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(f) Compliance (g) Maintenance or Inspection Program identified in figure 1 to paragraph (g) of this Comply with this AD within the Revision AD. For airplanes that have exceeded the CMR interval, in total flight hours (FHs), for compliance times specified, unless already Within 30 days after the effective date of a required CMR item, the associated task this AD, revise the existing maintenance or done. must be done before further flight after inspection program, as applicable, to revision of the maintenance or inspection incorporate the CMR item information program.

Figure 1 to paragraph (g) - CMR items

CMR item Related MRBR CMR Applicability Task Task description number item number interval APL ENG Operationally check (BITE check) the digital 22-020-00 flight control system (DFCS) speed trim/stab 22-CMR-01 OPC 6,000 FH ALL ALL (MPD number) trim discretes and aileron/elevator actuator availability. Operationally check the stabilizer trim enable 22-030-00 22-CMR-02 OPC 41,000 FH ALL ALL ground path and autopilot arm cutout switch - (MPD number) S272 Pole 2. Operationally check the primary and 27-117-00 27-CMR-09 OPC 12,000 FH ALL ALL secondary aisle stand stabilizer trim cutout (MPD number) switches.

Note 1 to paragraph (g): The CMR tasks DEPARTMENT OF COMMERCE DATES: Effective Date: Pursuant to and intervals specified in figure 1 to section 304(b) of the National Marine paragraph (g) of this AD correspond to the National Oceanic and Atmospheric Sanctuaries Act (NMSA) (16 U.S.C. items identified in Boeing Certification Administration 1434(b)), the designation and Maintenance Requirements Document regulations shall take effect and become D626A011–9–03, dated July 2020. The 15 CFR Part 922 final after the close of a review period information in both sources is identical. of forty-five days of continuous session [Docket No. 210608–0125] (h) Alternative Methods of Compliance of Congress, beginning on the date on (AMOCs) which this federal rulemaking is RIN 0648–BG01 published, unless the Governor of the (1) The Manager, Seattle ACO Branch, State of Wisconsin certifies to the FAA, has the authority to approve AMOCs Wisconsin Shipwreck Coast National Secretary of Commerce during that same for this AD, if requested using the procedures Marine Sanctuary Designation; Final review period that the designation or found in 14 CFR 39.19. In accordance with Regulations 14 CFR 39.19, send your request to your any of its terms is unacceptable, in principal inspector or responsible Flight AGENCY: Office of National Marine which case the designation or any Standards Office, as appropriate. If sending Sanctuaries (ONMS), National Ocean unacceptable term shall not take effect. information directly to the manager of the Service (NOS), National Oceanic and The public can track days on certification office, send it to the attention of Atmospheric Administration (NOAA), Congressional session at the following the person identified in Related Information. Department of Commerce (DOC). website: https://www.congress.gov/days- Information may be emailed to: 9-ANM- ACTION: Final rule. in-session. NOAA will publish an [email protected]. announcement of the effective date of (2) Before using any approved AMOC, SUMMARY: The National Oceanic and the final regulations in the Federal notify your appropriate principal inspector, Atmospheric Administration (NOAA) Register. or lacking a principal inspector, the manager issues final regulations to implement NOAA is staying the effective date of of the responsible Flight Standards Office. the designation of the Wisconsin § 922.213(a)(2), which prohibits Shipwreck Coast National Marine grappling into or anchoring on (i) Related Information Sanctuary (WSCNMS). The shipwreck sites, until October 1, 2023. For more information about this AD, approximately 962 square-mile area The purpose of this stay is detailed in contact Ken Fairhurst, Manager, Systems and encompasses a portion of the waters and Section II of this final rule. Equipment Section, FAA, Seattle ACO submerged lands of Lake Michigan ADDRESSES: Copies of the final Branch, 2200 South 216th St., Des Moines, adjacent to Ozaukee, Sheboygan, environmental impact statement and WA 98198; phone and fax: 206–231–3500; Manitowoc, and Kewaunee Counties. final management plan (FEIS/FMP) email: [email protected]. The area includes a nationally described in this rule and the record of (j) Material Incorporated by Reference significant collection of underwater decision (ROD) are available upon None. cultural resources, including 36 known request to Wisconsin Shipwreck Coast shipwrecks and about 59 suspected National Marine Sanctuary, One Issued on June 9, 2021. shipwrecks. Well preserved by Lake University Drive, Sheboygan, WI 53081, Ross Landes, Michigan’s cold, fresh water, the Attn: Russ Green, Regional Coordinator. Deputy Director for Regulatory Operations, shipwrecks in the WSCNMS possess The FEIS/FMP and Record of Decision Compliance & Airworthiness Division, exceptional historical, archaeological may be viewed and downloaded at Aircraft Certification Service. and recreational value. NOAA and the https://sanctuaries.noaa.gov/wisconsin/. [FR Doc. 2021–13458 Filed 6–21–21; 4:15 pm] State of Wisconsin will co-manage FOR FURTHER INFORMATION CONTACT: Russ BILLING CODE 4910–13–P WSCNMS. Green, Regional Coordinator, Office of

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National Marine Sanctuaries at 920– industry. In the process they brought tourism initiatives within the many 459–4425, [email protected], or hundreds of thousands of people to the communities that have embraced their Wisconsin Shipwreck Coast National Midwest and made possible the centuries-long maritime relationship Marine Sanctuary, One University dramatic growth of the region’s farms, with Lake Michigan, the Great Lakes Drive, Sheboygan, WI 53081, Attn: Russ cities, and industries. The Midwest, and region, and the nation; (c) enhance the Green, Regional Coordinator. indeed the American Nation, could not existing state management program; and SUPPLEMENTARY INFORMATION: have developed with such speed and (d) provide access to NOAA’s extended with such vast economic and social network of scientific expertise and I. Background consequences without the Great Lakes. technological resources, increase The National Marine Sanctuaries Act Twenty-one of the 36 shipwreck sites in research efforts, and provide an (NMSA) (16 U.S.C. 1431 et seq.) the sanctuary are listed on the National umbrella for the coordination of these authorizes the Secretary of Commerce Register of Historic Places. Many of the activities. The national marine (Secretary) to designate and protect as shipwrecks retain an unusual degree of sanctuary will also enhance existing national marine sanctuaries areas of the archeological and architectural integrity, educational initiatives and provide marine or Great Lakes environment that with several vessels nearly intact. Well additional programming and technology are of special national significance due preserved by Lake Michigan’s cold, for K–12, post-graduate, and the general to their conservation, recreational, fresh water, the shipwrecks in the public across the state. ecological, historical, scientific, WSCNMS possess exceptional cultural, archeological, educational, or historical, archaeological and C. Procedural History aesthetic qualities. Day-to-day recreational value. Additional 1. Sanctuary Nomination and Public management of national marine underwater cultural resources, such as Scoping sanctuaries has been delegated by the submerged aircraft, docks, piers, and On December 2, 2014, pursuant to Secretary to the Office of National isolated artifacts also exist, as does the Marine Sanctuaries (ONMS) within the potential for prehistoric (pre-contact) section 304 of the NMSA and the National Oceanic and Atmospheric sites and artifacts. Sanctuary Nomination Process (SNP; 79 Administration (NOAA). The primary FR 33851), Wisconsin Governor Scott B. Need for Action objective of the NMSA is to protect the Walker, on behalf of the State of sanctuary system’s biological and Establishing a national marine Wisconsin; the cities of Two Rivers, cultural resources, such as marine sanctuary in Wisconsin waters will Manitowoc, Sheboygan, and Port ecosystem, marine animals, historic complement and supplement existing Washington; and the counties of shipwrecks, and archaeological sites. state-led preservation efforts, research Ozaukee, Sheboygan, and Manitowoc, programs, and public outreach submitted a nomination asking NOAA A. Wisconsin Shipwreck Coast National initiatives. Threats to the nationally to consider designating this area of Marine Sanctuary significant underwater cultural Wisconsin’s Lake Michigan waters as a The approximately 962 square-mile resources in the area include both national marine sanctuary. The State of area designated as the Wisconsin natural processes and human activities. Wisconsin’s selection of this geographic Shipwreck Coast National Marine In some cases human activities can area for the nomination drew heavily Sanctuary (WSCNMS) encompasses a threaten the long term sustainability of from a 2008 report conducted by the portion of the waters and submerged historic shipwrecks and other Wisconsin History Society and funded lands of Lake Michigan adjacent to underwater cultural resources, and by the Wisconsin Coastal Management Ozaukee, Sheboygan, Manitowoc, and negatively impact their recreational and Program (Wisconsin’s Historic Kewaunee Counties. Principal cities in archaeological value. These negative Shipwrecks: An Overview and Analysis this area include Port Washington, impacts include anchor damage from of Locations for a State/Federal Sheboygan, Manitowoc, and Two visiting dive boats, damage from poorly Partnership with the National Marine Rivers. The boundary includes attached mooring lines, looting of Sanctuary Program, 2008, https:// approximately 82 miles of shoreline and artifacts, movement of artifacts within a www.wisconsinshipwrecks.org/Files/ extends approximately 7 to 16 miles shipwreck site, entanglements of Wisconsins%20Historic%20 from the shoreline, and is entirely remotely-operated vehicle tethers, and Shipwrecks.pdf). located within Wisconsin state waters. entanglements of fishing gear. The nomination also identified The area includes a nationally Additional threats to the national opportunities for NOAA to strengthen significant collection of underwater marine sanctuary’s resources include and expand on resource protection, cultural resources, including 36 known human-introduced invasive mussels and education, and research programs by shipwrecks and approximately 59 the human disturbance and natural State of Wisconsin agencies and in the suspected shipwrecks. The historic deterioration also threaten known and four communities along the Lake shipwrecks in the sanctuary are undiscovered sanctuary resources. Michigan coast. NOAA completed its representative of the vessels that sailed Future discoveries may include newly review of the nomination, and on and steamed on Lake Michigan during uncovered shipwrecks in shallow, February 5, 2015, added the area to the the nineteenth and twentieth centuries, sandy lake bottom, as well as yet-to-be- inventory of nominations that are carrying grain and raw materials east discovered intact shipwrecks the lie in eligible for designation. All nominations and coal, manufactured goods, and deeper areas. submitted to NOAA can be found at people west. During this period Consistent with the community-based http://www.nominate.noaa.gov/ entrepreneurs and shipbuilders on the sanctuary nomination (described nominations/. Great Lakes launched tens of thousands below), the national marine sanctuary On October 7, 2015, NOAA initiated of ships of many different designs. will also: (a) Build on the 30-year the public scoping process with the Sailing schooners, grand palace investment the citizens of Wisconsin publication of the Notice of Intent (NOI) steamers, revolutionary propeller-driven have made in the identification, in the Federal Register (80 FR 60631), passenger ships, and industrial bulk interpretation, and preservation of soliciting public input on the proposed carriers transported materials that were shipwrecks and other maritime designation and informing the public of essential to America’s business and resources; (b) build on state and local the Agency’s intention to prepare a draft

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environmental impact statement (DEIS) II. Changes From Proposed to Final provides stronger opportunities for to evaluate alternatives related to the Regulations marketing and branding. proposed designation of WSCNMS Based on public comments received C. Definition of ‘‘Sanctuary Resource’’ under the NMSA. That announcement between January and March 2017, and ‘‘Shipwreck Site’’ initiated a 90-day public comment internal deliberations, interagency In response to public comments, period during which NOAA solicited consultations, meetings with constituent additional input related to the scale and NOAA revises the definitions of groups, and evaluation of this input ‘‘sanctuary resource’’ and ‘‘shipwreck scope of the proposed sanctuary, with the State of Wisconsin, NOAA has site’’ for clarity. In the proposed rule, including ideas presented in the made the following changes to the NOAA defined ‘‘sanctuary resource’’ as community nomination. The NOI also proposed rule. NOAA has also made ‘‘prehistoric, historic, archaeological, announced NOAA’s intent to fulfill its conforming changes to the FEIS/FMP. and cultural sites and artifacts within responsibilities under the requirements A. Sanctuary Boundary the sanctuary boundary, including but of the National Historic Preservation Act not limited to, all shipwrecks and (NHPA). In response to public comments and related components.’’ With this final In November 2015, NOAA hosted discussions with the state, NOAA chose rule, NOAA deletes ‘‘including but not three public meetings and provided to modify the sanctuary boundary area limited to, all shipwrecks and related additional opportunities for public from 1,075 square miles, as originally components’’ and replaces it with comments through the proposed, to 962 square miles. This new ‘‘including all shipwreck sites,’’ thus www.regulations.gov web portal and by boundary includes 36 known revising the site-specific definition of shipwrecks and the potential for traditional mail. The comment period ‘‘sanctuary resources,’’ located in approximately 59 new sites to be closed January 15, 2016. All comments section 922.211(a)(1), to now mean ‘‘all discovered. Specific changes include: received, through any of these formats, prehistoric, historic, archaeological, and (1) In response to comments raised by were publicly posted on the cultural sites and artifacts within the the commercial shipping industry, www.regulations.gov web portal (see: sanctuary boundary, including all excluding all federally authorized areas https://www.regulations.gov/ shipwreck sites.’’ NOAA made this (navigation channels) from the revision to clarify this sanctuary’s docket?D=NOAA-NOS-2015-0112. The sanctuary; (2) in response to comments public comments submitted during the emphasis on the protection of raised by shoreline property owners and shipwrecks and shipwreck sites, and to scoping process were used by NOAA in certain industry groups and in preparing the proposed sanctuary better align with state definitions. consultation with the State of Additionally, the proposed rule regulations and the draft environmental Wisconsin, using the Low Water Datum broadly defined ‘‘shipwreck site’’ to impact statement and draft management rather than the Ordinary High Water mean any sunken watercraft, its plan (DEIS/DMP) associated with the Mark as the sanctuary’s western/ components, cargo, contents, and proposed sanctuary designation. shoreline boundary; (3) in consultation associated debris field (section 2. Designation Process with the State of Wisconsin, moving the 922.211(a)(2)). However, with this final southern sanctuary boundary northward rule, NOAA revises the definition in On January 9, 2017, NOAA published to approximately 650 feet south of the section 922.211(a)(2) for ‘‘shipwreck a notice in the Federal Register shipwreck Northerner, putting the site’’ by adding ‘‘historic’’ to clarify that announcing the proposed designation of boundary closer to the nominating NOAA is focused on historic approximately 1,075 square miles of community of Port Washington and shipwrecks (i.e., not all shipwrecks, but waters and submerged lands of Lake using a known shipwreck site to those that demonstrate an important Michigan adjacent to Manitowoc, demarcate the sanctuary boundary, role in or relationship with maritime Sheboygan, and Ozaukee counties in the rather than a political boundary (i.e., a history). This addition is specifically State of Wisconsin. (82 FR 2269). NOAA county or city line); and (4) in response added to respond to concerns about also provided public notice of the to public comments, moving the defining recent or contemporary sunken availability of the related DEIS/DMP (82 northern boundary approximately 1.7 craft or objects as sanctuary resources. FR 2269; 82 FR 1733). All three miles northward to include the For the purposes of this rule, ‘‘historic’’ documents (proposed rule, DEIS, and shipwreck America (in Kewaunee takes its definition from ‘‘historical DMP) were prepared in close County). A detailed description of these resource’’ located in section 922.3 of the consultation with the State of boundary modifications can be found in National Marine Sanctuary Program Wisconsin. NOAA opened an 81-day Chapter 3 of the FEIS. NOAA’s response regulations. to these and other public comments can comment period on the proposed rule D. Effective Date of the Regulations on and the DEIS/DMP, which closed on be found in Appendix B of the FEIS and in this document (Section IV). Grappling Into or Anchoring on March 31, 2017. During the public Shipwreck Sites comment period, NOAA held four B. Sanctuary Name As explained above in the DATES public meetings in the Wisconsin cities In the proposed rule, NOAA referred section of this document, NOAA of Algoma, Manitowoc, Sheboygan, and to the proposed sanctuary as the postpones the effective date for the Port Washington. ‘‘Wisconsin-Lake Michigan National regulation that prohibits grappling into All public comments on the proposed Marine Sanctuary (WLMNMS).’’ or anchoring on shipwreck sites until designation are available at https:// However, based on comments received October 1, 2023. The purpose of this www.regulations.gov/docket?D=NOAA- from the public and community postponement is to provide NOAA with NOS-2016-0150. NOAA’s response to partners, NOAA changes the sanctuary adequate time to develop a shipwreck the public comments are included in name with this final rule to Wisconsin mooring program and plan, begin Appendix B of the FEIS, which was Shipwreck Coast National Marine installing mooring buoys, seek input made available on June 5, 2020 (85 FR Sanctuary (WSCNMS), which better from the dive community about the 34625) and in this document (Section describes the purpose of the sanctuary, mooring buoy plan, and develop best IV). and, as indicated by local communities, practices for accessing shipwrecks when

