2026-14204: Lake Ontario National Marine Sanctuary; Delay of Effective Date
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The National Oceanic and Atmospheric Administration (NOAA) designated the Lake Ontario National Marine Sanctuary (LONMS) on June 6, 2024, and the final rule became effective on July 22, 2024. However, as discussed in the final rule, the effective date for the provision that prohibits grappling into or anchoring on shipwreck sites (grappling and anchoring provision) was stayed until July 21, 2026. This action further extends the stay of the effective date of the grappling and anchoring provision of the final rule until September 21, 2028.
The agency’s own summary, as published.
The rule, in full
1,511 words as published, July 15, 2026. View the original →
Federal Register, Volume 91 Issue 134 (Wednesday, July 15, 2026) [Federal Register Volume 91, Number 134 (Wednesday, July 15, 2026)] [Rules and Regulations] [Pages 43321-43322] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-14204] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No. 260708-0167] RIN 0648-BJ62 Lake Ontario National Marine Sanctuary; Delay of Effective Date
Agency
Office of National Marine Sanctuaries (ONMS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).
Action
Final rule; delay of effective date. -----------------------------------------------------------------------
Summary
The National Oceanic and Atmospheric Administration (NOAA) designated the Lake Ontario National Marine Sanctuary (LONMS) on June 6, 2024, and the final rule became effective on July 22, 2024. However, as discussed in the final rule, the effective date for the provision that prohibits grappling into or anchoring on shipwreck sites (grappling and anchoring provision) was stayed until July 21, 2026. This action further extends the stay of the effective date of the grappling and anchoring provision of the final rule until September 21, 2028.
Dates
As of July 15, 2026, the effective date for 15 CFR 922.223(a)(3), which was stayed until July 21, 2026, at 89 FR 48272, is further stayed until September 21, 2028.
For Further Information Contact
Jeff Gray, Acting Superintendent, Lake Ontario National Marine Sanctuary, at 989-312-3365, [email protected].
Supplementary Information
On June 6, 2024, NOAA published a final rule to implement the designation of the LONMS (89 FR 48272). The designation and regulations became effective on July 22, 2024 (89 FR 59610; July 23, 2024). However, as discussed in the final rule (89 FR 48275), the effective date for 922.223(a)(3), which prohibits grappling into or anchoring on shipwreck sites, was stayed until July 21, 2026, to provide NOAA with adequate time to develop a shipwreck mooring program plan, seek input from the dive community about the mooring buoy plan, begin installing mooring buoys, and develop best practices for accessing shipwrecks when mooring buoys are not present. With this final rule, NOAA is further staying the effective date for the prohibition of grappling into or anchoring on shipwreck sites for two years to September 21, 2028, to provide additional time for NOAA to develop a shipwreck mooring program, which will include the installation of mooring buoy systems and public outreach and education. NOAA established the initial two-year stay to delay the effective date for 922.223(a)(3) in response to public comments expressing concerns that the prohibition would negatively affect commercial vessels that may need to anchor in the sanctuary and would limit public access to shipwrecks when alternatives to anchoring (i.e., buoys) are not available. NOAA delayed the effective date to allow it adequate time to develop a shipwreck mooring program and begin installing buoys. Since the designation of the sanctuary in July 2024, NOAA has identified 16 shipwreck sites for the initial wave of mooring buoy installations. NOAA worked with state and federal authorities to obtain required permits and has awarded contracts to purchase various mooring components. NOAA intended to begin installing buoys during the summer of 2025 but was [[Page 43322]] ultimately unable to secure ship time from its partners. Buoy installation must occur during the summer months on Lake Ontario. Therefore, NOAA must wait until the summer seasons of 2026, 2027, and 2028 to complete this work. Delaying the effective date until September 21, 2028, will provide NOAA with the necessary additional time to install buoys, which are intended to provide an alternative means to access shipwreck sites without anchoring. While the prohibition on grappling into or anchoring on shipwreck sites is essential to protect shipwrecks from damage, NOAA believes this interest should be balanced with the interest of promoting public access to the sanctuary, consistent with the purposes and policies of the National Marine Sanctuaries Act, 16 U.S.C. 1431(b). Therefore, as explained above, NOAA decided during the designation process to install permanent mooring buoys installed at priority shipwreck sites before the grappling and anchoring prohibition comes into effect, and NOAA needs additional time to install buoys. In the meantime, NOAA will minimize risks to shipwrecks by continuing its educational outreach efforts to promote the protection of sanctuary resources. All other regulatory provisions will remain in effect, including the prohibition on ``[m]oving, removing, recovering, altering, destroying, possessing or otherwise injuring, or attempting to move, remove, recover, alter, destroy, possess or otherwise injure a sanctuary resource'' (including shipwrecks) (922.223(a)(1)). Further, it continues to be a violation of New York State law to damage shipwrecks, including damage from anchoring or grappling. Classification
A. National Marine Sanctuaries Act
This action is issued pursuant to the National Marine Sanctuaries Act (NMSA), 16 U.S.C. 1431 et seq., the NMSA implementing regulations at 15 CFR part 922, and the LONMS implementing regulations at 15 CFR part 922, subpart U.
