS is 62. Comment: NOAA received Response: The bank boundaries of the required to solicit, consider, and comments regarding input from the Revised Preferred Alternative presented respond to public comments during FGBNMS Sanctuary Advisory Council in the NPRM (NOAA’s Final Preferred each stage in an expansion, designation, and other stakeholders. More Alternative) closely follow BOEM’s or regulatory update. All comments specifically, commenters asked why the NAZs, which were based on information

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available in 1970–1980’s, and sanctuary, with reasonable access acknowledged the oversight of not designated to protect active reef regulations and reasonable mitigation circulating the RIR, and reopened the building benthic communities, measures that directly address threats. public comment period (85 FR 74630). associated with the shallowest portions Response: By expanding the Given that NOAA provided 60 days for of the geographic features. NOAA sanctuary’s boundaries and extending public comment period on the proposed reduced the size of the expansion areas existing regulations to the expansion rule, which contained a summary of the proposed in the 2016 DEIS original areas, NOAA is not restricting access to BOEM analysis, the additional comment preferred alternative to minimize user divers or hook and line fishers in any period is reasonable. conflicts and potential economic part of the sanctuary as long as users do 70. Comment: NOAA received impacts to the offshore energy industry not injure or possess any sanctuaries comments suggesting that the RIR was in accordance with NMSA section 301 resources (see FEIS regulations Table outdated and requesting a new analysis, (16 U.S.C. 1431), which supports 1.1, Chapter 1, Section 1.4). NOAA suggesting that a decline in the current establishing compatible uses with determined through the Sanctuary value of oil and gas and other public and private resource users. Advisory Council process and through hydrocarbon resources leads to public input that the expansion would Socioeconomic Issues and Access mistaken assumptions in the current allow for multiple uses of the sanctuary RIR. Additionally, commenters suggest 65. Comment: NOAA received while addressing threats to sanctuary that the RIR is no longer an accurate comments stating that the economic resources, as is set forth in NMSA portrayal of expected impacts to the oil impact analysis in the DEIS was Section 301. For additional details and gas industry. According to the insufficient and requested updates to pertaining to impacts to socioeconomic commenters, lower oil and gas prices data pertaining to scuba diving, resources such as recreational diving, reduce the desire to explore and commercial fishing, air emissions, and please refer to FEIS Chapter 5. develop resources in the region and, oil and gas. 68. Comment: NOAA received thus, oil and gas resources cannot be Response: NOAA used the best comments from the diving industry and considered economically recoverable. available scientific information to scuba divers supporting sanctuary Response: NOAA disagrees with this conduct the economic analysis for the expansion. Divers urged NOAA to comment due to the uncertainty in DEIS and incorporated updated data install mooring buoys in the expansion determining future oil prices, and and analysis, if available, in the FEIS areas to increase access and to provide because BOEM’s February 2019 report (see Chapter 5). Specifically, ONMS better maintenance of the mooring provides the best available economic updated analyses of impacts to buoys and longlines. information. NOAA summarized this commercial and recreational fishing and Response: NOAA intends to extend analysis in the proposed rule for impacts to oil and gas resources in the the current management regime to the sanctuary expansion and further FEIS. expansion areas, under which the evaluated impacts of this action on the 66. Comment: NOAA received sanctuary would provide and maintain oil and gas industry in their Final comments related to the positive mooring buoys so that vessels (< 100 Environmental Impact Statement (FEIS); socioeconomic impacts resulting from feet long) could safely moor in the see Chapter 5, Section 5.3.9.5. sanctuary expansion on local tourism/ sanctuary boundaries, as is logistically 71. Comment: NOAA received businesses and the recreation industry. feasible. See the current FGBNMS comments requesting the other Commenters noted some fishing Management Plan. alternatives be re-evaluated in light of practices were harmful and therefore, the analysis presented in the RIR. fishing restrictions in the expansion Regulatory Impact Review (RIR) Response: NOAA updated the areas would benefit the recreational NOAA received eight comments on analyses of all alternatives in the FEIS; fishing industry, the commercial fishing the Bureau of Ocean Management’s see Chapters 4 and 5. Ultimately, NOAA industry, and fisheries/seafood (BOEM) analysis (the RIR) (85 FR 74630, decided to move forward with the production. November 23, 2020) and collectively Revised Preferred Alternative, as Response: Potential positive and responds to those comments here. presented in the proposed rule, as their adverse impacts to socioeconomic 69. Comment: NOAA received Final Preferred Alternative. resources (e.g., recreation, fishing) are comments expressing concern about the detailed in FEIS Chapter 5. NOAA does short length of the period provided for VI. Classification not anticipate any significant adverse public comment, suggesting (1) it was A. National Marine Sanctuaries Act impacts to be incurred on the not long enough to provide substantive commercial or recreational fishing feedback; (2) no similar National Marine Section 301(b) of the NMSA (16 industry as a result of this expansion. Sanctuary System has offered a 15-day U.S.C. 1431) provides authority for Rather, fishers may find a minor comment period; and (3) that it was not comprehensive and coordinated beneficial impact with an increase in circulated with other documents prior conservation and management of fish production with the protection of to this period. NOAA also received a national marine sanctuaries in these important areas. Please review request to provide justification for the coordination with other resource FEIS Chapter 5, Section 5.3.9.1 and legality of the 15-day comment period, management authorities. Section 5.3.9.2 for more details on the expected and further requested that NOAA 304(a)(4) of the NMSA (16 U.S.C. 1434) impact to commercial and recreational extend the comment period for 60 days. requires that the procedures specified in fishing industries, respectively. Response: The request to extend the Section 304 for designating a national 67. Comment: NOAA received comment period is denied. Prior to marine sanctuary be followed for comments suggesting that the proposed soliciting public comment for the RIR, a modifying any term of designation. This action removes an asset from public use 60-day comment period was open for action, in addition to expanding the for both commercial and recreational the proposed rule, including a fulsome sanctuary, is revising the terms of purposes, restricts recreational diving summary of the RIR, which allowed the designation (e.g., scope of regulations) access, and restricts recreational fishing public to comment on the proposed for the FGBNMS. In accordance with opportunities. Commenters urged action in its entirety (85 FR 25359, May Section 304, the documents relevant to NOAA to allow for multiple use of the 1, 2020). On November 23, 2020, NOAA the expansion of Flower Garden Banks

