82 FR 31576 - Streamlining Regulatory Processes and Reducing Regulatory Burden

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range		31576-31579
FR Document		2017-14167

As part of ongoing efforts to evaluate and improve our regulations and regulatory processes, NOAA through NMFS and NOS seeks public input on identifying existing regulations that: Eliminate jobs, or inhibit job creation; are outdated, unnecessary, or ineffective; impose costs that exceed benefits; create a serious inconsistency or interfere with regulatory reform initiatives and policies; are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001; and/or derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified. NMFS and NOS also seek public comment on the efficiency and effectiveness of current regulatory processes, and specifically, if current regulatory processes can be further streamlined or expedited in a manner consistent with applicable law.

Federal Register, Volume 82 Issue 129 (Friday, July 7, 2017)

[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31576-31579]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-14167]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF491

Streamlining Regulatory Processes and Reducing Regulatory Burden

AGENCY: National Marine Fisheries Service (NMFS) and National Ocean
Service (NOS), National Oceanic and Atmospheric Administration (NOAA),
Commerce.

ACTION: Notice; request for comments.

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SUMMARY: As part of ongoing efforts to evaluate and improve our
regulations and regulatory processes, NOAA through NMFS and NOS seeks
public input on identifying existing regulations that: Eliminate jobs,
or inhibit job creation; are outdated, unnecessary, or ineffective;
impose costs that exceed benefits; create a serious inconsistency or
interfere with regulatory reform initiatives and policies; are
inconsistent with the requirements of section 515 of the Treasury and
General Government Appropriations Act, 2001; and/or derive from or
implement Executive Orders or other Presidential directives that have
been subsequently rescinded or substantially modified. NMFS and NOS
also seek public comment on the efficiency and effectiveness of current
regulatory processes, and specifically, if current regulatory processes
can be further streamlined or expedited in a manner consistent with
applicable law.

DATES: Comments are due August 21, 2017.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0067, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0067, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Kelly Denit, National
Marine Fisheries Service, NOAA, Office of Sustainable Fisheries, 1315
East-West Highway, Silver Spring, MD 20910 (mark outside of envelope
``Streamlining Regulatory Processes and Reducing Regulatory Burden'').
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS and/or NOS. Comments sent by any other method, to
any other address or individual, or received after the end of the
comment period, may not be considered. All comments received are a part
of the public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS and/
or NOS will accept anonymous comments (enter ``N/A'' in the required
fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Kelly Denit, (301) 427-8500.

SUPPLEMENTARY INFORMATION:

Background

A series of recent Executive Orders aimed at eliminating,
improving, and streamlining current regulations and associated
regulatory processes in a variety of areas have been issued. On January
24, 2017, President Trump issued Executive Order (E.O.) 13766,
``Expediting Environmental Reviews and Approvals for High Priority
Infrastructure Projects'' (82 FR 8657, January 30, 2017). This E.O.
requires infrastructure decisions to be accomplished with maximum
efficiency and effectiveness, while also respecting property rights and
protecting public safety. Additionally, the E.O. makes it a policy of
the executive branch to ``streamline and expedite, in a manner
consistent with law, environmental reviews and approvals for all
infrastructure projects.''
On January 30, 2017, President Trump issued E.O. 13771, ``Reducing
Regulation and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). E.O. 13771 provides that ``it is essential to manage the costs
associated with the governmental imposition of private expenditures
required to comply with Federal regulations.'' Toward that end, E.O.
13771 directs that ``for every one new regulation issued, at least two
prior regulations be identified for elimination, and that the cost of
planned regulations be prudently managed and controlled through a
budgeting process.''
On February 24, 2017, President Trump issued E.O. 13777,
``Enforcing the Regulatory Reform Agenda,'' which established a federal
policy ``to alleviate unnecessary regulatory burdens placed on the
American people'' (82 FR 12285, March 1, 2017). Among other issues,
E.O. 13777 directs Federal agencies to establish a Regulatory Reform
Task Force (Task Force), which will ``evaluate existing regulations and
make recommendations to the agency head regarding their repeal,
replacement, or modification, consistent with applicable law.''
Further, the E.O. directs each Task Force to identify regulations that
meet the following criteria: Eliminate jobs, or inhibit job creation;
are outdated, unnecessary, or ineffective; impose costs that exceed
benefits; create a serious inconsistency or otherwise interfere with
regulatory reform initiatives and policies; are inconsistent with the
requirements of section 515 of the Treasury and General Government
Appropriations Act, 2001; and/or derive from or implement Executive
Orders or other Presidential directives that have been subsequently
rescinded or substantially modified. Section 3(e) of