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mooring buoys are not present. During Army Corps of Engineers adjacent to the activities, programs, and permitting this period, NOAA will also work with ports and harbors. The detailed legal programs that can also be updated to stakeholders to explore the concept of sanctuary boundary description is adapt to changing conditions or threats permitting certain prohibited activities included in section 922.210 and the to the sanctuary resources. Any (e.g., allowing divers to attach mooring coordinates are located in 15 CFR part proposed changes to sanctuary lines directly to some shipwreck sites). 922, subpart T, appendix A. regulations or boundaries will be jointly All other regulations will become A map of the area is shown in the coordinated with the state and will be effective as described in the DATES FEIS on page 4, and can also be found subject to public review as mandated by section above. at https://sanctuaries.noaa.gov/ the NMSA and other Federal statutes. wisconsin/. III. Summary of All Final Regulations F. Prohibited and Regulated Activities for WSCNMS D. Definitions 1. Injuring Sanctuary Resources With this final rule, NOAA is NOAA is including a site-specific implementing the following site-specific definition of ‘‘sanctuary resources’’ for The regulations for WSCNMS prohibit regulations for WSCNMS. the WSCNMS to include only the any person from moving, removing, underwater cultural resources found in recovering, altering, destroying, A. Add New Subpart T to Existing this area in accordance with the purpose possessing or otherwise injuring, or National Marine Sanctuary Program of this designation. The definition does attempting to move, remove, recover, Regulations not include biological and ecological alter, destroy, possess or otherwise NOAA amends the National Marine resources of the area. Creating this injure a sanctuary resource. This Sanctuary Program regulations at 15 narrow, site-specific definition requires prohibition supplements existing CFR part 922 by adding a new subpart NOAA to modify the national definition Wisconsin laws that prohibit damaging (subpart T) that contains site-specific of ‘‘sanctuary resource’’ in the national shipwrecks. Wisconsin State statute regulations for the WSCNMS. This regulations at section 922.3 to add an (Wis. Stat. § 44.47), which has been in subpart includes the boundary additional sentence that defines the site- effect since 1991 and is related to description, contains definitions of specific definition for WSCNMS at removing or damaging shipwrecks, common terms used in the new subpart, section 922.211(a). This is similar to the currently applies to the area and will provides a framework for co- approach taken for other national continue to apply to these resources management of the sanctuary, identifies marine sanctuaries, such as Thunder after sanctuary designation. prohibited activities and exceptions, Bay National Marine Sanctuary, that do 2. Grappling Into or Anchoring on a and establishes procedures for not make use of the full national Shipwreck Site certification of existing uses, permitting ‘‘sanctuary resource’’ definition. The otherwise prohibited activities, and WSCNMS definition of ‘‘sanctuary The regulations for WSCNMS prohibit emergency regulation procedures. resources,’’ located in section the use of grappling into or anchoring Several conforming changes are also 922.211(a)(1), means all prehistoric, on shipwreck sites to protect fragile made to the national sanctuary historic, archaeological, and cultural shipwrecks within the sanctuary from regulations as described below. sites and artifacts within the sanctuary damage. To provide the public adequate boundary, including all shipwreck sites. notice of shipwreck locations, NOAA B. Sanctuary Name The term ‘‘shipwreck site’’ is further will prepare and make available The sanctuary name is ‘‘Wisconsin defined as any historic sunken sanctuary maps with known and Shipwreck Coast National Marine watercraft, its components, cargo, suspected shipwreck sites. Shipwreck Sanctuary (WSCNMS).’’ contents, and associated debris field. sites not listed on maps (i.e., new This rule also incorporates and adopts discoveries as they occur) are C. Sanctuary Boundary other common terms defined in the considered sanctuary resources and the NOAA designates a 726 square existing national regulations at section prohibition on anchoring and grappling nautical mile (962 square mile) area of 922.3. One of the common terms still apply. The final management plan Lake Michigan waters off Ozaukee, adopted (without modification) is includes activities related to surveying Sheboygan, Manitowoc, and Kewaunee ‘‘National Marine Sanctuary’’ or the sanctuary area and locating counties of Wisconsin as WSCNMS. The ‘‘Sanctuary,’’ which means an area of additional shipwreck sites. As sanctuary’s western/shoreward the marine environment of special appropriate, NOAA will update the boundary is defined by the Low Water national significance due to its resource maps as new shipwreck sites are found. Datum as defined by the International or human-use values, which is Because NOAA seeks to promote Great Lakes Datum, 1985 (IGLD 1985) as designated as such to ensure its public access, while also ensuring an elevation of 577.5 ft above sea level, conservation and management. sound resource protection, an initial while the lakeward boundary is drawn focus of the sanctuary management plan to include all known shipwrecks E. Co-Management of the Sanctuary will be the installation of permanent between the shipwreck America to the To enhance opportunities and build mooring systems at priority sanctuary north and shipwreck Northerner to the on existing protections, NOAA and the shipwreck sites. The moorings will south. The sanctuary extends State of Wisconsin will collaboratively provide a secure, visible, and approximately 16 miles offshore at its manage the sanctuary. NOAA convenient anchoring point for users, greatest extent. Within this boundary establishes the framework for co- and eliminate the need for grappling. are 36 known shipwrecks, including 21 management at section 922.212 and will NOAA intends to publish guidelines on on the National Register of Historic develop a Memorandum of Agreement best practices for accessing shipwrecks Places. The harbors and marinas of Two (MOA) with the state to provide greater when mooring buoys are not present. Rivers, Manitowoc, Sheboygan, and Port details of co-management. NOAA and An example of a best practice could Washington are not included in the the state may develop additional include instructions on using a sanctuary boundary, nor are federally agreements as necessary that would weighted line and surface float to mark authorized areas (channels). These are provide details on the execution of a wreck for divers to descend and channels that have been dredged by U.S. sanctuary management, such as ascend. This weighted line would not be

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used as an anchoring line; it would need the national regulations at § 922.44 to need for multiple permits and would to be continuously tended and removed include WSCNMS in the list of apply to all proposed prohibitions at before the dive boat left the area. sanctuaries that have site-specific § 922.213. As such, NOAA is amending NOAA is postponing the effective regulations related to emergency the regulatory text at § 922.49 to add date for this prohibition for October 1, regulations, and adds detailed site- reference to subpart T. 2023. The purpose of this postponement specific emergency regulations to the 4. Special Use Permits is to provide NOAA with adequate time WSCNMS regulations at § 922.214. to develop a shipwreck mooring NOAA has the authority under the program and plan, begin installing H. General Permits, Certifications, NMSA to issue special use permits mooring buoys, seek input from the dive Authorizations, and Special Use Permits (SUPs) at national marine sanctuaries as community about the mooring buoy 1. General Permits established by section 310 of the NMSA. plan, and develop best practices for SUPs can be used to authorize specific accessing shipwrecks when mooring The regulations for WSCNMS include activities in a sanctuary if such buoys are not present. During this the authority for NOAA to issue permits authorization is necessary to: (1) period, NOAA will also work with to allow certain activities that would Establish conditions of access to and use stakeholders to explore the concept of otherwise violate the prohibitions listed of any sanctuary resource; or (2) permitting certain prohibited activities and described above. Similar to other promote public use and understanding (e.g., allowing divers to attach mooring national marine sanctuaries, NOAA of a sanctuary resource. The activities lines directly to some shipwreck sites). considers these permits for the purposes that qualify for a SUP are set forth in the All other regulations would remain in of education, research, or management. Federal Register (82 FR 42298; effect during this postponement. To address the above additions to the September 7, 2017). Categories of SUPs ONMS general permit authority for may be changed or added to through 3. Interfering With Investigations WSCNMS, NOAA is amending public notice and comment. NOAA The regulations for WSCNMS prohibit regulatory text in the program-wide would not apply the SUP to activities in interfering with sanctuary enforcement regulations in part 922, subpart E, to place at the time of the WSCNMS activities. This regulation will assist in add references to subpart T, as designation. NOAA’s enforcement of the sanctuary appropriate. NOAA would also add a SUP applications are reviewed to regulations and strengthen sanctuary new § 922.215 in subpart T titled ensure that the activity is compatible management. ‘‘Permit procedures and review criteria’’ with the purposes for which the that would address site-specific permit sanctuary is designated and that the 4. Exemption for Emergencies and Law procedures for WSCNMS. activities carried out under the SUP be Enforcement 2. Certifications conducted in a manner that do not The regulations for WSCNMS exempt destroy, cause the loss of, or injure from the three prohibitions described The regulations for WSCNMS include sanctuary resources. NOAA also above activities that respond to language at section 922.216 describing requires SUP permittees to purchase emergencies that threaten lives, the process by which NOAA may certify and maintain comprehensive general property, or the environment, or are pre-existing authorizations or rights liability insurance, or post an equivalent necessary for law enforcement purposes. within the WSCNMS area. Here the term bond, against claims arising out of pre-existing authorizations or rights G. Emergency Regulations activities conducted under the permit. refers to any leases, permits, licenses, or The NMSA allows NOAA to assess and As part of the designation, NOAA will rights of subsistence use or access in collect fees for the conduct of any have the authority to issue emergency existence on the date of sanctuary activity under a SUP. On November 19, regulations for this sanctuary. designation (see 16 U.S.C. 1434(c); 15 2015, NOAA published public notice Emergency regulations will be used in CFR 922.47). Consistent with this (80 FR 72415) of the methods, formulas limited cases and under specific definition, WSCNMS regulations at and rationale for the calculations it will conditions when there is an imminent section 922.216 states that certification use in order to assess fees associated risk to sanctuary resources and a is the process by which these pre- with SUPs. The fees collected could be temporary prohibition would prevent existing authorizations that violate used to recover the administrative costs the destruction or loss of those sanctuary prohibitions may be allowed of issuing the permit, the cost of resources. NOAA will only issue to continue, and the sanctuary may implementing the permit, monitoring emergency regulations that address an regulate the exercise of the pre-existing costs associated with the conduct of the imminent risk for a fixed amount of authorizations consistent with the activity, and the fair market value of the time for a maximum of 6 months, which purposes for which the sanctuary was use of sanctuary resources. can be extended a single time for not designated. Applications for certifying more than an additional six months. pre-existing authorizations must be I. Other Conforming Amendments Emergency regulations will only be received by NOAA within 180 days of The general regulations in part 922, exempted from notice and comment the Federal Register notice announcing subpart A, and part 922, subpart E, for requirements under Administrative the effective date of the designation. regulations of general applicability are Procedures Act when the agency ‘‘for amended by this action so that the 3. Authorizations good cause finds (and incorporates the regulations are accurate and up-to-date. finding and a brief statement of reasons NOAA may also allow an otherwise The following 10 sections are updated therefor in the rules issued) that notice prohibited activity to occur in the to reflect the increased number of and public procedure thereon are sanctuary, if such activity is specifically sanctuaries or to add subpart T to the impracticable, unnecessary, or contrary authorized by any valid Federal, state, list of sanctuaries: to the public interest.’’ A full or local lease, permit, license, approval, • Section 922.1 Applicability of rulemaking process must be undertaken, or other authorization issued after regulations including a public comment period, to sanctuary designation. Authorization • Section 922.40 Purpose consider making an emergency authority is intended to streamline • Section 922.41 Boundaries regulation permanent. NOAA modifies regulatory requirements by reducing the • Section 922.42 Allowed activities