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are being submitted to the House of this rule for comments received on G. Executive Order 13211: Actions Resources Committee and the Senate the RIR. Details on the estimated Concerning Regulations That Committee on Commerce, Science, and benefits of this action are discussed in Significantly Affect Energy Supply, Transportation. Section 304(a)(5) of the Chapter 5, section 5.3 of the FEIS. Distribution, or Use NMSA also requires that NOAA consult D. Executive Order 13132: Federalism This final rule is not a significant with the appropriate Federal fishery energy action under the definition in management council on any action Assessment E.O. 13211. It is not likely to have a proposing to regulate fishing in federal NOAA has concluded this regulatory significant adverse effect on the supply, waters. Consultation with the Gulf of action does not have federalism distribution, or use of energy. Moreover, Mexico Fishery Management Council implications sufficient to warrant the Administrator of OIRA has not (GMFMC) is discussed above in part II preparation of a federalism assessment otherwise designated this action as a sections 4 and 5. NOAA solicited under Executive Order 13132. The area significant energy action. A Statement of comments on potential exemptions for that is the subject of the final rule is Energy Effects, therefore, is not pelagic longline and spearfishing in the located entirely within federal waters required. expanded area, and based on public outside of state or local jurisdiction. comment and coordination with NOAA This rule will not have a substantial or H. Regulatory Flexibility Act fisheries, determined to not grant these direct effect on states or local The Regulatory Flexibility Act (RFA) exemptions and to extend existing governments. requires Federal agencies to prepare an fishing regulations into the expansion analysis of a rule’s impact on small areas. E. Executive Order 13175: Consultation and Coordination With Indian Tribal entities whenever the agency is required B. National Environmental Policy Act Governments to publish a rule, unless the head of the In accordance with Section 304(a)(2) agency can certify, pursuant to 5 U.S.C. This Executive Order reaffirms the of the NMSA (16 U.S.C. 1434(a)(2)), and 605(b), that the action will not have a Federal government’s commitment to the provisions of NEPA (42 U.S.C. significant economic impact on a tribal sovereignty, self-determination, 4321–4370), NOAA has prepared a FEIS substantial number of small entities. and self-government. Its purpose is to to evaluate the impacts of this action. Under section 605(b) of the RFA, if the ensure that all Executive departments Because this environmental review head of an agency (or his or her and agencies consult with Indian tribes began before September 14, 2020, which designee) certifies that a rule will not and respect tribal sovereignty as they was the effective date of the have a significant impact on a develop policies on issues that impact amendments to the Council on substantial number of small entities, Indian communities. This action is not Environmental Quality (CEQ) then the agency is not required to anticipated to have substantial direct regulations implementing NEPA (85 FR prepare a regulatory flexibility analysis. effects on one or more Indian tribes, on 43372 (Jul. 16, 2020)), the FEIS was Pursuant to section 605(b), the Chief the relationship between the Federal prepared using the 1978 CEQ NEPA Counsel for Regulations for the Government and Indian tribes, or on the regulations. The Notice of Availability Department of Commerce, through distribution of power and responsibility (December 11, 2020, 85 FR 80093) of the delegation by the head of the agency, between the Federal Government and FGBNMS FEIS is available on the certified to the Office of Advocacy of the Indian tribes. FGBNMS website.18 NEPA reviews Small Business Administration during initiated prior to the effective date of the F. Executive Order 13795: Implementing the proposed rule stage that the 2020 revised CEQ regulations may be an America-First Offshore Energy regulations would not have a significant conducted using the 1978 version of the Strategy economic impact on a substantial regulations. NOAA has also prepared a number of small entities. The factual Executive Order 13795 directs the ROD. Copies of the FEIS and ROD are basis for certification was published in Secretary of Commerce to refrain from available at the address and website the proposed rule (85 FR 25367). No designating or expanding any national listed in the ADDRESSES section of this public comments were received marine sanctuary unless the proposal final rule. regarding this certification. Therefore, a includes a full accounting from the DOI regulatory flexibility analysis was not C. Executive Order 12866: Regulatory of any energy or mineral resource required and none was prepared. Impact potential (including offshore energy I. Paperwork Reduction Act This final rule has been determined to from wind, oil, natural gas, methane be ‘‘significant’’ within the meaning of hydrates, and any other sources that the The existing FGBNMS regulations Executive Order 12866. Details on the Secretary of Commerce deems contain a collection-of-information estimated costs of this rule are appropriate) within the expansion area, requirement subject to the Paperwork discussed in BOEM’s E.O. 13795 report, and the potential impact of the Reduction Act (PRA), approved by The which is available on regulations.gov at expansion on energy or mineral Office of Management and Budget docket NOAA–NOS–2019–033, and resource potential within the designated (OMB), under control number 0648– serves as a substitute for the Regulatory area. On February 25, 2019, BOEM 0141, for collection-of-information for Impact Review (RIR). NOAA provided NOAA with a review of reporting and recordkeeping inadvertently omitted this report in the offshore energy and mineral resource requirements under 15 CFR part 922. public docket for this action when the potential located within the revised This final rule would not increase or NPRM was published. NOAA expansion areas in accordance with otherwise revise the existing paperwork subsequently published a Federal Executive Order 13795. BOEM’s report burdens. Register notice on November 23, 2020 is available at the Supporting Document The public reporting burden for (85 FR 74630), making the RIR available section of the docket identified by national marine sanctuary general for public comments. Refer to section V NOAA–NOS–2019–033, and posted at permit applications is estimated to https://www.regulations.gov/ average 1 hour 30 minutes per 18 https://flowergarden.noaa.gov/management/ document?D=NOAA-NOS-2019-0033- application, including the time for sanctuaryexpansion.html. 1630. reviewing the application instructions,

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searching existing data sources, properties, and afford the Advisory Penalties, Recreation and recreation gathering and maintaining the data Council on Historic Preservation areas, Wildlife. needed, and completing and reviewing (ACHP) a reasonable opportunity to Nicole R. LeBoeuf, the collection of information. For comment. The historic preservation special use permits, a collection-of Acting Assistant Administrator for Ocean review process mandated by Section Services and Coastal Zone Management, information requirement is necessary to 106 is outlined in regulations issued by National Ocean Service. determine whether the activities are ACHP (36 CFR part 800). Pursuant to 36 consistent with the terms and Accordingly, for the reasons set forth CFR 800.16(l)(1), historic properties above, NOAA amends part 922, title 15 conditions of special use permits include: ‘‘any prehistoric or historic prescribed by the NMSA. The public of the Code of Federal Regulations as district, site, building, structure or reporting burden for this collection of follows: object included in, or eligible for information is estimated to average PART 922—NATIONAL MARINE twenty four (24) hours per response inclusion in the National Register of SANCTUARY PROGRAM (application, annual report, and Historic Places maintained by the REGULATIONS financial report), including the time for Secretary of the Interior.’’ The term includes artifacts, records, and remains reviewing instructions, searching ■ 1. The authority citation for part 922 that are related to and located within existing data sources, gathering and continues to read as follows: maintaining the data needed, and such properties. NOAA did not identify completing and reviewing the collection any known historic properties within Authority: 16 U.S.C. 1431 et seq. of information. This estimate does not the boundaries of the Final Preferred Subpart L—Flower Garden Banks include additional time that may be Alternative, and received no public National Marine Sanctuary required should the applicant be comments regarding historic properties required to provide information to in the Final Preferred Alternative ■ 2. Revise § 922.120 to read as follows: NOAA for the preparation of boundaries. documentation that may be required § 922.120 Boundary. under NEPA (16 U.S.C. 1431 et seq.). K. Coastal Zone Management Act The Flower Garden Banks National NOAA determined that this final rule Marine Sanctuary (sanctuary) boundary Section 307 of the Coastal Zone would not appreciably change the encompasses a total area of average annual number of respondents Management Act (CZMA; 16 U.S.C. approximately 121 square nautical miles or the reporting burden for the 1456) requires Federal agencies carrying (160.35 square miles) of offshore ocean information requirements supporting out an activity that would affect any waters, and submerged lands special use or research permits because land or water use or natural resource of thereunder, along the continental shelf few activities requiring new permits are the coastal zone to provide a and shelf edge in the northwestern Gulf expected for the new areas. Much of the consistency determination to the of Mexico. The entire sanctuary research is expected to be conducted by relevant state agencies before final boundary is comprised of 19 unique the sanctuary, and other uses that approval of the agency action. Copies of polygons. The precise boundary require permits are anticipated with the Draft Environmental Impact coordinates for each polygon are listed very low intensity in the proposed Statement were provided to five Gulf in appendix A to this subpart. expansion areas. NOAA also determined Coast States (Texas, Louisiana, ■ 3. In § 922.121, revise the term ‘‘No- that these regulations do not necessitate Alabama, Florida, and Mississippi), activity zone’’ to read as follows: a modification to its information soliciting feedback on reasonably § 922.121 Definitions. collection approval by the Office of foreseeable effects on coastal resources Management and Budget under the * * * * * and uses. Responses were received from No-activity zone (applicable only to Paperwork Reduction Act. Comments Mississippi Department of Marine on this determination were solicited in oil and gas industry activities) means Resources and the Texas General Land the geographic areas delineated by the the proposed rule, and no public Office indicating no objection to the comments were received. Department of the Interior in proposed boundary changes or the DEIS. Notwithstanding any other provision of Topographic Features Stipulations for With this information in addition to law, no person is required to respond to, Outer Continental Shelf (OCS) lease nor shall any person be subject to a analysis provided in the FEIS, NOAA sales as defined by a bathymetric penalty for failure to comply with a determined this action would have no contour (isobath) ranging from 55–85m collection of information subject to the effect on coastal resources. On in depth, with the exception of Stetson requirements of the Paperwork November 16, 2020, NOAA prepared a Bank (52m) and East and West Flower Reduction Act, unless that collection of consistency determination, which was Garden Banks (100m). The Notice to information displays a currently valid submitted to the five Gulf Coast States Lessees (NTL) No. 2009–G39 provides OMB control number. along with the proposed rule. In and consolidates guidance for the response to this request, the five Gulf avoidance and protection of biologically J. National Historic Preservation Act States of Alabama, Florida, Louisiana, sensitive features and areas (i.e. The National Historic Preservation Mississippi, and Texas concurred with topographic features, pinnacles, live Act (NHPA; 16 U.S.C. 470 et seq.) is NOAA’s consistency determination. bottoms (low relief features)) and other intended to preserve historical and potentially sensitive biological features archaeological sites in the United States List of Subjects in 15 CFR Part 922 (PSBFs) when conducting operations in of America. The act created the National water depths shallower than 980 feet Administrative practice and Register of Historic Places, the list of (300 meters) in the Gulf of Mexico. NTL National Historic Landmarks, and the procedure, Coastal zone, Fishing gear, 2009–G39 remains in effect pursuant to State Historic Preservation Offices. Marine resources, Natural resources, NTL No. 2015–N02. The no-activity Section 106 of the NHPA requires zones are based on depth contours as Federal agencies to take into account the noted for the following Banks: Stetson effects of their undertakings on historic Bank (52 meters), MacNeil Bank (82

