Notice of Partial Delegation of Authority to the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration To Implement Section 113 of the Consolidated Appropriations Act, 2017, Regarding the Research, Exploration and Salvage of RMS Titanic, 38012-38013 [2019-16635]

Download as PDF 38012 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices Rebuilding Plans—final action for Coho and the report on the Sacramento River fall Chinook harvest model development, Southern Resident Killer Whale Endangered Species Act consultation: Risk analysis review, and review of the annual salmon management cycle. Pacific halibut related topics include: 2A Catch Sharing Plan preliminary changes for 2020, and commercial directed halibut fishery regulations for 2020. The group may also address one or more of the Council’s scheduled administrative matters, legislative matters, habitat issues, ecosystem topics, groundfish topics, and future workload planning. Public comments during the webinar will be received from attendees at the discretion of the SAS Chair. Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document 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. Special Accommodations The public listening station is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (kris.kleinschmidt@ noaa.gov; (503) 820–2411) at least 10 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: July 31, 2019. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–16642 Filed 8–2–19; 8:45 am] jspears on DSK3GMQ082PROD with NOTICES BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Partial Delegation of Authority to the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration To Implement Section 113 of the Consolidated Appropriations Act, 2017, Regarding the Research, Exploration and Salvage of RMS Titanic National Oceanic and Atmospheric Administration, Department of Commerce. ACTION: Notice of delegation of authority. AGENCY: NOAA is publishing this notice to inform the public that, on August 29, 2018, the Secretary of Commerce delegated to the NOAA Administrator partial authority under Section 113 of the Consolidated Appropriations Act, 2017 (‘‘Section 113’’), to authorize any research, exploration, salvage, or other activity that would physically alter or disturb the wreck or wreck site of the RMS Titanic per the provisions of the Agreement Concerning the Shipwrecked Vessel RMS Titanic (hereinafter the ‘‘International Agreement’’). The Secretary also authorized the NOAA Administrator to take appropriate actions to carry out this section of the Act consistent with the International Agreement. This notice also provides the public with a point of contact for any person seeking a Section 113 authorization from NOAA. DATES: On August 29, 2018, the Secretary of Commerce delegated to the NOAA Administrator partial authority regarding the issuance of authorizations pursuant to Section 113. ADDRESSES: Requests for, or questions pertaining to, an authorization pursuant to Section 113 should be sent to the NOAA Administrator, 1305 East-West Highway, SSMC IV, Suite 6111, Silver Spring, MD 20910; Attention—Section 113 Authorization. Requests or questions may also be sent via email to Titanic.Authorizations@noaa.gov. FOR FURTHER INFORMATION CONTACT: David Alberg, Superintendent of the Monitor National Marine Sanctuary, at (757) 791–7326, David.Alberg@ noaa.gov. SUMMARY: Section 113 prohibits any person from conducting any research, exploration, salvage, or other activity that would SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 physically alter or disturb the wreck or wreck site of the RMS Titanic unless authorized by the Secretary of Commerce per the provisions of the International Agreement. As directed by Congress in Section 6 of the 1986 RMS Titanic Maritime Memorial Act (16 U.S.C. 450rr et seq.), the United States negotiated the International Agreement with the United Kingdom, France, and Canada. Section 5(a) of the 1986 Act directed NOAA to enter into consultations with the United Kingdom, France, Canada and others to encourage international protection of the RMS Titanic and to develop international guidelines for research on, exploration of, and, if appropriate, salvage of RMS Titanic. The NOAA Guidelines for Research, Exploration and Salvage of RMS Titanic (hereinafter the ‘‘NOAA Guidelines’’) became final on April 12, 2001 (66 FR 18905), after public notice and comment (65 FR 35326), and are consistent with the Rules Concerning Activities Aimed at the RMS Titanic and/or its Artifacts, which are annexed to the International Agreement (hereinafter the ‘‘Annex Rules’’). Among other things, the NOAA Guidelines and the Annex Rules address project design, funding, duration, objectives, methodology and techniques, professional qualifications, preliminary work, documentation, artifact conservation, safety, reporting, curation of project collection(s), and dissemination. The NOAA Guidelines and the Annex Rules are based on widely accepted international and domestic professional archaeological standards, including the International Council of Monuments and Sites (ICOMOS), International Charter on the Protection and Management of Underwater Cultural Heritage, the rules annexed to the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Protection of the Underwater Cultural Heritage, the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, and the National Park Service’s Abandoned Shipwreck Act Guidelines. Issuance of Section 113 Authorizations Any person subject to U.S. jurisdiction proposing to conduct any research, exploration, salvage, or other activity at the wreck or wreck site of RMS Titanic will need to demonstrate to the NOAA Administrator that the proposed