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• Section 922.43 Prohibited or section referencing pre-existing 2. Comment: NOAA received many otherwise regulated activities authorizations such as a lease, license or comments supporting educational • Section 922.44 Emergency permit is found in section 304(c) of the opportunities for a sanctuary to work regulations NMSA, so the removal of the language with local museums and school districts • Section 922.47 Pre-existing in the Terms of Designation does not to engage people in Wisconsin’s authorizations or rights and change NOAA’s authorities. NOAA will maritime history and the Great Lakes. certifications of pre-existing coordinate with the State of Wisconsin Response: National marine authorizations or rights regarding any such authorization as sanctuaries across the system have • Section 922.48 National Marine specified in § 922.212 of these robust education programs. It is a Sanctuary permits—application regulations regarding co-management of priority for NOAA to educate and procedures and issuance criteria the site. engage people in national marine • Section 922.49 Notification and sanctuaries. The final management plan review of applications for leases, IV. Response to Comments includes strategies and action plans to licenses, permits, approvals, or other During the January 2017 through develop education programs with state authorizations to conduct a prohibited March 31, 2017, public review comment and community partners that will activity period, NOAA received 566 written provide a variety of educational • Section 922.50 Appeals of comments on the DEIS/DMP and experiences. The WSCNMS final administrative action proposed rule. Approximately 400 management plan includes actions that J. Terms of Designation people attended four public meetings support this goal. during the week of March 13, 2017, in 3. Comment: NOAA received many Section 304(a)(4) of the NMSA the Wisconsin towns of Algoma, comments highlighting the opportunity requires that the terms of designation Manitowoc, Sheboygan, and Port for a new sanctuary to promote include the geographic area included Washington, with 75 people providing Wisconsin’s maritime heritage. within the sanctuary; the characteristics verbal comments. Four petitions were Response: The sanctuary designation of the area that give it conservation, submitted with public comments: One is an opportunity to partner with the recreational, ecological, historical, with 163 signatures of individuals State of Wisconsin and communities to research, educational, or aesthetic value; supporting the Wisconsin sanctuary tell the many stories of centuries of and the types of activities that will be proposal exclusively; one with 128 exploration, travel, and commerce on subject to regulation by the Secretary of businesses supporting both the the Great Lakes. The sanctuary provides Commerce to protect these Wisconsin and Maryland (Mallows Bay a platform to share Wisconsin’s stories characteristics. Section 304(a)(4) also National Marine Sanctuary) sanctuary with local, regional, and national specifies that the terms of designation proposals; and two petitions with 51 audiences. The WSCNMS final may be modified only by the same total signatures in opposition to the management plan includes actions that procedures by which the original Wisconsin sanctuary. support this goal. designation was made. For the purposes of managing 4. Comment: NOAA received several NOAA is establishing terms of responses to public comments, NOAA comments by researchers expressing designation that describe the geographic grouped similar comments by theme. interest in partnering with the sanctuary area, resources, and activities as These themes align with the content of on both archaeological and described above. NOAA is adding the the draft proposed rule that identified multidisciplinary projects. terms of designation language as the purposes and needs for a national Response: Across the nation, national appendix B to the WSCNMS regulations marine sanctuary, and the draft marine sanctuaries partner with at 15 CFR part 922, subpart T. management plan that identified the researchers to explore, document, and Upon further examination, NOAA has proposed non-regulatory programs and better understand sanctuary resources. decided to remove Article V., Section 2 sanctuary operations. The themes are NOAA expects to attract and partner from the proposed Terms of identified below, followed by NOAA’s with a variety of researchers in the Designation. NOAA proposed this response. sanctuary, and the final management provision to incorporate the generally plan includes actions that support this prevailing judicial precedent and Positive Impact on Communities goal. regulatory practice that, to the extent Through Tourism, Economic two laws appear to conflict (e.g., two Development, Education, and Research Proposed Sanctuary Boundary laws apply to the same activity), the 1. Comment: NOAA received many 5. Comment: NOAA received many courts or the agencies will attempt to comments supporting the opportunity comments from lakeshore landowners harmonize them to give effect to both for a new sanctuary to promote tourism expressing concern about the proposal laws if possible. See, e.g., Swinomish to coastal communities. Commenters to use the ordinary high water mark Indian Tribal Cmty. v. BNSF Ry. Co., believe that national exposure and (OHWM) as the sanctuary’s western/ 951 F.3d 1142, 1156 (9th Cir. 2020). increased cooperation among the shoreline boundary. The key concerns NOAA has, however, determined that communities will result in increased were: (1) That this boundary choice this proposed provision is not a numbers of visitors to the region. would negatively impact riparian rights fundamental component of the Terms of Response: NOAA agrees that of lakeshore property owners; (2) that Designation (e.g., the establishment of Wisconsin Shipwreck Coast National the proposal would allow public access the sanctuary) or the regulatory scheme Marine Sanctuary (WSCNMS) would to areas below the OHWM where finalized herein. In the face of any create positive impacts to tourism. The riparian owners currently have potential conflicts of federal laws in the partnerships developed between NOAA, exclusive access; (3) that using the waters of the sanctuary, such as where the State of Wisconsin, and the OHWM as the sanctuary’s western a sanctuary prohibition may interfere communities during the nomination and boundary would impact property values with Federal safety laws, NOAA would designation processes will help in because the land would change from work with that agency to ensure that the achieving this goal. The WSCNMS final state to federal ownership; and (4) that, purpose of each law is given fullest management plan includes a strategy more generally, using the OHWM was effect. The remaining language in that and action plan that supports this goal. seen as federal overreach and would

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result in more ‘‘red tape’’ and LWD that resource would still be under should be used as the sanctuary’s permitting. state jurisdiction because all land from western/shoreline boundary. Response: NOAA’s proposal to the OHWM lakeward are state Response: NOAA did not consider designate a national marine sanctuary bottomlands. using the water’s edge for a boundary, recognizes the state’s sovereignty over 6. Comment: Certain industry because it would create a dynamic its waters and submerged lands and stakeholders commented that NOAA ‘‘moving’’ sanctuary boundary where does not change state ownership of should use the low water datum as the cultural resources were variously within public bottomlands; that is, no federal shoreward boundary of the sanctuary to or beyond the sanctuary boundary, ownership of Wisconsin public lands is ensure that the current beneficial depending on lake levels at a given created by the sanctuary designation. practice of beach nourishment using time. NOAA proposes using the LWD as Likewise, NOAA’s proposal to designate dredged materials is continued. the sanctuary’s western/shoreline a national marine sanctuary would not Response: NOAA agrees and proposes boundary. See Comment 5 for more change existing riparian rights of the that the LWD should be used as the information. property owners of Wisconsin, nor sanctuary’s landward boundary. In 9. Comment: NOAA received several would it change state law regarding addition, NOAA recognizes in the FEIS comments stating that the sanctuary’s public access to the area in which several activities important to western/shoreline boundary should be shoreline property owners have commercial shipping, including beach consistent with state law. exclusive access. NOAA proposed the nourishment, and has not proposed Response: As indicated in the DEIS, OHWM in the draft designation because regulations specifically prohibiting use NOAA selected the OHWM as the it would be consistent with the state’s of dredge spoil within the sanctuary. landward boundary as its preferred regulatory boundary. Furthermore, after Beach nourishment using dredge spoil alternative because it was consistent considering public comments about is already regulated by the USACE and with the state’s jurisdiction for using the OHWM as the western/ the State of Wisconsin. NOAA, through managing underwater cultural shoreline sanctuary boundary, NOAA is its co-management arrangement with resources. However, as indicated above now proposing adopting the low water the state and relationship with USACE, in response to Comment 5, NOAA datum (LWD) as that boundary. NOAA intends to coordinate a response if a proposes to use the LWD as the is doing so because the LWD is more particular renourishment project has the sanctuary’s landward boundary. lakeward than the OHWM, and would potential to injure known or suspected Addressing the public’s concern about move the sanctuary boundary ‘‘lower cultural resources within the sanctuary. riparian interests outweighs the benefit down the beach’’ than the OHWM, 7. Comment: NOAA received of an identical shoreline boundary. thereby removing much of the beach comments from industry stakeholders 10. Comment: NOAA received several from NOAA jurisdiction and related stating that certain areas important to comments asking how the establishment riparian rights concerns. of the sanctuary would impact the Notably, the LWD is set at an commercial shipping should be excluded from the sanctuary. NOAA findings of the Wisconsin Supreme elevation of 577.5 feet. The lowest Court case regarding property owner recorded water level on Lake Michigan also received suggested clarifying language to be included in the FEIS on rights (Doemel v. Jantz, 1923). is 576.02 feet. This effectively places the Response: Sanctuary designation the topic of dredging, and questions sanctuary boundary nearly at the all- would not change the interpretation or about the impact of the designation on time low water level mark for Lake application of the Wisconsin Supreme dredging. Michigan. Since riparian owners have Court case (Doemel v. Jantz, 1923). exclusive use of the beach between the Response: To ensure compatible use 11. Comment: NOAA received a few OHWM and the water’s edge, using the with commercial shipping and other comments urging use of a different LWD effectively places the sanctuary activities (such as dredging for boundary, because no shipwrecks come boundary at the most lakeward extent of commercial ship traffic), NOAA in the up to the OHWM. this area as practicable. See Section DEIS excluded the ports, harbors, and Response: Refer to Comment 5 above. 3.3.2 in the final environmental impact marinas of Two Rivers, Manitowoc, This comment is addressed by NOAA statement for a detailed discussion of Sheboygan, and Port Washington from use of the LWD as the sanctuary’s the difference between OHWM and the sanctuary boundary. In the FEIS, western/shoreline boundary. LWD. NOAA has also excluded federally 12. Comment: NOAA received many NOAA realizes that proposing using authorized areas (channels) from the comments supporting Boundary the LWD rather than the OHWM differs sanctuary. Alternative B (1,260 square miles, from its original proposal in that it NOAA also included in Section includes additional waters off leaves a portion of the shoreline (the 3.4.3.3 of the FEIS additional language, Kewaunee County), which was larger area between the OHWM and LWD) as suggested by the USACE, that than NOAA’s preferred alternative in outside of sanctuary management; any specifies the types of activities the DEIS. cultural resources found in this area important to commercial shipping. Response: NOAA’s preferred would not benefit from sanctuary Specifically, ‘‘. . . routine operations boundary alternative includes one resource protection. NOAA and the and maintenance activities such as shipwreck in Kewaunee County State of Wisconsin are not currently dredging, dredge material placement (schooner America), but does not aware of shipwrecks in the sanctuary (nearshore/beach nourishment), and include additional waters off Kewaunee that come up to the OWHM, but breakwater maintenance.’’ Although County. America is listed on the depending on lake levels, it is possible NOAA would not regulate these National Register of Historic Places, that shipwrecks or parts of shipwrecks activities per se, the sanctuary supporting its inclusion in the sanctuary that are currently buried can become prohibition on injuring a sanctuary and the aim of protecting nationally unburied. The Wisconsin Historical resource would ensure that these significant resources. Society has determined that several activities would not negatively impact 13. Comment: NOAA received one undiscovered shipwrecks may lie in the underwater cultural resources. comment stating that Kewaunee County surf zone. If a cultural resource was 8. Comment: NOAA received several should not be included because a discovered between the OHWM and the comments noting that the water’s edge diverse group of stakeholders has not

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been involved to ensure there is no with the State of Wisconsin, chose to commercial vessels, and that NOAA negative impact to the county. The propose a management area that would should publish both the known and commenter noted it would be better to include these potential historic sites and potential locations of shipwreck sites. A see first how the sanctuary impacts the facilitate resource management as these related comment noted that if the no- counties in NOAA’s preferred boundary new sites are discovered. This would anchoring prohibition extends to alternative. ensure that newly discovered sites are undiscovered shipwrecks, shippers Response: Overall, public comments protected and managed under sanctuary might not be able to avoid anchoring on from Kewaunee County were in favor of regulations at the time of discovery. a shipwreck if they do not know where including Kewaunee County. Thunder Bay National Marine Sanctuary it is, and as such, all locations, known Additionally, NOAA held one of its has used this management approach or approximated, should be published public comment meetings in Algoma successfully. The sanctuary area also by NOAA in a format accessible and (located in Kewaunee County), and any reflects what the State of Wisconsin put useful to all mariners. member of the public could comment forth in its nomination to NOAA. Response: Under the proposed via online or mail. Based on an 17. Comment: NOAA received a few regulations, anchoring within the evaluation of public comments and comments expressing concern that it sanctuary is not prohibited. However, discussions with the State of Wisconsin, would expand the boundaries at a later grappling into or anchoring on a NOAA’s preferred boundary includes a time without public input. One shipwreck site (sanctuary resource) is small portion of Kewaunee County comment suggested that the boundary prohibited. This regulation is narrowly waters which contains the county’s only could be expanded inland via Lake worded to protect historic shipwreck known shipwreck (schooner America). Michigan watershed tributaries. sites from anchor damage, while still 14. Comment: NOAA received one Response: If NOAA expanded the allowing anchoring inside the sanctuary comment stating that no formal sanctuary’s boundary in the future, outside of these discrete areas. The comprehensive remote sensing surveys including via Lake Michigan watershed prohibition does not apply to any have been conducted within the tributaries, that would constitute a activity necessary to respond to an proposed boundary, which suggests change in the sanctuary’s terms of emergency threatening life or the more shipwrecks will be found in designation. Under the National Marine environment. Kewaunee County. Consequently, Sanctuaries Act, a change in the terms Existing state regulations already NOAA should consider adding the of designation, including a boundary prohibit damaging historic shipwrecks entire county to the sanctuary boundary. change, would require the same process sites within the area proposed as a Response: Based on historical that was undertaken for designation, sanctuary. To help vessels avoid research by the Wisconsin Historical including public notice and comment, inadvertently anchoring on known Society, NOAA agrees that there is high public hearings, preparation of an shipwrecks sites, NOAA will publish potential for new historic sites to be environmental impact statement, and maps with coordinates of known and discovered in the entirety of waters off review periods for the governor and estimated shipwreck locations. It should Kewaunee County. Refer also to Congress. These statutory requirements be noted that historical research on Comment 12. also include Section 304(b)(1), which shipwrecks yet to be found (potential/ NOAA’s draft environmental impact provides the governor of Wisconsin estimated shipwrecks) only statement published on January 9, 2017, authority to certify that a term of a approximates a potential shipwreck includes a clarification that places the designation, including a proposed location. This information is currently shipwreck Daniel Lyons in Door County boundary expansion, is unacceptable, available via the UW Sea Grant and rather than Kewaunee County, leaving and the expansion of the boundary will Wisconsin Historical Society only one known shipwreck in not take effect in state waters. The State maintained website Kewaunee County (schooner America). of Wisconsin, as a co-manager, would be www.wisconsinshipwrecks.org. NOAA This clarification was made by the involved in all discussions about will work with the state to update and Wisconsin Historical Society when proposed changes. Additionally, NOAA publish this information and share more accurate GPS coordinates of the would follow the procedures of the directly with stakeholders such as the shipwreck became available. Administrative Procedure Act, requiring Lake Carriers’ Association. 15. Comment: NOAA received several that adequate public notice and Additionally, NOAA will prioritize its comments supporting the addition of opportunity for public comment be sonar-based cultural resource surveys in the waters of Door County to the given for new regulations, including areas where commercial shipping sanctuary, now or in the future. boundary changes. vessels are likely to anchor, such as off Response: Because the addition of 18. Comment: NOAA received a few Manitowoc. This will help locate Door County would have been well comments stating that the agency did cultural resources and provide beyond the geographic scope of the not explain why the preferred boundary information useful to both the sanctuary originally nominated area, NOAA chose alternative was selected. One comment and commercial shippers. not to include it in the final boundary. asked if cost was a factor in choosing 20. Comment: NOAA received a 16. Comment: NOAA received several the smaller of the two boundary comment requesting that language be comments asking for clarification on alternatives. added to Section 922.213(b) that not why a large geographic area was Response: Chapter 3 of the DEIS and only considers emergency situations but required for the protection of 37 FEIS provide details regarding NOAA’s adds: ‘‘. . . or anchoring to prevent shipwreck sites. In particular, one analysis of boundary alternatives. Cost unsafe conditions, as determined by the commenter asked why NOAA did not is not a primary factor in NOAA’s vessel’s master and recorded in the propose creating a regulatory area selection of a boundary alternative. vessel’s official log book.’’ around each individual shipwreck. Response: The proposed regulations Response: Research by the Wisconsin Commercial Shipping (Non-Boundary) provide for an exemption from the Historical Society suggests that as many and Fishing prohibitions in unsafe conditions. The as 59 shipwrecks are yet to be 19. Comment: NOAA received several proposed regulations specify, at 15 CFR discovered in the sanctuary. comments that the prohibition on 922.213(b): ‘‘The prohibitions in Consequently, NOAA, in consultation anchoring could be problematic for paragraphs (a)(1) through (3) of this