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meters), Rankin Banks (including 28 § 922.122 Prohibited or otherwise be exempted from the prohibitions in Fathom Bank) (85 meters), Bright Bank regulated activities. paragraphs (a)(2) through (11) of this (85 meters), Geyer Bank (85 meters), * * * * * section by the Director after Elvers Bank (85 meters), McGrail Bank (e)(1) The prohibitions in paragraphs consultation between the Director and (85 meters), Bouma Bank (85 meters), (a)(2) through (11) of this section do not the Department of Defense. If it is Rezak Bank (85 meters), Sidner Bank (85 apply to activities being carried out by determined that an activity may be meters), Sonnier Bank (55 meters), the Department of Defense as of the carried out, such activity shall be Alderdice Bank (80 meters), and Parker effective date of the revised terms of carried out in a manner that minimizes sanctuary designation. Such activities Bank (85 meters). For East and West any adverse impact on Sanctuary shall be carried out in a manner that Flower Garden Banks, the no-activity resources or qualities. minimizes any adverse impact on 1 1 1 * * * * * zones are based on the ‘‘ ⁄4 ⁄4 ⁄4’’ Sanctuary resources or qualities. The aliquot system formerly used by the prohibitions in paragraphs (a)(2) ■ 5. Revise appendix A to subpart L to Department of the Interior, a method through (11) of this section do not apply read as follows: that delineates a specific portion of a to any new activities carried out by the Appendix A to Subpart L of Part 922— block rather than the actual underlying Department of Defense that do not have isobath. The precise aliquot part the potential for any significant adverse Flower Garden Banks National Marine description of these areas around East impact on Sanctuary resources or Sanctuary Boundary Coordinates and West Flower Garden Banks are qualities. Such activities shall be carried Flower Garden Banks National Marine provided in appendix A of this subpart. out in a manner that minimizes any Sanctuary adverse impact on Sanctuary resources ■ 4. Revise § 922.122(e)(1) to read as Coordinates listed in this appendix are or qualities. New activities with the follows: unprojected (Geographic Coordinate System) potential for significant adverse impact and based on the North American Datum of on Sanctuary resources or qualities may 1983 (NAD83).

Polygon ID Point ID No. No. Bank(s) Latitude Longitude

1 ...... 1 ...... Stetson Bank ...... 28.15673 ¥94.29673 2 ...... 1 ...... Stetson Bank ...... 28.15661 ¥94.30312 3 ...... 1 ...... Stetson Bank ...... 28.15862 ¥94.30888 4 ...... 1 ...... Stetson Bank ...... 28.16950 ¥94.30839 5 ...... 1 ...... Stetson Bank ...... 28.17386 ¥94.30257 6 ...... 1 ...... Stetson Bank ...... 28.17583 ¥94.29445 7 ...... 1 ...... Stetson Bank ...... 28.17543 ¥94.29327 8 ...... 1 ...... Stetson Bank ...... 28.17284 ¥94.28952 9 ...... 1 ...... Stetson Bank ...... 28.16924 ¥94.28677 10 ...... 1 ...... Stetson Bank ...... 28.16428 ¥94.28681 11 ...... 1 ...... Stetson Bank ...... 28.16274 ¥94.28756 12 ...... 1 ...... Stetson Bank ...... 28.15796 ¥94.29047 13 ...... 1 ...... Stetson Bank ...... 28.15673 ¥94.29673 1 ...... 2 ...... West Flower Garden Bank ...... 27.84363 ¥93.78549 2 ...... 2 ...... West Flower Garden Bank ...... 27.81750 ¥93.81056 3 ...... 2 ...... West Flower Garden Bank ...... 27.81752 ¥93.84752 4 ...... 2 ...... West Flower Garden Bank ...... 27.83069 ¥93.86271 5 ...... 2 ...... West Flower Garden Bank ...... 27.81735 ¥93.87490 6 ...... 2 ...... West Flower Garden Bank ...... 27.83220 ¥93.89185 7 ...... 2 ...... West Flower Garden Bank ...... 27.85854 ¥93.89369 8 ...... 2 ...... West Flower Garden Bank ...... 27.87925 ¥93.87853 9 ...... 2 ...... West Flower Garden Bank ...... 27.92626 ¥93.82011 10 ...... 2 ...... West Flower Garden Bank ...... 27.92620 ¥93.81759 11 ...... 2 ...... West Flower Garden Bank ...... 27.91801 ¥93.80801 12 ...... 2 ...... West Flower Garden Bank ...... 27.90969 ¥93.77939 13 ...... 2 ...... West Flower Garden Bank ...... 27.88644 ¥93.77939 14 ...... 2 ...... West Flower Garden Bank ...... 27.84363 ¥93.78549 1 ...... 3 ...... Horseshoe Bank ...... 27.82317 ¥93.62789 2 ...... 3 ...... Horseshoe Bank ...... 27.80927 ¥93.63578 3 ...... 3 ...... Horseshoe Bank ...... 27.80568 ¥93.65541 4 ...... 3 ...... Horseshoe Bank ...... 27.79429 ¥93.66555 5 ...... 3 ...... Horseshoe Bank ...... 27.78357 ¥93.68846 6 ...... 3 ...... Horseshoe Bank ...... 27.79640 ¥93.70534 7 ...... 3 ...... Horseshoe Bank ...... 27.81855 ¥93.75198 8 ...... 3 ...... Horseshoe Bank ...... 27.82742 ¥93.74743 9 ...... 3 ...... Horseshoe Bank ...... 27.81868 ¥93.68868 10 ...... 3 ...... Horseshoe Bank ...... 27.83143 ¥93.68941 11 ...... 3 ...... Horseshoe Bank ...... 27.84699 ¥93.70079 12 ...... 3 ...... Horseshoe Bank ...... 27.87165 ¥93.73947 13 ...... 3 ...... Horseshoe Bank ...... 27.88602 ¥93.73294 14 ...... 3 ...... Horseshoe Bank ...... 27.87252 ¥93.64648 15 ...... 3 ...... Horseshoe Bank ...... 27.85861 ¥93.63908 16 ...... 3 ...... Horseshoe Bank ...... 27.82317 ¥93.62789 1 ...... 4 ...... East Flower Garden Bank ...... 27.89455 ¥93.57040 2 ...... 4 ...... East Flower Garden Bank ...... 27.87999 ¥93.61309 3 ...... 4 ...... East Flower Garden Bank ...... 27.88003 ¥93.62961

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Polygon ID Point ID No. No. Bank(s) Latitude Longitude

4 ...... 4 ...... East Flower Garden Bank ...... 27.89330 ¥93.64172 5 ...... 4 ...... East Flower Garden Bank ...... 27.92101 ¥93.64747 6 ...... 4 ...... East Flower Garden Bank ...... 27.95899 ¥93.64490 7 ...... 4 ...... East Flower Garden Bank ...... 27.97485 ¥93.63086 8 ...... 4 ...... East Flower Garden Bank ...... 27.98177 ¥93.60996 9 ...... 4 ...... East Flower Garden Bank ...... 27.98554 ¥93.58188 10 ...... 4 ...... East Flower Garden Bank ...... 27.95206 ¥93.57810 11 ...... 4 ...... East Flower Garden Bank ...... 27.92151 ¥93.56880 12 ...... 4 ...... East Flower Garden Bank ...... 27.89455 ¥93.57040 1 ...... 5 ...... MacNeil Bank ...... 28.00226 ¥93.51550 2 ...... 5 ...... MacNeil Bank ...... 27.99707 ¥93.52669 3 ...... 5 ...... MacNeil Bank ...... 28.00136 ¥93.52423 4 ...... 5 ...... MacNeil Bank ...... 28.00518 ¥93.52425 5 ...... 5 ...... MacNeil Bank ...... 28.01694 ¥93.52233 6 ...... 5 ...... MacNeil Bank ...... 28.01883 ¥93.51264 7 ...... 5 ...... MacNeil Bank ...... 28.03670 ¥93.50300 8 ...... 5 ...... MacNeil Bank ...... 28.03724 ¥93.49844 9 ...... 5 ...... MacNeil Bank ...... 28.03113 ¥93.49199 10 ...... 5 ...... MacNeil Bank ...... 28.01300 ¥93.49624 11 ...... 5 ...... MacNeil Bank ...... 28.00331 ¥93.50725 12 ...... 5 ...... MacNeil Bank ...... 28.00226 ¥93.51550 1 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.92554 ¥93.40593 2 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.92039 ¥93.41021 3 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.92035 ¥93.42474 4 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.91387 ¥93.43165 5 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.90829 ¥93.42234 6 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.90641 ¥93.42535 7 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.90489 ¥93.44219 8 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.89549 ¥93.44396 9 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.88892 ¥93.43403 10 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.88072 ¥93.42805 11 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.87676 ¥93.42787 12 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.88449 ¥93.44458 13 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.88803 ¥93.45159 14 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.88794 ¥93.45905 15 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.89234 ¥93.46410 16 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.89971 ¥93.45571 17 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.90910 ¥93.45343 18 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.92847 ¥93.45335 19 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.93407 ¥93.44743 20 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.93599 ¥93.44215 21 ...... 6 ...... Rankin Bank & 28—Fathom Bank ...... 27.92554 ¥93.40593 1 ...... 7 ...... Bright Bank ...... 27.87310 ¥93.27056 2 ...... 7 ...... Bright Bank ...... 27.86549 ¥93.29462 3 ...... 7 ...... Bright Bank ...... 27.87300 ¥93.31055 4 ...... 7 ...... Bright Bank ...... 27.89058 ¥93.32193 5 ...... 7 ...... Bright Bank ...... 27.89839 ¥93.31987 6 ...... 7 ...... Bright Bank ...... 27.90336 ¥93.30953 7 ...... 7 ...... Bright Bank ...... 27.91010 ¥93.30562 8 ...... 7 ...... Bright Bank ...... 27.91634 ¥93.29292 9 ...... 7 ...... Bright Bank ...... 27.91263 ¥93.28816 10 ...... 7 ...... Bright Bank ...... 27.90354 ¥93.28386 11 ...... 7 ...... Bright Bank ...... 27.90253 ¥93.27238 12 ...... 7 ...... Bright Bank ...... 27.89927 ¥93.26729 13 ...... 7 ...... Bright Bank ...... 27.87310 ¥93.27056 1 ...... 8 ...... Geyer Bank ...... 27.78848 ¥93.07794 2 ...... 8 ...... Geyer Bank ...... 27.79458 ¥93.08448 3 ...... 8 ...... Geyer Bank ...... 27.83313 ¥93.07913 4 ...... 8 ...... Geyer Bank ...... 27.85306 ¥93.08279 5 ...... 8 ...... Geyer Bank ...... 27.86328 ¥93.07885 6 ...... 8 ...... Geyer Bank ...... 27.86908 ¥93.06974 7 ...... 8 ...... Geyer Bank ...... 27.86556 ¥93.05944 8 ...... 8 ...... Geyer Bank ...... 27.85211 ¥93.05391 9 ...... 8 ...... Geyer Bank ...... 27.83713 ¥93.05725 10 ...... 8 ...... Geyer Bank ...... 27.82540 ¥93.04312 11 ...... 8 ...... Geyer Bank ...... 27.82490 ¥93.04276 12 ...... 8 ...... Geyer Bank ...... 27.80846 ¥93.03412 13 ...... 8 ...... Geyer Bank ...... 27.78997 ¥93.04096 14 ...... 8 ...... Geyer Bank ...... 27.78602 ¥93.05384 15 ...... 8 ...... Geyer Bank ...... 27.78848 ¥93.07794 1 ...... 9A ...... Elvers Bank—A ...... 27.82285 ¥92.88605 2 ...... 9A ...... Elvers Bank—A ...... 27.82087 ¥92.88600 3 ...... 9A ...... Elvers Bank—A ...... 27.82009 ¥92.88670

