81_FR_76848 81 FR 76635 - Submittal of Mid-Atlantic Regional Ocean Action Plan for National Ocean Council Certification

81 FR 76635 - Submittal of Mid-Atlantic Regional Ocean Action Plan for National Ocean Council Certification

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

Federal Register Volume 81, Issue 213 (November 3, 2016)

Page Range76635-76637
FR Document2016-26623

The National Ocean Council notifies the public that the Mid- Atlantic Regional Ocean Action Plan was approved for submittal to the National Ocean Council by the Mid-Atlantic Regional Planning Body and submitted to the National Ocean Council for certification, as required by Executive Order 13547. The National Ocean Council will certify, or not certify, the Mid-Atlantic Regional Ocean Action 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 Mid- Atlantic Regional Ocean Action Plan can be found on the National Ocean Council's Web site at: https://www.whitehouse.gov/sites/default/files/ microsites/ostp/MidARegionalOceanActionPlan_November2016.pdf.

Federal Register, Volume 81 Issue 213 (Thursday, November 3, 2016)
[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76635-76637]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26623]


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OFFICE OF SCIENCE AND TECHNOLOGY POLICY


Submittal of Mid-Atlantic Regional Ocean Action Plan for National 
Ocean Council Certification

AGENCY: Office of Science and Technology Policy National Ocean Council, 
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 Mid-
Atlantic Regional Ocean Action Plan was approved for submittal to the 
National Ocean Council by the Mid-Atlantic Regional Planning Body and 
submitted to the National Ocean Council for certification, as required 
by Executive Order 13547. The National Ocean Council will certify, or 
not certify, the Mid-Atlantic Regional Ocean Action 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 Mid-
Atlantic Regional Ocean Action Plan can be found on the National Ocean 
Council's Web site at: https://www.whitehouse.gov/sites/default/files/microsites/ostp/MidARegionalOceanActionPlan_November2016.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

[[Page 76636]]

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 Mid-Atlantic 
Regional Planning Body (MidA RPB). 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.

Mid-Atlantic Regional Planning Body

    The MidA RPB includes six States (Delaware, Maryland, New Jersey, 
New York, Pennsylvania and Virginia) and two Federally recognized 
Indian Tribes in the region, the Shinnencock Indian Nation and the 
Pamunkey Indian Tribe. Eight Federal Agencies serve on the MidA RPB: 
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, the National Park Service, the U.S. Fish and 
Wildlife 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 in an ex officio 
status. The Mid-Atlantic Fishery Management Council also serves on the 
MidA RPB. The MidA RPB is not a regulatory body and has no independent 
legal authority to regulate or direct Federal, state, or tribal 
entities, nor does the Mid-Atlantic Regional Ocean Action Plan (Plan) 
augment or subtract from any agency's 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 Mid-Atlantic Regional Ocean Action Plan no 
sooner than 30 days from the publication of this Notice. Pursuant to 
Executive Order 13547, if the NOC certifies the Mid-Atlantic Regional 
Ocean Action 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 Mid-Atlantic Regional Ocean Action Plan

    The Mid-Atlantic Regional Ocean Action Plan is a comprehensive, 
flexible, and proactive approach to managing uses and resources in the 
marine environment of the Mid-Atlantic United States. The Plan is 
intended to strengthen interagency coordination, enhance public 
participation, and improve planning and policy implementation. The Plan 
has two main goals: (1) Healthy ocean ecosystems and (2) sustainable 
ocean uses. The Plan also describes best practices for coordination 
among Federal Agencies, Tribes, States, stakeholders, and the public. 
The Mid-Atlantic Regional Ocean Action 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, and energy) and 
marine life and habitat (through review of the methods, analyses, and 
draft products for spatial data characterizing species and their 
habitats). These data products reside on the Mid-Atlantic Ocean Data 
Portal (Data Portal or Portal). The MidA RPB uses the Portal, developed 
by the Mid-Atlantic Regional Council on the Ocean (MARCO), 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 New York to Virginia. A 
range of government entities, non-government organizations, and 
stakeholders in the Mid-Atlantic region are already using the Portal. 
It is available to the public online at the MidA Regional Ocean Action 
Plan Web site: http://midatlanticocean.org/data-portal/.
    As described in a Notice by the Department of the Interior's Bureau 
of Ocean Energy Management (BOEM), published in the Federal Register on 
July 6, 2016 (81 FR 44040), the MidA RPB previously released a draft 
Mid-Atlantic Regional Ocean Action Plan for a 60-day public comment 
period. The MidA RPB prepared a summary and response to the comments 
received from the public and stakeholders on this draft that can be 
found at http://www.boem.gov/Ocean-Action-Plan.

