[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.

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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]
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