42104 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 

Actions to Address Environmental 

Judice in Minority Populations and 

Low-Income Populations, 59 FR 7629 

(Feb. 16, 1994); E.O. 13045, Protection 

of Children from Environmental Health 

Risks and Safety Risks, 62 FR 19885 

(Apr. 21, 1997); E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, 65 FR 

67249 (Nov. 6, 2000); E.O. 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use, 66 FR 28355 (May 

18, 2001); and the National 

Environmental Policy Act, 42 U.S.C. 

4321–47. Pursuant to the Paperwork 

Reduction Act, the NTSB has 

determined that there is no new 

requirement for information collection 

associated with this final rule. Pursuant 

to the Congressional Review Act (5 

U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2). 

The NTSB has concluded that this 

final rule neither violates nor requires 

further consideration under those orders 

and statutes. 

List of Subjects in 49 CFR Part 830 

Air transportation, Aircraft accidents, 

Aircraft incidents, Airworthiness 

directives and standards, Aviation 

safety, Drones, Investigations, Reporting 

and recordkeeping requirements, Safety, 

Unmanned aircraft systems. 

Accordingly, for the reasons stated in 

the preamble, the NTSB amends 49 CFR 

part 830 as follows: 

PART 830—NOTIFICATION AND 

REPORTING OF AIRCRAFT 

ACCIDENTS OR INCIDENTS AND 

OVERDUE AIRCRAFT, AND 

PRESERVATION OF AIRCRAFT 

WRECKAGE, MAIL, CARGO, AND 

RECORDS 

■ 1. The authority citation for part 830 

continues to read as follows: 

Authority: 49 U.S.C. 1101–1155; Pub. L. 

85–726, 72 Stat. 731 (codified as amended at 

49 U.S.C. 40101). 

§ 830.2 [Amended] 

■ 2. Amend § 830.2 in paragraph (2) of 

the definition of ‘‘Unmanned aircraft 

accident’’ by removing the phrase ‘‘has 

a maximum gross takeoff weight of 300 

pounds or greater’’ and adding in its 

place ‘‘holds an airworthiness 

certificate’’. 

Jennifer Homendy, 

Chair. 

[FR Doc. 2022–14872 Filed 7–13–22; 8:45 am] 

BILLING CODE 7533–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 210901–0173] 

Swim With and Approach Regulation 

for Hawaiian Spinner Dolphins Under 

the Marine Mammal Protection Act; 

Ratification of Regulation 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Ratification. 

SUMMARY: NOAA is publishing 

notification of the NOAA 

Administrator’s ratification of a rule. 

DATES: The ratification was signed on 

July 8, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Brindock, NMFS, Pacific Islands 

Region, Deputy Assistant Regional 

Administrator, Protected Resources 

Division, (808) 725–5146; or Trevor 

Spradlin, NMFS, Office of Protected 

Resources, Deputy Chief, Marine 

Mammal and Sea Turtle Conservation 

Division, Office of Protected Resources, 

(301) 427–8402. 

SUPPLEMENTARY INFORMATION: On July 8, 

2022, the Under Secretary of Commerce 

for Oceans and Atmosphere and NOAA 

Administrator, Dr. Richard W. Spinrad, 

ratified a final rule issued by NMFS on 

September 28, 2021, that restricts 

swimming with and approaching 

Hawaiian spinner dolphins within 50 

yards (45.7 m) in designated waters of 

Hawaii, subject to certain exceptions. 

See Swim With and Approach 

Regulation for Hawaiian Spinner 

Dolphins under the Marine Mammal 

Protection Act, 86 FR 53818 (Sept. 28, 

2021) (Approach Rule). NOAA is now 

publishing the ratification in the 

Federal Register out of an abundance of 

caution. Neither the ratification nor the 

publication is a statement that the 

ratified action would be invalid absent 

the ratification, whether published or 

otherwise. 