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section do not apply to any activity fishermen to conduct their fishing For example, one of the proposed necessary to respond to an emergency operations (particularly in ‘‘Zone 3’’). Wisconsin sanctuary regulations, threatening life, property or the Response: Sanctuary regulations and developed in consultation with the State environment . . .’’ As such, NOAA terms of designation are narrowly of Wisconsin, is to prohibit anchoring at believes that anchoring to prevent defined to protect underwater cultural shipwreck sites. While there is no state unsafe conditions is covered under resources, and under the current terms prohibition on this activity, it is a current sanctuary regulations. of designation for WSCNMS, NOAA violation of state law to damage 21. Comment: NOAA received one does not regulate commercial or shipwrecks, including damage from comment expressing concern that if recreational fishing activities. There are anchoring. To facilitate public access to NOAA broadens the scope of the no restrictions on where fishing shipwrecks and to eliminate the need Wisconsin sanctuary beyond maritime activities can occur or what gear for anchoring at these often fragile sites, heritage resources, this would fishermen can use, as long as the fishing NOAA would install moorings at these negatively impact the ability of shippers activities do not injure underwater sites. In this way, the sanctuary to conduct ballast water exchange. cultural resources. NOAA would need strengthens and complements state Response: NOAA is committed to to amend the terms of designation regulations and facilitates public access ensuring that the creation of the through a public process in order to through a combination of regulation and sanctuary would support businesses and regulate commercial and recreational proactive resource protection measures. organizations that use the lake and fishing. Through its ongoing lakebed 26. Comment: NOAA received surrounding ports. NOAA has not mapping surveys, the sanctuary will questions on who enforces sanctuary proposed any regulations prohibiting work with commercial fishermen to regulations, fines associated with ballast water exchange in the sanctuary. identify and share shipwreck locations violations of sanctuary regulations Also, the Coast Guard Authorization Act to help avoid net entanglements. (including how the fines are calculated), of 2015 (Pub. L. 114–120) prevents the examples of fines, and what happens to Coast Guard and U.S. Environmental Definitions, Fines, Enforcement, and the funds NOAA receives from Protection Agency from prohibiting Scope of Regulations violations. ballast water exchange in national 24. Comment: NOAA received a Response: NOAA views law marine sanctuaries in the Great Lakes comment indicating that the definition enforcement as just one aspect of a that protect maritime heritage resources. of sanctuary resource is too broad and sanctuary’s comprehensive resource Ballast water operations would continue could mean any ‘‘debris’’ (e.g., beach management strategy. Developing a plan to facilitate voluntary compliance with as currently conducted. In terms of glass, etc.) along the beach and below future changes to the sanctuary’s scope sanctuary regulations is another element the ordinary high water mark. This beyond underwater cultural resources, of proactive enforcement included in could lead to people being fined for such a change would require a public the proposed sanctuary’s draft gathering such items along the beach. process similar to the original management plan. designation, thereby affording Response: NOAA is proposing the NOAA’s Office of Law Enforcement commercial interests and the public an LWD as the sanctuary’s landward enforces all of NOAA’s natural and opportunity to comment on how any boundary. Consequently, the area cultural resource laws, while also change in the scope might affect ballast between the OHWM and the LWD (i.e., working with the U.S. Coast Guard water exchange. most of the beach area) is not included (USCG) to enforce sanctuary regulations 22. Comment: NOAA received several in the preferred alternative for the in the Great Lakes. comments stating that the sanctuary sanctuary. Under the preferred Violations of federal sanctuary would have a negative impact on alternative, cultural resources found regulations are violations of the NMSA, shipping and could result in businesses along the beach between the OHWM a federal statute. Civil violations are being closed. The comments indicated and the LWD are not subject to the governed under NOAA’s civil procedure that the proposed sanctuary, as a sanctuary regulations, but will remain regulations found at 15 CFR part 904. cultural asset, should not encumber subject to state regulation. NOAA’s Office of General Counsel critical commercial activity related to 25. Comment: One commenter asked assesses civil penalties in accordance maritime transportation into Wisconsin whether NOAA could impose legally with the nature, gravity, and ports and through Wisconsin waters. enforceable restrictions on lake circumstances of a violation. NOAA Current legal navigational practices activities that are currently permissible assesses civil penalties through the should continue to be allowed. by state authorities. issuance of a notice of violation and Response: NOAA’s proposal does not Response: No current state laws assessment of civil penalty (NOVA). include restrictions to shipping. The would be superseded by the proposed NOAA General Counsel publishes its proposal excludes the ports, marinas, national marine sanctuary. The NMSA penalty policy online to provide notice and harbors of Two Rivers, Manitowoc, gives NOAA the authority to manage to the public about how it calculates Sheboygan, and Port Washington from national marine sanctuaries in a manner penalties in any given case and to the sanctuary boundaries to avoid any that complements existing regulatory provide information about a typical unintended consequences of sanctuary authority (16 U.S.C. 1431(b)(2)). Prior to penalty for a given type of violation. designation on those operations. In designation, Section 304(6)(1) of the That information can be found at addition, NOAA is proposing to NMSA provides the governor with https://www.gc.noaa.gov/documents/ eliminate the federally authorized areas authority to certify that the designation Penalty-Policy-CLEAN-June242019.pdf. (channels) from the sanctuary. or terms thereof are unacceptable, and Persons charged with civil violations 23. Comment: Several commenters preclude the designation or terms are entitled to an opportunity for an asked if the sanctuary designation gives thereof from taking effect in state waters administrative hearing before an NOAA the right to regulate commercial (16 U.S.C. 1434(6)(1)). This feature of administrative law judge (ALJ), and may and recreational fishing. One comment the NMSA ensures the harmony of seek reconsideration of the ALJ’s ruling indicated that federal regulations as a federal and state regulations, as well as and appeal of the ALJ decision to the result of sanctuary designation should provides the states with final approval NOAA administrator. Persons may seek not affect the ability of commercial of the designation and its regulations. judicial review of the administrator’s

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decision before a federal district court. 28. Comment: Several comments 32. Comment: A few commenters Criminal violations are referred to the indicated that because NOAA has the suggested that NOAA should not take U.S. Department of Justice for authority to regulate a wide variety of away the public’s right to use metal prosecution. resources through the National Marine detectors. NOAA’s Office of General Counsel Sanctuaries Act, there is concern that in Response: NOAA is not proposing to does not produce an annual report the future NOAA will expand its prohibit metal detecting in the detailing violations and fines levied. authority beyond protecting maritime sanctuary. In addition, the area between However, administrative decisions heritage resources. the OHWM and the LWD (where metal regarding NOAA violations that are Response: Refer to comment 21 above. detecting on the beach would likely take decided by an ALJ and/or decided on 29. Comment: NOAA received a place) is not included in the sanctuary appeal to the NOAA administrator are comment asking what happens if a boundary. published at http://www.gc.noaa.gov/ modern vessel sinks or wrecks in the 33. Comment: One commenter raised enforce-office6.html. sanctuary boundaries. Does the owner of concerns that NOAA would prohibit Under the NMSA (16 U.S.C. 1437(f)), the sunken property get to salvage exploration for and development of amounts received from civil penalties his/her vessel or does this become a minerals or other natural resources in must be used by NOAA in the following sanctuary resource? the proposed sanctuary. Response: NOAA is not proposing to priority order: First, to manage and Response: Current salvage rules and prohibit natural resources exploration improve the sanctuary with respect to regulations would continue to apply and development in the sanctuary. The which the violation occurred that within WSCNMS. A recently sunken regulations are narrowly defined to resulted in the penalty (e.g., used to vessel would not be included in the protect underwater cultural resources. restore any damage to a vessel caused by definition of ‘‘sanctuary resources’’ There are no restrictions to natural violating the anchoring restrictions); which means ‘‘all prehistoric, historic, resources exploration and development second, to pay a reward to a person who archaeological, and cultural sites and as long as these activities do not injure furnishes information leading to the artifacts within the sanctuary boundary, underwater cultural resources or civil penalty; or, third, to manage and including all shipwreck sites.’’ otherwise conflict with regulations improve any other national marine Additionally, ‘‘shipwreck site’’ means specific to WSCNMS. sanctuary. ‘‘any historic sunken watercraft, its 34. Comment: One commenter asked 27. Comment: NOAA received a components, cargo, contents, and if the proposed sanctuary could ever be comment asking about the definition of associated debris field.’’ abandoned or decommissioned. ‘‘interfering with’’ federal investigations NOAA revised the definition in Response: Although the NMSA does and how NOAA would determine if an § 922.211(a)(2) for ‘‘shipwreck site’’ by not contemplate de-designation of a action constitutes interference. adding ‘‘historic’’ to clarify its focus on national marine sanctuary, NOAA Response: The NOAA Office of Law historic shipwrecks (i.e., not all engages closely with the state and Enforcement, along with state officers shipwrecks, but those that demonstrate public to review and revise its sanctuary where authorized under cooperative an important role in or relationship with management plan every five years. The enforcement agreements, monitor maritime history). This addition management plan prioritizes resource compliance and investigates potential specifically responded to concerns management goals and describes actions violations of the NMSA and its about defining recent or contemporary by NOAA and its partners to accomplish regulations. The NMSA specifies the sunken craft or objects as sanctuary them. The plan encompasses all non- authorities of those officers and agents, resources. For the purposes of the final regulatory programming—research, which includes general authorities to rule, ‘‘historic’’ takes its definition from resource protection, education, investigate violations of the statute, ‘‘historical resource’’ located in § 922.3 outreach, volunteers, operations—that regulations, or a permit issued pursuant of the generally applicable sanctuaries protects the cultural resources of the to the NMSA; seize evidence of regulations. sanctuary while supporting responsible violations or sanctuary resources taken 30. Comment: Several commenters uses and enjoyment. A full management in violation of the NMSA; and exercise indicated that shipwrecks are not review process may take two to three other lawful authorities as sworn federal mentioned in the 1972 Marine years and involve several opportunities law enforcement authorities. Sanctuary Protection, Research, and Sanctuaries for public participation through scoping regulations would prohibit interfering Act, so NOAA does not have the and review and comment on a draft and with these investigations. authority to designate a ‘‘shipwreck’’ final plan. The Sanctuary Advisory Violations of the NMSA are primarily sanctuary. Council would have a key role in the handled as civil administrative matters, Response: The NMSA expressly management plan review process. pursuant to the Administrative provides that ‘‘the Secretary may 35. Comment: A few commenters Procedure Act. NOAA assesses civil designate any discrete area of the requested that sanctuary regulations penalties through the issuance of a marine environment as a national protect natural and biological resources NOVA. NOAA’s Office of General marine sanctuary . . . (if) the area is of in the Great Lakes ecosystem. Counsel assesses civil penalties in special national significance due to its Comments suggested regulations to accordance with the nature, gravity, and conservation, recreational, ecological, prevent wastewater discharges, circumstances of a violation. NOAA historical, scientific, cultural, discharge of mercury and other toxic General Counsel publishes its penalty archaeological, educational, or esthetic materials, risks from aging policy on its website to provide notice qualities’’ (16 U.S.C. 1431(a)(2)). infrastructure, spread of invasive to the public as to how it calculates 31. Comment: One commenter species, and other risks to wildlife and penalties in any given case and to requested to know what NOAA means habitat. provide information as to a typical by the term ‘‘lakebottom associated with Response: This is beyond the scope of penalty for a given type of violation. underwater cultural resources.’’ NOAA’s stated need for action, which That information can be found at Response: NOAA did not propose any focused on the protection and https://www.gc.noaa.gov/documents/ regulation containing the language cited interpretation of nationally significant Penalty-Policy-CLEAN-June242019.pdf. by the commenter. underwater cultural resources.

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36. Comment: NOAA received overlaps the boundaries of a restricted Response: Throughout the sanctuary comments asking whether the sanctuary area (R–6903) used by the Volk Field designation process, NOAA worked would create any additional restrictions Combat Readiness Training Center. In closely with the Wisconsin Historical or regulatory requirements related to the unlikely event that the Wisconsin Society, Wisconsin Department of dredging, pier structure maintenance, or Air National Guard or users of R–6903 Natural Resources, Wisconsin Coastal extension of pier structures, and if local would need to conduct some sort of Management Program, Wisconsin entities would require NOAA unconventional and/or kinetic operation Department of Transportation, permission to install a new water intake in R–6903, close coordination with Wisconsin Department of Tourism, line into Lake Michigan or to continue NOAA and the Federal Aviation Wisconsin Public Service Commission, grooming beaches, including areas Administration would be a necessity. and the Wisconsin Public Lands below the OHWM. A related comment Response: NOAA agrees and will Commission. Should NOAA and the requested that all necessary coordinate with the Air National Guard Wisconsin governor ultimately concur maintenance activities regarding Lake to ensure compatible use of the on the designation, both NOAA and the Michigan water intakes should be sanctuary. state would co-manage WSCNMS. allowed to proceed uninhibited within 39. Comment: NOAA received a Furthermore, in national marine the sanctuary boundaries. comment asking if the sanctuary would sanctuaries that include state waters, the Response: WSCNMS regulations are impact municipal lakebed grants. NMSA provides the governor of the narrowly focused on protecting Response: No. The sanctuary proposal state with the opportunity to certify to underwater cultural resources. If an recognizes the state’s sovereignty over the Secretary of Commerce that the activity does not injure these sanctuary its waters and submerged lands, designation or any of its terms is resources, it is not restricted or including any state lakebed leases. unacceptable (i.e., objects), in which prohibited, and does not require a case the designation or the unacceptable sanctuary permit. Dredging, pier Public Review Process, State Legislature term shall not take effect. construction and maintenance, and Involvement, State Role/Authority 42. Comment: Many commenters suggested that a federal government other construction activities are not 40. Comment: NOAA received a program or involvement in Wisconsin is expressly prohibited activities under the comment stating that it did not provide an intrusion into sovereign state waters. proposed regulations. However, should enough time for the public to comment Designation of the sanctuary will result these types of activities violate the and did not provide the public with in the loss of state control of Lake sanctuary prohibition on ‘‘moving, enough information about the proposed removing, recovering, altering, Michigan, and a takeover of both sanctuary. NOAA also received one destroying, possessing, or otherwise management and regulation of the comment asking NOAA to hold a public injuring’’ a resource, they would be Wisconsin waters by the federal session to help the public understand prohibited. government. Activities mentioned in this comment the sanctuary proposal. Response: Wisconsin Shipwreck are already regulated by state and other Response: NOAA held an 81-day Coast National Marine Sanctuary will federal entities. Section 106 of the public comment period, which exceeds not change the ownership or control of National Historic Preservation Act the comment period generally state lands or waters; that is, no loss of requires the State of Wisconsin to recommended under Executive Order state sovereignty will occur as a result identify known and potential historic 12866 and the 45-day required comment of designation of a national marine resources that may be impacted by period for a DEIS under NEPA, to allow sanctuary. The state’s jurisdiction and dredging and other activities that affect the public time to review the proposal rights will be maintained and NOAA the lakebed. NOAA, through its co- and provide comments. NOAA also held will not intrude upon or change existing management arrangement with the state four public meetings to discuss the state or local authorities. All existing and through the consultation proposal and gather public comments. state laws, regulations, and authorities requirement for federal agencies under These meetings were held in four cities will remain in effect. The state will the NMSA Section 304(d), would along the coastal area to ensure public maintain ownership of the shipwrecks coordinate its response, including access. NOAA also published a Federal within the sanctuary. potential permitting and Section 106 Register notice and a website (http:// 43. Comment: NOAA received several consultation, when historic/cultural sanctuaries.noaa.gov/wisconsin/) with comments stating that while the resources may be impacted. the proposed sanctuary information for proposal highlights co-management As for grooming beaches, NOAA the public, meeting NMSA notification with the State of Wisconsin, the proposes to adopt a boundary of the requirements. Additionally, NOAA governor only gains power through LWD, which will effectively exclude issued a press release and received Section 922.214, Emergency beaches from the boundaries of the coverage in the local, regional, and Regulations. NOAA should consider sanctuary. national press. NOAA staff presented at allowing the governor to hold form of a 37. Comment: NOAA received a city council meetings in Two Rivers, veto, or check and balanced action, or comment requesting that it refrain from Sheboygan, Port Washington, and at least part of the leasing or licenses depicting the national marine sanctuary Mequon, and at county council action. on Federal Aviation Administration’s meetings in Sheboygan and Ozaukee Response: The co-management of the aeronautical charts to avoid confusion counties. A timeline of the sanctuary sanctuary provides a number of and misinterpretation of the area by designation process can be found in the opportunities for the State of Wisconsin, general aviation pilots. FAQ section at https:// either through the governor or by state Response: NOAA is not proposing sanctuaries.noaa.gov/wisconsin/. agencies, to participate in the including overflight restrictions as part 41. Comment: NOAA received several management of the sanctuary. For of the sanctuary prohibitions, and not comments asking how the state sanctuaries in state waters, pursuant to proposing that the sanctuary be government is involved in the sanctuary the National Marine Sanctuaries Act depicted on aeronautical charts. designation and how a sanctuary 304(b)(1), whenever a sanctuary is 38. Comment: NOAA received one designation can be done without the proposed to be designated, or the terms comment that the proposed sanctuary state legislature’s involvement. of designation changed, the governor