project will comply with Section 113, which incorporates by reference the International Agreement. This information will enable the NOAA Administrator to determine whether the E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 84, No. 150 / Monday, August 5, 2019 / Notices activity may physically alter or disturb the wreck or wreck site of RMS Titanic such that an authorization is required and, if so, whether the NOAA Administrator can issue an authorization. To facilitate the NOAA Administrator’s review, NOAA recommends that any person proposing to conduct any research, exploration, salvage, or other activity at the wreck or wreck site of RMS Titanic submit to NOAA, at least 120 calendar days prior to the proposed project date, information sufficient to demonstrate that the proposed project will comply with the Annex Rules of the International Agreement and to obtain any necessary authorization, if applicable. NOAA also encourages requestors to review the NOAA Guidelines as well as the International Maritime Organization Circular MEPC.1/Circ.779 (Pollution Prevention Measures in the Area Surrounding the Wreckage of RMS Titanic). Section 113 Authority Reserved by the Secretary of Commerce The Secretary of Commerce reserved authority under Section 113 to make all decisions arising under Article 5 of the International Agreement when a Party to the Agreement opposes an authorization under consideration by the United States. Article 5 of the International Agreement provides, among other things, that each Party to the Agreement shall provide copies of and its preliminary views on requests for authorizations to the other Parties for comment. The Party considering the authorization must provide a 90-day comment period to the other Parties following transmission of the request for authorization to the other Parties. jspears on DSK3GMQ082PROD with NOTICES Status of the International Agreement The International Agreement will enter into force when at least two countries ratify it. The United Kingdom ratified the International Agreement on November 6, 2003. The United States signed the Agreement on June 18, 2004, subject to acceptance following the enactment of implementing legislation. As of the date of this notice, the Agreement has not yet entered into force. Coordinating With the United States District Court for the Eastern District of Virginia The United States District Court for the Eastern District of Virginia (‘‘the Court’’) has constructive in rem jurisdiction over RMS Titanic and has granted exclusive salvage rights to RMS Titanic, Incorporated (‘‘RMST’’). NOAA intends to notify the Court of any VerDate Sep<11>2014 18:42 Aug 02, 2019 Jkt 247001 project that may require a Section 113 authorization and will encourage any person requesting authorization to coordinate directly with the Court and any salvor-in-possession of RMS Titanic. Any person proposing a project involving the salvage of Titanic wreck or wreck site, as determined by the Court, must also obtain approval by the Court in addition to any authorization required by Section 113. NOAA also intends to provide the Court with a copy of any authorization the NOAA Administrator issues pursuant to Section 113. Privileged or Confidential Information NOAA handles requests for agency records under the Freedom of Information Act (FOIA) (5 U.S.C. 552 et seq.) and the Privacy Act (5 U.S.C. 552a et seq.) in a manner consistent with these laws and the Department of Commerce regulations on the Disclosure of Government Information. 15 CFR part 4. FOIA Exemption (b)(4) applies to trade secrets and commercial or financial information that is privileged or confidential. If any person requesting a Section 113 authorization submits such information to NOAA, he or she should clearly label it ‘‘Contains Confidential Information,’’ consider submitting such information as a separate attachment, and request that NOAA treat it as confidential. NOAA will not disclose such information if it qualifies for exemption from disclosure under FOIA. See 15 CFR 4.9. NOAA will also seek to protect personally identifiable information affecting an individual’s privacy consistent with FOIA Exemption (b)(6). Dated: July 5, 2019. Neil A. Jacobs, Assistant Secretary of Commerce for Environmental Observation and Prediction, Performing the Duties of Under Secretary of Commerce for Oceans and Atmosphere. [FR Doc. 2019–16635 Filed 8–2–19; 8:45 am] BILLING CODE 3510–NK–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XV018 New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 38013 The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Thursday, August 29, 2019 at 10 a.m. ADDRESSES: The meeting will be held at the Four Points by Sheraton, Wakefield, MA 01880; phone: (781) 245–9300. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: SUMMARY: Agenda The committee will be briefed on relevant actions and projects, including offshore wind, EFH consultation work, and habitat science efforts, providing feedback as appropriate. The Committee will also work towards the development of policy statements related to habitat and fisheries impacts of non-fishing activities and will discuss habitatrelated work priorities for 2020. The Committee may draft comments on Exempted Fishing Permit applications related to the Great South Channel Habitat Management Area, if requested. Other business will be discussed as necessary. 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 these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the MagnusonStevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at 978–465–0492, at least 5 days prior to the date. This meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\05AUN1.SGM 05AUN1