[[Page 31577]]

E.O. 13777 directs the Task Force to ``seek input and other assistance,
as permitted by law, from entities significantly affected by Federal
regulations,'' on regulations that meet any of the criteria mentioned
above. Through this notice, NMFS and NOS solicit such input from the
public to inform NOAA and the Department of Commerce Task Force's
evaluation of existing regulations.
On March 28, 2017, President Trump issued E.O. 13783, entitled
``Promoting Energy Independence and Economic Growth'' (82 FR 16093,
March 31, 2017). Among other things, E.O. 13783 requires the heads of
agencies to review all existing regulations, orders, guidance
documents, policies, and any other similar agency actions
(collectively, agency actions) that potentially burden the development
or use of domestically produced energy resources, with particular
attention to oil, natural gas, coal, and nuclear energy resources. Such
review does not include agency actions that are mandated by law,
necessary for the public interest, and consistent with the policy set
forth elsewhere in that Executive Order.
Lastly, on April 28, 2017, President Trump issued E.O. 13795,
``Implementing an America-First Offshore Energy Strategy'' (82 FR
20815, April 28, 2017). Among the requirements of E.O. 13795 is section
10, which calls for a review of NMFS' Technical Guidance for Assessing
the Effects of Anthropogenic Sound on Marine Mammal Hearing as follows:
``The Secretary of Commerce shall review NOAA's Technical Memorandum
NMFS-OPR-55 of July 2016 (Technical Guidance for Assessing the Effects
of Anthropogenic Sound on Marine Mammal Hearing) for consistency with
the policy set forth in Section 2 of this order and, after consultation
with the appropriate Federal agencies, take all steps permitted by law
to rescind or revise that guidance, if appropriate.'' In response, NMFS
published a notice in the Federal Register requesting comments relating
to the review of the Technical Guidance under section 10 of E.O. 13795
(82 FR 24950, May 31, 2017). Therefore, the public does not need to
provide comments on this topic in response to this particular notice.
It is important to note the Administration has already requested
comment on the review of certain Marine National Monuments and National
Marine Sanctuaries via two previous notices. Under Executive Order
13792, ``Review of Designations Under the Antiquities Act'' (signed
April 26, 2017), the Department of the Interior is conducting a review
of national monuments (See the Department of the Interior's Federal
Register Notice ``Review of Certain National Monuments Established
Since 1996; Notice of Opportunity for Public Comment;'' 82 FR 22016,
May 11, 2017). The Department of Commerce is collaborating with the
Department of the Interior on this review for marine national
monuments, in conjunction with Department of Commerce's review under
Executive Order 13795. Pursuant to Executive Order 13795,
``Implementing an America-First Offshore Energy Strategy'' (signed on
April 28, 2017), the Department of Commerce is conducting a review of
all designations and expansions of national marine sanctuaries and
marine national monuments since April 28, 2007 (82 FR 28827, June 26,
2017). Therefore, the public does not need to provide comments on these
topics in response to this particular notice.
In accordance with the Administration's Executive Orders cited
above, NMFS and NOS invite comment from the public, including entities
significantly affected by Federal regulations, as well as State, local,
and tribal governments, small businesses, consumers, non-governmental
organizations, and trade associations. Since the regulations and
processes NMFS and NOS follow under each of the topics identified in
the Executive Orders are similar, we are issuing a single request for
comment to ensure the public has the opportunity to comment in a
coordinated fashion and do not have to respond to multiple requests for
comment.
In addition to the executive orders cited, NMFS and NOS invite
comment related to the application of Federal Regulations to marine
aquaculture. Currently, the permitting for marine aquaculture is a
complicated, multi-agency, multi-step process, and NMFS and NOS seek
comment on improvements that can be made by the Department of Commerce
within legislative mandates, including suggestions on interagency
processes. Information about the role of NMFS, NOS, and other federal
agencies in the regulation of marine aquaculture is available online at
http://www.nmfs.noaa.gov/aquaculture/policy/24_regulating_aquaculture.html.

