Rule2023-21648
Designation of Wisconsin Shipwreck Coast National Marine Sanctuary; Delay of Effectiveness
Primary source
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Published
September 29, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 188 (Friday, September 29, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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, <a href="/cdn-cgi/l/email-protection#dfadaaacacf1b8adbabab19fb1b0bebef1b8b0a9"><span class="__cf_email__" data-cfemail="e99b9c9a9ac78e9b8c8c87a987868888c78e869f">[email protected]</span></a>, 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 <a href="https://nmssanctuaries.blob.core.windows.net/sanctuaries-prod/media/docs/2020-wisconsin-shipwreck-coast-national-marine-sanctuary-designation-final-eis.pdf">https://nmssanctuaries.blob.core.windows.net/sanctuaries-prod/media/docs/2020-wisconsin-shipwreck-coast-national-marine-sanctuary-designation-final-eis.pdf</a>) 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 <a href="https://sanctuaries.noaa.gov/wisconsin/">https://sanctuaries.noaa.gov/wisconsin/</a>, 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]
BILLING CODE 3510-NK-P
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