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Polygon ID Point ID No. No. Bank(s) Latitude Longitude

4 ...... 9A ...... Elvers Bank—A ...... 27.81869 ¥92.89235 5 ...... 9A ...... Elvers Bank—A ...... 27.81690 ¥92.89404 6 ...... 9A ...... Elvers Bank—A ...... 27.81615 ¥92.89653 7 ...... 9A ...... Elvers Bank—A ...... 27.80645 ¥92.90884 8 ...... 9A ...... Elvers Bank—A ...... 27.81221 ¥92.92082 9 ...... 9A ...... Elvers Bank—A ...... 27.81599 ¥92.93908 10 ...... 9A ...... Elvers Bank—A ...... 27.81934 ¥92.93940 11 ...... 9A ...... Elvers Bank—A ...... 27.82250 ¥92.92465 12 ...... 9A ...... Elvers Bank—A ...... 27.82809 ¥92.91359 13 ...... 9A ...... Elvers Bank—A ...... 27.83973 ¥92.89876 14 ...... 9A ...... Elvers Bank—A ...... 27.83972 ¥92.88038 15 ...... 9A ...... Elvers Bank—A ...... 27.83003 ¥92.86983 16 ...... 9A ...... Elvers Bank—A ...... 27.82285 ¥92.88605 1 ...... 9B ...... Elvers Bank—B ...... 27.85645 ¥92.92310 2 ...... 9B ...... Elvers Bank—B ...... 27.85662 ¥92.91922 3 ...... 9B ...... Elvers Bank—B ...... 27.85334 ¥92.91631 4 ...... 9B ...... Elvers Bank—B ...... 27.85076 ¥92.91727 5 ...... 9B ...... Elvers Bank—B ...... 27.84903 ¥92.92097 6 ...... 9B ...... Elvers Bank—B ...... 27.85145 ¥92.92524 7 ...... 9B ...... Elvers Bank—B ...... 27.85645 ¥92.92310 1 ...... 10A ...... McGrail Bank—A ...... 27.97684 ¥92.58489 2 ...... 10A ...... McGrail Bank—A ...... 27.97749 ¥92.57716 3 ...... 10A ...... McGrail Bank—A ...... 27.97475 ¥92.56753 4 ...... 10A ...... McGrail Bank—A ...... 27.97304 ¥92.56191 5 ...... 10A ...... McGrail Bank—A ...... 27.95173 ¥92.53902 6 ...... 10A ...... McGrail Bank—A ...... 27.94849 ¥92.54254 7 ...... 10A ...... McGrail Bank—A ...... 27.96632 ¥92.56116 8 ...... 10A ...... McGrail Bank—A ...... 27.96792 ¥92.58152 9 ...... 10A ...... McGrail Bank—A ...... 27.95989 ¥92.58187 10 ...... 10A ...... McGrail Bank—A ...... 27.95409 ¥92.57057 11 ...... 10A ...... McGrail Bank—A ...... 27.94951 ¥92.57135 12 ...... 10A ...... McGrail Bank—A ...... 27.94920 ¥92.57994 13 ...... 10A ...... McGrail Bank—A ...... 27.95846 ¥92.60274 14 ...... 10A ...... McGrail Bank—A ...... 27.97286 ¥92.61901 15 ...... 10A ...... McGrail Bank—A ...... 27.98096 ¥92.60158 16 ...... 10A ...... McGrail Bank—A ...... 27.97684 ¥92.58489 1 ...... 10B ...... McGrail Bank—B ...... 27.94116 ¥92.54750 2 ...... 10B ...... McGrail Bank—B ...... 27.94180 ¥92.54543 3 ...... 10B ...... McGrail Bank—B ...... 27.94010 ¥92.54202 4 ...... 10B ...... McGrail Bank—B ...... 27.93616 ¥92.54151 5 ...... 10B ...... McGrail Bank—B ...... 27.93481 ¥92.54398 6 ...... 10B ...... McGrail Bank—B ...... 27.93529 ¥92.54803 7 ...... 10B ...... McGrail Bank—B ...... 27.93859 ¥92.54901 8 ...... 10B ...... McGrail Bank—B ...... 27.94116 ¥92.54750 1 ...... 11 ...... Bouma Bank ...... 28.07909 ¥92.47305 2 ...... 11 ...... Bouma Bank ...... 28.07370 ¥92.44900 3 ...... 11 ...... Bouma Bank ...... 28.07370 ¥92.44891 4 ...... 11 ...... Bouma Bank ...... 28.06544 ¥92.43518 5 ...... 11 ...... Bouma Bank ...... 28.05162 ¥92.43380 6 ...... 11 ...... Bouma Bank ...... 28.03846 ¥92.44065 7 ...... 11 ...... Bouma Bank ...... 28.03463 ¥92.45289 8 ...... 11 ...... Bouma Bank ...... 28.03114 ¥92.45537 9 ...... 11 ...... Bouma Bank ...... 28.02915 ¥92.46338 10 ...... 11 ...... Bouma Bank ...... 28.03154 ¥92.47259 11 ...... 11 ...... Bouma Bank ...... 28.04166 ¥92.47229 12 ...... 11 ...... Bouma Bank ...... 28.04525 ¥92.46717 13 ...... 11 ...... Bouma Bank ...... 28.04751 ¥92.47310 14 ...... 11 ...... Bouma Bank ...... 28.04676 ¥92.48308 15 ...... 11 ...... Bouma Bank ...... 28.04866 ¥92.48462 16 ...... 11 ...... Bouma Bank ...... 28.05687 ¥92.48145 17 ...... 11 ...... Bouma Bank ...... 28.06388 ¥92.49262 18 ...... 11 ...... Bouma Bank ...... 28.07018 ¥92.49141 19 ...... 11 ...... Bouma Bank ...... 28.06974 ¥92.48613 20 ...... 11 ...... Bouma Bank ...... 28.06594 ¥92.48098 21 ...... 11 ...... Bouma Bank ...... 28.07109 ¥92.47708 22 ...... 11 ...... Bouma Bank ...... 28.07683 ¥92.48071 23 ...... 11 ...... Bouma Bank ...... 28.07909 ¥92.47305 1 ...... 12 ...... Sonnier Bank ...... 28.32652 ¥92.45356 2 ...... 12 ...... Sonnier Bank ...... 28.32495 ¥92.45647 3 ...... 12 ...... Sonnier Bank ...... 28.32501 ¥92.45965 4 ...... 12 ...... Sonnier Bank ...... 28.32796 ¥92.46626 5 ...... 12 ...... Sonnier Bank ...... 28.33523 ¥92.47536 6 ...... 12 ...... Sonnier Bank ...... 28.34453 ¥92.47511

