[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or inhibit job creation; are outdated, unnecessary, or ineffective; 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been subsequently rescinded or substantially modified.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 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]
 BILLING CODE 3510-22-P