List of Processes and Regulations for Commenters

NMFS and NOS specifically request comments on existing processes
and regulations under the agencies' statutory mandates. NMFS and NOS
are broadly seeking comments on any existing Agency regulation the
public thinks meet the criteria described in this background section. A
brief description of each statute is provided below and examples of
regulations the public may choose to comment on are provided in some
cases. Additionally, NMFS and NOS request comments on existing
processes and regulations for marine aquaculture.

Existing Processes and Regulations Under the Agencies' Statutory
Mandates

a. Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq.
The Marine Mammal Protection Act (MMPA) generally
prohibits the ``take'' of marine mammals by U.S. citizens or by any
person or vessel in waters under U.S. jurisdiction, with certain
exceptions.
Authorizations under Section 101(a)(5) for the take of
marine mammals incidental to certain activities. Sections 101(a)(5)(A)
& (D) of the MMPA allow for the authorization of take of small numbers
of marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region,
provided certain findings are made and appropriate mitigation,
monitoring, and reporting requirements are set forth. NMFS has issued
regulations implementing standards and procedures for the 101(a)(5)
process.
b. Endangered Species Act (ESA), 16 U.S.C. 1531 et seq.
The Endangered Species Act of 1973 (ESA) provides for the
conservation of species that are endangered or threatened throughout
all or a significant portion of their range, and the conservation of
the ecosystems on which they depend.
Section 7(a)(1) coordination with other Federal agencies
to help conserve listed species and the habitats on which they depend.
Federal agencies, under section 7(a)(1) of the Endangered Species Act
(ESA), must utilize their authorities to carry out programs to conserve
threatened and endangered species. NOAA Fisheries assists these
agencies with the development of these conservation programs for marine
species.
Section 7(a)(2) consultations (both formal and informal)
with Federal agencies on Federal activities which may affect a listed
species. For example, NMFS has endeavored to improve this consultation
process by increasing the use of programmatic consultations for
projects of a similar nature.
c. Magnuson-Stevens Fishery Conservation and Management Act

[[Page 31578]]

(Magnuson-Stevens Act), 16 U.S.C. 1801 et seq.
The Magnuson-Stevens Fishery Conservation and Management
Act is the primary law governing marine fisheries management in U.S.
federal waters. First passed in 1976, the Magnuson-Stevens Act fosters
long-term biological and economic sustainability of our nation's marine
fisheries out to 200 nautical miles from shore. Key objectives of the
Magnuson-Stevens Act are to: Prevent overfishing, rebuild overfished
stocks, increase long-term economic and social benefits, and ensure a
safe and sustainable supply of seafood.
Exempted fishing permits (50 CFR 600.745(b)). Exempted
fishing permits (EFPs) allow necessary research activities that would
normally be prohibited by regulations. They are issued to individuals
for the purpose of conducting research or other fishing activities
using private (non-research) vessels.
Consultations (both informal and formal) under Essential
Fish Habitat (EFH) provisions. An example of how NMFS has worked to
increase the efficiency of EFH consultations is the implementation of
programmatic consultations--which reduces the overall number of
individual consultations and/or the amount of time EFH consultations
take. Programmatic consultations also allow for a more rapid assessment
of impacts to relevant species.
d. Federal Power Act, 16 U.S.C. 791 et seq.
Conducting studies for hydropower project licensing and
relicensing. A project license applicant must consult and, as
appropriate, conduct studies with NMFS and other fish and wildlife
agencies. An example of how NMFS could improve the efficiency of
studies and consultations under the Federal Power Act is by requesting
hydropower project license applicants to conduct the appropriate
studies on a watershed basis. By working with relevant Federal and
state resource agencies, as well as license applicants, to identify,
request, and implement studies on a watershed basis for hydropower
project licensing and relicensing processes, the overall time and money
spent could be reduced in relation to the current project-by-project
process.
e. National Marine Sanctuaries Act (NMSA), 16 U.S.C. 1431 et seq.
Interagency consultations under Section 304(d) of the
NMSA. Section 304(d) of the NMSA requires interagency consultation
between NOAA and federal agencies taking actions, including
authorization of private activities, ``likely to destroy, cause the
loss of, or injure a sanctuary resource.'' For example, the Office of
National Marine Sanctuaries (ONMS) has worked to integrate the
consultation process under the NMSA with other consultation processes
under ESA and MMPA, when applicable, for a more efficient and coherent
approach to consultation under the NOAA umbrella.
Program implementation regulations (15 CFR part 922). ONMS
regulations prohibit specific kinds of activities, describe and define
the boundaries of the designated national marine sanctuaries and set up
a system of permits to allow the conduct of certain types of
activities.
f. Coastal Zone Management Act (CZMA), 16 U.S.C. 1451 et seq.
Program implementation regulations (15 CFR parts 923 or
930). The CZMA addresses the nation's coastal issues through a
voluntary partnership between the federal government and coastal and
Great Lakes states and territories to provide the basis for protecting,
restoring, and developing our nation's diverse coastal communities,
resources, and economies. Currently 34 coastal states participate in
the Act and NOAA's CZMA regulations gives states the flexibility to
design unique programs that best address their coastal challenges and
regulations.