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Polygon ID Point ID No. No. Bank(s) Latitude Longitude

7 ...... 12 ...... Sonnier Bank ...... 28.34840 ¥92.47439 8 ...... 12 ...... Sonnier Bank ...... 28.35256 ¥92.47181 9 ...... 12 ...... Sonnier Bank ...... 28.35416 ¥92.46784 10 ...... 12 ...... Sonnier Bank ...... 28.35456 ¥92.46135 11 ...... 12 ...... Sonnier Bank ...... 28.35351 ¥92.45729 12 ...... 12 ...... Sonnier Bank ...... 28.35174 ¥92.45107 13 ...... 12 ...... Sonnier Bank ...... 28.34852 ¥92.44564 14 ...... 12 ...... Sonnier Bank ...... 28.34303 ¥92.44045 15 ...... 12 ...... Sonnier Bank ...... 28.34048 ¥92.44024 16 ...... 12 ...... Sonnier Bank ...... 28.33584 ¥92.44669 17 ...... 12 ...... Sonnier Bank ...... 28.33068 ¥92.44985 18 ...... 12 ...... Sonnier Bank ...... 28.32652 ¥92.45356 1 ...... 13 ...... Rezak Bank ...... 27.95420 ¥92.36641 2 ...... 13 ...... Rezak Bank ...... 27.95847 ¥92.37739 3 ...... 13 ...... Rezak Bank ...... 27.95629 ¥92.38599 4 ...... 13 ...... Rezak Bank ...... 27.97297 ¥92.39248 5 ...... 13 ...... Rezak Bank ...... 27.97892 ¥92.39845 6 ...... 13 ...... Rezak Bank ...... 27.98869 ¥92.39964 7 ...... 13 ...... Rezak Bank ...... 27.99372 ¥92.38244 8 ...... 13 ...... Rezak Bank ...... 27.98603 ¥92.36697 9 ...... 13 ...... Rezak Bank ...... 27.98022 ¥92.36429 10 ...... 13 ...... Rezak Bank ...... 27.97442 ¥92.36996 11 ...... 13 ...... Rezak Bank ...... 27.96006 ¥92.36854 12 ...... 13 ...... Rezak Bank ...... 27.95420 ¥92.36641 1 ...... 14 ...... Sidner Bank ...... 27.93046 ¥92.36762 2 ...... 14 ...... Sidner Bank ...... 27.91368 ¥92.37398 3 ...... 14 ...... Sidner Bank ...... 27.91462 ¥92.38530 4 ...... 14 ...... Sidner Bank ...... 27.91976 ¥92.39427 5 ...... 14 ...... Sidner Bank ...... 27.92306 ¥92.38792 6 ...... 14 ...... Sidner Bank ...... 27.94525 ¥92.38305 7 ...... 14 ...... Sidner Bank ...... 27.94166 ¥92.37565 8 ...... 14 ...... Sidner Bank ...... 27.94231 ¥92.37189 9 ...... 14 ...... Sidner Bank ...... 27.93046 ¥92.36762 1 ...... 15A ...... Parker Bank—A ...... 27.95067 ¥92.00294 2 ...... 15A ...... Parker Bank—A ...... 27.94177 ¥91.99762 3 ...... 15A ...... Parker Bank—A ...... 27.93547 ¥91.99568 4 ...... 15A ...... Parker Bank—A ...... 27.92937 ¥91.99981 5 ...... 15A ...... Parker Bank—A ...... 27.93224 ¥92.02999 6 ...... 15A ...... Parker Bank—A ...... 27.93401 ¥92.03946 7 ...... 15A ...... Parker Bank—A ...... 27.93958 ¥92.05015 8 ...... 15A ...... Parker Bank—A ...... 27.95012 ¥92.05050 9 ...... 15A ...... Parker Bank—A ...... 27.96214 ¥92.05407 10 ...... 15A ...... Parker Bank—A ...... 27.96630 ¥92.04745 11 ...... 15A ...... Parker Bank—A ...... 27.96869 ¥92.04120 12 ...... 15A ...... Parker Bank—A ...... 27.96925 ¥92.02758 13 ...... 15A ...... Parker Bank—A ...... 27.96678 ¥92.02175 14 ...... 15A ...... Parker Bank—A ...... 27.95067 ¥92.00294 1 ...... 15B ...... Parker Bank—B ...... 27.96082 ¥91.99450 2 ...... 15B ...... Parker Bank—B ...... 27.96432 ¥91.99285 3 ...... 15B ...... Parker Bank—B ...... 27.96566 ¥91.99014 4 ...... 15B ...... Parker Bank—B ...... 27.96385 ¥91.98600 5 ...... 15B ...... Parker Bank—B ...... 27.96149 ¥91.98639 6 ...... 15B ...... Parker Bank—B ...... 27.95931 ¥91.98760 7 ...... 15B ...... Parker Bank—B ...... 27.95824 ¥91.99183 8 ...... 15B ...... Parker Bank—B ...... 27.96082 ¥91.99450 1 ...... 16 ...... Alderdice Bank ...... 28.09726 ¥91.99328 2 ...... 16 ...... Alderdice Bank ...... 28.09474 ¥91.98619 3 ...... 16 ...... Alderdice Bank ...... 28.09569 ¥91.97526 4 ...... 16 ...... Alderdice Bank ...... 28.09184 ¥91.97361 5 ...... 16 ...... Alderdice Bank ...... 28.08410 ¥91.97273 6 ...... 16 ...... Alderdice Bank ...... 28.07506 ¥91.97457 7 ...... 16 ...... Alderdice Bank ...... 28.07053 ¥91.98465 8 ...... 16 ...... Alderdice Bank ...... 28.06959 ¥91.99347 9 ...... 16 ...... Alderdice Bank ...... 28.06819 ¥92.00512 10 ...... 16 ...... Alderdice Bank ...... 28.07026 ¥92.01321 11 ...... 16 ...... Alderdice Bank ...... 28.07562 ¥92.02032 12 ...... 16 ...... Alderdice Bank ...... 28.08058 ¥92.02436 13 ...... 16 ...... Alderdice Bank ...... 28.08463 ¥92.02577 14 ...... 16 ...... Alderdice Bank ...... 28.09024 ¥92.02296 15 ...... 16 ...... Alderdice Bank ...... 28.09487 ¥92.01231 16 ...... 16 ...... Alderdice Bank ...... 28.09627 ¥92.00735 17 ...... 16 ...... Alderdice Bank ...... 28.09507 ¥92.00008 18 ...... 16 ...... Alderdice Bank ...... 28.09726 ¥91.99328

