81_FR_72825 81 FR 72622 - Northeast Ocean Plan for National Ocean Council Certification

81 FR 72622 - Northeast Ocean Plan for National Ocean Council Certification

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range72622-72624
FR Document2016-25372

The National Ocean Council notifies the public that the Northeast Ocean Plan was approved for submittal to the National Ocean Council by the Northeast Regional Planning Body and submitted to the National Ocean Council for certification on October 14, 2016, as required by Executive Order 13547. The National Ocean Council will certify, or not certify, the Northeast Ocean Plan as consistent with the National Ocean Policy, Final Recommendations of the Interagency Ocean Policy Task Force, and the Marine Planning Handbook no sooner than 30 days from the publication of this Notice. The Northeast Ocean Plan can be found on the National Ocean Council's Web site at: https:// www.whitehouse.gov/sites/default/files/microsites/ostp/ NortheastOceanPlan_October2016.pdf.

Federal Register, Volume 81 Issue 203 (Thursday, October 20, 2016)
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72622-72624]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25372]


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OFFICE OF SCIENCE AND TECHNOLOGY POLICY


Northeast Ocean Plan for National Ocean Council Certification

AGENCY: National Ocean Council, Office of Science and Technology 
Policy; Council on Environmental Quality; Department of Agriculture; 
Department of Commerce; Department of Defense; Department of Energy; 
Environmental Protection Agency; Department of Homeland Security; 
Department of the Interior; Department of Transportation; and Chairman, 
Joint Chiefs of Staff.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The National Ocean Council notifies the public that the 
Northeast Ocean Plan was approved for submittal to the National Ocean 
Council by the Northeast Regional Planning Body and submitted to the 
National Ocean Council for certification on October 14, 2016, as 
required by Executive Order 13547. The National Ocean Council will 
certify, or not certify, the Northeast Ocean Plan as consistent with 
the National Ocean Policy, Final Recommendations of the Interagency 
Ocean Policy Task Force, and the Marine Planning Handbook no sooner 
than 30 days from the publication of this Notice. The Northeast Ocean 
Plan can be found on the National Ocean Council's Web site at: https://www.whitehouse.gov/sites/default/files/microsites/ostp/NortheastOceanPlan_October2016.pdf.

FOR FURTHER INFORMATION CONTACT: Deerin S. Babb-Brott, Director, 
National Ocean Council, 202-456-4444.

SUPPLEMENTARY INFORMATION: 

I. Background

National Ocean Policy

    Executive Order 13547, Stewardship of the Ocean, Our Coasts, and 
the Great Lakes, signed July 19, 2010, established the National Ocean 
Policy to protect, maintain, and restore the health and biodiversity of 
the ocean, coastal, and Great Lakes ecosystems and resources; enhance 
the sustainability of the ocean and coastal economies and provide for 
adaptive management; increase our scientific understanding and 
awareness of changing environmental conditions; and support 
preservation of navigational rights and freedoms, in accordance with 
customary international law, which are essential for conservation of 
marine resources, sustaining the global economy and promoting national 
security. The National Ocean Policy encourages a comprehensive, 
ecosystem-based, and transparent ocean planning process for analyzing 
current and anticipated uses of ocean and coastal areas and resources. 
This includes the voluntary development of regional marine plans by 
intergovernmental regional planning bodies such as the Northeast 
Regional Planning Board (NERPB). These regional plans build on existing 
Federal, State, and Tribal planning and decision-making processes to 
enable a more comprehensive and proactive approach to managing marine 
resources, sustaining coastal uses and improving the conservation of 
the ocean, our coasts, and the Great Lakes.

Northeast Regional Planning Body

    The NERPB includes six States (Connecticut, Maine, Massachusetts, 
New Hampshire, Rhode Island, and Vermont) and six federally recognized 
Indian Tribes (Aroostook Band of Micmacs, Houlton Band of Maliseet 
Indians, Mashpee Wampanoag Tribal Council, Mohegan Indian Tribe of 
Connecticut, Narragansett Indian Tribe of Rhode Island, and Wampanoag 
Tribe of Gay Head [Aquinnah]). Ten Federal Agencies serve on the NERPB: 
Department of Agriculture represented by the Natural Resource 
Conservation Service; Department of Commerce represented by the 
National Oceanic and Atmospheric Administration; Department of Defense 
represented by the U.S. Navy; Department of Energy; Department of 
Homeland Security represented by the U.S. Coast Guard; Department of 
the Interior represented by the Bureau of Ocean Energy Management in 
coordination with Fish and Wildlife Service, National Park Service, and 
U.S. Geological Survey; Department of Transportation represented by the 
Maritime Administration; Environmental Protection Agency; Chairman of 
the Joint Chiefs of Staff represented by the U.S. Navy; and the U.S. 
Army Corps of Engineers in an ex officio status. The New England 
Fishery Management Council also serves on the NERPB. The NERPB is not a 
regulatory body and has no independent legal authority to regulate or 
direct Federal, State, or Tribal entities, nor does the Northeast Ocean 
Plan (NE Ocean Plan or Plan) augment or subtract from any agency's

[[Page 72623]]

existing statutory or regulatory authorities.