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has the opportunity to certify to the associated debris field.’’ Debris fields year delay, NOAA will also consider Secretary of Commerce that the associated with shipwrecks sites can guidelines for allowing divers to tie designation or any of its terms is have significant archaeological value, moorings directly on certain shipwrecks unacceptable, in which case the including the existence of fragile ship sites via a no-fee sanctuary permit. designation or the unacceptable term structure and artifacts. By ‘‘associated 49. Comment: NOAA received one shall not take effect. debris field,’’ NOAA means all cultural comment that anchoring outside the The memorandum of agreement material adjacent to a shipwreck site, shipwreck with the ‘‘shot line’’ method between NOAA and the State of but not necessarily contiguous with it. is not practical and it increases the Wisconsin will describe the details of Each shipwreck site is unique, and the dangers of diving. co-management. The governor and state resultant debris field forms through a Response: NOAA recognizes that agencies will have considerable latitude variety of site-specific factors including anchoring outside the wreck and using in shaping the future of the state’s co- depth, circumstances of sinking, and a shot line (a weighted line with surface management framework with NOAA, other factors. As more data are gathered buoy dropped onto a shipwreck site to including the type of regulations that (e.g., through sonar surveys) on mark its location and provide reference would apply to WSCNMS. individual shipwrecks sites and for divers) may be a new practice for 44. Comment: NOAA received a associated debris fields, NOAA will some users and not possible for all comment asking if NOAA does not publish information that helps visitors users. NOAA recognizes, too, that it will ultimately establish a sanctuary, where anchor outside of areas that could be take time to install sanctuary- the factors affecting this decision will be damaged. maintained moorings (see previous published. Will these factors be made a 47. Comment: NOAA received several comment). Consequently, NOAA is part of public record for future comments indicating that divers are a considering allowing users to apply for awareness and decision-making? small percentage of the population, and a sanctuary permit to tie a suitable long- Response: Should NOAA decide not questioned why a sanctuary should be term mooring line directly into some to designate a sanctuary, it would established to serve such a small group. shipwreck sites, which is a common and publish a notice in the Federal Register Response: As demonstrated in many more familiar practice. Among other to withdraw the proposed rule. The sanctuaries, much of the public often resource protection benefits, a no-fee Federal Register notice would describe benefits from the sanctuary through permit would allow the sanctuary to the reasons for NOAA’s decision. diving, kayaking, and snorkeling, as work directly with users to determine 45. Comment: NOAA received a well as through museums, interpretive which shipwrecks are most popular, comment asking if it would ever have displays, websites, formal and informal and thereby prioritize future sanctuary- any accountability to existing state educational programs, enhanced maintained permanent moorings located government lake regulations or laws, tourism opportunities, multidisciplinary adjacent to the shipwreck. specifically those of the Wisconsin research opportunities, and other 50. Comment: NOAA received a few Department of Natural Resources. unique sanctuary-related partnerships comments about who would be in Response: The NMSA gives NOAA and activities. The sanctuary’s final charge of placing mooring buoys, how the authority to manage national marine management plan outlines priorities in early in the season buoys would be sanctuaries in a manner that these areas for the first five years of the placed, if there would be online complements existing regulatory sanctuary’s operation. These priorities resources outlining the status of authority (16 U.S.C. 1431(b)(2)). In a co- substantially expand the public benefit shipwrecks as marked or unmarked, and management framework with a of the sanctuary beyond that of divers. how members of a local community respective state government, NOAA and 48. Comment: NOAA received one could be involved in buoy management. the state would work collaboratively on comment that if NOAA does not install Response: As indicated in the final the proposed sanctuary. A mooring buoys on all shipwrecks, the management plan at Strategy RP–3 memorandum of agreement between prohibition on anchoring will be (Activity 3.1), NOAA will develop a NOAA and the state would ensure that detrimental to public access. five-year plan to develop and begin state and federal authorities are Response: NOAA promotes public implementation of a plan for design, harmonized and coordinated. In access to shipwrecks, and believes this implementation, and maintenance of addition, during the designation process is a fundamental way to increase their mooring buoy system, including and any future changes to the terms of cultural and recreational value. priorities for which shipwrecks to buoy. designation, the governor has the Permanent moorings are an important Activity 3.1 includes an item to ‘‘work authority to certify as unacceptable all resource protection measure that with local dive charters to monitor or parts of the designation, which eliminates the need to grapple or anchor moorings throughout the dive season.’’ prevents the unacceptable terms from into the often fragile sites. This priority Overall, while NOAA will have the lead taking effect in state waters (16 U.S.C. is described in the final management responsibility for the mooring buoys in 1434(b)(1)). plan as Strategy RP–3. the sanctuary, it will work in close NOAA recognizes that it will take cooperation with the state and with Diver Access, Recreational Anchoring, time to install moorings at all local partners. With regard to online Mooring Buoys, and Resource shipwrecks sites, and that some sites status, in time WSCNMS will have a Management (particularly deep sites) create GIS-based map similar to that of 46. Comment: NOAA received one challenges for ideal mooring systems. Thunder Bay National Marine Sanctuary comment about the importance of Consequently, NOAA is proposing a (https://thunderbay.noaa.gov/ NOAA defining what it means to not be two-year delay in the implementation of shipwrecks/mooring_program.html). able to anchor in areas ‘‘associated with the no-anchoring prohibition. During The online tool shows the seasonal a shipwreck.’’ this period, the sanctuary will work status of mooring buoys at shipwreck Response: The definition of with the state, Sanctuary Advisory sites. As indicated in Comment 47, the ‘‘shipwreck site’’ in the WSCNMS Council, a diver working group, and sanctuary will convene a working group regulations at 15 CFR 922.211(a)(2) other relevant stakeholders to develop a to explore how best to implement the means ‘‘any historic sunken watercraft, moorings implementation plan and best mooring buoy plan, which includes the its components, cargo, contents, and practices document. During the two- potential use of volunteers.

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51. Comment: NOAA received several Michigan. Enforcement is one aspect of Other elements of the final comments about the importance of the resource protection strategy as management plan that address increased NOAA providing additional protection indicated in Strategy RP–5 of the final use of sanctuary resources are the to shipwrecks. management plan, which states installation of additional mooring Response: Protecting shipwrecks and ‘‘Develop a plan to increase awareness buoys, and public outreach programs on other underwater cultural resources will of sanctuary regulations and state law the value and fragility of shipwrecks. be a priority of Wisconsin Shipwreck and to enhance law enforcement Appendix 1 of the final management Coast National Marine Sanctuary. As efforts.’’ Since NOAA does not currently plan addresses potential sanctuary described in the final management plan, have enforcement officers in the Great operating budgets and partner there are several ways to accomplish the Lakes, NOAA works with the U.S. Coast contributions. resource protection goal, including Guard to enforce sanctuary regulations. 58. Comment: NOAA received many enhanced regulations, installing NOAA would also work with state comments stating that the State of mooring buoys, engaging with divers partners to explore options for Wisconsin already protects shipwrecks, about best practices for diving, assistance in the enforcement of and that this effort should not be providing general education regarding sanctuary regulations. Developing a duplicated by the federal government. the significance of these resources, and plan to facilitate voluntary compliance Response: NOAA and the state will be enforcing federal and state regulations with sanctuary regulations is another co-managers of the sanctuary and work to address protecting shipwrecks. element of proactive enforcement together to ensure that their efforts are 52. Comment: NOAA received a few included in the sanctuary’s management complementary and not duplicative. comments that people should not be plan. Importantly, this co-management restricted from searching for 56. Comment: NOAA received one arrangement affords opportunities that shipwrecks. comment asking if future maritime neither NOAA nor the state could Response: NOAA is not restricting the archaeological research in the sanctuary realize on its own. As detailed in the ability of the public to search for would be restricted. FEIS (see Chapter 2), designation as a shipwrecks, or proposing requiring a Response: NOAA encourages research national marine sanctuary would sanctuary permit for this activity. and documentation of underwater provide increased resources to carry out 53. Comment: NOAA received several cultural resources, and in many cases the research, education, and law comments stating that there should not can facilitate and act as a partner in enforcement activities necessary to more be any restrictions on access to these activities. NOAA is not restricting comprehensively manage, protect, and shipwrecks. archaeological research, including Phase increase the public benefit of these Response: NOAA is not proposing 1 (searching for shipwrecks) and Phase resources. For example, the sanctuary regulation of, or restrictions on, 2 (documenting shipwrecks) would bring national attention, interest, recreational diving activities within the archaeology. However, given the resources, and partners to the area. The sanctuary, as long as the activities do sanctuary’s proposed prohibition on sanctuary nomination put forth in 2014 not injure sanctuary resources or result injuring/damaging shipwreck sites, by the State of Wisconsin on behalf of in anchoring on or grappling onto a NOAA encourages researchers to obtain several lakeshore communities states shipwreck site. NOAA is not proposing a Phase I archaeology permit from the the reasons the state wanted to partner requiring a permit to dive in the State of Wisconsin, and consult with the with NOAA to protect the shipwrecks. sanctuary. sanctuary superintendent ahead of The sanctuary nomination can be found 54. Comment: NOAA received a few conducting research. For archaeological at https://nominate.noaa.gov/media/ comments asking how locations of projects that will alter a site, or seek to documents/nomination_lake_michigan_ newly discovered shipwrecks would be remove artifacts, both a state and wisconsin.pdf. An example of the types made public. sanctuary permit would be required. of research programs and activities that Response: While it is the intention of Through a programmatic agreement, a national marine sanctuary could the sanctuary to release coordinates of NOAA and the state will seek to provide in Wisconsin can be found in known shipwrecks, NOAA may decide simplify this process. Thunder Bay National Marine to withhold the release of coordinates of 57. Comment: NOAA received several Sanctuary’s 2013 condition report a newly discovered, historically comments stating that the threat to (https://sanctuaries.noaa.gov/science/ significant shipwreck for a period of shipwrecks will increase with increased condition/tbnms/). time so that NOAA and the state can tourism. The commenters asked who 59. Comment: NOAA received a few document the site and its artifacts. would monitor the shipwrecks, how the comments suggesting that shipwrecks Under this scenario, NOAA will use shipwrecks would be protected, and are not threatened to the degree that agency and partner resources (and who would pay for these costs. necessitates NOAA involvement, and possibly volunteers) to document the Response: NOAA believes that that shipwrecks are already preserved site. A newly discovered site may be increasing public access and tourism to by the fresh water of the Great Lakes. particularly fragile or possess a large shipwrecks sites is an important way to Response: While it is true that the number of artifacts, and specific foster awareness, appreciation, and cold, fresh water of the Great Lakes management or monitoring measures ultimately protection of these special preserves shipwrecks better than a would need to be put into place before places. While NOAA encourages public saltwater environment, this alone does site coordinates are published on the access to shipwrecks, we are aware that not negate negative impacts to sanctuary’s website. increased use can result in additional Wisconsin’s shipwrecks. These threats, 55. Comment: NOAA received several pressure to these resources. The final as described in the FEIS (see Chapter 2), comments asking how the sanctuary management plan takes a broad include both natural processes and would actually protect shipwrecks, approach to ensuring that the human activities. Human threats to including whether there is sufficient shipwrecks are protected to the greatest underwater cultural resources include enforcement to protect shipwrecks. extent possible through the resource looting and altering shipwreck sites and Response: The goal of WSCNMS is to protection, education, and research. damaging shipwreck sites by anchoring. comprehensively manage the Monitoring is captured Strategy RP–2 of The proposed final rule for WSCNMS underwater cultural resources of Lake the final management plan. includes a prohibition on the use of