III. Implementation of the Mid-Atlantic Regional Ocean Action Plan

    The Federal members of the MidA RPB administer a wide range of 
statutes and programs that involve or affect the marine environment in 
the Mid-Atlantic 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 MidA RPB 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

[[Page 76637]]

affecting threatened and endangered species and migratory birds.
    The specific manner and mechanism each Federal agency will use to 
implement the Mid-Atlantic Regional Ocean Action Plan will depend on 
that agency's mission, authorities, and activities. If the NOC 
certifies that the Mid-Atlantic Regional Ocean Action Plan is 
consistent with the National Ocean Policy, the Final Recommendations, 
and the Handbook, each Federal MidA RPB member will use the Mid-
Atlantic Regional Ocean Action Plan to inform and guide its planning 
activities and decision-making actions, including permitting, 
authorizing, and leasing decisions that involve or affect the Mid-
Atlantic regional ocean planning area.
    Specifically, consistent with applicable statutory authorities, 
Executive Order 13547 and the Final Recommendations, the Federal 
Agencies represented on the MidA RPB, 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 Mid-Atlantic 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 Mid-Atlantic 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 Mid-
Atlantic 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 Mid-Atlantic Regional Ocean Action 
plan, MidA RPB members intend to use the Plan to align their priorities 
and share data and technical information to minimize conflicts among 
uses, take actions to 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 Mid-
Atlantic Regional Ocean Action 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. 2016-26623 Filed 11-2-16; 8:45 am]
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                                                                             Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices                                           76635