National Ocean Council

    Executive Order 13547 established the National Ocean Council (NOC) 
to direct implementation of the National Ocean Policy. The NOC is 
comprised of: The Secretaries of Agriculture, Commerce, Defense, 
Energy, Health and Human Services, Homeland Security, Interior, Labor, 
State, and Transportation; the Attorney General; the Administrators of 
the Environmental Protection Agency, the National Aeronautics and Space 
Administration, and National Oceanic and Atmospheric Administration; 
the Directors of the Office of Management and Budget, National 
Intelligence, the Office of Science and Technology Policy (OSTP), and 
National Science Foundation; the Chairman of the Joint Chiefs of Staff; 
the Chairs of the Council on Environmental Quality (CEQ) and the 
Federal Energy Regulatory Commission; the Assistants to the President 
for National Security Affairs, Homeland Security and Counterterrorism, 
Domestic Policy, Energy and Climate Change, and Economic Policy; and an 
employee of the Federal Government designated by the Vice President. 
The Chair of CEQ and the Director of OSTP co-chair the NOC.

NOC Certification of Regional Marine Plans

    Executive Order 13547 adopts the Final Recommendations of the 
Interagency Ocean Policy Task Force (Final Recommendations). The Final 
Recommendations set forth the process for the NOC to review and certify 
each regional marine plan to ensure it is consistent with the National 
Ocean Policy and includes the essential elements described in the Final 
Recommendations as further characterized by the NOC's subsequent Marine 
Planning Handbook (Handbook; 2013). Consistent with the Final 
Recommendations and the Handbook, the NOC will determine whether to 
certify, or not certify, the Northeast Ocean Plan no sooner than 30 
days from the publication of this Notice. Pursuant to Executive Order 
13547, if the NOC certifies the NE Ocean Plan, Federal Agencies shall 
comply with the Plan in the conduct of their missions and programs to 
the fullest extent consistent with applicable law.

II. The Northeast Ocean Plan

    The NE Ocean Plan is a comprehensive, ecosystem-based, and 
proactive approach to managing uses and resources in the marine 
environment of the Northeast United States. The Plan is intended to 
strengthen interagency coordination, enhance public participation, and 
improve planning and policy implementation. The Plan has three main 
goals: (1) Healthy ocean and coastal ecosystems; (2) effective 
decision-making; and (3) compatibility among past, current, and future 
ocean uses. The Plan also describes best practices for coordination 
among Federal Agencies, Tribes, States, stakeholders, and the public.
    The NE Ocean Plan is informed by extensive stakeholder data and 
input. Throughout the planning process, stakeholders were involved in 
developing data products for human activities (such as shipping, 
fishing, recreation, energy, and aquaculture) and marine life and 
habitat (through review of the methods, analyses, and draft products 
for spatial data characterizing species and their habitat). These data 
products reside on the Northeast Ocean Data Portal (Data Portal or 
Portal). The NERPB developed the Portal, in collaboration with an 
associated working group, to serve as a user-friendly source of maps, 
data, and tools that can serve as one source of information to inform 
ocean planning from the Gulf of Maine to Long Island Sound. A range of 
government entities, non-government organizations, and stakeholders in 
the Northeast region are already using the Portal. It is available to 
the public online at www.northeastoceandata.org.
    As described in a Notice by the National Oceanic and Atmospheric 
Administration, published in the Federal Register on May 25, (2016 81 
FR 33213), the NERPB previously released a draft NE Ocean Plan for a 
sixty-day public comment period. The NERPB prepared a summary and 
response to the comments received from the public and stakeholders that 
can be found at www.NOAA.oceanplanning.org.