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grappling hooks and anchors at volunteer hours per year at its sites the comment on the 2013 economic shipwreck sites. This prohibition will nationwide. study for Thunder Bay National Marine more directly address damage to 62. Comment: One commenter asked Sanctuary. shipwrecks than the state is able to what would happen if Congress chose to Draft Management Plan, Sanctuary address. Additionally, as steward of not appropriate sufficient funds for the Name, Operations these nationally significant cultural proposed sanctuary’s operations in any resources, NOAA believes that creating given fiscal year? 64. Comment: NOAA received one public awareness and engagement in the Response: The NMSA (16 U.S.C. 1431 comment that NOAA should consider sanctuary through research, education, et seq.) directs NOAA to protect these modifying the goal statement in the and community engagement is an nationally significant areas and their education and outreach plan to include essential means of resource protection ecological and historical resources. A education and dissemination of the and increasing public benefit. program allocation in NOAA’s annual maritime cultural landscape perspective 60. Comment: NOAA received a appropriations typically provides as well as the shipwrecks to be comment asking whether NOAA could funding for the management of all of the protected by the proposed sanctuary, charge new fees (for a permit or national marine sanctuaries. While and that all of the strategies should otherwise) on citizens for lake activities NOAA makes funding decisions for address the maritime cultural that are currently free. each sanctuary based on the ONMS landscape. funding level, program priorities, and Response: NOAA is not proposing to Response: NOAA believes the site needs, it executes the ONMS budget charge any fees on any activity within maritime cultural landscape is an to ensure basic operating costs at all the proposed Wisconsin sanctuary. essential component of interpreting, national marine sanctuaries are met. understanding, and appreciating Funding Economic Impact historic shipwrecks. The final 61. Comment: NOAA received several 63. Comment: NOAA received several management plan contains a strategy comments related to the cost of comments that the economic impact of and two activities aimed at designating a national marine sanctuary. the sanctuary would be limited because characterizing the sanctuary’s maritime The comments included a concern not many people dive, and local cultural landscape. NOAA added a about higher taxes as a result of the museums already do the outreach that reference to maritime cultural designation; a concern that the federal NOAA is proposing. Similarly, NOAA landscapes in the ‘‘Objectives’’ section government does not have sufficient received several comments stating that of the education management plan. As funds to manage the area; a statement the socioeconomic impact study on described by the National Park Service, that federal funds would be better used Thunder Bay National Marine Sanctuary a cultural landscape is a geographic area to protect natural resources; a concern by the University of Michigan does not including cultural and natural that NOAA has not provided a cost or demonstrate positive impacts. The resources, coastal environments, human budget analysis; a comment about commenters asked why NOAA expects communities, and related scenery that is financial accountability; and two positive economic impacts in associated with historic events, questions asking about the sources of Wisconsin. activities, or persons, or exhibits other funding for the sanctuary. Response: As demonstrated at other cultural or aesthetic value. Response: The National Marine national marine sanctuaries, NOAA 65. Comment: NOAA received one Sanctuaries Act (16 U.S.C. Chapter 32) believes that broader public outreach comment stating that NOAA should directs NOAA to protect these and education are also important fund the sanctuary at the $700,000 level nationally significant ecological and resource protection activities, because (as indicated in a summary of potential historical resources. As a federal agency, they increase awareness, appreciation, funding scenarios in Appendix 1 of the appropriations for NOAA programs are and value of our nation’s maritime final management plan), as this would enacted by Congress, and signed into heritage and nationally significant include enough resources to hire an law by the president. An annual historic sites. That sanctuary activities education coordinator and implement allocation for the management of all the aimed at the non-diving public could an education program. national marine sanctuaries is included benefit the region was recognized in the Response: NOAA agrees it is in each annual appropriation. NOAA 2014 sanctuary nomination, which important to implement elements of the makes funding decisions for each indicated that a chief goal for the state Education and Outreach Action Plan. sanctuary based on the funding level, and communities was to leverage the NOAA makes funding decisions based program priorities, and site needs. As a sanctuary to ‘‘Build and expand on state on annual appropriations to the result, funding for a given site can vary and local tourism initiatives and program, which drive decisions for each with fluctuations in annual enhance opportunities for job creation.’’ sanctuary based on the funding level, appropriations, which may impact the Letters of support from many area program priorities, and site needs. As a level of activities completed in the museums accompanied the sanctuary result, site level funding can vary from management plan each year. As part of nomination (https://nominate.noaa.gov/ year to year, which may impact the level the final management plan for this media/documents/nomination_lake_ of activities completed in the sanctuary, NOAA included a summary michigan_wisconsin.pdf). Consequently, management plan each year. of the sanctuary activities that are education and outreach activities 66. Comment: NOAA received one possible at several funding levels. constitute a significant part of the comment stating that NOAA needs to NOAA also anticipates that a varying sanctuary’s final management plan. have a presence in each community level of in-kind contributions from co- Initiatives at NOAA’s Thunder Bay working on this designation process. managers and partners, as well as grants National Marine Sanctuary in Alpena, Rather than having a new visitor center and other outside funding, will Michigan, provide an example of a wide created post-designation, NOAA should contribute to the overall sanctuary goals. range of education, outreach, capitalize on the existing informal Additionally, ONMS has received interpretation, tourism, and learning institutions and allied roughly $2 million in donations and in- partnerships aimed at the benefitting the organizations already working to kind contributions and 120,000 general public. NOAA disagrees with educate and inspire public appreciation

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of—and involvement in—the Great opportunities to partner with, leverage, 1456) requires Federal agencies to Lakes. and complement assets in each of the consult with a state’s coastal program on Response: One of the strengths of the sanctuary communities. Per final potential Federal activities that have WSCNMS designation is the many management plan Strategy SO–1, the reasonably foreseeable effects on any opportunities to partner with, leverage, sanctuary will ‘‘Develop a ‘NOAA coastal use or resource. Such activities and complement assets in each of the presence’ within sanctuary communities must be consistent with approved state sanctuary communities. Per final that supports the sanctuary’s mission coastal policies to the maximum extent management plan Strategy SO–1, the and infrastructure needs, and that possible. Because WSCNMS sanctuary will ‘‘Develop a ‘NOAA recognizes, leverages, and complements encompasses a portion of the Wisconsin presence’ within sanctuary communities individual assets in sanctuary state waters, NOAA submitted a copy of that supports the sanctuary’s mission communities.’’ NOAA has not made any the proposed rule and supporting and infrastructure needs, and that decisions about sanctuary office documents to the State of Wisconsin recognizes, leverages, and complements locations. Coastal Zone Management Program for individual assets in sanctuary 70. Comment: NOAA received one evaluation of Federal consistency under communities.’’ NOAA will develop the comment from the U.S. Environmental the CZMA. NOAA has presumed the strategic plan supporting Strategy SO–1 Protection Agency stating that NOAA state’s concurrence pursuant to 15 CFR after designation in cooperation with should address green building practices 930.41(a), whereby a federal agency may local communities, other appropriate and climate change and greenhouse presume concurrence if a response is partners, and the Sanctuary Advisory gases in the FEIS. EPA recommended not received within 60 days. Council to ensure that NOAA is that the FEIS explain the geographic and capitalizing on existing efforts and policy definitions of the term 4. Executive Order 12866: Regulatory institutions in the region. ‘‘coastline’’ as it applies to this Impact 67. Comment: NOAA received one proposed designation. This rule has been determined to be comment stating that the proposal Response: The FEIS does not include significant for purposes of Executive should provide more specificity about a plan for facility construction or Order 12866. educational programming and operation as part of the proposed action. 5. Executive Order 13132: Federalism technology for K–12. However, should NOAA propose any of Assessment Response: NOAA’s final management these activities in the future, it will plan is the initial management plan for consider environmentally responsible NOAA has concluded that this this site, and as such describes general practices suggested in EPA’s regulatory action does not have objectives for education and outreach recommendations. In using the term federalism implications sufficient to activities. As sanctuary staff are hired ‘‘coastline,’’ NOAA does not define it as warrant preparation of a federalism and as NOAA engages with its a legal term; instead it is used generally assessment under Executive Order education partners after designation, to refer to the land-water interface. The 13132. These sanctuary regulations are more specificity will emerge for the shore side boundary is defined as the intended only to supplement and sanctuary’s education and outreach LWD. complement existing state and local activities. laws under the NMSA. V. Classification 68. Comment: NOAA received one 6. National Historic Preservation Act comment suggesting that the sanctuary 1. National Marine Sanctuaries Act The National Historic Preservation should be named ‘‘Wisconsin Marine NOAA has determined that the Protection Area’’ as the name is shorter Act (NHPA; 16 U.S.C. 470 et seq.) is designation of the Wisconsin Shipwreck intended to preserve historical and and easier to say, it would result in less Coast National Marine Sanctuary will clutter on a map, and people could archaeological sites in the United States not have a negative impact on the of America. The act created the National identify the name easier. National Marine Sanctuary System and Register of Historic Places, the list of Response: Community and partner that sufficient resources exist to National Historic Landmarks, and State discussions during a sanctuary branding effectively implement sanctuary Historic Preservation Offices. Section workshop sponsored by the Wisconsin management plans. The final finding for 106 of the NHPA requires Federal Department of Tourism produced the NMSA section 304(f) is published on agencies to take into account the effects name Wisconsin Shipwreck Coast the ONMS website for Wisconsin of their undertakings on historic National Marine Sanctuary, which Shipwreck Coast designation at http:// properties, and afford the Advisory NOAA proposes as the sanctuary’s sanctuaries.noaa.gov/wisconsin/. official name. The new name reflects the Council on Historic Preservation sanctuary’s cultural heritage focus, is 2. National Environmental Policy Act (ACHP) a reasonable opportunity to responsive to community input, and is NOAA has prepared a final comment. The historic preservation conducive to marketing and branding environmental impact statement to review process mandated by Section efforts. evaluate the environmental effects of the 106 is outlined in regulations issued by 69. Comment: NOAA received one rulemaking and alternatives as required ACHP (36 CFR part 800 et seq.). In comment stating that Sheboygan would by NEPA (42 U.S.C. 4321 et seq.) and fulfilling its responsibilities under the be the ideal location for a sanctuary the NMSA. The Notice of Availability is NHPA, NOAA identified interested office because it is centrally located, has available at 85 FR 34625. NOAA has parties in addition to the State Historic the most developed riverfront, has Blue also prepared a Record of Decision Preservation Officer (SHPO), and has Harbor Resort and charter fishing fleets, (ROD). Copies of the ROD and the FEIS completed the identification of historic and is the largest of the cities in the are available at the address and website properties and the assessment of the proposed sanctuary. NOAA also listed in the ADDRESSES section of this effects of the undertaking on such received other comments identifying rule. properties in scheduled consultations specific communities in a similar way, with those identified parties and the such as Port Washington. 3. Coastal Zone Management Act SHPO. NOAA received a response from Response: One of the strengths of the Section 307 of the Coastal Zone the SHPO, dated May 5, 2017, agreeing WSCNMS designation is the many Management Act (CZMA; 16 U.S.C. that the proposed undertaking will have

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no adverse effect to one or more historic reporting burden for national marine Administration amends 15 CFR part 922 properties located within the project sanctuaries permits is estimated to as follows: Area of Potential Effect. average 1.5 hours per response, including the time for reviewing PART 922—NATIONAL MARINE 7. Regulatory Flexibility Act instructions, searching existing data SANCTUARY PROGRAM This analysis seeks to fulfill the sources, gathering and maintaining the REGULATIONS requirements of Executive Order 12866 data needed, and completing and ■ and the Regulatory Flexibility Act. reviewing the collection of information. 1. The authority citation for 15 CFR Small businesses that could potentially Comments on this determination were part 922 continues to read as follows: be impacted from the proposed solicited in the proposed rule but no Authority: 16 U.S.C. 1431 et seq. prohibition on damaging a sanctuary public comments were received. ■ 2. Revise § 922.1 to read as follows: resource include commercial fishing, Notwithstanding any other provision of recreational fishing and diving, scenic law, no person is required to respond to, § 922.1 Applicability of regulations. and sightseeing industries. The Chief nor shall any person be subject to a Unless noted otherwise, the Counsel for Regulation of the penalty for failure to comply with a regulations in subparts A, D, and E of Department of Commerce certified to collection of information subject to the this part apply to all National Marine the Chief Counsel for Advocacy of the requirements of the Paperwork Sanctuaries and related site-specific Small Business Administration (SBA) at Reduction Act, unless that collection of regulations set forth in this part. the proposed rule stage that this rule information displays a currently valid Subparts B and C of this part apply to would not have a significant impact on OMB control number. the sanctuary nomination process and to a substantial number of small entities. the designation of future Sanctuaries. Although NOAA has made a few 9. Sunken Military Craft Act ■ changes to the regulations from the The Sunken Military Craft Act of 2004 3. Amend § 922.3 by revising the proposed rule to the final rule, none of (SMCA; Pub. L. 108–375, Title XIV, definition of ‘‘Sanctuary resource’’ to the changes alter the initial sections 1401 to 1408; 10 U.S.C. 113 read as follows: determination that this rule will not note) preserves and protects from § 922.3 Definitions. have an impact on small businesses unauthorized disturbance all sunken * * * * * included in the original analysis. NOAA military craft that are owned by the Sanctuary resource means any living also did not receive any comments on United States government, as well as or non-living resource of a National the certification or conclusions. foreign sunken military craft that lie Marine Sanctuary that contributes to the Therefore, the determination that this within United States waters, as defined conservation, recreational, ecological, rule will not have a significant in the SMCA, and other vessels owned historical, research, educational, or economic impact on a substantial or operated by a government on military aesthetic value of the Sanctuary, number of small entities remains non-commercial service when it sank. including, but not limited to, the unchanged. As a result, a final Thousands of U.S. sunken military craft substratum of the area of the Sanctuary, regulatory flexibility analysis is not lie in waters around the world, many other submerged features and the required and has not been prepared. accessible to looters, treasure hunters, surrounding seabed, carbonate rock, 8. Paperwork Reduction Act and others who may cause damage to corals and other bottom formations, them. These craft, and their associated ONMS has a valid Office of coralline algae and other marine plants contents, represent a collection of non- and algae, marine invertebrates, brine- Management and Budget (OMB) control renewable and significant historical number (0648–0141) for the collection seep biota, phytoplankton, zooplankton, resources that often serve as war graves, fish, seabirds, sea turtles and other of public information related to the carry unexploded ordnance, and contain processing of ONMS permits across the marine reptiles, marine mammals and oil and other hazardous materials. By historical resources. For Thunder Bay National Marine Sanctuary System. protecting sunken military craft, the NOAA’s designation of WSCNMS National Marine Sanctuary and SMCA helps reduce the potential for Underwater Preserve, Sanctuary would likely result in an increase in the irreversible harm to these nationally number of requests for ONMS general resource means an underwater cultural important historical and cultural resource as defined at § 922.191. For permits, special use permits, resources. Regulations regarding permits certifications, and authorizations Mallows Bay-Potomac River National for activities directed at sunken military Marine Sanctuary, Sanctuary resource is because this action proposes to add craft under the jurisdiction of the general permits and special use permits, defined at § 922.201(a). For Wisconsin Department of Navy can be found at 32 Shipwreck Coast National Marine certifications, appeals, and the authority CFR part 767. to authorize other valid federal, state, or Sanctuary, sanctuary resource is defined local leases, permits, licenses, List of Subjects in 15 CFR Part 922 at § 922.211. approvals, or other authorizations. An Administrative practice and * * * * * increase in the number of ONMS permit procedure, Coastal zone, Historic ■ 4. Revise § 922.44 to read as follows: requests would require a change to the preservation, Intergovernmental reporting burden certified for OMB relations, Marine resources, Natural § 922.44 Emergency regulations. control number 0648–0141. An update resources, Penalties, Recreation and (a) Where necessary to prevent or to this control number for the recreation areas, Reporting and minimize the destruction of, loss of, or processing of ONMS permits will be recordkeeping requirements, Wildlife. injury to a Sanctuary resource or requested as part of the renewal package quality, or minimize the imminent risk for 0648–0141. Nicole LeBoeuf, of such destruction, loss, or injury, any Nationwide, NOAA issues Acting Assistant Administrator for Ocean and all such activities are subject to approximately 500 national marine Services and Coastal Zone Management. immediate temporary regulation, sanctuary permits each year. WSCNMS Accordingly, for the reasons including prohibition. is expected to issue an additional 4 to discussed in the preamble, the National (b) The provisions of this section do 5 permit requests per year. The public Oceanic and Atmospheric not apply to the following national