Marine Aquaculture

a. Application of the existing NMFS and NOS processes and
regulations listed above to marine aquaculture, including interagency
processes and coordination with other federal agencies and states; and
b. Regulation of offshore marine aquaculture in federal waters
under the Magnuson-Stevens Act.

Considerations for Commenters

To maximize the usefulness of comments, NMFS and NOS encourage
commenters to provide the following information:
a. Specific reference. A specific reference to the process or
regulation that imposes the burden that the comment discusses. This
should be a citation to the Code of Federal Regulations, a guidance
document number, or other relevant agency document(s). A specific
reference will assist NMFS and/or NOS with identifying the requirement,
the original source of the requirement, and relevant documentation that
may describe the history and effects of the requirement.
b. Description of burden. A description of the burden that the
identified process or regulation imposes on businesses, States, tribes,
or other affected entities. A comment that describes how the process or
regulation impedes efficiency is more useful than a comment that merely
asserts that it is burdensome. Comments that reflect experience with
the requirement and provide data describing that experience are more
credible than comments that are not tied to direct experience.
Verifiable, quantifiable data describing burdens are more useful than
anecdotal descriptions.
c. Description of more effective or less burdensome alternative(s).
If the commenter believes that the objective that motivated the process
or regulation may be achieved using a more effective alternative, the
commenter should describe that alternative in detail. Likewise, if the
commenter believes that there is not a more effective alternative or
there is not a legitimate objective motivating the requirement, then
that should be explained in the comment.

Current Review Processes

Processes associated with the Magnuson-Stevens Act (Act) currently
provide opportunities for public review. The Act created eight regional
Fishery Management Councils (Councils) responsible for the fisheries
that require conservation and management in their region. The Councils
are designed to be a stakeholder-driven management body and thus, most
of the voting members of a Council are active in or have unique
knowledge of the fisheries in their geographic region. Through these
Councils, stakeholders provide direct and substantive input into the
development and regular modification of fishery management plans and
regulations. Councils balance both conservation and management needs
for a fishery with the operational needs of fishing businesses. NMFS
and the Councils work together to revise or remove regulations
identified by stakeholders that are outdated, ineffective,
insufficient, or excessively burdensome to the relevant fishery.
Therefore, any public comments received on Council regulations will be
forwarded to the appropriate Council for consideration.
Additionally, NMFS is reviewing regulations, as required, under
section 610 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et
seq., which had, or will have, a significant impact on a substantial
number of small entities, such as small businesses, small
organizations, and small governmental jurisdictions. Per section 610(c)
of the RFA, NMFS published a notice in the Federal Register listing the
regulations currently under review (82 FR 26419, June 7, 2017). Public
comments received

[[Page 31579]]

on both the RFA section 610 notice and this notice will inform NMFS'
regulatory reviews required under relevant Executive Orders, including
E.O 13771, ``Reducing Regulation and Controlling Regulatory Costs,''
and E.O. 13777, ``Enforcing the Regulatory Reform Agenda.''
Finally, comments related to statutory changes will not be
considered as part of this notice; however, NMFS and/or NOS will take
them into account in the future if needed.