III. Implementation of the NE Ocean Plan

    The Federal members of the NERPB administer a wide range of 
statutes and programs that involve or affect the marine environment in 
the Northeast regional ocean planning area. These Federal departments 
and agencies carry out actions under Federal laws involving a wide 
range of regulatory responsibilities and non-regulatory missions and 
management activities throughout the Nation's waterways and the ocean. 
Activities of Federal NERPB members include managing and developing 
marine transportation infrastructure, national security and homeland 
defense activities; regulating ocean discharges; siting energy 
facilities; permitting sand removal and beach re-nourishment; managing 
national parks, national wildlife refuges, and national marine 
sanctuaries; regulating commercial and recreational fishing; and 
managing activities affecting threatened and endangered species and 
migratory birds.
    The specific manner and mechanism each Federal agency will use to 
implement the NE Ocean Plan will depend on that agency's mission, 
authorities, and activities. If the NOC certifies that the NE Ocean 
Plan is consistent with the National Ocean Policy, the Final 
Recommendations, and the Handbook, each Federal NERPB member will use 
the NE Ocean Plan to inform and guide its planning activities and 
decision-making actions, including permitting, authorizing, and leasing 
decisions that involve or affect the Northeast regional ocean planning 
area.
    Specifically, consistent and within existing statutory authorities, 
Executive Order 13547 and the Final Recommendations, the Federal 
Agencies represented on the NERPB, and their relevant components, 
expressly including the U.S. Army Corps of Engineers in its ex officio 
status for responsibilities beyond those in Title 10, U.S. Code, will: 
(1) Identify, develop, and make publicly available implementing 
instructions, such as internal agency guidance, directives, or similar 
organizational or administrative documents, that describe the way the 
agency will use the Plan to inform and guide its actions and decisions 
in or affecting the Northeast regional ocean planning area; (2) ensure 
that the agency, through such internal administrative instructions, 
will consider the data products available from the Data Portal in its 
decision making and as it carries out its actions in or affecting the 
Northeast regional ocean planning area; and (3) explain its use of the 
Plan and Data Portal in its decisions, activities, or planning 
processes that involve or affect the Northeast regional ocean planning 
area.

IV. Conclusion

    The National Ocean Policy provides a path for Federal Agencies, 
States and Tribes to work collaboratively and proactively to manage the 
many existing and future uses of the Nation's oceans, coasts and Great 
Lakes. If the NOC certifies the plan, NERPB members intend to use the 
NE Ocean Plan to align their priorities and share data and technical 
information to minimize conflicts among uses, take actions to

[[Page 72624]]

promote the productivity of marine resources, sustain healthy 
ecosystems, and promote the prosperity and security of the Nation's 
ocean and coastal communities and their economies for the benefit of 
present and future generations. The NOC will review the NE Ocean Plan 
for consistency with the National Ocean Policy, Final Recommendations 
of the Interagency Ocean Policy Task Force, and the Marine Planning 
Handbook and make its determination no sooner than 30 days from the 
publication of this Notice.

    Authority:  Executive Order 13547, ``Stewardship of the Ocean, 
Our Coasts and the Great Lakes'' (July 19, 2010).

Ted Wackler,
Deputy Chief of Staff and Assistant Director.
[FR Doc. 2016-25372 Filed 10-19-16; 8:45 am]
 BILLING CODE 3270-F7-P



                                                  72622                       Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

