Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67067 

is provided the first time that it is 

mentioned in this document. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

• This RIS is also available on the 

NRC’s public website at https://

www.nrc.gov/reading-rm/doccollections/gen-comm/reg-issues (select 

2014, scroll to Document Number RIS– 

14–06, and select the date 08/21/2023). 

FOR FURTHER INFORMATION CONTACT: 

Lauren Gibson, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

1056, email: Lauren.Gibson@nrc.gov. 

SUPPLEMENTARY INFORMATION: The NRC 

published a notice of opportunity for 

public comment on this RIS in the 

Federal Register on March 7, 2023 (88 

FR 14091). The agency received 

comments from six commenters. The 

staff considered all comments, but no 

changes were made to the RIS. The NRC 

staff’s evaluation of these comments is 

discussed in a publicly available 

memorandum which is available in 

ADAMS under Accession No 

ML23191A262. 

RIS 2014–06, Revision 1, 

‘‘Consideration of Current Operating 

Issues and Licensing Actions in License 

Renewal’’ is available in ADAMS under 

Accession No. ML23167A044. 

As noted in the Federal Register on 

May 8, 2018 (83 FR 20858), this 

document (like other draft and final 

Regulatory Issue Summaries) is being 

published in the Rules section of the 

Federal Register to comply with 

publication requirements under 1 CFR 

chapter I. 

Dated: September 26, 2023. 

For the Nuclear Regulatory Commission. 

Lisa M. Regner, 

Chief, Generic Communication and Operating 

Experience Branch, Division of Reactor 

Oversight, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2023–21426 Filed 9–28–23; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 230926–0232] 

RIN 0648–BG01 

Designation of Wisconsin Shipwreck 

Coast National Marine Sanctuary; 

Delay of Effectiveness 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Final rule; delay of 

effectiveness. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

designated the Wisconsin Shipwreck 

Coast National Marine Sanctuary 

(WSCNMS) on June 23, 2021, and the 

final rule became effective on August 

16, 2021. However, as discussed in the 

final rule, the provision that prohibits 

grappling into or anchoring on 

shipwreck sites (grappling and 

anchoring provision) was to go into 

effect on October 1, 2023. This action 

delays the effectiveness of the grappling 

and anchoring provision of the final rule 

until October 1, 2024. 

DATES: As of September 29, 2023, the 

stay of § 922.213(a)(2), which published 

at 86 FR 32757, June 23, 2021, is 

extended until October 1, 2024. 

FOR FURTHER INFORMATION CONTACT: Russ 

Green, Superintendent, Office of 

National Marine Sanctuaries at 920– 

459–4425, russ.green@noaa.gov, or 

Wisconsin Shipwreck Coast National 

Marine Sanctuary, One University 

Drive, Sheboygan, WI 53081, Attn: Russ 

Green, Superintendent. 

SUPPLEMENTARY INFORMATION: On June 

23, 2021, NOAA published a final rule 

to implement the designation of the 

WSCNMS (86 FR 32737). The 

designation and regulations became 

effective on August 16, 2021 (86 FR 

45860; August 17, 2023), although the 

effectiveness of the provision at 15 CFR 

922.213(a)(2) was stayed until October 

1, 2023. As discussed in the final rule 

(86 FR 32737; June 23, 2021), the 

effectiveness of § 922.213(a)(2), which 

prohibits grappling into or anchoring on 

shipwreck sites, was stayed until 

October 1, 2023, to provide NOAA with 

adequate time to develop a shipwreck 

mooring program and plan, begin 

installing mooring buoys, and develop 

best practices for accessing shipwrecks 

when mooring buoys are not present. 

With this final rule, NOAA is further 

delaying the effectiveness for the 

prohibition of grappling into or 

anchoring on shipwreck sites for one 

year, to October 1, 2024. 

Section 922.213(a)(2) prohibits 

grappling into or anchoring on 

shipwreck sites to protect fragile 

shipwrecks within the sanctuary from 

damage. The initial two-year delay, and 

also this thirteen-month extension of the 

effectiveness, is necessary to provide 

additional time for NOAA to develop a 

shipwreck mooring program, which will 

include the installation of mooring buoy 

systems and public outreach and 

education. 

While the prohibition on grappling 

into or anchoring on shipwreck sites is 

essential to protect shipwrecks from 

damage, NOAA believes this interest 

should be balanced with the interest of 

promoting public access to the 

sanctuary. It is important to have 

permanent mooring buoys installed at 

priority shipwreck sites before the 

grappling and anchoring provision 

comes into effect, and NOAA needs 

additional time to install buoys. 