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marine sanctuaries with site-specific part if conducted in accordance with the action taken. Procedures governing regulations that establish procedures for scope, purpose, terms and conditions of permit sanctions and denials for issuing emergency regulations: a permit issued under § 922.166. For enforcement reasons are set forth in (1) Cordell Bank National Marine Thunder Bay National Marine Sanctuary subpart D of 15 CFR part 904. Sanctuary, § 922.112(e). and Underwater Preserve, a person may ■ 7. Revise § 922.49 to read as follows: (2) Florida Keys National Marine conduct an activity prohibited by Sanctuary, § 922.165. subpart R of this part in accordance § 922.49 Notification and review of (3) Hawaiian Islands Humpback with the scope, purpose, terms and applications for leases, licenses, permits, Whale National Marine Sanctuary, approvals, or other authorizations to conditions of a permit issued under conduct a prohibited activity. § 922.185. § 922.195. (4) Thunder Bay National Marine (b) Applications for permits to (a) A person may conduct an activity Sanctuary, § 922.196. conduct activities otherwise prohibited prohibited by subparts L through P of (5) Mallows Bay-Potomac River by subparts F through O and S and T of this part, or subparts R through T of this National Marine Sanctuary, § 922.204. this part, should be addressed to the part, if such activity is specifically (6) Wisconsin Shipwreck Coast Director and sent to the address authorized by any valid Federal, State, National Marine Sanctuary, § 922.214. specified in subparts F through O of this or local lease, permit, license, approval, ■ 5. Amend § 922.47 by revising part, or subparts R through T of this or other authorization issued after the paragraph (b) to read as follows: part, as appropriate. An application effective date of Sanctuary designation, must include: or in the case of Florida Keys National § 922.47 Pre-existing authorizations or (1) A detailed description of the Marine Sanctuary after the effective date rights and certifications of pre-existing proposed activity including a timetable of the regulations in subpart P, provided authorizations or rights. for completion; that: * * * * * (2) The equipment, personnel and (1) The applicant notifies the Director, (b) The prohibitions listed in subparts methodology to be employed; in writing, of the application for such F through P and R through T of this part (3) The qualifications and experience authorization (and of any application for do not apply to any activity authorized of all personnel; an amendment, renewal, or extension of by a valid lease, permit, license, (4) The potential effects of the such authorization) within fifteen (15) approval or other authorization in activity, if any, on Sanctuary resources days of the date of filing of the existence on the effective date of and qualities; and application or the effective date of Sanctuary designation, or in the case of (5) Copies of all other required Sanctuary designation, or in the case of Florida Keys National Marine Sanctuary licenses, permits, approvals or other Florida Keys National Marine Sanctuary the effective date of the regulations in authorizations. the effective date of the regulations in subpart P, and issued by any Federal, (c) Upon receipt of an application, the subpart P, whichever is later; State or local authority of competent Director may request such additional (2) The applicant complies with the jurisdiction, or by any valid right of information from the applicant as he or other provisions of this section; subsistence use or access in existence she deems necessary to act on the (3) The Director notifies the applicant on the effective date of Sanctuary application and may seek the views of and authorizing agency that he or she designation, or in the case of Florida any persons or entity, within or outside does not object to issuance of the Keys National Marine Sanctuary the the Federal government, and may hold authorization (or amendment, renewal, effective date of the regulations in a public hearing, as deemed or extension); and subpart P, provided that the holder of appropriate. (4) The applicant complies with any such authorization or right complies (d) The Director, at his or her terms and conditions the Director deems with certification procedures and discretion, may issue a permit, subject reasonably necessary to protect criteria promulgated at the time of to such terms and conditions as he or Sanctuary resources and qualities. Sanctuary designation, or in the case of she deems appropriate, to conduct a (b) Any potential applicant for an Florida Keys National Marine Sanctuary prohibited activity, in accordance with authorization described in paragraph (a) the effective date of the regulations in the criteria found in subparts F through of this section may request the Director subpart P, and with any terms and O of this part, or subparts R through T to issue a finding as to whether the conditions on the exercise of such of this part, as appropriate. The Director activity for which an application is authorization or right imposed by the shall further impose, at a minimum, the intended to be made is prohibited by Director as a condition of certification as conditions set forth in the relevant subparts L through P of this part, or the Director deems necessary to achieve subpart. subparts R through T of this part, as the purposes for which the Sanctuary (e) A permit granted pursuant to this appropriate. was designated. section is nontransferable. (c) Notification of filings of ■ 6. Revise § 922.48 to read as follows: (f) The Director may amend, suspend, applications should be sent to the or revoke a permit issued pursuant to Director, Office of National Marine § 922.48 National Marine Sanctuary this section for good cause. The Director Sanctuaries at the address specified in permits—application procedures and may deny a permit application pursuant subparts L through P of this part, or issuance criteria. to this section, in whole or in part, if it subparts R through T of this part, as (a) A person may conduct an activity is determined that the permittee or appropriate. A copy of the application prohibited by subparts F through O and applicant has acted in violation of the must accompany the notification. S and T of this part, if conducted in terms and conditions of a permit or of (d) The Director may request accordance with the scope, purpose, the regulations set forth in this section additional information from the terms and conditions of a permit issued or subparts F through O of this part, or applicant as he or she deems reasonably under this section and subparts F subparts R through T of this part or for necessary to determine whether to through O and S and T, as appropriate. other good cause. Any such action shall object to issuance of an authorization For Florida Keys National Marine be communicated in writing to the described in paragraph (a) of this Sanctuary, a person may conduct an permittee or applicant by certified mail section, or what terms and conditions activity prohibited by subpart P of this and shall set forth the reason(s) for the are reasonably necessary to protect

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Sanctuary resources and qualities. The Federal, State, or local authority of of the final decision and the reason(s) information requested must be received competent jurisdiction. therefore in writing. The Assistant by the Director within 45 days of the (2) For those National Marine Administrator’s decision shall postmark date of the request. The Sanctuaries described in subparts F constitute final agency action for the Director may seek the views of any through K and S and T of this part, any purpose of the Administrative persons on the application. interested person may also appeal the Procedure Act. (e) The Director shall notify, in same actions described in paragraphs (e) Any time limit prescribed in or writing, the agency to which application (a)(1)(i) and (ii) of this section. For established under this section other has been made of his or her pending appeals arising from actions taken with than the 30-day limit for filing an appeal review of the application and possible respect to these National Marine may be extended by the Assistant objection to issuance. Upon completion Sanctuaries, the term ‘‘appellant’’ Administrator or hearing office for good of review of the application and includes any such interested persons. cause. information received with respect (b) An appeal under paragraph (a) of ■ 9. Add subpart T to read as follows: thereto, the Director shall notify both this section must be in writing, state the the agency and applicant, in writing, action(s) by the Director appealed and Subpart T—Wisconsin Shipwreck whether he or she has an objection to the reason(s) for the appeal, and be Coast National Marine Sanctuary issuance and what terms and conditions received within 30 days of receipt of he or she deems reasonably necessary to notice of the action by the Director. Sec. 922.210 Boundary. protect Sanctuary resources and Appeals should be addressed to the Assistant Administrator for Ocean 922.211 Definitions. qualities, and reasons therefor. 922.212 Co-management. (f) The Director may amend the terms Services and Coastal Zone Management, 922.213 Prohibited or otherwise regulated and conditions deemed reasonably NOAA 1305 East-West Highway, 13th activities. necessary to protect Sanctuary resources Floor, Silver Spring, MD 20910. 922.214 Emergency regulations. and qualities whenever additional (c)(1) The Assistant Administrator 922.215 Permit procedures and review information becomes available justifying may request the appellant to submit criteria. such an amendment. such information as the Assistant 922.216 Certification of preexisting leases, (g) Any time limit prescribed in or Administrator deems necessary in order licenses, permits, approvals, other established under this section may be for him or her to decide the appeal. The authorizations, or rights to conduct a extended by the Director for good cause. information requested must be received prohibited activity. (h) The applicant may appeal any by the Assistant Administrator within Appendix A to Subpart T of Part 922— 45 days of the postmark date of the Wisconsin Shipwreck Coast National objection by, or terms or conditions Marine Sanctuary Boundary Description imposed by the Director to the Assistant request. The Assistant Administrator and Coordinates of the Lateral Boundary Administrator or designee in accordance may seek the views of any other Closures and Excluded Areas with the provisions of § 922.50. persons. For Monitor National Marine Appendix B to Subpart T of Part 922— ■ 8. Revise § 922.50 to read as follows: Sanctuary, if the appellant has Wisconsin Shipwreck Coast Marine requested a hearing, the Assistant Sanctuary Terms of Designation § 922.50 Appeals of administrative action. Administrator shall grant an informal (a)(1) Except for permit actions taken hearing. For all other National Marine § 922.210 Boundary. for enforcement reasons (see subpart D Sanctuaries, the Assistant Administrator Wisconsin Shipwreck Coast National of 15 CFR part 904 for applicable may determine whether to hold an Marine Sanctuary consists of an area of procedures), an applicant for, or a informal hearing on the appeal. If the approximately 726 square nautical miles holder of, a National Marine Sanctuary Assistant Administrator determines that (962 square miles) of Lake Michigan permit; an applicant for, or a holder of, an informal hearing should be held, the waters within the State of Wisconsin a Special Use permit issued pursuant to Assistant Administrator may designate and the submerged lands thereunder, section 310 of the Act; a person an officer before whom the hearing shall over, around, and under the submerged requesting certification of an existing be held. underwater cultural resources in Lake lease, permit, license or right of (2) The hearing officer shall give Michigan. The precise boundary subsistence use or access under notice in the Federal Register of the coordinates are listed in Appendix A to § 922.47; or, for those Sanctuaries time, place and subject matter of the this subpart. The eastern boundary of described in subparts L through P and hearing. The appellant and the Director the sanctuary begins approximately 9.3 R through T of this part, an applicant for may appear personally or by counsel at miles east of the Wisconsin shoreline (as a lease, permit, license or other the hearing and submit such material defined by the low water datum) in Lake authorization issued by any Federal, and present such arguments as deemed Michigan at Point 1 north of the border State, or local authority of competent appropriate by the hearing officer. between Manitowoc and Kewaunee jurisdiction (hereinafter appellant) may Within 60 days after the record for the County. From Point 1 the boundary appeal to the Assistant Administrator: hearing closes, the hearing officer shall continues SSW in a straight line to Point (i) The granting, denial, conditioning, recommend a decision in writing to the 2 and then SW to Point 3 which is amendment, suspension or revocation Assistant Administrator. located in Lake Michigan approximately by the Director of a National Marine (d) The Assistant Administrator shall 16.3 miles east of a point on the Sanctuary or Special Use permit; decide the appeal using the same shoreline roughly equidistant between (ii) The conditioning, amendment, regulatory criteria as for the initial the borders of northern Mequon, WI and suspension or revocation of a decision and shall base the appeal southern Port Washington, WI. From certification under § 922.47; or decision on the record before the Point 3 the boundary continues west (iii) For those Sanctuaries described Director and any information submitted towards Point 4 until it intersects the in subparts L through P and subpart R regarding the appeal, and, if a hearing shoreline at the low water datum through T, the objection to issuance of has been held, on the record before the approximately 2.5 miles north of the or the imposition of terms and hearing officer and the hearing officer’s northern border of Mequon, WI. From conditions on a lease, permit, license or recommended decision. The Assistant this intersection the boundary continues other authorization issued by any Administrator shall notify the appellant north following the shoreline at the low

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water datum, cutting across the mouths Point 34 along the shoreline at the low respond to an emergency threatening of creeks and streams until it intersects water datum just south of the mouth of life, property, or the environment; or to the line segment formed between Point the unnamed stream near the activities necessary for valid law 5 and Point 6 at the end of the southern intersection of Sandy Bar Road and enforcement purposes. breakwater at the mouth of Sauk Creek Lakeview Road near Carlton, WI. § 922.214 Emergency regulations. at Port Washington. From this Finally, from this intersection at the intersection the boundary continues to shoreline at the low water datum the (a) Where necessary to prevent or Point 6 through Point 9 in numerical boundary moves east across Lake minimize the destruction of, loss of, or order. From Point 9 the boundary Michigan to Point 34. injury to a Sanctuary resource, or to continues towards Point 10 until it minimize the imminent risk of such intersects the shoreline at the low water § 922.211 Definitions. destruction, loss, or injury, any and all datum at the end of the northern (a) The following terms are defined activities are subject to immediate breakwater at the mouth of Sauk Creek. for purposes of this subpart: temporary regulation, including From this intersection the boundary (1) Sanctuary resource means all prohibition. An emergency regulation continues north following the shoreline prehistoric, historic, archaeological, and shall not take effect without the at the low water datum cutting across cultural sites and artifacts within the approval of the Governor of Wisconsin the mouths of creeks and streams until sanctuary boundary, including all or her/his designee or designated it intersects the line segment formed shipwreck sites. agency. between Point 11 and Point 12 at the (2) Shipwreck site means any historic (b) Emergency regulations remain in end of the southern breakwater at the sunken watercraft, its components, effect until a date fixed in the rule or six mouth of the Sheboygan River. From cargo, contents, and associated debris months after the effective date, this intersection the boundary continues field. whichever is earlier. The rule may be to Point 12 through Point 17 in (b) All other terms appearing in the extended once for not more than six numerical order. regulations in this subpart are defined at months. From Point 17 the boundary § 922.3, and/or in the Marine Protection, § 922.215 Permit procedures and review continues towards Point 18 until it Research, and Sanctuaries Act, as criteria. intersects the shoreline at the low water amended, 33 U.S.C. 1401 et seq., and 16 (a) Authority to issue general permits. datum at the end of the northern U.S.C. 1431 et seq. The Director may allow a person to breakwater at the mouth of the § 922.212 Co-management. conduct an activity that would Sheboygan River. From this intersection otherwise be prohibited by this subpart, the boundary continues north along the NOAA has primary responsibility for through issuance of a general permit, shoreline at the low water datum cutting the management of the Sanctuary provided the applicant complies with: across the mouths of creeks and streams pursuant to the Act. However, as the (1) The provisions of subpart E of this until it intersects the line segment Sanctuary is in state waters, NOAA will part; and formed between Point 19 and Point 20 co-manage the Sanctuary in (2) The relevant site specific at the end of the southern breakwater at collaboration with the State of regulations appearing in this subpart. the mouth of Manitowoc Harbor. From Wisconsin. The Director may enter into (b) Sanctuary general permit this intersection the boundary continues a Memorandum of Agreement regarding categories. The Director may issue a to Point 20 through Point 23 in this collaboration that may address, but sanctuary general permit under this numerical order. From Point 23 the not be limited to, such aspects as areas subpart, subject to such terms and boundary continues towards Point 24 of mutual concern, including Sanctuary conditions as he or she deems until it intersects the shoreline at the resource protection, programs, appropriate, if the Director finds that the low water datum at the end of the permitting, activities, development, and proposed activity falls within one of the northern breakwater at the mouth of the threats to Sanctuary resources. following categories: Sheboygan River. From this intersection (1) Research—activities that constitute the boundary continues north following § 922.213 Prohibited or otherwise regulated activities. scientific research on or scientific the shoreline at the low water datum monitoring of national marine sanctuary cutting across the mouths of creeks and (a) Except as specified in paragraph resources or qualities; streams until it intersects the line (b) of this section, the following (2) Education—activities that enhance segment formed between Point 25 and activities are prohibited and thus are public awareness, understanding, or Point 26 at the end of the western unlawful for any person to conduct or appreciation of a national marine breakwater at the mouth of East Twin to cause to be conducted: sanctuary or national marine sanctuary River. From this intersection the (1) Moving, removing, recovering, resources or qualities; or boundary continues to Point 27 through altering, destroying, possessing, or (3) Management—activities that assist Point 31 in numerical order. otherwise injuring, or attempting to in managing a national marine From Point 31 the boundary move, remove, recover, alter, destroy, sanctuary. continues towards Point 32 until it possess or otherwise injure a sanctuary (c) Review criteria. The Director shall intersects the shoreline at the low water resource. not issue a permit under this subpart, datum at the end of the eastern (2) Grappling into or anchoring on unless he or she also finds that: breakwater at the mouth of East Twin shipwreck sites. (1) The proposed activity will be River. From this intersection the (3) Interfering with, obstructing, conducted in a manner compatible with boundary continues NE following the delaying or preventing an investigation, the primary objective of protection of shoreline at the low water datum cutting search, seizure or disposition of seized national marine sanctuary resources and across the mouths of creeks and streams property in connection with qualities, taking into account the around Rawley Point and then enforcement of the Act or any regulation following factors: continues NNW past the county border or any permit issued under the Act. (i) The extent to which the conduct of between Manitowoc and Kewaunee (b) The prohibitions in paragraphs the activity may diminish or enhance County until it intersects the line (a)(1) through (3) of this section do not national marine sanctuary resources and segment formed between Point 33 and apply to any activity necessary to qualities; and