                                                  POSTAL SERVICE                                          www.prc.gov, Docket Nos. MC2017–5,                    and support preservation of navigational
                                                                                                          CP2017–11.                                            rights and freedoms, in accordance with
                                                  Product Change—Priority Mail Express                                                                          customary international law, which are
                                                                                                          Stanley F. Mires,
                                                  and Priority Mail Negotiated Service                                                                          essential for conservation of marine
                                                  Agreement                                               Attorney, Federal Compliance.                         resources, sustaining the global
                                                                                                          [FR Doc. 2016–25358 Filed 10–19–16; 8:45 am]          economy and promoting national
                                                  AGENCY:    Postal ServiceTM.                            BILLING CODE 7710–12–P                                security. The National Ocean Policy
                                                  ACTION:   Notice.                                                                                             encourages a comprehensive,
                                                                                                                                                                ecosystem-based, and transparent ocean
                                                                                                          OFFICE OF SCIENCE AND                                 planning process for analyzing current
                                                  SUMMARY:    The Postal Service gives                    TECHNOLOGY POLICY                                     and anticipated uses of ocean and
                                                  notice of filing a request with the Postal                                                                    coastal areas and resources. This
                                                  Regulatory Commission to add a                          Northeast Ocean Plan for National                     includes the voluntary development of
                                                  domestic shipping services contract to                  Ocean Council Certification                           regional marine plans by
                                                  the list of Negotiated Service                                                                                intergovernmental regional planning
                                                  Agreements in the Mail Classification                   AGENCY: National Ocean Council, Office
                                                                                                          of Science and Technology Policy;                     bodies such as the Northeast Regional
                                                  Schedule’s Competitive Products List.                                                                         Planning Board (NERPB). These regional
                                                                                                          Council on Environmental Quality;
                                                  DATES:   Effective date: October 20, 2016.              Department of Agriculture; Department                 plans build on existing Federal, State,
                                                                                                          of Commerce; Department of Defense;                   and Tribal planning and decision-
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              making processes to enable a more
                                                  Elizabeth A. Reed, 202–268–3179.                        Department of Energy; Environmental
                                                                                                          Protection Agency; Department of                      comprehensive and proactive approach
                                                  SUPPLEMENTARY INFORMATION:      The                     Homeland Security; Department of the                  to managing marine resources,
                                                  United States Postal Service® hereby                    Interior; Department of Transportation;               sustaining coastal uses and improving
                                                  gives notice that, pursuant to 39 U.S.C.                and Chairman, Joint Chiefs of Staff.                  the conservation of the ocean, our
                                                  3642 and 3632(b)(3), on October 14,                                                                           coasts, and the Great Lakes.
                                                                                                          ACTION: Notice.
                                                  2016, it filed with the Postal Regulatory                                                                     Northeast Regional Planning Body
                                                  Commission a Request of the United                      SUMMARY:    The National Ocean Council
                                                  States Postal Service to Add Priority                   notifies the public that the Northeast                  The NERPB includes six States
                                                  Mail Express & Priority Mail Contract 37                Ocean Plan was approved for submittal                 (Connecticut, Maine, Massachusetts,
                                                  to Competitive Product List. Documents                  to the National Ocean Council by the                  New Hampshire, Rhode Island, and
                                                  are available at www.prc.gov, Docket                    Northeast Regional Planning Body and                  Vermont) and six federally recognized
                                                  Nos. MC2017–6, CP2017–12.                               submitted to the National Ocean                       Indian Tribes (Aroostook Band of
                                                                                                          Council for certification on October 14,              Micmacs, Houlton Band of Maliseet
