[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Rules and Regulations]
[Pages 67067-67069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21648]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 922

[Docket No. 230926-0232]
RIN 0648-BG01


Designation of Wisconsin Shipwreck Coast National Marine 
Sanctuary; Delay of Effectiveness

AGENCY: Office of National Marine Sanctuaries (ONMS), National Oceanic 
and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION: Final rule; delay of effectiveness.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
designated the Wisconsin Shipwreck Coast National Marine Sanctuary 
(WSCNMS) on June 23, 2021, and the final rule became effective on 
August 16, 2021. However, as discussed in the final rule, the provision 
that prohibits grappling into or anchoring on shipwreck sites 
(grappling and anchoring provision) was to go into effect on October 1, 
2023. This action delays the effectiveness of the grappling and 
anchoring provision of the final rule until October 1, 2024.

DATES: As of September 29, 2023, the stay of Sec.  922.213(a)(2), which 
published at 86 FR 32757, June 23, 2021, is extended until October 1, 
2024.

FOR FURTHER INFORMATION CONTACT: Russ Green, Superintendent, Office of 
National Marine Sanctuaries at 920-459-4425, [email protected], or 
Wisconsin Shipwreck Coast National Marine Sanctuary, One University 
Drive, Sheboygan, WI 53081, Attn: Russ Green, Superintendent.

SUPPLEMENTARY INFORMATION: On June 23, 2021, NOAA published a final 
rule to implement the designation of the WSCNMS (86 FR 32737). The 
designation and regulations became effective on August 16, 2021 (86 FR 
45860; August 17, 2023), although the effectiveness of the provision at 
15 CFR 922.213(a)(2) was stayed until October 1, 2023. As discussed in 
the final rule (86 FR 32737; June 23, 2021), the effectiveness of Sec.  
922.213(a)(2), which prohibits grappling into or anchoring on shipwreck 
sites, was stayed until October 1, 2023, to provide NOAA with adequate 
time to develop a shipwreck mooring program and plan, begin installing 
mooring buoys, and develop best practices for accessing shipwrecks when 
mooring buoys are not present. With this final rule, NOAA is further 
delaying the effectiveness for the prohibition of grappling into or 
anchoring on shipwreck sites for one year, to October 1, 2024.
    Section 922.213(a)(2) prohibits grappling into or anchoring on 
shipwreck sites to protect fragile shipwrecks within the sanctuary from 
damage. The initial two-year delay, and also this thirteen-month 
extension of the effectiveness, is necessary to provide additional time 
for NOAA to develop a shipwreck mooring program, which will include the 
installation of mooring buoy systems and public outreach and education.
    While the prohibition on grappling into or anchoring on shipwreck 
sites is essential to protect shipwrecks from damage, NOAA believes 
this interest should be balanced with the interest of promoting public 
access to the sanctuary. It is important to have permanent mooring 
buoys installed at priority shipwreck sites before the grappling and 
anchoring provision comes into effect, and NOAA needs additional time 
to install buoys.
    NOAA established the initial two-year stay to delay the date of 
effectiveness for Sec.  922.213(a)(2) when it issued the final rule to 
designate and implement regulations for the WSCNMS (86 FR 32737; June 
23, 2021) in response to public comments expressing concerns that the 
prohibition would negatively affect commercial vessels that may need to 
anchor in the sanctuary, and also would limit public access to 
shipwrecks when alternatives to anchoring (i.e., buoys) are not 
available (86 FR 32737, at 42144). NOAA delayed the date of 
effectiveness to allow NOAA time to install buoys and provide education 
on the location of shipwrecks and on how to access shipwrecks using 
other methods.
    Since designation of the sanctuary in August 2021, NOAA has 
identified 19 shipwreck sites for installation of mooring buoys and 
engaged with the Lake Carriers Association to ensure the moorings do 
not impact commercial shipping. NOAA worked with State and Federal 
authorities to obtain required permits, and has awarded contracts to 
purchase various mooring components. NOAA intended to begin installing 
buoys during the summer months of 2023, but was ultimately unable to 
secure ship time from its partners. Buoy installation must occur during 
the summer months on Lake Michigan. Therefore, NOAA must wait until the 
summer season of 2024 to perform this work. This action extends the 
stay to delay the date of effectiveness until October 1, 2024, thus 
giving NOAA the

[[Page 67068]]

necessary additional time to install buoys. During the continuing 
delay, NOAA will minimize risks to shipwrecks by continuing its 
educational outreach efforts.
    NOAA will continue its educational outreach to provide the public 
notice of shipwreck locations and best practices for accessing 
shipwrecks when mooring buoys are not present. All other regulatory 
provisions will remain in effect, including the prohibition on 
altering, destroying, or otherwise injuring any sanctuary resource 
(including shipwrecks) (Sec.  922.213(a)(1)). It also continues to be a 
violation of State law to damage shipwrecks, including damage from 
anchoring.

Classification

A. National Marine Sanctuaries Act

    This action is issued pursuant to the National Marine Sanctuaries 
Act (NMSA), 16 U.S.C. 1431 et seq., the NMSA implementing regulations 
at 15 CFR part 922, and the WSCNMS implementing regulations at 15 CFR 
part 922, subpart T. The provision at 15 CFR 922.213(a)(2) prohibits 
grappling into or anchoring on shipwreck sites.

