Streamlining Regulatory Processes and Reducing Regulatory Burden, 31576-31579 [2017-14167]
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31576
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
were identified as necessary program
components. To develop these five
program components the Council
created the Citizen Science Advisory
Panel Pool and appointed members of
the advisory panel to serve on Action
Teams (sub-panels) to specifically
address each of the five program areas—
Volunteers, Data Management, Projects/
Topics Management, Finance, and
Communication/Outreach/Education.
The Council will hold three webinar
meetings for members of the Citizen
Science Advisory Panel Action Teams.
The webinar meetings are being held to
provide an introduction to the Council’s
Citizen Science program and the process
and operation of the Action Teams. The
three webinar meetings will cover the
same agenda items and are being
scheduled to address the availability of
Action Team members.
Items to be addressed during these
meetings:
1. The Council’s Citizen Science
Program development
2. Operation and structure of the
Action Teams
3. Terms of Reference for each Action
Team
4. Schedule of Action Team webinar
meetings
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for auxiliary aids should be
directed to the council office (see
ADDRESSES) 3 days prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 3, 2017.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–14265 Filed 7–6–17; 8:45 am]
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Streamlining Regulatory Processes
and Reducing Regulatory Burden
National Marine Fisheries
Service (NMFS) and National Ocean
Service (NOS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
As part of ongoing efforts to
evaluate and improve our regulations
SUMMARY:
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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creation; are outdated, unnecessary, or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
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170067, 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.
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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
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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
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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, multiagency, 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 https://
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
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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
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(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-byproject 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
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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
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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
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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]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Special Accommodations
RIN 0648–XF522
Mid-Atlantic Fishery Management
Council (MAFMC); Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s (MAFMC’s)
Summer Flounder, Scup, and Black Sea
Bass Monitoring Committee (MC) will
hold a public meeting.
DATES: The meeting will be held on
Monday, July 24, 2017, from 1 p.m. to
5 p.m. For agenda details, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: The meeting will be held
via webinar with a telephone-only
connection option. Details on webinar
registration and telephone-only
connection details will be available at:
https://www.mafmc.org.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331;
www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
Summer Flounder, Scup, and Black Sea
Bass Monitoring Committee will meet
from 1 p.m. to 5 p.m. to review and
discuss previously implemented 2018
commercial and recreational Annual
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Catch Limits (ACLs) and Annual Catch
Targets (ACTs) for these three species
and the Monitoring Committee may also
recommend potential 2019 ACLs and
ACTs for scup. The Monitoring
Committee may consider recommending
changes to the implemented 2018 ACLs
and ACTs and other management
measures as necessary. Meeting
materials will be posted to https://
www.mafmc.org/ prior to the meeting.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the intent to take final action
to address the emergency.
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to M.
Jan Saunders at the Mid-Atlantic
Council Office (302) 526–5251 at least 5
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 3, 2017.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–14268 Filed 7–6–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF250
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Seattle
Multimodal Construction Project in
Washington State
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that we have issued an incidental
harassment authorization (IHA) to
SUMMARY:
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Washington State Department of
Transportation (WSDOT) to take small
numbers of marine mammals, by
harassment, incidental to Seattle
Multimodal Construction Project in
Washington State.
DATES: This authorization is effective
from August 1, 2017, through July 31,
2018.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as the
issued IHA, may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
area, the incidental, but not intentional,
taking of small numbers of marine
mammals, provided that certain
findings are made and the necessary
prescriptions are established.
The incidental taking of small
numbers of marine mammals shall be
allowed if NMFS (through authority
delegated by the Secretary) finds that
the total taking by the specified activity
during the specified time period will (i)
have a negligible impact on the species
or stock(s) and (ii) not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant).
Further, the permissible methods of
taking, as well as the other means of
effecting the least practicable adverse
impact on the species or stock and its
habitat (i.e., mitigation) must be
prescribed. Last, requirements
pertaining to the monitoring and
reporting of such taking must be set
forth.
Where there is the potential for
serious injury or death, the allowance of
incidental taking requires promulgation
of regulations under MMPA section
101(a)(5)(A). Subsequently, a Letter (or
Letters) of Authorization may be issued
as governed by the prescriptions
established in such regulations,
provided that the level of taking will be
consistent with the findings made for
the total taking allowable under the
specific regulations. Under MMPA
section 101(a)(5)(D), NMFS may
authorize incidental taking by
harassment only (i.e., no serious injury
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Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31576-31579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 https://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
https://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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