NOAA established the initial two-year 

stay to delay the date of effectiveness for 

§ 922.213(a)(2) when it issued the final 

rule to designate and implement 

regulations for the WSCNMS (86 FR 

32737; June 23, 2021) in response to 

public comments expressing concerns 

that the prohibition would negatively 

affect commercial vessels that may need 

to anchor in the sanctuary, and also 

would limit public access to shipwrecks 

when alternatives to anchoring (i.e., 

buoys) are not available (86 FR 32737, 

at 42144). NOAA delayed the date of 

effectiveness to allow NOAA time to 

install buoys and provide education on 

the location of shipwrecks and on how 

to access shipwrecks using other 

methods. 

Since designation of the sanctuary in 

August 2021, NOAA has identified 19 

shipwreck sites for installation of 

mooring buoys and engaged with the 

Lake Carriers Association to ensure the 

moorings do not impact commercial 

shipping. NOAA worked with State and 

Federal authorities to obtain required 

permits, and has awarded contracts to 

purchase various mooring components. 

NOAA intended to begin installing 

buoys during the summer months of 

2023, but was ultimately unable to 

secure ship time from its partners. Buoy 

installation must occur during the 

summer months on Lake Michigan. 

Therefore, NOAA must wait until the 

summer season of 2024 to perform this 

work. This action extends the stay to 

delay the date of effectiveness until 

October 1, 2024, thus giving NOAA the 


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67068 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 

necessary additional time to install 

buoys. During the continuing delay, 

NOAA will minimize risks to 

shipwrecks by continuing its 

educational outreach efforts. 

NOAA will continue its educational 

outreach to provide the public notice of 

shipwreck locations and best practices 

for accessing shipwrecks when mooring 

buoys are not present. All other 

regulatory provisions will remain in 

effect, including the prohibition on 

altering, destroying, or otherwise 

injuring any sanctuary resource 

(including shipwrecks) (§ 922.213(a)(1)). 

It also continues to be a violation of 

State law to damage shipwrecks, 

including damage from anchoring. 

Classification 

A. National Marine Sanctuaries Act 

This action is issued pursuant to the 

National Marine Sanctuaries Act 

(NMSA), 16 U.S.C. 1431 et seq., the 

NMSA implementing regulations at 15 

CFR part 922, and the WSCNMS 

implementing regulations at 15 CFR part 

922, subpart T. The provision at 15 CFR 

922.213(a)(2) prohibits grappling into or 

anchoring on shipwreck sites. 

B. National Environmental Policy Act 

NOAA’s Policy and Procedures for 

Compliance with the National 

Environmental Policy Act (NEPA) and 

Related Authorities (NOAA 

Administrative Order (NAO) 216–6A 

and Companion Manual for NAO 216– 

6A) provide that all NOAA major 

Federal actions be reviewed with 

respect to environmental consequences 

on the human environment. In the June 

2020 Final Environmental Impact 

Statement (FEIS) (see https://

nmssanctuaries.blob.core.windows.net/ 

sanctuaries-prod/media/docs/2020- 

wisconsin-shipwreck-coast-nationalmarine-sanctuary-designation-finaleis.pdf) for the designation of the 

WSCNMS, NOAA identified a preferred 

action, which was to establish a 

grappling and mooring program and to 

prohibit the grappling into and 

anchoring on shipwreck sites 

throughout the sanctuary. NOAA 

selected this alternative, as finalized in 

the June 23, 2021, final rule. The 2020 

FEIS specifically stated that the 

provision prohibiting grappling into or 

anchoring on shipwreck sites would 

lead to beneficial impacts for historical 

resources and water quality resources, 

and that delaying the effectiveness of 

the grappling and anchoring provision 

would not cause adverse impacts to the 

existing shipwrecks because existing 

State regulations already prohibit 

damaging historic shipwrecks sites 

within the sanctuary area and because 

all other WSCNMS regulatory 

prohibitions (including the prohibition 

on damaging or injuring sanctuary 

resources at § 922.213(a)(1)) would 

remain in effect during this 

postponement. In the FEIS and 

implementing regulations, NOAA also 

explained that, to help vessels avoid 

inadvertently anchoring on known 

shipwrecks sites, NOAA will publish 

maps with coordinates of known and 

estimated shipwreck locations to help 

vessels avoid inadvertently anchoring 

on known shipwrecks sites. 

Extending the delay of the date of 

effectiveness an additional year does not 

change NOAA’s 2020 FEIS analysis of 

the environmental impacts of the delay. 

Additionally, NOAA will continue its 

educational outreach to provide the 

public notice of shipwreck locations 

and best practices for accessing 

shipwrecks when mooring buoys are not 

present. NOAA further believes there 

has not been a significant change to the 

environmental conditions, such as 

changes to the risks to shipwreck sites, 

that would change the potential 

environmental effects of continuing the 

delay analyzed in the FEIS. NOAA has 

determined that no additional NEPA 

analysis is required for this action. 

Copies of the FEIS, the record of 

decision and other related materials that 

are specific to this action are available 

at https://sanctuaries.noaa.gov/ 

wisconsin/, or by contacting NOAA at 

the address listed in the FOR FURTHER

INFORMATION CONTACT section of this 

final rule. 

C. Executive Order 12866: Regulatory 

Impact 

This rule is not to be significant for 

purposes of Executive Order 12866, as 

amended by Executive Order 14094. 

D. Regulatory Flexibility Act 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration at the 

proposed rule stage that the action 

designating the WSCNMS would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual basis for this certification 

was discussed in the proposed rule 

issued on January 9, 2017 (82 FR 2269, 

at 22742275). As noted n the June 23, 

2021 final rule (86 FR 32737, at 32752), 

the changes from the proposed rule 

would not have an impact on small 

entities and therefore would not change 

the conclusion of the certification at the 

proposed rule stage. In addition, NOAA 

did not receive any comments on the 

certification. Therefore, a final 

regulatory flexibility analysis was not 

required and was not prepared. This 

action to extend the delay in the 

effectiveness for the provision to 

prohibit the grappling into or anchoring 

on shipwreck sites similarly does not 

change the outcome of the certification. 

E. Administrative Procedures Act 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator of the National 

Ocean Service, NOAA, finds good cause 

to not provide prior notice and 

opportunity for public comment. This 

action extends the delay of the date of 

effectiveness for § 922.213(a)(2), which 

prohibits grappling into or anchoring on 

shipwreck sites. NOAA originally 

established the initial two-year stay to 

delay the date of effectiveness for 

§ 922.213(a)(2) when it issued the final 

rule to designate and implement 

regulations for the WSCNMS (86 FR 

32737; June 23, 2021) in response to 

public comments expressing concerns 

that the prohibition would negatively 

affect commercial vessels that may need 

to anchor in the sanctuary, and also 

would limit public access to shipwrecks 

when alternatives to anchoring (i.e. 

buoys) are not available (86 FR 32737, 

at 42144). NOAA delayed the date of 

effectiveness to allow NOAA time to 

install buoys and provide education on 

the location of shipwrecks and on how 

to access shipwrecks using other 

methods. Buoy installation must occur 

during the summer months on Lake 

Michigan. NOAA intended to begin 

installing buoys during the summer 

months of 2023, but was ultimately 

unable to secure ship time from its 

partners. Therefore, NOAA must wait 

until the summer season of 2024 to 

perform this work. This action extends 

the delay of the date of effectiveness 

until October 1, 2024, thus giving 

NOAA the necessary additional time to 

install buoys. During the continuing 

delay, NOAA will minimize risks to 

shipwrecks by continuing its 

educational outreach efforts. Providing 

notice and opportunity for public 

comment under the Administrative 

Procedure Act for the extension of the 

delay of the effectiveness would serve 

no useful purpose because and the 

continued delay in effectiveness is 

consistent with the public comments 

already received. This delay in the date 

of effectiveness also supports the public 

interest in accessing shipwrecks. For 

these reasons, we find for good cause 

that notice and public procedure are 

unnecessary and contrary to the public 

interest. 


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Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Rules and Regulations 67069 

1See Administrative Protective Order, Service, 

and Other Procedures in Antidumping and 

Countervailing Duty Proceedings, 87 FR 72916 

(November 28, 2022) (Proposed Rule). 

List of Subjects in 15 CFR Part 922 

Administrative practice and 

procedure, Coastal zone, Natural 

resources, Historic preservation, Marine 

resources, National marine sanctuaries, 

Recreation and recreation areas, 

Shipwrecks. 

Nicole R. LeBoeuf, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management, National 

Ocean Service, National Oceanic and 

Atmospheric Administration. 

[FR Doc. 2023–21648 Filed 9–28–23; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

[Docket No. 230905–0210] 

RIN 0625–AB15 

Administrative Protective Order, 

Service, and Other Procedures in 

Antidumping and Countervailing Duty 

Proceedings 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: Pursuant to its authority 

under title VII of the Tariff Act of 1930, 

as amended (the Act), the U.S. 

Department of Commerce (Commerce) is 

modifying its regulations governing 

procedures related to administrative 

protective orders (APO) and service of 

documents submitted in antidumping 

(AD) and countervailing duty (CVD) 

proceedings. Specifically, Commerce is 

making certain changes to its 

procedures governing the filing of 

documents (including public 

documents, business proprietary 

documents, and public versions of 

business proprietary documents), as 

well as service of documents. Commerce 

is also making additional clarifications 

and corrections to other procedural 

aspects of its AD/CVD regulations, 

including updates to the scope, 

circumvention, and covered 

merchandise referral regulations. Lastly, 

Commerce is deleting from its 

regulations two provisions that have 

been invalidated by the United States 

Court of Appeals for the Federal Circuit 

(Federal Circuit). 

DATES: Effective date: October 30, 2023. 

This final rule will apply to all AD/CVD 

proceedings that are ongoing on the 

effective date and all AD/CVD 

proceedings initiated on or after the 

effective date. 

FOR FURTHER INFORMATION CONTACT: 

Nikki Kalbing at (202) 482–4343, Elio 

Gonzalez at (202) 482–3765, or Scott 

McBride at (202) 482–6292. 

SUPPLEMENTARY INFORMATION: 

General Background 

On November 28, 2022, Commerce 

published a proposed modification of its 

regulations governing procedures 

related to APOs and service of 

documents submitted in AD and CVD 

proceedings and to procedural aspects 

of its AD/CVD regulations (hereafter, the 

Proposed Rule).1 The Proposed Rule 

explained Commerce’s proposal to make 

permanent certain changes to its service 

procedures that have been adopted on a 

temporary basis due to COVID–19, and 

proposed additional clarifications and 

corrections to its AD/CVD regulations, 

including updating the scope, 

circumvention, and covered 

merchandise referrals, and deleting from 

its regulations two provisions that have 

been invalidated by the Federal Circuit. 

Commerce received nine comments on 

the Proposed Rule and has addressed 

those comments below. After analyzing 

and carefully considering each comment 

it received in response to the Proposed 

Rule, Commerce has adopted the 

proposed modification with certain 

changes and is amending its regulations 

accordingly. 

Explanation of Modifications From the 

Proposed Rule to the Final Rule 

As we explained in the Proposed 

Rule, one of the purposes for modifying 

our regulations is to assist in making the 

administration of Commerce’s AD/CVD 

proceedings more efficient by allowing 

parties to utilize available electronic or 

other efficient means of service. In this 

final rule, Commerce has determined to 

make certain modifications from the 

Proposed Rule in response to the 

comments received. With these 

modifications, as discussed further 

below, this final rule codifies the 

regulations proposed on November 28, 

2022. 

In this final rule, Commerce is 

amending proposed section 

351.303(f)(1)(iii) to make service via 

electronic transmission for public 

documents and public versions of a 

business proprietary document, and 

service via secure electronic 

transmission for business proprietary 

documents, the default method of 

alternative service when service of such 

documents cannot be effectuated on 

ACCESS or when ACCESS is 

unavailable. This includes, for example, 

service of business proprietary 

documents filed under the one-day lag 

rule under section 351.303(c) (i.e., nonfinal business proprietary documents 

filed on the due date under the one-day 

lag rule). As a result of adopting this 

change, Commerce is not adopting its 

proposed modification that parties file a 

standalone certificate of service for 

documents filed under the one-day lag 

rule under proposed section 

351.303(c)(2)(i). Commerce is also 

modifying section 351.303(f)(2)(i) to 

permit electronic service of certain 

requests for review. In addition, 

Commerce is modifying section 

351.305(c)(2) to specify that service of 

earlier-filed business proprietary 

submissions that are no longer available 

on ACCESS may be effectuated via 

secure electronic transmission. 

Commerce is also making some 

additional modifications for clarity and 

consistency. Finally, in this final rule, 

we are adopting the proposed 

amendments to the regulations 

discussed in the Proposed Rule for 

which we did not receive comments, or 

that we are not otherwise modifying, as 

discussed in greater detail below. 

The following sections generally 

contain a brief discussion of each 

regulatory provision for which we 

received comments, a summary of the 

comments we received, and Commerce’s 

responses to those comments. These 

sections contain further explanation of 

any changes Commerce is making in 

this final rule from the Proposed Rule, 

either in response to comments or that 

Commerce deems necessary for 

conforming to, or clarification of, the 

regulations, or for providing additional 

public benefit. The final section 

discusses additional comments 

suggesting other modifications to the 

ACCESS system and filing procedures 

that were not covered or addressed in 

the Proposed Rule and are therefore not 

included in this final rule. 

Responses to Comments Received on 

the Proposed Rule 

Commerce received nine comments 

on the Proposed Rule. Below is a 

summary of the comments, grouped by 

issue category, followed by Commerce’s 

response. 

Standalone Certificates of Service for 

Business Proprietary Documents 

Proposed section 351.303(c)(2)(i) 

would require a party filing a business 

proprietary document on ACCESS to 

also file a separate, standalone, public 

certificate of service with its 

submission. Although the Preamble to 


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