                                                  Stanley F. Mires,                                       2016, as required by Executive Order                  Indians, Mashpee Wampanoag Tribal
                                                  Attorney, Federal Compliance.                           13547. The National Ocean Council will                Council, Mohegan Indian Tribe of
                                                  [FR Doc. 2016–25357 Filed 10–19–16; 8:45 am]            certify, or not certify, the Northeast                Connecticut, Narragansett Indian Tribe
                                                  BILLING CODE 7710–12–P                                  Ocean Plan as consistent with the                     of Rhode Island, and Wampanoag Tribe
                                                                                                          National Ocean Policy, Final                          of Gay Head [Aquinnah]). Ten Federal
                                                                                                          Recommendations of the Interagency                    Agencies serve on the NERPB:
                                                  POSTAL SERVICE                                          Ocean Policy Task Force, and the                      Department of Agriculture represented
                                                                                                          Marine Planning Handbook no sooner                    by the Natural Resource Conservation
                                                  Product Change—Priority Mail                            than 30 days from the publication of                  Service; Department of Commerce
                                                  Negotiated Service Agreement                            this Notice. The Northeast Ocean Plan                 represented by the National Oceanic
                                                                                                          can be found on the National Ocean                    and Atmospheric Administration;
                                                  AGENCY:    Postal ServiceTM.                            Council’s Web site at: https://                       Department of Defense represented by
                                                  ACTION:   Notice.                                       www.whitehouse.gov/sites/default/files/               the U.S. Navy; Department of Energy;
                                                                                                          microsites/ostp/NortheastOceanPlan_                   Department of Homeland Security
                                                  SUMMARY: The Postal Service gives
                                                                                                          October2016.pdf.                                      represented by the U.S. Coast Guard;
                                                  notice of filing a request with the Postal              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                Department of the Interior represented
                                                  Regulatory Commission to add a                          Deerin S. Babb-Brott, Director, National              by the Bureau of Ocean Energy
                                                  domestic shipping services contract to                  Ocean Council, 202–456–4444.                          Management in coordination with Fish
                                                  the list of Negotiated Service                                                                                and Wildlife Service, National Park
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  Agreements in the Mail Classification                                                                         Service, and U.S. Geological Survey;
                                                  Schedule’s Competitive Products List.                   I. Background                                         Department of Transportation
                                                                                                                                                                represented by the Maritime
                                                  DATES:   Effective date: October 20, 2016.              National Ocean Policy                                 Administration; Environmental
                                                                                                            Executive Order 13547, Stewardship                  Protection Agency; Chairman of the
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          of the Ocean, Our Coasts, and the Great               Joint Chiefs of Staff represented by the
                                                  Elizabeth A. Reed, 202–268–3179.
                                                                                                          Lakes, signed July 19, 2010, established              U.S. Navy; and the U.S. Army Corps of
                                                  SUPPLEMENTARY INFORMATION:      The                     the National Ocean Policy to protect,                 Engineers in an ex officio status. The
                                                  United States Postal Service® hereby                    maintain, and restore the health and                  New England Fishery Management
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                                                  gives notice that, pursuant to 39 U.S.C.                biodiversity of the ocean, coastal, and               Council also serves on the NERPB. The
                                                  3642 and 3632(b)(3), on October 14,                     Great Lakes ecosystems and resources;                 NERPB is not a regulatory body and has
                                                  2016, it filed with the Postal Regulatory               enhance the sustainability of the ocean               no independent legal authority to
                                                  Commission a Request of the United                      and coastal economies and provide for                 regulate or direct Federal, State, or
                                                  States Postal Service to Add Priority                   adaptive management; increase our                     Tribal entities, nor does the Northeast
                                                  Mail Contract 248 to Competitive                        scientific understanding and awareness                Ocean Plan (NE Ocean Plan or Plan)
                                                  Product List. Documents are available at                of changing environmental conditions;                 augment or subtract from any agency’s