Dated: June 30, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017-14167 Filed 7-6-17; 8:45 am]
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E.O. 13777 directs the Task Force to Interior is conducting a review of Agency regulation the public thinks
‘‘seek input and other assistance, as national monuments (See the meet the criteria described in this
permitted by law, from entities Department of the Interior’s Federal background section. A brief description
significantly affected by Federal Register Notice ‘‘Review of Certain of each statute is provided below and
regulations,’’ on regulations that meet National Monuments Established Since examples of regulations the public may
any of the criteria mentioned above. 1996; Notice of Opportunity for Public choose to comment on are provided in
Through this notice, NMFS and NOS Comment;’’ 82 FR 22016, May 11, 2017). some cases. Additionally, NMFS and
solicit such input from the public to The Department of Commerce is NOS request comments on existing
inform NOAA and the Department of collaborating with the Department of the processes and regulations for marine
Commerce Task Force’s evaluation of Interior on this review for marine aquaculture.
existing regulations. national monuments, in conjunction
On March 28, 2017, President Trump with Department of Commerce’s review Existing Processes and Regulations
issued E.O. 13783, entitled ‘‘Promoting under Executive Order 13795. Pursuant Under the Agencies’ Statutory Mandates
Energy Independence and Economic to Executive Order 13795, a. Marine Mammal Protection Act
Growth’’ (82 FR 16093, March 31, 2017). ‘‘Implementing an America-First (MMPA), 16 U.S.C. 1361 et seq.
Among other things, E.O. 13783 requires Offshore Energy Strategy’’ (signed on • The Marine Mammal Protection Act
the heads of agencies to review all April 28, 2017), the Department of (MMPA) generally prohibits the ‘‘take’’
existing regulations, orders, guidance Commerce is conducting a review of all of marine mammals by U.S. citizens or
documents, policies, and any other designations and expansions of national by any person or vessel in waters under
similar agency actions (collectively, marine sanctuaries and marine national U.S. jurisdiction, with certain
agency actions) that potentially burden monuments since April 28, 2007 (82 FR exceptions.
the development or use of domestically 28827, June 26, 2017). Therefore, the • Authorizations under Section
produced energy resources, with public does not need to provide 101(a)(5) for the take of marine
particular attention to oil, natural gas, comments on these topics in response to mammals incidental to certain
coal, and nuclear energy resources. this particular notice. activities. Sections 101(a)(5)(A) & (D) of
Such review does not include agency In accordance with the the MMPA allow for the authorization
actions that are mandated by law, Administration’s Executive Orders cited of take of small numbers of marine
necessary for the public interest, and above, NMFS and NOS invite comment mammals by U.S. citizens who engage
consistent with the policy set forth from the public, including entities in a specified activity (other than
elsewhere in that Executive Order. significantly affected by Federal commercial fishing) within a specified
Lastly, on April 28, 2017, President regulations, as well as State, local, and geographical region, provided certain
Trump issued E.O. 13795, tribal governments, small businesses, findings are made and appropriate
‘‘Implementing an America-First consumers, non-governmental mitigation, monitoring, and reporting
Offshore Energy Strategy’’ (82 FR 20815, organizations, and trade associations. requirements are set forth. NMFS has
April 28, 2017). Among the Since the regulations and processes issued regulations implementing
requirements of E.O. 13795 is section NMFS and NOS follow under each of standards and procedures for the
10, which calls for a review of NMFS’ the topics identified in the Executive 101(a)(5) process.
Technical Guidance for Assessing the Orders are similar, we are issuing a
Effects of Anthropogenic Sound on b. Endangered Species Act (ESA), 16
single request for comment to ensure the
Marine Mammal Hearing as follows: U.S.C. 1531 et seq.
public has the opportunity to comment
‘‘The Secretary of Commerce shall in a coordinated fashion and do not • The Endangered Species Act of
review NOAA’s Technical have to respond to multiple requests for 1973 (ESA) provides for the
Memorandum NMFS–OPR–55 of July comment. conservation of species that are
2016 (Technical Guidance for Assessing In addition to the executive orders endangered or threatened throughout all
the Effects of Anthropogenic Sound on cited, NMFS and NOS invite comment or a significant portion of their range,
Marine Mammal Hearing) for related to the application of Federal and the conservation of the ecosystems
consistency with the policy set forth in Regulations to marine aquaculture. on which they depend.
Section 2 of this order and, after Currently, the permitting for marine • Section 7(a)(1) coordination with
consultation with the appropriate aquaculture is a complicated, multi- other Federal agencies to help conserve
Federal agencies, take all steps agency, multi-step process, and NMFS listed species and the habitats on which
permitted by law to rescind or revise and NOS seek comment on they depend. Federal agencies, under
that guidance, if appropriate.’’ In improvements that can be made by the section 7(a)(1) of the Endangered
response, NMFS published a notice in Department of Commerce within Species Act (ESA), must utilize their
the Federal Register requesting legislative mandates, including authorities to carry out programs to
comments relating to the review of the suggestions on interagency processes. conserve threatened and endangered
Technical Guidance under section 10 of Information about the role of NMFS, species. NOAA Fisheries assists these
E.O. 13795 (82 FR 24950, May 31, 2017). NOS, and other federal agencies in the agencies with the development of these
Therefore, the public does not need to regulation of marine aquaculture is conservation programs for marine
provide comments on this topic in available online at http:// species.
response to this particular notice. www.nmfs.noaa.gov/aquaculture/ • Section 7(a)(2) consultations (both
formal and informal) with Federal
asabaliauskas on DSKBBXCHB2PROD with NOTICES