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■ 6. Revise appendix B to subpart L to Point 16 and contains the submerged feature and contains the submerged feature of Bouma read as follows: of Horseshoe Bank with an area of Bank with an area of approximately 5.8 approximately 21.7 square nautical miles square nautical miles (7.7 square miles), Appendix B to Subpart L of Part 922— (28.7 square miles), located approximately located approximately 145 nautical miles Flower Garden Banks National Marine 102 nautical miles (117 miles) southeast of (167 miles) southeast of Galveston, Texas. Sanctuary—Terms of Designation Galveston, Texas. The sanctuary boundary The sanctuary boundary for Polygon 12 for Polygon 4 begins at Point 1 and continues begins at Point 1 and continues in numerical Preamble in numerical order to Point 12 and contains order to Point 18 and contains the submerged Under the authority of title III of the the submerged feature of East Flower Garden feature of Sonnier Bank with an area of Marine Protection, Research, and Sanctuaries Bank with an area of approximately 21.0 approximately 2.3 square nautical miles (3.1 Act, as amended (‘‘the Act’’), 16 U.S.C. 1431 square nautical miles (27.8 square miles), square miles), located approximately 138 et seq., 19 separate unique polygon areas of located approximately 101 nautical miles nautical miles (159 miles) east-southeast of ocean waters and the submerged lands (116 miles) southeast of Galveston, Texas. Galveston, Texas. The sanctuary boundary thereunder, along the continental shelf and The sanctuary boundary for Polygon 5 begins for Polygon 13 begins at Point 1 and shelf edge in the northwestern Gulf of at Point 1 and continues in numerical order continues in numerical order to Point 12 and Mexico, as described in Article II, are hereby to Point 12 and contains the submerged contains the submerged feature of Rezak designated as Flower Garden Banks National feature of MacNeil Bank with an area of Bank with an area of approximately 2.8 Marine Sanctuary for the purposes of approximately 2.1 square nautical miles (2.7 square nautical miles (3.7 square miles), protecting and managing the conservation, square miles), located approximately 103 located approximately 151 nautical miles ecological, recreation, research, education, nautical miles (118 miles) southeast of (174 miles) southeast of Galveston, Texas. historic and aesthetic resources and qualities Galveston, Texas. The sanctuary boundary The sanctuary boundary for Polygon 14 of these areas. for Polygon 6 begins at Point 1 and continues begins at Point 1 and continues in numerical in numerical order to Point 21 and contains order to Point 9 and contains the submerged Article I—Effect of Designation the submerged features of Rankin Bank and feature of Sidner Bank with an area of The Act authorizes the Secretary of 28 Fathom Bank with an area of approximately 1.5 square nautical miles (2.0 Commerce to issue such final regulations as approximately 4.2 square nautical miles (5.6 square miles), located approximately 153 are necessary and reasonable to implement square miles), located approximately 109 nautical miles (177 miles) southeast of the designation, including managing and nautical miles (126 miles) southeast of Galveston, Texas. The sanctuary boundary protecting the conservation, recreational, Galveston, Texas. The sanctuary boundary for Polygon 15A begins at Point 1 and ecological, historical, research, educational, for Polygon 7 begins at Point 1 and continues continues in numerical order to Point 14 and and esthetic resources and qualities of a in numerical order to Point 13 and contains contains part of the submerged feature of sanctuary. Section 1 of Article IV of this the submerged features of Bright Bank with Parker Bank within an area of approximately Designation Document lists those activities an area of approximately 5.8 square nautical 5.2 square nautical miles (6.8 square miles), that may be regulated on the effective date of miles (7.6 square miles), located located approximately 168 nautical miles designation or at some later date in order to approximately 115 nautical miles (133 miles) (194 miles) southeast of Galveston, Texas. protect Sanctuary resources and qualities. southeast of Galveston, Texas. The sanctuary The sanctuary boundary for Polygon 15B Thus, the act of designation empowers the boundary for Polygon 8 begins at Point 1 and begins at Point 1 and continues in numerical Secretary of Commerce to regulate the continues in numerical order to Point 15 and order to Point 8 and also contains part of the activities listed in Section 1. Listing does not contains the submerged feature of Geyer submerged feature of Parker Bank within an necessarily mean that an activity will be Bank within an area of approximately 8.7 area of approximately 0.1 square nautical regulated. However, if an activity is not listed square nautical miles (11.5 square miles), miles (0.2 square miles), located it may not be regulated, except on an located approximately 126 nautical miles approximately 171 nautical miles (197 miles) emergency basis, unless Section 1 of Article (145 miles) southeast of Galveston, Texas. southeast of Galveston, Texas. The sanctuary IV is amended by the same procedures by The sanctuary boundary for Polygon 9A boundary for Polygon 16 begins at Point 1 which the original designation was made. begins at Point 1 and continues in numerical and continues in numerical order to Point 18 order to Point 16 and contains part of the and contains the submerged feature of Article II—Description of the Area submerged feature of Elvers Bank within an Alderdice Bank within an area of The Flower Garden Banks National Marine area of approximately 3.3 square nautical approximately 3.8 square nautical miles (5.0 Sanctuary (Sanctuary) boundary miles (4.4 square miles), located square miles), located approximately 166 encompasses a total area of approximately approximately 134 nautical miles (154 miles) nautical miles (191 miles) east-southeast of 121 square nautical miles (160 square miles) southeast of Galveston, Texas. The sanctuary Galveston, Texas. of offshore ocean waters, and submerged boundary for Polygon 9B begins at Point 1 lands thereunder, along the continental shelf and continues in numerical order to Point 7 Article III—Characteristics of Area That and shelf edge in the northwestern Gulf of and also contains part of the submerged Give it Particular Value Mexico. The entire sanctuary boundary is feature of Elvers Bank within an area of The Sanctuary contains a series of composed of 19 unique polygons. The approximately 0.1 square nautical miles (0.2 underwater features located along the edge of precise boundary coordinates for each square miles), located approximately 133 the continental shelf in the northwestern polygon are listed in appendix A to this nautical miles (153 miles) southeast of Gulf of Mexico. These features are of interest subpart. Galveston, Texas. The sanctuary boundary from both a geological and biological The sanctuary boundary for Polygon 1 for Polygon 10A begins at Point 1 and perspective. Formed primarily as the result of begins at Point 1 and continues in numerical continues in numerical order to Point 16 and the movement of underlying salt deposits order to Point 13 and contains the submerged contains part of the submerged feature of (also called salt domes or salt diapirs), and feature of Stetson Bank with an area of McGrail Bank with an area of approximately bathed by waters of tropical origin, they approximately 1.1 square nautical miles (1.5 3.4 square nautical miles (4.5 square miles), contain important geological features, square miles), located approximately 71 located approximately 142 nautical miles biological habitats and other marine nautical miles (82 miles) south-southeast of (163 miles) southeast of Galveston, Texas. resources of national significance. They Galveston, Texas. The sanctuary boundary The sanctuary boundary for Polygon 10B contain highly productive marine ecosystems for Polygon 2 begins at Point 1 and continues begins at Point 1 and continues in numerical that support a variety of fish and invertebrate in numerical order to Point 14 and contains order to Point 8 and also contains part of the communities of biological and economic the submerged feature of West Flower Garden submerged feature of McGrail Bank with an importance. Bank with an area of approximately 28.0 area of approximately 0.1 square nautical The reefs and banks of the northwestern square nautical miles (37.1 square miles), miles (0.2 square miles), located Gulf of Mexico are structurally complex and located approximately 97 nautical miles (111 approximately 146 nautical miles (168 miles) contain a range of marine habitats, including miles) southeast of Galveston, Texas. The southeast of Galveston, Texas. The sanctuary coral reefs, coralline algal reefs, algal nodule sanctuary boundary for Polygon 3 begins at boundary for Polygon 11 begins at Point 1 beds, mesophotic and deepwater reefs, and Point 1 and continues in numerical order to and continues in numerical order to Point 23 soft bottom communities. The composition,