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                                                                              Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices                                          72623

                                                  existing statutory or regulatory                        environment of the Northeast United                   infrastructure, national security and
                                                  authorities.                                            States. The Plan is intended to                       homeland defense activities; regulating
                                                                                                          strengthen interagency coordination,                  ocean discharges; siting energy
                                                  National Ocean Council
                                                                                                          enhance public participation, and                     facilities; permitting sand removal and
                                                    Executive Order 13547 established the                 improve planning and policy                           beach re-nourishment; managing
                                                  National Ocean Council (NOC) to direct                  implementation. The Plan has three                    national parks, national wildlife refuges,
                                                  implementation of the National Ocean                    main goals: (1) Healthy ocean and                     and national marine sanctuaries;
                                                  Policy. The NOC is comprised of: The                    coastal ecosystems; (2) effective                     regulating commercial and recreational
                                                  Secretaries of Agriculture, Commerce,                   decision-making; and (3) compatibility                fishing; and managing activities
                                                  Defense, Energy, Health and Human                       among past, current, and future ocean                 affecting threatened and endangered
                                                  Services, Homeland Security, Interior,                  uses. The Plan also describes best                    species and migratory birds.
                                                  Labor, State, and Transportation; the                   practices for coordination among                         The specific manner and mechanism
                                                  Attorney General; the Administrators of                 Federal Agencies, Tribes, States,                     each Federal agency will use to
                                                  the Environmental Protection Agency,                    stakeholders, and the public.                         implement the NE Ocean Plan will
                                                  the National Aeronautics and Space                         The NE Ocean Plan is informed by                   depend on that agency’s mission,
                                                  Administration, and National Oceanic                    extensive stakeholder data and input.                 authorities, and activities. If the NOC
                                                  and Atmospheric Administration; the                     Throughout the planning process,                      certifies that the NE Ocean Plan is
                                                  Directors of the Office of Management                   stakeholders were involved in                         consistent with the National Ocean
                                                  and Budget, National Intelligence, the                  developing data products for human                    Policy, the Final Recommendations, and
                                                  Office of Science and Technology Policy                 activities (such as shipping, fishing,                the Handbook, each Federal NERPB
                                                  (OSTP), and National Science                            recreation, energy, and aquaculture) and              member will use the NE Ocean Plan to
                                                  Foundation; the Chairman of the Joint                   marine life and habitat (through review               inform and guide its planning activities
                                                  Chiefs of Staff; the Chairs of the Council              of the methods, analyses, and draft                   and decision-making actions, including
                                                  on Environmental Quality (CEQ) and                      products for spatial data characterizing              permitting, authorizing, and leasing
                                                  the Federal Energy Regulatory                           species and their habitat). These data                decisions that involve or affect the
                                                  Commission; the Assistants to the                       products reside on the Northeast Ocean                Northeast regional ocean planning area.
                                                  President for National Security Affairs,                Data Portal (Data Portal or Portal). The                 Specifically, consistent and within
                                                  Homeland Security and                                   NERPB developed the Portal, in                        existing statutory authorities, Executive
                                                  Counterterrorism, Domestic Policy,                      collaboration with an associated                      Order 13547 and the Final
                                                  Energy and Climate Change, and                          working group, to serve as a user-                    Recommendations, the Federal Agencies
                                                  Economic Policy; and an employee of                     friendly source of maps, data, and tools              represented on the NERPB, and their
                                                  the Federal Government designated by                    that can serve as one source of                       relevant components, expressly
                                                  the Vice President. The Chair of CEQ                    information to inform ocean planning                  including the U.S. Army Corps of
                                                  and the Director of OSTP co-chair the                   from the Gulf of Maine to Long Island                 Engineers in its ex officio status for
                                                  NOC.                                                    Sound. A range of government entities,                responsibilities beyond those in Title
                                                                                                          non-government organizations, and                     10, U.S. Code, will: (1) Identify,
                                                  NOC Certification of Regional Marine                                                                          develop, and make publicly available
                                                                                                          stakeholders in the Northeast region are
                                                  Plans                                                                                                         implementing instructions, such as
                                                                                                          already using the Portal. It is available
                                                    Executive Order 13547 adopts the                      to the public online at                               internal agency guidance, directives, or
                                                  Final Recommendations of the                            www.northeastoceandata.org.                           similar organizational or administrative
                                                  Interagency Ocean Policy Task Force                        As described in a Notice by the                    documents, that describe the way the
                                                  (Final Recommendations). The Final                      National Oceanic and Atmospheric                      agency will use the Plan to inform and
                                                  Recommendations set forth the process                   Administration, published in the                      guide its actions and decisions in or
                                                  for the NOC to review and certify each                  Federal Register on May 25, (2016 81                  affecting the Northeast regional ocean
                                                  regional marine plan to ensure it is                    FR 33213), the NERPB previously                       planning area; (2) ensure that the
                                                  consistent with the National Ocean                      released a draft NE Ocean Plan for a                  agency, through such internal
                                                  Policy and includes the essential                       sixty-day public comment period. The                  administrative instructions, will
                                                  elements described in the Final                         NERPB prepared a summary and                          consider the data products available
                                                  Recommendations as further                              response to the comments received from                from the Data Portal in its decision
                                                  characterized by the NOC’s subsequent                   the public and stakeholders that can be               making and as it carries out its actions
                                                  Marine Planning Handbook (Handbook;                     found at                                              in or affecting the Northeast regional
                                                  2013). Consistent with the Final                        www.NOAA.oceanplanning.org.                           ocean planning area; and (3) explain its
                                                  Recommendations and the Handbook,                                                                             use of the Plan and Data Portal in its
                                                                                                          III. Implementation of the NE Ocean
                                                  the NOC will determine whether to                                                                             decisions, activities, or planning
                                                                                                          Plan
                                                  certify, or not certify, the Northeast                                                                        processes that involve or affect the
                                                  Ocean Plan no sooner than 30 days from                     The Federal members of the NERPB                   Northeast regional ocean planning area.
                                                  the publication of this Notice. Pursuant                administer a wide range of statutes and
                                                                                                          programs that involve or affect the                   IV. Conclusion
                                                  to Executive Order 13547, if the NOC
                                                  certifies the NE Ocean Plan, Federal                    marine environment in the Northeast                     The National Ocean Policy provides a
                                                  Agencies shall comply with the Plan in                  regional ocean planning area. These                   path for Federal Agencies, States and
                                                  the conduct of their missions and                       Federal departments and agencies carry                Tribes to work collaboratively and
                                                                                                          out actions under Federal laws                        proactively to manage the many existing
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                                                  programs to the fullest extent consistent
                                                  with applicable law.                                    involving a wide range of regulatory                  and future uses of the Nation’s oceans,
                                                                                                          responsibilities and non-regulatory                   coasts and Great Lakes. If the NOC
                                                  II. The Northeast Ocean Plan                            missions and management activities                    certifies the plan, NERPB members
                                                     The NE Ocean Plan is a                               throughout the Nation’s waterways and                 intend to use the NE Ocean Plan to align
                                                  comprehensive, ecosystem-based, and                     the ocean. Activities of Federal NERPB                their priorities and share data and
                                                  proactive approach to managing uses                     members include managing and                          technical information to minimize
                                                  and resources in the marine                             developing marine transportation                      conflicts among uses, take actions to


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                                                  72624                          Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices

                                                  promote the productivity of marine                         listed on the Exchange, which are set                 Program’’).8 On May 22, 2015, the
                                                  resources, sustain healthy ecosystems,                     forth in BZX Rule 14.13 as well as to                 Exchange further modified Rule 14.13 to
                                                  and promote the prosperity and security                    amend the fee schedule applicable to                  eliminate the $5,000 application fee for
                                                  of the Nation’s ocean and coastal                          Members 3 and non-Members of the                      ETPs, effectively eliminating any
                                                  communities and their economies for                        Exchange pursuant to Exchange Rules                   compulsory fees for both new ETP
                                                  the benefit of present and future                          15.1(a) and (c). Changes to the                       issues and transfer listings in ETPs on
                                                  generations. The NOC will review the                       Exchange’s fees pursuant to this                      the Exchange.9 On October 1, 2015, the
                                                  NE Ocean Plan for consistency with the                     proposal are effective upon filing.                   Exchange started offering an incentive
                                                  National Ocean Policy, Final                                  The text of the proposed rule change               payment to ETPs listed on the Exchange
                                                  Recommendations of the Interagency                         is available at the Exchange’s Web site               based on the consolidated average daily
                                                  Ocean Policy Task Force, and the                           at www.batstrading.com, at the                        volume (‘‘CADV’’) of the ETP (the
                                                  Marine Planning Handbook and make                          principal office of the Exchange, and at              ‘‘Issuer Incentive Program’’) 10 and
                                                  its determination no sooner than 30                        the Commission’s Public Reference                     subsequently made an administrative
                                                  days from the publication of this Notice.                  Room.                                                 change to the Issuer Incentive Program
                                                     Authority: Executive Order 13547,                                                                             that required an issuer to enroll in order
                                                  ‘‘Stewardship of the Ocean, Our Coasts and                 II. Self-Regulatory Organization’s                    to receive payment.11 The Exchange is
                                                  the Great Lakes’’ (July 19, 2010).                         Statement of the Purpose of, and                      now proposing to amend the Issuer
                                                                                                             Statutory Basis for, the Proposed Rule                Incentive Program such that series of
                                                  Ted Wackler,                                               Change                                                Portfolio Depository Receipts, Index
                                                  Deputy Chief of Staff and Assistant Director.                                                                    Fund Shares, Trust Issued Receipts, and
                                                  [FR Doc. 2016–25372 Filed 10–19–16; 8:45 am]                 In its filing with the Commission, the              Managed Fund Shares (‘‘Funds’’) listed
                                                  BILLING CODE 3270–F7–P                                     Exchange included statements                          on the Exchange will no longer be
                                                                                                             concerning the purpose of and basis for               eligible to receive payments under the
                                                                                                             the proposed rule change and discussed                Issuer Incentive Program. The Exchange
                                                  SECURITIES AND EXCHANGE                                    any comments it received on the                       is also proposing that the LMM 12 in a
                                                  COMMISSION                                                 proposed rule change. The text of these               Fund 13 would receive a payment from
                                                                                                             statements may be examined at the                     the Exchange based on the CADV of the
                                                  [Release No. 34–79103; File No. SR-                        places specified in Item IV below. The
                                                  BatsBZX–2016–60]                                                                                                 Fund, as described below (the ‘‘LMM
                                                                                                             Exchange has prepared summaries, set                  Partnership Program’’).
                                                  Self-Regulatory Organizations; Bats                        forth in Sections A, B, and C below, of                  Specifically, the Exchange is
                                                  BZX Exchange, Inc.; Notice of Filing of                    the most significant parts of such                    proposing that the Exchange would
                                                  a Proposed Rule Change to Bats BZX                         statements.                                           provide payments to the LMM in a Fund
                                                  Rule 14.13, Company Listing Fees, and                      A. Self-Regulatory Organization’s                     on a quarterly basis as follows: 14
                                                  to the Bats BZX Fee Schedule;                              Statement of the Purpose of, and
                                                  Suspension of and Order Instituting                                                                                                                     Annualized
                                                                                                             Statutory Basis for, the Proposed Rule                           CADV range                   payment
                                                  Proceedings To Determine Whether To                        Change
                                                  Approve or Disapprove the Proposed                                                                               1,000,000–3,000,000 shares ......           $3,000
                                                  Rule Change                                                1. Purpose                                            3,000,001–5,000,000 shares ......           10,000
                                                                                                                On August 30, 2011, the Exchange                   5,000,001–10,000,000 shares ....            50,000
                                                  October 14, 2016.
                                                                                                                                                                   10,000,001–20,000,000 shares ..            100,000
                                                     Pursuant to Section 19(b)(1) of the                     received approval of rules applicable to
                                                  Securities Exchange Act of 1934 (the                       the qualification, listing, and delisting                8 See Securities Exchange Act Release No. 73414
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2                     of companies on the Exchange,4 which                  (October 23, 2014), 79 FR 64434 (October 29, 2014)
                                                  notice is hereby given that on                             it modified on February 8, 2012 in order              (SR–BATS–2014–050).
                                                  September 29, 2016, Bats BZX                               to adopt pricing for the listing of                      9 See Securities Exchange Act Release No. 75085