Agencies

[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38012-38013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16635]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Notice of Partial Delegation of Authority to the Under Secretary 
of Commerce for Oceans and Atmosphere and Administrator of the National 
Oceanic and Atmospheric Administration To Implement Section 113 of the 
Consolidated Appropriations Act, 2017, Regarding the Research, 
Exploration and Salvage of RMS Titanic

AGENCY: National Oceanic and Atmospheric Administration, Department of 
Commerce.

ACTION: Notice of delegation of authority.

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

SUMMARY: NOAA is publishing this notice to inform the public that, on 
August 29, 2018, the Secretary of Commerce delegated to the NOAA 
Administrator partial authority under Section 113 of the Consolidated 
Appropriations Act, 2017 (``Section 113''), to authorize any research, 
exploration, salvage, or other activity that would physically alter or 
disturb the wreck or wreck site of the RMS Titanic per the provisions 
of the Agreement Concerning the Shipwrecked Vessel RMS Titanic 
(hereinafter the ``International Agreement''). The Secretary also 
authorized the NOAA Administrator to take appropriate actions to carry 
out this section of the Act consistent with the International 
Agreement. This notice also provides the public with a point of contact 
for any person seeking a Section 113 authorization from NOAA.

DATES: On August 29, 2018, the Secretary of Commerce delegated to the 
NOAA Administrator partial authority regarding the issuance of 
authorizations pursuant to Section 113.

ADDRESSES: Requests for, or questions pertaining to, an authorization 
pursuant to Section 113 should be sent to the NOAA Administrator, 1305 
East-West Highway, SSMC IV, Suite 6111, Silver Spring, MD 20910; 
Attention--Section 113 Authorization. Requests or questions may also be 
sent via email to [email protected].

FOR FURTHER INFORMATION CONTACT: David Alberg, Superintendent of the 
Monitor National Marine Sanctuary, at (757) 791-7326, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 113 prohibits any person from 
conducting any research, exploration, salvage, or other activity that 
would physically alter or disturb the wreck or wreck site of the RMS 
Titanic unless authorized by the Secretary of Commerce per the 
provisions of the International Agreement. As directed by Congress in 
Section 6 of the 1986 RMS Titanic Maritime Memorial Act (16 U.S.C. 
450rr et seq.), the United States negotiated the International 
Agreement with the United Kingdom, France, and Canada. Section 5(a) of 
the 1986 Act directed NOAA to enter into consultations with the United 
Kingdom, France, Canada and others to encourage international 
protection of the RMS Titanic and to develop international guidelines 
for research on, exploration of, and, if appropriate, salvage of RMS 
Titanic.
    The NOAA Guidelines for Research, Exploration and Salvage of RMS 
Titanic (hereinafter the ``NOAA Guidelines'') became final on April 12, 
2001 (66 FR 18905), after public notice and comment (65 FR 35326), and 
are consistent with the Rules Concerning Activities Aimed at the RMS 
Titanic and/or its Artifacts, which are annexed to the International 
Agreement (hereinafter the ``Annex Rules''). Among other things, the 
NOAA Guidelines and the Annex Rules address project design, funding, 
duration, objectives, methodology and techniques, professional 
qualifications, preliminary work, documentation, artifact conservation, 
safety, reporting, curation of project collection(s), and 
dissemination.
    The NOAA Guidelines and the Annex Rules are based on widely 
accepted international and domestic professional archaeological 
standards, including the International Council of Monuments and Sites 
(ICOMOS), International Charter on the Protection and Management of 
Underwater Cultural Heritage, the rules annexed to the United Nations 
Educational, Scientific and Cultural Organization (UNESCO) Convention 
on the Protection of the Underwater Cultural Heritage, the Secretary of 
the Interior's Standards and Guidelines for Archeology and Historic 
Preservation, and the National Park Service's Abandoned Shipwreck Act 
Guidelines.