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(ii) Any indirect, secondary or license, or other authorization and the any decision on a certification request cumulative effects of the activity. issuing agency and shall set forth or any action taken with respect to any (2) It is necessary to conduct the reason(s) for the action taken. certification made under this section, in proposed activity within the national (d) Requests for findings or writing, to both the holder of the marine sanctuary to achieve its stated certifications should be addressed to the certified lease, permit, license, approval, purpose. Director, Office of National Marine other authorization, or right, and the (3) The methods and procedures Sanctuaries; ATTN: Sanctuary issuing agency, and shall set forth the proposed by the applicant are Superintendent, Wisconsin Shipwreck reason(s) for the decision or action appropriate to achieve the proposed Coast National Marine Sanctuary, 1305 taken. activity’s stated purpose and eliminate, East-West Hwy., 11th Floor, Silver (j) The holder may appeal any action minimize, or mitigate adverse effects on Spring, MD 20910. A copy of the lease, conditioning, amending, suspending, or sanctuary resources and qualities as permit, license, approval, or other revoking any certification in accordance much as possible. authorization must accompany the with the procedures set forth in (4) The duration of the proposed request. § 922.50. activity and its effects are no longer than (e) For an activity described in necessary to achieve the activity’s stated paragraph (a) of this section, the holder (k) Any time limit prescribed in or purpose. of the authorization or right may established under this section may be (5) The expected end value of the conduct the activity prohibited by extended by the Director for good cause. activity to the furtherance of national § 922.213(a)(1) through (3) provided Appendix A to Subpart T of Part 922— marine sanctuary goals and purposes that: Wisconsin Shipwreck Coast Sanctuary outweighs any potential adverse (1) The holder of such authorization Boundary Description and Coordinates impacts on sanctuary resources and or right notifies the Director, in writing, of the Lateral Boundary Closures and qualities from the conduct of the 180 days of the Federal Register Excluded Areas activity. document announcing of effective date (6) The applicant is professionally of the Sanctuary designation, of the Coordinates listed in this appendix are existence of such authorization or right unprojected (Geographic) and based on the qualified to conduct and complete the North American Datum of 1983. proposed activity. and requests certification of such authorization or right; (7) The applicant has adequate TABLE A1—COORDINATES FOR financial resources available to conduct (2) The holder complies with the SANCTUARY BOUNDARY and complete the proposed activity and other provisions of this section; and (3) The holder complies with any terms and conditions of the permit. Point_ID Latitude Longitude (8) There are no other factors that terms and conditions on the exercise of such authorization or right imposed as would make the issuance of a permit for 1 ...... 44.35279 ¥87.34387 the activity inappropriate. a condition of certification, by the 2 ...... 43.45716 ¥87.48817 Director, to achieve the purposes for 3 ...... 43.31519 ¥87.56312 § 922.216 Certification of preexisting which the Sanctuary was designated. 4 * ...... 43.31519 ¥87.88828 leases, licenses, permits, approvals, other (f) The holder of an authorization or 5 * ...... 43.38447 ¥87.86079 authorizations, or rights to conduct a right described in paragraph (a) of this 6 ...... 43.38455 ¥87.86062 prohibited activity. section authorizing an activity 7 ...... 43.38353 ¥87.85936 (a) A person may conduct an activity prohibited by § 922.213 may conduct 8 ...... 43.38588 ¥87.85801 prohibited by § 922.213(a)(1) through (3) the activity without being in violation of 9 ...... 43.38510 ¥87.85950 ¥ if such activity is specifically authorized applicable provisions of § 922.213, 10 * ...... 43.38523 87.85963 11 * ...... 43.74858 ¥87.69479 by a valid Federal, state, or local lease, pending final agency action on his or ¥ permit, license, approval, or other 12 ...... 43.74858 87.69457 her certification request, provided the 13 ...... 43.74840 ¥87.69457 authorization, or tribal right of holder is otherwise in compliance with 14 ...... 43.74778 ¥87.69191 subsistence use or access in existence this section. 15 ...... 43.74949 ¥87.69161 prior to the effective date of sanctuary (g) The Director may request 16 ...... 43.74977 ¥87.69196 designation and within the sanctuary additional information from the 17 ...... 43.74935 ¥87.69251 designated area and complies with certification requester as he or she 18 * ...... 43.74946 ¥87.69265 § 922.47 and provided that the holder of deems reasonably necessary to 19 * ...... 44.09135 ¥87.64377 the lease, permit, license, approval, or condition appropriately the exercise of 20 ...... 44.09147 ¥87.64366 21 ...... 44.09081 ¥87.64206 other authorization complies with the the certified authorization or right to ¥ requirements of paragraph (e) of this 22 ...... 44.09319 87.64202 achieve the purposes for which the 23 ...... 44.09254 ¥87.64365 section. Sanctuary was designated. The Director 24 * ...... 44.09262 ¥87.64373 (b) In considering whether to make must receive the information requested 25 * ...... 44.14226 ¥87.56161 the certifications called for in this within 45 days of the postmark date of 26 ...... 44.14214 ¥87.56151 section, the Director may seek and the request. The Director may seek the 27 ...... 44.14199 ¥87.56181 consider the views of any other person views of any persons on the certification 28 ...... 44.13946 ¥87.55955 or entity, within or outside the Federal request. 29 ...... 44.14021 ¥87.55795 government, and may hold a public (h) The Director may amend any 30 ...... 44.14274 ¥87.56023 ¥ hearing as deemed appropriate. certification made under this section 31 ...... 44.14256 87.56059 32 * ...... 44.14267 ¥87.56069 (c) The Director may amend, suspend, whenever additional information ¥ or revoke any certification made under 33 * ...... 44.35279 87.53255 becomes available that he/she 34 ...... 44.35279 ¥87.34387 this section whenever continued determines justifies such an operation would otherwise be amendment. Note: The coordinates in the table above inconsistent with any terms or (i) Upon completion of review of the marked with an asterisk (*) are not a part of the sanctuary boundary. These coordinates conditions of the certification. Any such authorization or right and information are landward reference points used to draw a action shall be forwarded in writing to received with respect thereto, the line segment that intersects with the shoreline both the holder of the certified permit, Director shall communicate, in writing, at the low water datum.

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Appendix B to Subpart T of Part 922— continues from the shoreline at the Low Article V: Relation to Other Regulatory Wisconsin Shipwreck Coast National Water Datum at this point east across Lake Programs Marine Sanctuary Terms of Designation Michigan just north of the border between Fishing Regulations, Licenses, and Permits. these same two counties back to its point of Fishing in the Sanctuary shall not be Terms of Designation for Wisconsin origin approximately 9.3 miles offshore. regulated as part of the Sanctuary Shipwreck Coast National Marine Sanctuary management regime authorized by the Act. Under the authority of the National Marine Article III: Special Characteristics of the However, fishing in the Sanctuary may be Sanctuaries Act, as amended (the ‘‘Act’’ or Area regulated by other Federal, State, Tribal and ‘‘NMSA’’), 16 U.S.C. 1431 et seq., 962 square The area includes a nationally significant local authorities of competent jurisdiction, miles of Lake Michigan off the coast of collection of maritime heritage resources, and designation of the Sanctuary shall have Wisconsin’s coastal counties of Ozaukee, including 36 known shipwrecks, about 59 Sheboygan, Manitowoc, and Kewaunee are no effect on any regulation, permit, or license suspected shipwrecks, and other underwater issued thereunder. hereby designated as a National Marine cultural sites. The historic shipwrecks are Sanctuary for the purpose of providing long- representative of the vessels that sailed and Article VI. Alteration of This Designation term protection and management of the steamed on Lake Michigan during the The terms of designation may be modified historical resources and recreational, nineteenth and twentieth centuries, carrying only by the same procedures by which the research, educational, and aesthetic qualities grain and raw materials east and carrying of the area. original designation is made, including coal, manufactured goods, and people west. public meetings, consultation according to Article I: Effect of Designation During this period entrepreneurs and the NMSA. shipbuilders on the Great Lakes launched The NMSA authorizes the issuance of such tens of thousands of ships of many different § 922.213 [Amended] regulations as are necessary and reasonable designs. Sailing schooners, grand palace ■ to implement the designation, including steamers, revolutionary propeller-driven 10. Stay § 922.213(a)(2) until October managing and protecting the historical passenger ships, and industrial bulk carriers 1, 2023. resources and recreational, research, and transported America’s business and industry. [FR Doc. 2021–12846 Filed 6–22–21; 8:45 am] educational qualities of Wisconsin In the process they brought hundreds of BILLING CODE 3510–NK–P Shipwreck Coast National Marine Sanctuary thousands of people to the Midwest and (the ‘‘Sanctuary’’). Section 1 of Article IV of made possible the dramatic growth of the this Designation Document lists those region’s farms, cities, and industries. The activities that may have to be regulated on DEPARTMENT OF COMMERCE Midwest, and indeed the American nation, the effective date of designation, or at some could not have developed with such speed later date, in order to protect Sanctuary 15 CFR Chapter VII and with such vast economic and social resources and qualities. Listing an activity consequences without the Great Lakes. [Docket Number: 210617–0132] does not necessarily mean that it will be Twenty-one of the 36 shipwreck sites in the regulated; however, if an activity is not listed sanctuary are listed on the National Register RIN 0605–XD009 it may not be regulated, except on an of Historic Places. Many of the shipwrecks emergency basis, unless Section 1 of Article Rescission of Identification of IV is amended by the same procedures by retain an unusual degree of architectural integrity, with several vessels nearly intact. Prohibited Transactions With Respect which the original Sanctuary designation was to TikTok and WeChat made. Well preserved by Lake Michigan’s cold, fresh water, the shipwrecks and related AGENCY: Office of the Secretary, U.S. Article II: Description of the Area maritime heritage sites in Wisconsin Department of Commerce. Wisconsin Shipwreck Coast National Shipwreck Coast National Marine Sanctuary Marine Sanctuary consists of an area of possess exceptional historical, archaeological ACTION: Identification of Prohibited approximately 726 square nautical miles (962 and recreational value. Additional Transactions; notification of rescission. square miles) of Lake Michigan waters within underwater cultural resources, such as the State of Wisconsin and the submerged submerged aircraft, docks, piers, and isolated SUMMARY: Pursuant to Executive Order lands thereunder, over, around, and under artifacts also exist, as do the potential for 14034 of June 9, 2021 (Protecting the underwater cultural resources in Lake prehistoric sites and artifacts. Americans’ Sensitive Data from Foreign Michigan. The eastern boundary of the Article IV: Scope of Regulations Adversaries), this document confirms sanctuary begins approximately 9.3 miles that the Secretary of Commerce has east of the Wisconsin shoreline in Lake Section 1. Activities Subject to Regulation. rescinded two actions issued under Michigan north of the border between The following activities are subject to regulation, including prohibition, to the now-revoked Executive Orders: The Manitowoc and Kewaunee County. From this September 18, 2020 Identification of point the boundary continues in Lake extent necessary and reasonable to ensure the Michigan roughly to the SSW until it protection and management of the historical Prohibited Transactions related to intersects a point in Lake Michigan resources and recreational, research and TikTok, published on September 24, approximately 16.3 miles east of a point educational qualities of the area: 2020, and the September 18, 2020 along the shoreline that is approximately a. Injuring sanctuary resources. Identification of Prohibited Transactions equidistant between the borders of Mequon, b. Grappling into or anchoring on a related to WeChat filed for public WI and Port Washington, WI. The southern shipwreck sites. inspection on September 18, 2020 and boundary continues west until it intersects c. Interfering with, obstructing, delaying or withdrawn before publication. the shoreline at the Low Water Datum at this preventing an investigation, search, seizure point between Mequon, WI and Port or disposition of seized property in DATES: This rescission was effective Washington, WI. The western boundary connection with enforcement of the Act or June 16, 2021. Effective June 23, 2021, continues north following the shoreline at any regulation issued under the Act. the Department withdraws the the Low Water Datum for approximately 82 Section 2. Emergencies. Where necessary Identification of Prohibited Transactions miles cutting across the mouths of rivers, to prevent or minimize the destruction of, published at 85 FR 60061 on September creeks, and streams and excluding federally loss of, or injury to a Sanctuary resource or 24, 2020. authorized shipping channels; specifically quality; or minimize the imminent risk of FOR FURTHER INFORMATION CONTACT: such destruction, loss, or injury, any activity, those of Sauk Creek at Port Washington, John Gifft, U.S. Department of Sheboygan River at Sheboygan, Manitowoc including those not listed in Section 1, is Harbor as Manitowoc, and East Twin River subject to immediate temporary regulation. Commerce; email: supplychainrules@ at Two Rivers. The western boundary ends An emergency regulation shall not take effect doc.gov; telephone: (202) 482–2617. just north of the border between Manitowoc without the approval of the Governor of For media inquiries: Brittany Caplin, and Kewaunee County along the shoreline Wisconsin or her/his designee or designated Deputy Director of Public Affairs and near Carlton, WI. The northern boundary agency. Press Secretary, U.S. Department of

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