Appendix 

Ratification 

I, Richard W. Spinrad, hereby declare as 

follows: 

As the Under Secretary of Commerce for 

Oceans and Atmosphere and the National 

Oceanic and Atmospheric Administration 

(NOAA) Administrator, I am affirming and 

ratifying a prior action by the Assistant 

Administrator for NOAA Fisheries, Janet 

Coit. On September 28, 2021, the National 

Marine Fisheries Service (NMFS or NOAA 

Fisheries) published in the Federal Register 

a final rule that restricts swimming with and 

approaching Hawaiian spinner dolphins 

within 50 yards (45.7 m) in designated 

coastal waters of Hawaii, subject to 

designated exceptions. See Swim With and 

Approach Regulation for Hawaiian Spinner 

Dolphins Under the Marine Mammal 

Protection Act, 86 FR 53818 (Sept. 28, 2021) 

(Approach Rule). The Approach Rule was 

approved by the Assistant Administrator for 

NOAA Fisheries, Janet Coit, and signed by 

the Deputy Assistant Administrator for 

NOAA Fisheries, Samuel Rauch. Questions 

have been raised in litigation concerning the 

authority of these officials to issue the 

Approach Rule. 

I have the authority to ratify the Approach 

Rule. President Biden appointed me to the 

position of Under Secretary of Commerce for 

Oceans and Atmosphere and NOAA 

Administrator on April 22, 2021, and the 

Senate confirmed my appointment on June 

17, 2021. I was sworn in to office on June 22, 

2021. In my capacity as NOAA 

Administrator, I oversee NOAA, a bureau 

within the Department of Commerce. Among 

other duties, NOAA is responsible for 

implementing various Federal laws that 

provide for the conservation and 

management of protected species and their 

habitats, including the Marine Mammal 

Protection Act (MMPA), 16 U.S.C. 1371, et 

seq., through NMFS, a subunit within NOAA. 

I possess the requisite statutory authority 

under sections 103 and 112 of the MMPA, 

and Department of Commerce Department 

Organization Order 10–15, to promulgate the 

Approach Rule as described below. Pursuant 

to the NOAA Organization Handbook 

Transmittal No. 61, the authority to perform 

functions under the MMPA has been 

redelegated to the Assistant Administrator for 

NOAA Fisheries; however, I retain the 

authority to take any action that is 

redelegated. 

Out of an abundance of caution, and to 

remove any doubt as to its validity, I have 

independently evaluated the Approach Rule 

and the basis for adopting it, and I now 

affirm and ratify the Approach Rule without 

deference to Assistant Administrator Coit’s 

prior decision. I state that I have knowledge 

of the contents, purpose, and requirements of 

the Approach Rule and its rulemaking 

record. I undertake this action based on my 

careful review of the Approach Rule, my 

knowledge of its provisions, and my 

independent judgment that the Approach 

Rule was and remains necessary to protect 

Hawaiian spinner dolphins, a protected 

species under the MMPA, from illegal ‘‘take’’ 

by people wishing to closely swim with or 

approach the species. Pursuant to my 

authority as the NOAA Administrator, and 

based on my independent review of the 

action and the reasons for taking it, I hereby 

affirm and ratify the Approach Rule as of 

September 28, 2021, including all regulatory 

analysis certifications contained therein. 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Rules and Regulations 42105 

This action is taken without prejudice to 

any right to litigate the validity of the 

Approach Rule as approved and published 

on September 28, 2021. Nothing in this 

action is intended to suggest any legal defect 

or infirmity in the approval or publication of 

the Approach Rule. 

Authority: 16 U.S.C. 1361 et seq. 

Dated: July 8, 2022. 

Richard W. Spinrad, 

Under Secretary of Commerce for Oceans and 

Atmosphere and NOAA Administrator. 

[FR Doc. 2022–14973 Filed 7–13–22; 8:45 am] 

BILLING CODE 3510–22–P 


jspears on DSK121TN23PROD with RULES1