B. National Environmental Policy Act
NOAA's Policy and Procedures for Compliance with the National Environmental Policy Act (NEPA) and Related Authorities (NOAA Administrative Order (NAO) 216-6A and Companion Manual for NAO 216-6A) provide that all NOAA major Federal actions be reviewed with respect to environmental consequences on the human environment. In the June 2024 Final Environmental Impact Statement (FEIS; https://www.noaa.gov/general-counsel/NEPA/lake-ontario-national-marine-sanctuary-final-environmental-impact-statement-and-management-plan) for the designation of the LONMS, NOAA identified a preferred action, which included establishing a grappling and mooring program and prohibiting the grappling into and anchoring on shipwreck sites throughout the sanctuary. NOAA selected this alternative, as finalized in the June 6, 2024, final rule (89 FR 48272). The 2024 FEIS stated that the provision prohibiting grappling into or anchoring on shipwreck sites would lead to beneficial impacts for historical resources and water quality resources and that staying the effective date of the grappling and anchoring provision would not cause adverse impacts to the existing shipwrecks because all other LONMS regulatory prohibitions (including the prohibition on damaging or injuring sanctuary resources at 922.213(a)(1)) would remain in effect during this postponement. Extending the stay of the effective date of the grappling and anchoring prohibition by an additional two years does not change NOAA's 2024 FEIS analysis of the environmental impacts of the stay. There are no substantial new circumstances or information related to LONMS shipwreck sites, other environmental conditions, or the potential effects of this action that were analyzed in the FEIS. Accordingly, NOAA has determined that no additional NEPA analysis is required for this action. Copies of the FEIS, the record of decision and other related materials that are specific to this action are available at https://sanctuaries.noaa.gov/lake-ontario/, or by contacting NOAA at the address listed in the FOR FURTHER INFORMATION CONTACT section of this final rule.
C. Executive Order 12866: Regulatory Impact
This rule is not significant for purposes of Executive Order 12866, as amended by Executive Order 14094.
D. Executive Order 14192
This final rule is not an Executive Order 14192 regulatory action because this action is not significant under Executive Order 12866.
E. Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration at the final rule stage that the action designating the LONMS would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification was discussed in the preamble of the proposed rule issued on January 19, 2023 (88 FR 3334) and has not changed, and NOAA did not receive any comments on the certification. Therefore, a final regulatory flexibility analysis was not required and was not prepared. This action to change the effective date for the provision to prohibit the grappling into or anchoring on shipwreck sites does not change the outcome of the certification.
E. Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of the National Ocean Service, NOAA, finds good cause to not provide prior notice and opportunity for public comment because notice and comment is unnecessary and contrary to the public interest. NOAA originally established a two-year stay to delay the effective date for 922.223(a)(3) in response to public comments expressing concerns that the prohibition would negatively affect commercial vessels that may need to anchor in the sanctuary and would limit public access to shipwrecks when alternatives to anchoring (i.e., buoys) are not available. NOAA stayed the effective date of the grappling and anchoring prohibition to allow NOAA time to install buoys and promote the protection of sanctuary resources. This action extends the stay of the effective date until September 21, 2028, to provide necessary additional time to install buoys. In the meantime, NOAA will minimize risks to shipwrecks by continuing its educational outreach efforts to promote the protection of sanctuary resources. For these reasons, we find good cause that notice and public comment procedures are unnecessary. List of Subjects in 15 CFR Part 922 Administrative practice and procedure, Coastal zone, Natural resources, Historic preservation, Marine resources, National marine sanctuaries, Recreation and recreation areas, Shipwrecks. Nicole R. LeBoeuf, Assistant Administrator for Ocean Services and Coastal Zone Management, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2026-14204 Filed 7-14-26; 8:45 am] BILLING CODE 3510-NK-P
What this changes
Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.
Rulemaking docket
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Documents
- Full text (Federal Register) · July 15, 2026
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