It is important to note the policy/24_regulating_aquaculture.html.
Administration has already requested agencies on Federal activities which
comment on the review of certain List of Processes and Regulations for may affect a listed species. For example,
Marine National Monuments and Commenters NMFS has endeavored to improve this
National Marine Sanctuaries via two NMFS and NOS specifically request consultation process by increasing the
previous notices. Under Executive comments on existing processes and use of programmatic consultations for
Order 13792, ‘‘Review of Designations regulations under the agencies’ statutory projects of a similar nature.
Under the Antiquities Act’’ (signed mandates. NMFS and NOS are broadly c. Magnuson-Stevens Fishery
April 26, 2017), the Department of the seeking comments on any existing Conservation and Management Act

VerDate Sep<11>2014 20:56 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\07JYN1.SGM 07JYN1

Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices 31579

on both the RFA section 610 notice and Catch Limits (ACLs) and Annual Catch Washington State Department of
this notice will inform NMFS’ Targets (ACTs) for these three species Transportation (WSDOT) to take small
regulatory reviews required under and the Monitoring Committee may also numbers of marine mammals, by
relevant Executive Orders, including recommend potential 2019 ACLs and harassment, incidental to Seattle
E.O 13771, ‘‘Reducing Regulation and ACTs for scup. The Monitoring Multimodal Construction Project in
Controlling Regulatory Costs,’’ and E.O. Committee may consider recommending Washington State.
13777, ‘‘Enforcing the Regulatory changes to the implemented 2018 ACLs DATES: This authorization is effective
Reform Agenda.’’ and ACTs and other management from August 1, 2017, through July 31,
Finally, comments related to statutory measures as necessary. Meeting 2018.
changes will not be considered as part materials will be posted to http:// FOR FURTHER INFORMATION CONTACT:
of this notice; however, NMFS and/or www.mafmc.org/ prior to the meeting. Shane Guan, Office of Protected
NOS will take them into account in the Although non-emergency issues not Resources, NMFS, (301) 427–8401.
future if needed. contained in this agenda may come Electronic copies of the application and
Dated: June 30, 2017. before this group for discussion, those supporting documents, as well as the
Samuel D. Rauch III, issues may not be the subject of formal issued IHA, may be obtained online at:
Deputy Assistant Administrator for
action during this meeting. Action will www.nmfs.noaa.gov/pr/permits/
Regulatory Programs, National Marine be restricted to those issues specifically incidental/construction.htm. In case of
Fisheries Service. identified in this notice and any issues problems accessing these documents,
[FR Doc. 2017–14167 Filed 7–6–17; 8:45 am] arising after publication of this notice please call the contact listed above.
that require emergency action under
BILLING CODE 3510–22–P SUPPLEMENTARY INFORMATION:
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management Background
DEPARTMENT OF COMMERCE Act, provided the public has been Sections 101(a)(5)(A) and (D) of the
notified of the intent to take final action MMPA (16 U.S.C. 1361 et seq.) direct
National Oceanic and Atmospheric to address the emergency. the Secretary of Commerce to allow,
Administration Special Accommodations upon request by U.S. citizens who
RIN 0648–XF522 engage in a specified activity (other than
The meeting is physically accessible
commercial fishing) within a specified
Mid-Atlantic Fishery Management to people with disabilities. Requests for
area, the incidental, but not intentional,
Council (MAFMC); Meeting sign language interpretation or other
taking of small numbers of marine
auxiliary aids should be directed to M.
mammals, provided that certain
AGENCY: National Marine Fisheries Jan Saunders at the Mid-Atlantic