                                                  for Docket ID NRC–2016–0225. Address                    B. Submitting Comments                                OFFICE OF SCIENCE AND
                                                  questions about NRC dockets to Carol                                                                          TECHNOLOGY POLICY
                                                  Gallagher; telephone: 301–415–3463;                       Please include Docket ID NRC–2016–
                                                  email: Carol.Gallagher@nrc.gov. For                     0225 in the subject line of your                      Submittal of Mid-Atlantic Regional
                                                  technical questions, contact the                        comment submission, in order to ensure                Ocean Action Plan for National Ocean
                                                  individual listed in the FOR FURTHER                    that the NRC is able to make your                     Council Certification
                                                  INFORMATION CONTACT section of this                     comment submission available to the
                                                                                                          public in this docket.                                AGENCY:  Office of Science and
                                                  document.
                                                                                                                                                                Technology Policy National Ocean
                                                    • Mail comments to: Cindy Bladey,                       The NRC cautions you not to include                 Council, Council on Environmental
                                                  Office of Administration, Mail Stop:                    identifying or contact information that               Quality; Department of Agriculture;
                                                  OWFN–12–H08, U.S. Nuclear                               you do not want to be publicly                        Department of Commerce; Department
                                                  Regulatory Commission, Washington,                      disclosed in your comment submission.                 of Defense; Department of Energy;
                                                  DC 20555–0001.                                          The NRC posts all comment                             Environmental Protection Agency;
                                                    For additional direction on accessing                 submissions at http://                                Department of Homeland Security;
                                                  information and submitting comments,                    www.regulations.gov as well as entering               Department of the Interior; Department
                                                  see ‘‘Obtaining Information and                         the comment submissions into ADAMS.                   of Transportation; and Chairman, Joint
                                                  Submitting Comments’’ in the                            The NRC does not routinely edit                       Chiefs of Staff.
                                                  SUPPLEMENTARY INFORMATION section of                    comment submissions to remove
                                                                                                                                                                ACTION: Notice.
                                                  this document.                                          identifying or contact information.
                                                  FOR FURTHER INFORMATION CONTACT:                          If you are requesting or aggregating                SUMMARY:    The National Ocean Council
                                                  Marianne Narick, Office of the Chief                    comments from other persons for                       notifies the public that the Mid-Atlantic
                                                  Information Officer, U.S. Nuclear                       submission to the NRC, then you should                Regional Ocean Action Plan was
                                                  Regulatory Commission, Washington DC                    inform those persons not to include                   approved for submittal to the National
                                                  20555–0001; telephone: 301–415–2175;                    identifying or contact information that               Ocean Council by the Mid-Atlantic
                                                  email: Marianne.Narick@nrc.gov.                         they do not want to be publicly                       Regional Planning Body and submitted
                                                                                                          disclosed in their comment submission.                to the National Ocean Council for
                                                  SUPPLEMENTARY INFORMATION:                                                                                    certification, as required by Executive
                                                                                                          Your request should state that the NRC
                                                  I. Obtaining Information and                            does not routinely edit comment                       Order 13547. The National Ocean
                                                  Submitting Comments                                     submissions to remove such information                Council will certify, or not certify, the
                                                                                                          before making the comment                             Mid-Atlantic Regional Ocean Action
                                                  A. Obtaining Information                                                                                      Plan as consistent with the National
                                                                                                          submissions available to the public or
                                                     Please refer to Docket ID NRC–2016–                  entering the comment submissions into                 Ocean Policy, Final Recommendations
                                                  0225 when contacting the NRC about                      ADAMS.                                                of the Interagency Ocean Policy Task
                                                  the availability of information regarding                                                                     Force, and the Marine Planning
                                                                                                          II. Background                                        Handbook no sooner than 30 days from
                                                  this document. You may obtain
                                                  publicly-available information related to                                                                     the publication of this Notice. The Mid-
                                                                                                            The NRC eSubmittal Guidance offers
                                                  this action by the following methods:                                                                         Atlantic Regional Ocean Action Plan
                                                                                                          direction on how to submit documents
                                                                                                                                                                can be found on the National Ocean
                                                     • Federal Rulemaking Web site: Go to                 electronically to the NRC. It is intended             Council’s Web site at: https://www.
                                                  http://www.regulations.gov and search                   for licensees, applicants, external                   whitehouse.gov/sites/default/files/
                                                  for Docket ID NRC–2016–0225.                            entities (including Federal, State, and               microsites/ostp/MidARegionalOcean
                                                     • NRC’s Agencywide Documents                         local governments), vendors,                          ActionPlan_November2016.pdf.
                                                  Access and Management System                            participants in adjudicatory
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  (ADAMS): You may obtain publicly-                       proceedings, and members of the public
                                                  available documents online in the                       who need to submit documents to the                   Deerin S. Babb-Brott, Director, National
                                                  ADAMS Public Documents collection at                    Agency.                                               Ocean Council, 202–456–4444.
                                                  http://www.nrc.gov/reading-rm/                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                            This document is an update to the
                                                  adams.html. To begin the search, select                 NRC eSubmittal Guidance Version 6.1                   I. Background
                                                  ‘‘ADAMS Public Documents’’ and then                     found on the NRC intranet at http://
                                                  select ‘‘Begin Web-based ADAMS                                                                                National Ocean Policy
                                                                                                          www.nrc.gov/site-help/electronic-sub-
                                                  Search.’’ For problems with ADAMS,                      ref-mat.html. Significant changes to the                 Executive Order 13547, Stewardship
                                                  please contact the NRC’s Public                         document that are of interest to                      of the Ocean, Our Coasts, and the Great
                                                  Document Room (PDR) reference staff at                  stakeholders are that the flow of                     Lakes, signed July 19, 2010, established
                                                  1–800–397–4209, 301–415–4737, or by                     information makes it more user-friendly               the National Ocean Policy to protect,
                                                  email to pdr.resource@nrc.gov. The                      for submitters, and NRC guidance is                   maintain, and restore the health and
                                                  ADAMS accession number for each                         more closely aligned with the National                biodiversity of the ocean, coastal, and
                                                  document referenced (if it is available in              Archives and Records Administration                   Great Lakes ecosystems and resources;
                                                  ADAMS) is provided the first time that                  requirements.                                         enhance the sustainability of the ocean
                                                  it is mentioned in the SUPPLEMENTARY                                                                          and coastal economies and provide for
                                                  INFORMATION section. Revision 8 of the                    Dated at Rockville, Maryland, this 27th day
                                                                                                                                                                adaptive management; increase our
                                                  Electronic Guidance is available in                     of October 2016.
                                                                                                                                                                scientific understanding and awareness
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                                                  ADAMS under Accession No.                                 For the Nuclear Regulatory Commission.
                                                                                                                                                                of changing environmental conditions;
                                                  ML16293A712.                                            Cynthia Rheaume,                                      and support preservation of navigational
                                                     • NRC’s PDR: You may examine and                     Director, IT/IM Portfolio Management and              rights and freedoms, in accordance with
                                                  purchase copies of public documents at                  Planning Division, Office of the Chief                customary international law, which are
                                                  the NRC’s PDR, Room O1–F21, One                         Information Officer.                                  essential for conservation of marine
                                                  White Flint North, 11555 Rockville                      [FR Doc. 2016–26562 Filed 11–2–16; 8:45 am]           resources, sustaining the global
                                                  Pike, Rockville, Maryland 20852.                        BILLING CODE 7590–01–P                                economy and promoting national