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diversity and vertical distribution of benthic d. Horseshoe Bank, Depth Range 243ft–614ft fields, a feature not documented in any other communities on the banks are strongly Extensive deepwater habitat and coralline areas of the sanctuary, as well as a previously influenced by the physical environment, algae reefs in the form of hundreds of patchy undescribed species of black coral. including water temperature, turbidity and outcroppings covering an area of j. McGrail Bank, Depth Range 144ft–512ft current regime. Geological features of interest approximately 1.9 miles (3km) wide and Two discreet polygons have been include brine seeps, exposed basalt, methane having 16.4–49.2ft (5–15m) of relief above developed to protect portions of McGrail seeps, and mud volcanoes. East and West the seafloor, with dense assemblages of Flower Garden Banks, the most well-known Bank: A larger claw shaped polygon reaching mesophotic black coral, gorgonians, stony of the features, sustain the northernmost from northwest to southeast, encompassing branching corals, sponges, algae living coral reefs on the U.S. continental 4.54 square miles, and a smaller polygon, invertebrates, and fish; several conical- shelf, considered among the healthiest coral encompassing 0.17 square miles, situated on shaped mud volcanoes clustered near the reefs in the Caribbean and Western Atlantic the southeast of the feature that wraps center of the feature, with one rising 328ft region. A deeper water coral reef also exists around a conical shaped mound. This bank (100m) above the sea floor. at McGrail Bank, consisting primarily of large features unique areas of coral reefs colonies of blushing star coral e. MacNeil Bank, Depth Range 210ft–315ft dominated by large colonies of the blushing (Stephanocoenia intersepta) at depths star coral, Stephanocoenia intersepta, with Deep reef bedrock outcrops and coralline between 140 and 160 feet. These coral reefs 28% live coral cover in discrete areas (no algae patch reefs harboring populations of are isolated from other reef systems by over other known coral reef is dominated by this black corals and gorgonians, sponges, fish, 300 nautical miles (342 miles) and exist species). Pinnacles varying in diameter from and mobile invertebrates. under hydrographic conditions generally ∼80 to 395 feet (24–120 m) and as tall as ∼25 near the northern limit for tropical reef f. Rankin/28 Fathom Banks, Depth Range feet (8 m) are found on the southwest rim of formation. Several other banks, including 164ft–571ft the main feature, along east- and southeast- trending scarps leading away from the bank Stetson, Sonnier, Geyer, and Bright Banks, Rankin Bank is just north of 28 Fathom contain various combinations of non-reef and in concentric fields to the south and Bank, and separated from it by a long trough, building coral species known collectively as southeast of the bank. A significant portion approximately 1,640-foot (500 m) wide, coral communities, comprised of sponges, of the depth zone between 145 and 170 feet approximately 6,070-foot (1,850 m) which stony corals, fire coral, leafy algae and is dominated by coral colonies up to 5 feet extends to a depth of approximately 570ft coralline algae. The deeper portions of the tall, covering an area of approximately 37 (174 m). The boundaries encompass the banks host thriving mid-depth (or acres. At least 14 species of stony corals have shallowest portions of Rankin and 28 Fathom ‘‘mesophotic’’) coral habitats characterized been recorded. Deeper portions of this site Banks, which harbor coral algae reefs and by the presence of both light-dependent and harbor mesophotic coral habitat for deep deep coral reefs with populations of deepwater corals, including black corals, coral, coralline algae reefs, and fields of algal gorgonians, black corals, sponges, and gorgonian corals, and associated organisms. nodules. Dense populations of black corals, Biological communities are distributed associated fish and mobile invertebrates. gorgonians, macro-algae fields, and among several interrelated biotic zones, g. Bright Bank, Depth Range 112ft–384ft associated fish and mobile invertebrates are including a coralline algae zone, deep reef present. Bright Bank previously harbored a coral rocky outcrops, and soft bottom reef on the very shallowest portions of the k. Sonnier Bank, Depth Range 62ft–210ft communities. The complex and biologically bank, which sustained extensive damage productive ecological communities of the Sonnier Bank consists of a series of from salvage and mining activities employing banks offer a combination of aesthetic appeal isolated clusters of pinnacles comprised of dynamite for excavation activities. The cap is and recreational and research opportunity uplifted siltstone and claystone, that rise now considered a coral community, and in matched in few other ocean areas. mostly around the perimeter of a single, spite of these impacts, nine species of The following are qualitative descriptions roughly circular ring 1.9 miles (3.2km) in of the individual reefs and banks within the shallow water scleractinian corals survive, diameter. Two peaks are accessible and Sanctuary; specific boundary coordinates can along with two deeper water species. The popular with recreational scuba divers. The be found in appendix A to this subpart. feature also harbors extensive coralline algae peaks are dominated by coral communities reefs, providing habitat for populations of featuring fire coral, sponges, and algae. The a. Stetson Bank, Depth Range 56ft–194ft gorgonians, black corals, sponges, and deeper portions of the feature are fairly Boundaries encompass a claystone/ associated fish and mobile invertebrates. heavily silted, but provide habitat for black siltstone ring feature of mesophotic coral h. Geyer Bank, Depth Range 128ft–722ft corals, gorgonians, and associated fish and habitat revealed by high resolution mobile invertebrates. multibeam bathymetric surveys, and Geyer Bank is a broad, relatively flat fault- l. Bouma Bank, Depth Range 187ft–322ft subsequently ground-truthed by remotely bounded structure situated on an active salt operated vehicle surveys. These features are diaper. This feature supports a coral Bouma Bank is dominated by coralline surface expressions of the salt dome community, as well as extensive coralline algae reefs and algal nodule fields, providing associated with the feature, and provide algae reefs and fields of algal nodules habitat for populations of black corals, habitat for sponges, gorgonians, stony including dense fields of macro-algae, black gorgonians, algae, branching stony coral, branching corals, black corals, and associated corals, gorgonians, sponges, and associated clusters of cup coral, and associated fish and fish and mobile invertebrates. fish and mobile invertebrates. Seasonal mobile invertebrates. spawning aggregations of fish are associated b. West Flower Garden Bank, Depth Range with this bank, including enormous numbers m. Rezak Bank, Depth Range 197ft–430ft 59ft–545ft of reef butterflyfish. Rezak Bank is dominated by coralline algae reefs and extensive algal nodule fields, Boundaries encompass mesophotic coral i. Elvers Bank, Depth Range 213ft–686ft patch reefs to the north, southwest, and east providing habitat for populations of black of the existing sanctuary. These reefs provide Two discreet polygons have been corals, gorgonians, algae, and associated fish coralline algae reef habitat for black corals, developed to protect portions of Elvers Bank: and mobile invertebrates. gorgonians, stony branching corals, and A larger polygon encompassing 4.43 square associated fish and mobile invertebrates. miles on the south side of the feature, and n. Sidner Bank, Depth Range 190ft–420ft a small polygon, encompassing 0.19 square Dominated by coralline algae reefs and c. East Flower Garden Bank, Depth Range miles on the north side of the feature. The extensive algal nodule fields providing 52ft–446ft shallow areas of the bank feature coralline habitat for populations of black corals, Boundaries to encompass mesophotic coral algae reefs and algal nodule fields, and the gorgonians, algae, sponges, and associated patch reefs to the north and southeast of the deeper areas in the southern polygon harbor fish and mobile invertebrates. existing sanctuary. These reefs provide deep large deep reef outcroppings, both providing coral habitat for dense populations of black habitat for black corals, gorgonians, sponges, o. Alderdice Bank, Depth Range 200ft–322ft corals, gorgonians, stony branching corals, and associated fish and mobile invertebrates. This feature includes spectacular basalt and associated fish and mobile invertebrates. The deep reefs also harbor glass sponge outcrops of Late Cretaceous origin

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(approximately 77 million years old) Section 2. Consistency With International certification of such authorizations and rights representing the oldest rock exposed on the Law (e.g., notifies the Secretary or designee of the continental shelf offshore of Louisiana and Any regulation of activities listed in existence of, requests certification of, and Texas. The outcrops at Alderdice Bank bear Section 1 of this Article will be applied and provides requested information regarding diverse, extremely dense assemblages of enforced as mandated by 16 U.S.C. 1435(a).1 such authorization or right) and complies gorgonians and black corals, sponges, and with any terms and conditions on the swarms of reef fish. Mesophotic coralline Section 3. Emergency Regulations exercise of such authorization or right algae reef habitats below the spires, silted Where necessary to prevent or minimize imposed as a condition of certification by the over in areas, provide habitat for dense the destruction of, loss of, or injury to a Secretary or designee as he or she deems populations of black corals, gorgonians, Sanctuary resource or quality, or minimize necessary to achieve the purposes for which sponges, branching stony corals, fields of the imminent risk of such destruction, loss or the Sanctuary was designated. macro-algae, and associated fish and mobile injury, any and all activities, including those Pending final agency action on the invertebrates. not listed in section 1 of this Article, are certification request, such holder may exercise such authorization or right without p. Parker Bank, Depth Range 187ft–387ft subject to immediate temporary regulation, including prohibition. being in violation of any prohibitions set Two discreet polygons have been forth in the Sanctuary regulations, provided developed to protect portions of Parker Bank. Article V—Effect on Other Regulations, the holder is in compliance with Sanctuary A larger polygon bounding the central Leases, Permits, Licenses, and Rights regulations regarding certifications. portion of the features, encompassing 6.82 Section 1. Fishing Regulations, Licenses, and The prohibitions set forth in the Sanctuary square miles, and a smaller polygon to the Permits regulations shall not apply to any activity east, encompassing 0.14 square miles. These conducted in accordance with the scope, boundaries protect the shallowest portions of The regulation of fishing is authorized purpose, terms, and conditions of the the bank, which harbor coralline algae reefs under Article IV. All regulatory programs National Marine Sanctuary permit issued by and algal nodule fields and support pertaining to fishing, including fishery the Secretary or designee in accordance with populations of plating stony corals, black management plans promulgated under the the Sanctuary regulations. Such permits may corals, gorgonians, sponges, macro-algae, and Magnuson Fishery Conservation and only be issued if the Secretary or designee associated fish and mobile invertebrates. Management Act, 16 U.S.C. 1801 et seq., finds that the activity for which the permit shall remain in effect. Where a valid is applied will: Further research related to Article IV—Scope of Regulations regulation promulgated under these programs Sanctuary resources; further the educational, conflicts with a Sanctuary regulation, the Section 1. Activities Subject to Regulation natural or historical resource value of the regulation deemed by the Secretary of Sanctuary; further salvage or recovery The following activities are subject to Commerce or designee as more protective of operations in or near the Sanctuary in regulation, including prohibition, to the Sanctuary resources and qualities shall connection with a recent air or marine extent necessary and reasonable to ensure the govern. protection and management of the casualty; or assist in managing the Sanctuary. conservation, recreational, ecological, Section 2. Other Licenses, Regulations, and The prohibitions set forth in the sanctuary historical, research, educational and esthetic Permits regulations shall not apply to any activity resources and qualities of the area: If any valid regulation issued by any conducted in accordance with the scope, a. Anchoring or otherwise mooring within Federal authority of competent jurisdiction, purpose, terms, and conditions of a Special the Sanctuary; regardless of when issued, conflicts with a Use permit issued by the Secretary or b. Discharging or depositing, from within Sanctuary regulation, the regulation deemed designee in accordance with section 310 of the boundaries of the Sanctuary, any material by the Secretary of Commerce or designee as the Act. However, in areas where sanctuary or other matter; more protective of Sanctuary resources and regulations prohibit oil, gas, or mineral c. Discharging or depositing, from beyond qualities shall govern. exploration, development or production, the the boundaries of the Sanctuary, any material Pursuant to section 304(c)(1) of the Act, 16 Secretary or designee may in no event, or other matter; U.S.C. 1434(c)(1), no valid lease, permit, permit or otherwise, approve such activities d. Drilling into, dredging or otherwise license, approval, or other authorization in that area. Any leases, licenses, permits, altering the seabed of the Sanctuary; or issued by any Federal authority of competent approvals, or other authorizations issued constructing, placing or abandoning any jurisdiction, or any valid right of subsistence after the effective date of designation structure, material or other matter on the use or access, may be terminated by the authorizing the exploration or production of seabed of the Sanctuary; Secretary of Commerce or designee as a result oil, gas, or minerals in that area shall be e. Exploring for, developing or producing of this designation or as a result of any invalid. oil, gas or minerals within the Sanctuary; Sanctuary regulation if such authorization or Section 3. Department of Defense Activities f. Taking, removing, catching, collecting, right was in existence on the effective date harvesting, feeding, injuring, destroying or of this designation. However, the Secretary of The prohibitions in § 922.122(a)(2) through causing the loss of, or attempting to take, Commerce or designee may regulate the (11) do not apply to activities being carried remove, catch, collect, harvest, feed, injure, exercise of such authorization or right out by the Department of Defense as of the destroy or cause the loss of, a Sanctuary consistent with the purposes for which the effective date of designation. Such activities resource; Sanctuary is designated. shall be carried out in a manner that g. Possessing within the Sanctuary a Accordingly, the prohibitions set forth in minimizes any adverse impact on Sanctuary Sanctuary resource or any other resource, the Sanctuary regulations shall not apply to resources and qualities. The prohibitions in regardless of where taken, removed, caught, any activity authorized by any valid lease, § 922.122(a)(2) through (11) do not apply to collected or harvested, that, if it had been permit, license, approval, or other any new activities carried out by the found within the Sanctuary, would be a authorization in existence on the effective Department of Defense that do not have the Sanctuary resource. date of Sanctuary designation and issued by potential for any significant adverse impact h. Possessing or using within the Sanctuary any Federal authority of competent on Sanctuary resources and qualities. Such any fishing gear, device, equipment or other jurisdiction, or by any valid right of activities shall be carried out in a manner apparatus. subsistence use or access in existence on the that minimizes any adverse impact on i. Possessing or using airguns or explosives effective date of Sanctuary designation, Sanctuary resources and qualities. New or releasing electrical charges within the provided that the holder of such activities with the potential for significant Sanctuary. authorization or right complies with adverse impact on Sanctuary resources and j. Interfering with, obstructing, delaying or Sanctuary regulations regarding the qualities may be exempted from the preventing an investigation, search, seizure prohibitions in § 922.122(a)(2) through (11) of or disposition of seized property in 1 Based on the legislative history of the NMSA, this section by the Director after consultation connection with enforcement of the Act or NOAA has long interpreted the text of 16 U.S.C. between the Director and the Department of any regulation or permit issued under the 1435(a) as encompassing international law, Defense. If it is determined that an activity Act. including customary international law. may be carried out, such activity shall be