Issuance of Section 113 Authorizations

    Any person subject to U.S. jurisdiction proposing to conduct any 
research, exploration, salvage, or other activity at the wreck or wreck 
site of RMS Titanic will need to demonstrate to the NOAA Administrator 
that the proposed project will comply with Section 113, which 
incorporates by reference the International Agreement. This information 
will enable the NOAA Administrator to determine whether the

[[Page 38013]]

activity may physically alter or disturb the wreck or wreck site of RMS 
Titanic such that an authorization is required and, if so, whether the 
NOAA Administrator can issue an authorization. To facilitate the NOAA 
Administrator's review, NOAA recommends that any person proposing to 
conduct any research, exploration, salvage, or other activity at the 
wreck or wreck site of RMS Titanic submit to NOAA, at least 120 
calendar days prior to the proposed project date, information 
sufficient to demonstrate that the proposed project will comply with 
the Annex Rules of the International Agreement and to obtain any 
necessary authorization, if applicable. NOAA also encourages requestors 
to review the NOAA Guidelines as well as the International Maritime 
Organization Circular MEPC.1/Circ.779 (Pollution Prevention Measures in 
the Area Surrounding the Wreckage of RMS Titanic).

Section 113 Authority Reserved by the Secretary of Commerce

    The Secretary of Commerce reserved authority under Section 113 to 
make all decisions arising under Article 5 of the International 
Agreement when a Party to the Agreement opposes an authorization under 
consideration by the United States. Article 5 of the International 
Agreement provides, among other things, that each Party to the 
Agreement shall provide copies of and its preliminary views on requests 
for authorizations to the other Parties for comment. The Party 
considering the authorization must provide a 90-day comment period to 
the other Parties following transmission of the request for 
authorization to the other Parties.

Status of the International Agreement

    The International Agreement will enter into force when at least two 
countries ratify it. The United Kingdom ratified the International 
Agreement on November 6, 2003. The United States signed the Agreement 
on June 18, 2004, subject to acceptance following the enactment of 
implementing legislation. As of the date of this notice, the Agreement 
has not yet entered into force.

Coordinating With the United States District Court for the Eastern 
District of Virginia

    The United States District Court for the Eastern District of 
Virginia (``the Court'') has constructive in rem jurisdiction over RMS 
Titanic and has granted exclusive salvage rights to RMS Titanic, 
Incorporated (``RMST''). NOAA intends to notify the Court of any 
project that may require a Section 113 authorization and will encourage 
any person requesting authorization to coordinate directly with the 
Court and any salvor-in-possession of RMS Titanic. Any person proposing 
a project involving the salvage of Titanic wreck or wreck site, as 
determined by the Court, must also obtain approval by the Court in 
addition to any authorization required by Section 113. NOAA also 
intends to provide the Court with a copy of any authorization the NOAA 
Administrator issues pursuant to Section 113.

Privileged or Confidential Information

    NOAA handles requests for agency records under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552 et seq.) and the Privacy Act (5 
U.S.C. 552a et seq.) in a manner consistent with these laws and the 
Department of Commerce regulations on the Disclosure of Government 
Information. 15 CFR part 4. FOIA Exemption (b)(4) applies to trade 
secrets and commercial or financial information that is privileged or 
confidential. If any person requesting a Section 113 authorization 
submits such information to NOAA, he or she should clearly label it 
``Contains Confidential Information,'' consider submitting such 
information as a separate attachment, and request that NOAA treat it as 
confidential. NOAA will not disclose such information if it qualifies 
for exemption from disclosure under FOIA. See 15 CFR 4.9. NOAA will 
also seek to protect personally identifiable information affecting an 
individual's privacy consistent with FOIA Exemption (b)(6).

    Dated: July 5, 2019.
Neil A. Jacobs,
Assistant Secretary of Commerce for Environmental Observation and 
Prediction, Performing the Duties of Under Secretary of Commerce for 
Oceans and Atmosphere.
[FR Doc. 2019-16635 Filed 8-2-19; 8:45 am]
 BILLING CODE 3510-NK-P