B. National Environmental Policy Act

    NOAA's Policy and Procedures for Compliance with the National 
Environmental Policy Act (NEPA) and Related Authorities (NOAA 
Administrative Order (NAO) 216-6A and Companion Manual for NAO 216-6A) 
provide that all NOAA major Federal actions be reviewed with respect to 
environmental consequences on the human environment. In the June 2020 
Final Environmental Impact Statement (FEIS) (see https://nmssanctuaries.blob.core.windows.net/sanctuaries-prod/media/docs/2020-wisconsin-shipwreck-coast-national-marine-sanctuary-designation-final-eis.pdf) for the designation of the WSCNMS, NOAA identified a preferred 
action, which was to establish a grappling and mooring program and to 
prohibit the grappling into and anchoring on shipwreck sites throughout 
the sanctuary. NOAA selected this alternative, as finalized in the June 
23, 2021, final rule. The 2020 FEIS specifically stated that the 
provision prohibiting grappling into or anchoring on shipwreck sites 
would lead to beneficial impacts for historical resources and water 
quality resources, and that delaying the effectiveness of the grappling 
and anchoring provision would not cause adverse impacts to the existing 
shipwrecks because existing State regulations already prohibit damaging 
historic shipwrecks sites within the sanctuary area and because all 
other WSCNMS regulatory prohibitions (including the prohibition on 
damaging or injuring sanctuary resources at Sec.  922.213(a)(1)) would 
remain in effect during this postponement. In the FEIS and implementing 
regulations, NOAA also explained that, to help vessels avoid 
inadvertently anchoring on known shipwrecks sites, NOAA will publish 
maps with coordinates of known and estimated shipwreck locations to 
help vessels avoid inadvertently anchoring on known shipwrecks sites.
    Extending the delay of the date of effectiveness an additional year 
does not change NOAA's 2020 FEIS analysis of the environmental impacts 
of the delay. Additionally, NOAA will continue its educational outreach 
to provide the public notice of shipwreck locations and best practices 
for accessing shipwrecks when mooring buoys are not present. NOAA 
further believes there has not been a significant change to the 
environmental conditions, such as changes to the risks to shipwreck 
sites, that would change the potential environmental effects of 
continuing the delay analyzed in the FEIS. NOAA has determined that no 
additional NEPA analysis is required for this action.
    Copies of the FEIS, the record of decision and other related 
materials that are specific to this action are available at https://sanctuaries.noaa.gov/wisconsin/, or by contacting NOAA at the address 
listed in the FOR FURTHER INFORMATION CONTACT section of this final 
rule.

C. Executive Order 12866: Regulatory Impact

    This rule is not to be significant for purposes of Executive Order 
12866, as amended by Executive Order 14094.

D. Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration at the proposed rule stage that the action designating 
the WSCNMS would not have a significant economic impact on a 
substantial number of small entities. The factual basis for this 
certification was discussed in the proposed rule issued on January 9, 
2017 (82 FR 2269, at 22742275). As noted n the June 23, 2021 final rule 
(86 FR 32737, at 32752), the changes from the proposed rule would not 
have an impact on small entities and therefore would not change the 
conclusion of the certification at the proposed rule stage. In 
addition, NOAA did not receive any comments on the certification. 
Therefore, a final regulatory flexibility analysis was not required and 
was not prepared. This action to extend the delay in the effectiveness 
for the provision to prohibit the grappling into or anchoring on 
shipwreck sites similarly does not change the outcome of the 
certification.

E. Administrative Procedures Act

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of the 
National Ocean Service, NOAA, finds good cause to not provide prior 
notice and opportunity for public comment. This action extends the 
delay of the date of effectiveness for Sec.  922.213(a)(2), which 
prohibits grappling into or anchoring on shipwreck sites. NOAA 
originally established the initial two-year stay to delay the date of 
effectiveness for Sec.  922.213(a)(2) when it issued the final rule to 
designate and implement regulations for the WSCNMS (86 FR 32737; June 
23, 2021) in response to public comments expressing concerns that the 
prohibition would negatively affect commercial vessels that may need to 
anchor in the sanctuary, and also would limit public access to 
shipwrecks when alternatives to anchoring (i.e. buoys) are not 
available (86 FR 32737, at 42144). NOAA delayed the date of 
effectiveness to allow NOAA time to install buoys and provide education 
on the location of shipwrecks and on how to access shipwrecks using 
other methods. Buoy installation must occur during the summer months on 
Lake Michigan. NOAA intended to begin installing buoys during the 
summer months of 2023, but was ultimately unable to secure ship time 
from its partners. Therefore, NOAA must wait until the summer season of 
2024 to perform this work. This action extends the delay of the date of 
effectiveness until October 1, 2024, thus giving NOAA the necessary 
additional time to install buoys. During the continuing delay, NOAA 
will minimize risks to shipwrecks by continuing its educational 
outreach efforts. Providing notice and opportunity for public comment 
under the Administrative Procedure Act for the extension of the delay 
of the effectiveness would serve no useful purpose because and the 
continued delay in effectiveness is consistent with the public comments 
already received. This delay in the date of effectiveness also supports 
the public interest in accessing shipwrecks. For these reasons, we find 
for good cause that notice and public procedure are unnecessary and 
contrary to the public interest.

[[Page 67069]]

List of Subjects in 15 CFR Part 922

    Administrative practice and procedure, Coastal zone, Natural 
resources, Historic preservation, Marine resources, National marine 
sanctuaries, Recreation and recreation areas, Shipwrecks.

Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services and Coastal Zone Management, 
National Ocean Service, National Oceanic and Atmospheric 
Administration.
[FR Doc. 2023-21648 Filed 9-28-23; 8:45 am]
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