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                                                  76636                      Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices

                                                  security. The National Ocean Policy                     Attorney General; the Administrators of               stakeholders, and the public. The Mid-
                                                  encourages a comprehensive,                             the Environmental Protection Agency,                  Atlantic Regional Ocean Action Plan is
                                                  ecosystem-based, and transparent ocean                  the National Aeronautics and Space                    informed by extensive stakeholder data
                                                  planning process for analyzing current                  Administration, and National Oceanic                  and input. Throughout the planning
                                                  and anticipated uses of ocean and                       and Atmospheric Administration; the                   process, stakeholders were involved in
                                                  coastal areas and resources. This                       Directors of the Office of Management                 developing data products for human
                                                  includes the voluntary development of                   and Budget, National Intelligence, the                activities (such as shipping, fishing,
                                                  regional marine plans by                                Office of Science and Technology Policy               recreation, and energy) and marine life
                                                  intergovernmental regional planning                     (OSTP), and National Science                          and habitat (through review of the
                                                  bodies such as the Mid-Atlantic                         Foundation; the Chairman of the Joint                 methods, analyses, and draft products
                                                  Regional Planning Body (MidA RPB).                      Chiefs of Staff; the Chairs of the Council            for spatial data characterizing species
                                                  These regional plans build on existing                  on Environmental Quality (CEQ) and                    and their habitats). These data products
                                                  Federal, state, and tribal planning and                 the Federal Energy Regulatory                         reside on the Mid-Atlantic Ocean Data
                                                  decision-making processes to enable a                   Commission; the Assistants to the                     Portal (Data Portal or Portal). The MidA
                                                  more comprehensive and proactive                        President for National Security Affairs,              RPB uses the Portal, developed by the
                                                  approach to managing marine resources,                  Homeland Security and                                 Mid-Atlantic Regional Council on the
                                                  sustaining coastal uses and improving                   Counterterrorism, Domestic Policy,                    Ocean (MARCO), in collaboration with
                                                  the conservation of the ocean, our                      Energy and Climate Change, and                        an associated working group, to serve as
                                                  coasts, and the Great Lakes.                            Economic Policy; and an employee of                   a user-friendly source of maps, data, and
                                                                                                          the Federal Government designated by                  tools that can serve as one source of
                                                  Mid-Atlantic Regional Planning Body
                                                                                                          the Vice President. The Chair of CEQ                  information to inform ocean planning
                                                     The MidA RPB includes six States                     and the Director of OSTP co-chair the                 from New York to Virginia. A range of
                                                  (Delaware, Maryland, New Jersey, New                    NOC.                                                  government entities, non-government
                                                  York, Pennsylvania and Virginia) and                                                                          organizations, and stakeholders in the
                                                  two Federally recognized Indian Tribes                  NOC Certification of Regional Marine
                                                                                                          Plans                                                 Mid-Atlantic region are already using
                                                  in the region, the Shinnencock Indian                                                                         the Portal. It is available to the public
                                                  Nation and the Pamunkey Indian Tribe.                     Executive Order 13547 adopts the                    online at the MidA Regional Ocean
                                                  Eight Federal Agencies serve on the                     Final Recommendations of the                          Action Plan Web site: http://midatlantic
                                                  MidA RPB: Department of Agriculture                     Interagency Ocean Policy Task Force                   ocean.org/data-portal/.
                                                  represented by the Natural Resource                     (Final Recommendations). The Final
                                                  Conservation Service; Department of                     Recommendations set forth the process                    As described in a Notice by the
                                                  Commerce represented by the National                    for the NOC to review and certify each                Department of the Interior’s Bureau of
                                                  Oceanic and Atmospheric                                 regional marine plan to ensure it is                  Ocean Energy Management (BOEM),
                                                  Administration; Department of Defense                   consistent with the National Ocean                    published in the Federal Register on