                                                  Exchange, Inc. (the ‘‘Exchange’’ or                        exchange traded products (‘‘ETPs’’) 5 on              (June 1, 2015), 80 FR 32190 (June 5, 2015) (SR–
                                                                                                                                                                   BATS–2015–39).
                                                  ‘‘BZX’’) filed with the Securities and                     the Exchange,6 which it subsequently                     10 See Securities Exchange Act Release No. 76113
                                                  Exchange Commission (‘‘Commission’’)                       modified again on June 4, 2014.7 On                   (October 8, 2015), 80 FR 62142 (October 15, 2015)
                                                  the proposed rule change as described                      October 16, 2014, the Exchange                        (SR–BATS–2015–80) (the ‘‘Issuer Incentive Program
                                                  in Items I and II below, which Items                       modified Rule 14.13, entitled ‘‘Company               Filing’’).
                                                                                                                                                                      11 See Securities Exchange Act Release No. 77960
                                                  have been prepared by the Exchange.                        Listing Fees’’ to eliminate the annual
                                                                                                                                                                   (June 1, 2016), 81 FR 36632 (June 7, 2016) (SR–
                                                  The Commission is publishing this                          fees for ETPs not participating in the                BatsBZX–2016–20).
                                                  notice to solicit comments on the                          Exchange’s Competitive Liquidity                         12 As defined in Rule 11.8(e)(1)(B), the term LMM

                                                  proposed rule change from interested                       Provider Program pursuant to Rule 11.8,               means a Market Maker registered with the Exchange
                                                  persons and is, pursuant to Section                        Interpretation and Policy .02 (the ‘‘CLP              for a particular LMM Security that has committed
                                                                                                                                                                   to maintain Minimum Performance Standards in
                                                  19(b)(3)(C) of the Act, hereby: (1)                                                                              the LMM Security.
                                                  Temporarily suspending the proposed                           3 A Member is defined as ‘‘any registered broker
                                                                                                                                                                      13 As noted above, the term ‘‘Fund’’ includes
                                                  rule change; and (2) instituting                           or dealer that has been admitted to membership in     Portfolio Depository Receipts, Index Fund Shares,
                                                                                                             the Exchange.’’ See Exchange Rule 1.5(n).
                                                  proceedings to determine whether to                           4 See Securities Exchange Act Release No. 65225
                                                                                                                                                                   Trust Issued Receipts, and Managed Fund Shares,
                                                  approve or disapprove the proposal.                                                                              which are defined in Rule 14.11(b), 14.11(c),
                                                                                                             (August 30, 2011), 76 FR 55148 (September 6, 2011)    14.11(f), and 14.11(i), respectively, which the
                                                  I. Self-Regulatory Organization’s                          (SR–BATS–2011–018).                                   Exchange may propose to expand in the future as
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                5 As defined in BZX Rule 11.8(e)(1)(A), the term
                                                  Statement of the Terms of Substance of                                                                           it adds products which may be listed on the
                                                                                                             ‘‘ETP’’ means any security listed pursuant to         Exchange. Any such expansion would require the
                                                  the Proposed Rule Change                                   Exchange Rule 14.11.                                  Exchange to file a proposal with the Commission
                                                                                                                6 See Securities Exchange Act Release No. 66422    under Rule 19b–4 of the Act.
                                                     The Exchange filed a proposal to
                                                                                                             (February 17, 2012), 77 FR 11179 (February 24,           14 The Exchange notes that the CADV standards
                                                  amend the fees applicable to securities                    2012) (SR–BATS–2012–010).                             and proposed payments applicable to the LMM
                                                                                                                7 See Securities Exchange Act Release No. 72377    Partnership Program are identical to the standards
                                                    1 15   U.S.C. 78s(b)(1).                                 (June 12, 2014), 79 FR 34822 (June 18, 2014) (SR–     and payments currently applicable under the Issuer
                                                    2 17   CFR 240.19b–4.                                    BATS–2014–024).                                       Incentive Program.



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Document Created: 2016-10-21 09:59:23
Document Modified: 2016-10-21 09:59:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactDeerin S. Babb-Brott, Director, National Ocean Council, 202-456-4444.
FR Citation81 FR 72622 

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