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carried out in a manner that minimizes any If CPSC receives such a comment, it will effectiveness of voluntary standards for adverse impact on Sanctuary resources and publish a notice in the Federal Register, durable infant or toddler products and qualities. In the event of threatened or actual withdrawing this direct final rule before adopt mandatory standards for these destruction of, loss of, or injury to a its effective date. The incorporation by products. 15 U.S.C. 2056a(b)(1). The Sanctuary resource or quality resulting from an untoward incident, including but not reference of the publication listed in mandatory standard must be limited to spills and groundings, caused by this rule is approved by the Director of ‘‘substantially the same as’’ the a component of the Department of Defense, the Federal Register as of April 3, 2021. voluntary standard, or may be ‘‘more the cognizant component shall promptly ADDRESSES: You can submit comments, stringent than’’ the voluntary standard, coordinate with the Director for the purpose identified by Docket No. CPSC–2013– if the Commission determines that more of taking appropriate actions to respond to 0025, by any of the following methods: stringent requirements would further and mitigate the harm and, if possible, Electronic Submissions: Submit reduce the risk of injury associated with restore or replace the Sanctuary resource or electronic comments to the Federal the product. Id. quality. eRulemaking Portal at: https:// Section 104(b)(4)(B) of the CPSIA Article VI—Alterations to This Designation www.regulations.gov. Follow the specifies the process for when a The terms of designation may be modified instructions for submitting comments. voluntary standards organization revises only by the same procedures by which the CPSC does not accept comments a standard that the Commission original designation is made, including submitted by electronic mail (email), incorporated by reference under section public hearings; consultation with any except through https:// 104(b)(1). First, the voluntary standards appropriate Federal, State, regional and local www.regulations.gov. CPSC encourages organization must notify the agencies; review by the appropriate you to submit electronic comments by Commission of the revision. Once the Congressional committees; and approval by using the Federal eRulemaking Portal, the Secretary of Commerce or designee. Commission receives this notification, as described above. the Commission may reject or accept the [FR Doc. 2021–00887 Filed 1–15–21; 8:45 am] Mail/hand delivery/courier Written revised standard. The Commission may BILLING CODE 3510–NK–P Submissions: Submit comments by reject the revised standard by notifying mail/hand delivery/courier to: Division the voluntary standards organization of the Secretariat, Consumer Product that it has determined that the revised CONSUMER PRODUCT SAFETY Safety Commission, Room 820, 4330 standard does not improve the safety of COMMISSION East West Highway, Bethesda, MD the consumer product and that it is 20814; telephone: (301) 504–7479. retaining the existing standard. When 16 CFR Part 1223 Alternatively, as a temporary option rejecting a revision, the Commission [Docket No. CPSC–2013–0025] during the COVID–19 pandemic, you must notify the voluntary standards may email such submissions to: cpsc- organization of this determination Revisions to Safety Standard for Infant [email protected]. within 90 days of receiving notice of the Swings Instructions: All submissions must revision. If the Commission does not include the agency name and docket take this action to reject the revised AGENCY: Consumer Product Safety number for this notice. CPSC may post Commission. standard, the revised voluntary standard all comments without change, including will be considered a consumer product ACTION: Direct final rule. any personal identifiers, contact safety standard issued under section 9 information, or other personal SUMMARY: In November 2012, the U.S. of the Consumer Product Safety Act (15 information provided, to: https:// Consumer Product Safety Commission U.S.C. 2058), effective 180 days after the www.regulations.gov. Do not submit (CPSC) published a consumer product Commission received notification of the electronically: Confidential business safety standard for infant swings under revision (or a later date specified by the information, trade secret information, or section 104 of the Consumer Product Commission in the Federal Register). 15 other sensitive or protected information Safety Improvement Act of 2008 U.S.C. 2056a(b)(4)(B). that you do not want to be available to (CPSIA). The standard incorporated by the public. If you wish to submit such 2. Safety Standard for Infant Swings reference the ASTM voluntary standard information, please submit it according that was in effect for infant swings at the Under section 104(b)(1) of the CPSIA, to the instructions for mail/hand time. The CPSIA sets forth a process for the Commission adopted a mandatory delivery/courier written submissions. rule for infant swings, codified in 16 updating mandatory standards for Docket: For access to the docket to durable infant or toddler products that CFR part 1223. The rule incorporated by read background documents or reference ASTM F2088–12a, Standard are based on a voluntary standard, when comments received, go to: https:// a voluntary standards organization Consumer Safety Specification for www.regulations.gov, and insert the Infant Swings, with modifications to the revises the standard. Consistent with the docket number, CPSC–2013–0025, into CPSIA update process, the Commission labeling and test method requirements.1 the ‘‘Search’’ box, and follow the 77 FR 66703 (Nov. 7, 2012). At the time issued a direct final rule in October prompts. 2013, to revise the incorporation by the Commission published the final reference for the mandatory swings FOR FURTHER INFORMATION CONTACT: rule, ASTM F2088–12a was the current standard, to reflect ASTM’S revised Keysha Walker, Compliance Officer, version of the voluntary standard. voluntary standard. Since 2013, ASTM U.S. Consumer Product Safety In April 2013, ASTM notified CPSC has revised the voluntary standard for Commission, 4330 East West Highway, that it had issued a revised standard for infant swings three times. This direct Bethesda, MD 20814; telephone (301) infant swings, ASTM F2088–13. In final rule updates the mandatory 504–6820; email: [email protected]. accordance with the procedures set out standard for infant swings to SUPPLEMENTARY INFORMATION: in section 104(b)(4)(B) of the CPSIA, the revised standard became the new incorporate by reference ASTM’s 2020 A. Background version of the voluntary standard. 1 DATES: 1. Statutory Authority The modifications included changes to the The rule is effective on April 3, required warning label content and a revised test 2021, unless CPSC receives a significant Section 104(b)(1) of the CPSIA method to address an omission in the voluntary adverse comment by February 18, 2021. requires the Commission to assess the standard for toy mobiles attached to swings.

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