                                                  represented by the U.S. Navy;                           Policy and includes the essential                     July 6, 2016 (81 FR 44040), the MidA
                                                  Department of Energy; Department of                     elements described in the Final                       RPB previously released a draft Mid-
                                                  Homeland Security represented by the                    Recommendations as further                            Atlantic Regional Ocean Action Plan for
                                                  U.S. Coast Guard; Department of the                     characterized by the NOC’s subsequent                 a 60-day public comment period. The
                                                  Interior represented by the Bureau of                   Marine Planning Handbook (Handbook;                   MidA RPB prepared a summary and
                                                  Ocean Energy Management, in                             2013). Consistent with the Final                      response to the comments received from
                                                  coordination with, the National Park                    Recommendations and the Handbook,                     the public and stakeholders on this draft
                                                  Service, the U.S. Fish and Wildlife                     the NOC will determine whether to                     that can be found at http://
                                                  Service, and U.S. Geological Survey;                    certify, or not certify, the Mid-Atlantic             www.boem.gov/Ocean-Action-Plan.
                                                  Department of Transportation                            Regional Ocean Action Plan no sooner                  III. Implementation of the Mid-Atlantic
                                                  represented by the Maritime                             than 30 days from the publication of                  Regional Ocean Action Plan
                                                  Administration; Environmental                           this Notice. Pursuant to Executive Order
                                                  Protection Agency; Chairman of the                      13547, if the NOC certifies the Mid-                     The Federal members of the MidA
                                                  Joint Chiefs of Staff represented by the                Atlantic Regional Ocean Action Plan,                  RPB administer a wide range of statutes
                                                  U.S. Navy; and the U.S. Army Corps in                   Federal Agencies shall comply with the                and programs that involve or affect the
                                                  an ex officio status. The Mid-Atlantic                  Plan in the conduct of their missions                 marine environment in the Mid-Atlantic
                                                  Fishery Management Council also                         and programs to the fullest extent                    regional ocean planning area. These
                                                  serves on the MidA RPB. The MidA RPB                    consistent with applicable law.                       Federal departments and agencies carry
                                                  is not a regulatory body and has no                                                                           out actions under Federal laws
                                                                                                          II. The Mid-Atlantic Regional Ocean                   involving a wide range of regulatory
                                                  independent legal authority to regulate
                                                                                                          Action Plan                                           responsibilities and non-regulatory
                                                  or direct Federal, state, or tribal entities,
                                                  nor does the Mid-Atlantic Regional                         The Mid-Atlantic Regional Ocean                    missions and management activities
                                                  Ocean Action Plan (Plan) augment or                     Action Plan is a comprehensive,                       throughout the Nation’s waterways and
                                                  subtract from any agency’s existing                     flexible, and proactive approach to                   the ocean. Activities of Federal MidA
                                                  statutory or regulatory authorities.                    managing uses and resources in the                    RPB members include managing and
                                                                                                          marine environment of the Mid-Atlantic                developing marine transportation
                                                  National Ocean Council                                  United States. The Plan is intended to                infrastructure, national security and
                                                    Executive Order 13547 established the                 strengthen interagency coordination,                  homeland defense activities; regulating
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                                                  National Ocean Council (NOC) to direct                  enhance public participation, and                     ocean discharges; siting energy
                                                  implementation of the National Ocean                    improve planning and policy                           facilities; permitting sand removal and
                                                  Policy. The NOC is comprised of: The                    implementation. The Plan has two main                 beach re-nourishment; managing
                                                  Secretaries of Agriculture, Commerce,                   goals: (1) Healthy ocean ecosystems and               national parks, national wildlife refuges,
                                                  Defense, Energy, Health and Human                       (2) sustainable ocean uses. The Plan also             and national marine sanctuaries;
                                                  Services, Homeland Security, Interior,                  describes best practices for coordination             regulating commercial and recreational
                                                  Labor, State, and Transportation; the                   among Federal Agencies, Tribes, States,               fishing; and managing activities


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                                                                             Federal Register / Vol. 81, No. 213 / Thursday, November 3, 2016 / Notices                                              76637

                                                  affecting threatened and endangered                     the benefit of present and future                       the proposed rule change and discussed
                                                  species and migratory birds.                            generations. The NOC will review the                    any comments it received on the
                                                     The specific manner and mechanism                    Mid-Atlantic Regional Ocean Action                      proposed rule change. The text of these
                                                  each Federal agency will use to                         Plan for consistency with the National                  statements may be examined at the
                                                  implement the Mid-Atlantic Regional                     Ocean Policy, Final Recommendations                     places specified in Item IV below. The
                                                  Ocean Action Plan will depend on that                   of the Interagency Ocean Policy Task                    Exchange has prepared summaries, set
                                                  agency’s mission, authorities, and                      Force, and the Marine Planning                          forth in sections A, B, and C below, of
                                                  activities. If the NOC certifies that the               Handbook and make its determination                     the most significant aspects of such
                                                  Mid-Atlantic Regional Ocean Action                      no sooner than 30 days from the                         statements.
                                                  Plan is consistent with the National                    publication of this Notice.
                                                  Ocean Policy, the Final                                                                                         A. Self-Regulatory Organization’s
                                                                                                             Authority: Executive Order 13547,                    Statement of the Purpose of, and
                                                  Recommendations, and the Handbook,                      ‘‘Stewardship of the Ocean, Our Coasts and
                                                  each Federal MidA RPB member will                                                                               Statutory Basis for, the Proposed Rule
                                                                                                          the Great Lakes’’ (July 19, 2010).                      Change
                                                  use the Mid-Atlantic Regional Ocean
                                                  Action Plan to inform and guide its                     Ted Wackler,                                            1. Purpose
                                                  planning activities and decision-making                 Deputy Chief of Staff and Assistant Director.
                                                  actions, including permitting,                          [FR Doc. 2016–26623 Filed 11–2–16; 8:45 am]
                                                                                                                                                                    The Exchange is proposing to amend
                                                  authorizing, and leasing decisions that                                                                         several provisions of Rule 748. The
                                                                                                          BILLING CODE 3270–F7–P
                                                  involve or affect the Mid-Atlantic                                                                              proposed rule change is intended to
                                                  regional ocean planning area.                                                                                   modernize, upgrade and strengthen the
                                                     Specifically, consistent with                                                                                Exchange’s rules pertaining to
                                                                                                          SECURITIES AND EXCHANGE                                 supervisory obligations of its members
                                                  applicable statutory authorities,                       COMMISSION
                                                  Executive Order 13547 and the Final                                                                             and member organizations.
                                                  Recommendations, the Federal Agencies                   [Release No. 34–79185; File No. SR–Phlx–
                                                                                                          2016–104]
                                                                                                                                                                  Rule 748(a)
                                                  represented on the MidA RPB, and their
                                                  relevant components, expressly                                                                                     Rule 748(a) currently provides in the
                                                                                                          Self-Regulatory Organizations;                          first paragraph that each office, location,
                                                  including the U.S. Army Corps of
                                                                                                          NASDAQ PHLX LLC; Notice of Filing of                    department, or business activity of a
                                                  Engineers in its ex officio status for
                                                  responsibilities beyond those in Title                  Proposed Rule Change To Amend Phlx                      member or member organization
                                                  10, U.S. Code, will: (1) Identify,                      Rule 748, Supervision                                   (including foreign incorporated branch
                                                  develop, and make publicly available                    October 28, 2016.
                                                                                                                                                                  offices) shall be under the supervision
                                                  implementing instructions, such as                                                                              and control of the member or member
                                                                                                             Pursuant to Section 19(b)(1) of the
                                                  internal agency guidance, directives, or                                                                        organization establishing it and of an
                                                                                                          Securities Exchange Act of 1934
                                                  similar organizational or administrative                                                                        appropriately qualified supervisor. The
                                                                                                          (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                  documents, that describe the way the                                                                            Exchange is amending the first
                                                                                                          notice is hereby given that on October
                                                  agency will use the Plan to inform and                                                                          paragraph of Rule 748(a) to clarify and
                                                                                                          14, 2016, NASDAQ PHLX LLC (‘‘Phlx’’
                                                  guide its actions and decisions in or                                                                           state clearly that each trading system
                                                                                                          or ‘‘Exchange’’) filed with the Securities
                                                  affecting the Mid-Atlantic regional                                                                             and internal surveillance system of a
                                                                                                          and Exchange Commission (‘‘SEC’’ or
                                                  ocean planning area; (2) ensure that the                                                                        member or member organization
                                                                                                          ‘‘Commission’’) the proposed rule
                                                  agency, through such internal                                                                                   (including foreign incorporated branch
                                                                                                          change as described in Items I, II, and
                                                  administrative instructions, will                                                                               offices) shall, inasmuch as they are
                                                                                                          III, below, which Items have been
                                                  consider the data products available                                                                            aspects of their business activity, be
                                                                                                          prepared by the Exchange. The
                                                  from the Data Portal in its decision                                                                            under the supervision and control of the
                                                                                                          Commission is publishing this notice to
                                                  making and as it carries out its actions                                                                        member or member organization
                                                                                                          solicit comments on the proposed rule
                                                  in or affecting the Mid-Atlantic regional                                                                       establishing it and of an appropriately
                                                                                                          change from interested persons.
                                                  ocean planning area; and (3) explain its                                                                        qualified supervisor.
                                                  use of the Plan and Data Portal in its                  I. Self-Regulatory Organization’s
                                                                                                                                                                  Rule 748(b)
                                                  decisions, activities, or planning                      Statement of the Terms of Substance of
                                                  processes that involve or affect the Mid-               the Proposed Rule Change                                  Rule 748(b), Designation of
                                                  Atlantic regional ocean planning area.                     The Exchange proposes to a proposal                  Supervisor by Member Organizations,
                                                                                                          [sic] to amend Phlx Rule 748,                           currently provides in relevant part that
                                                  IV. Conclusion                                                                                                  the general partners or directors of each
                                                                                                          Supervision, as explained further below.
                                                     The National Ocean Policy provides a                    The text of the proposed rule change                 member organization shall provide for
                                                  path for Federal Agencies, states and                   is available on the Exchange’s Web site                 appropriate supervisory control and
                                                  tribes to work collaboratively and                      at http://nasdaqphlx.cchwallstreet.com/                 shall designate a general partner or
                                                  proactively to manage the many existing                 , at the principal office of the Exchange,              principal executive officer to assume
                                                  and future uses of the Nation’s oceans,                 and at the Commission’s Public                          overall authority and responsibility for
                                                  coasts and Great Lakes. If the NOC                      Reference Room.                                         internal supervision and control of the
                                                  certifies the Mid-Atlantic Regional                                                                             organization and compliance with
                                                  Ocean Action plan, MidA RPB members                     II. Self-Regulatory Organization’s                      securities’ (sic) laws and regulations,
                                                  intend to use the Plan to align their                   Statement of the Purpose of, and                        including the By-Laws and Rules of the
                                                  priorities and share data and technical                 Statutory Basis for, the Proposed Rule                  Exchange. It provides that the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  information to minimize conflicts                       Change                                                  designated person shall delegate to
                                                  among uses, take actions to promote the                    In its filing with the Commission, the               qualified principals or qualified
                                                  productivity of marine resources,                       Exchange included statements                            employees responsibility and authority
                                                  sustain healthy ecosystems, and                         concerning the purpose of and basis for                 for supervision and control of each
                                                  promote the prosperity and security of                                                                          office, location, department, or business
                                                  the Nation’s ocean and coastal                            1 15   U.S.C. 78s(b)(1).                              activity, (including foreign incorporated
                                                  communities and their economies for                       2 17   CFR 240.19b–4.                                 branch offices), and provide for


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Document Created: 2016-11-03 03:24:20
Document Modified: 2016-11-03 03:24:20
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 76635 

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