findings are made and the necessary
Service (NMFS), National Oceanic and Council Office (302) 526–5251 at least 5
prescriptions are established.
Atmospheric Administration (NOAA), days prior to the meeting date. The incidental taking of small
Commerce. Authority: 16 U.S.C. 1801 et seq. numbers of marine mammals shall be
ACTION: Notice; public meeting. allowed if NMFS (through authority
Dated: July 3, 2017.
SUMMARY: The Mid-Atlantic Fishery Tracey L. Thompson, delegated by the Secretary) finds that
Management Council’s (MAFMC’s) Acting Deputy Director, Office of Sustainable
the total taking by the specified activity
Summer Flounder, Scup, and Black Sea Fisheries, National Marine Fisheries Service. during the specified time period will (i)
Bass Monitoring Committee (MC) will [FR Doc. 2017–14268 Filed 7–6–17; 8:45 am]
have a negligible impact on the species
hold a public meeting. or stock(s) and (ii) not have an
BILLING CODE 3510–22–P
DATES: The meeting will be held on
unmitigable adverse impact on the
Monday, July 24, 2017, from 1 p.m. to availability of the species or stock(s) for
5 p.m. For agenda details, see DEPARTMENT OF COMMERCE subsistence uses (where relevant).
SUPPLEMENTARY INFORMATION.
Further, the permissible methods of
National Oceanic and Atmospheric taking, as well as the other means of
ADDRESSES: The meeting will be held
Administration effecting the least practicable adverse
via webinar with a telephone-only
impact on the species or stock and its
connection option. Details on webinar RIN 0648–XF250
habitat (i.e., mitigation) must be
registration and telephone-only
Takes of Marine Mammals Incidental to prescribed. Last, requirements
connection details will be available at:
Specified Activities; Taking Marine pertaining to the monitoring and
http://www.mafmc.org.
Mammals Incidental to Seattle reporting of such taking must be set
Council address: Mid-Atlantic Fishery
Multimodal Construction Project in forth.
Management Council, 800 N. State
Where there is the potential for
Street, Suite 201, Dover, DE 19901; Washington State
serious injury or death, the allowance of
telephone: (302) 674–2331;
AGENCY: National Marine Fisheries incidental taking requires promulgation
www.mafmc.org.
Service (NMFS), National Oceanic and of regulations under MMPA section
FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), 101(a)(5)(A). Subsequently, a Letter (or
Christopher M. Moore, Ph.D., Executive Commerce. Letters) of Authorization may be issued
Director, Mid-Atlantic Fishery
asabaliauskas on DSKBBXCHB2PROD with NOTICES

ACTION: Notice; issuance of an incidental as governed by the prescriptions
Management Council, telephone: (302) harassment authorization. established in such regulations,
526–5255. provided that the level of taking will be
SUPPLEMENTARY INFORMATION: The SUMMARY: In accordance with the consistent with the findings made for
Summer Flounder, Scup, and Black Sea regulations implementing the Marine the total taking allowable under the
Bass Monitoring Committee will meet Mammal Protection Act (MMPA) as specific regulations. Under MMPA
from 1 p.m. to 5 p.m. to review and amended, notification is hereby given section 101(a)(5)(D), NMFS may
discuss previously implemented 2018 that we have issued an incidental authorize incidental taking by
commercial and recreational Annual harassment authorization (IHA) to harassment only (i.e., no serious injury

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Document Created: 2017-07-07 02:19:38
Document Modified: 2017-07-07 02:19:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice; request for comments.
Dates		Comments are due August 21, 2017.
Contact		Kelly Denit, (301) 427-8500.
FR Citation		82 FR 31576
RIN Number		0648-XF49

82 FR 31576 - Streamlining Regulatory Processes and Reducing Regulatory Burden

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 129 (July 7, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration