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Proposed Rule2021-14867

Spring 2021 Semiannual Agenda of Regulations

Primary source

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Published

July 30, 2021

Issuing agencies

Commerce Department

Abstract

In compliance with Executive Order 12866, entitled ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act, as amended, the Department of Commerce (Commerce), in the spring and fall of each year, publishes in the Federal Register an agenda of regulations under development or review over the next 12 months. Rulemaking actions are grouped according to pre-rulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the fall 2020 agenda. The purpose of the Agenda is to provide information to the public on regulations that are currently under review, being proposed, or issued by Commerce. The agenda is intended to facilitate comments and views by interested members of the public. Commerce's spring 2021 regulatory agenda includes regulatory activities that are expected to be conducted during the period May 1, 2021, through April 31, 2022.

Full Text

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[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Unknown Section]
[Pages 41182-41197]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14867]

[[Page 41181]]

Vol. 86

Friday,

No. 144

July 30, 2021

Part IV

Department of Commerce

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Semiannual Regulatory Agenda

Federal Register / Vol. 86 , No. 144 / Friday, July 30, 2021 / UA:
Reg Flex Agenda

[[Page 41182]]

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DEPARTMENT OF COMMERCE

Office of the Secretary

13 CFR Ch. III

15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and
XI

19 CFR Ch. III

37 CFR Chs. I, IV, and V

48 CFR Ch. 13

50 CFR Chs. II, III, IV, and VI

Spring 2021 Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Commerce.

ACTION: Semiannual regulatory agenda.

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SUMMARY: In compliance with Executive Order 12866, entitled
``Regulatory Planning and Review,'' and the Regulatory Flexibility Act,
as amended, the Department of Commerce (Commerce), in the spring and
fall of each year, publishes in the Federal Register an agenda of
regulations under development or review over the next 12 months.
Rulemaking actions are grouped according to pre-rulemaking, proposed
rules, final rules, long-term actions, and rulemaking actions completed
since the fall 2020 agenda. The purpose of the Agenda is to provide
information to the public on regulations that are currently under
review, being proposed, or issued by Commerce. The agenda is intended
to facilitate comments and views by interested members of the public.
Commerce's spring 2021 regulatory agenda includes regulatory
activities that are expected to be conducted during the period May 1,
2021, through April 31, 2022.

FOR FURTHER INFORMATION CONTACT:
Specific: For additional information about specific regulatory
actions listed in the agenda, contact the individual identified as the
contact person.
General: Comments or inquiries of a general nature about the agenda
should be directed to Asha Mathew, Chief Counsel for Regulation, Office
of the Assistant General Counsel for Legislation and Regulation, U.S.
Department of Commerce, Washington, DC 20230, telephone: 202-482-3151.

SUPPLEMENTARY INFORMATION: Commerce hereby publishes its spring 2021
Unified Agenda of Federal Regulatory and Deregulatory Actions pursuant
to Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C.
601 et seq. Executive Order 12866 requires agencies to publish an
agenda of those regulations that are under consideration pursuant to
this order. By memorandum of February 17, 2021, the Office of
Management and Budget issued guidelines and procedures for the
preparation and publication of the spring 2021 Unified Agenda. The
Regulatory Flexibility Act requires agencies to publish, in the spring
and fall of each year, a regulatory flexibility agenda that contains a
brief description of the subject of any rule likely to have a
significant economic impact on a substantial number of small entities.
Beginning with the fall 2007 edition, the internet became the basic
means for disseminating the Unified Agenda. The complete Unified Agenda
is available online at <a href="http://www.reginfo.gov">www.reginfo.gov</a>, in a format that offers users a
greatly enhanced ability to obtain information from the Agenda
database.
In this edition of Commerce's regulatory agenda, a list of the most
important significant regulatory and deregulatory actions and a
Statement of Regulatory Priorities are included in the Regulatory Plan,
which appears in both the online Unified Agenda and in part II of the
issue of the Federal Register that includes the Unified Agenda.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act, Commerce's printed agenda entries include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Rules that the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the internet. In addition, for fall
editions of the Agenda, Commerce's entire Regulatory Plan will continue
to be printed in the Federal Register.
Within Commerce, the Office of the Secretary and various operating
units may issue regulations. Among these operating units, the National
Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry
and Security, and the Patent and Trademark Office issue the greatest
share of Commerce's regulations.
A large number of regulatory actions reported in the Agenda deal
with fishery management programs of NOAA's National Marine Fisheries
Service (NMFS). To avoid repetition of programs and definitions, as
well as to provide some understanding of the technical and
institutional elements of NMFS' programs, an ``Explanation of
Information Contained in NMFS Regulatory Entries'' is provided below.

Explanation of Information Contained in NMFS Regulatory Entries

The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs the management of fisheries
within the Exclusive Economic Zone of the United States (EEZ). The EEZ
refers to those waters from the outer edge of the State boundaries,
generally 3 nautical miles, to a distance of 200 nautical miles. For
fisheries that require conservation and management measures, eight
Regional Fishery Management Councils (Councils) prepare and submit to
NMFS Fishery Management Plans (FMPs) for the fisheries within their
respective areas in the EEZ. Membership of these Councils is comprised
of representatives of the commercial and recreational fishing sectors
in addition to environmental, academic, and government interests.
Council members are nominated by the governors and ultimately appointed
by the Secretary of Commerce. The Councils are required by law to
conduct public hearings on the development of FMPs and FMP amendments.
Consistent with applicable law, environmental and other analyses are
developed that consider alternatives to proposed actions.
Pursuant to the Magnuson-Stevens Act, the Councils also submit to
NMFS proposed regulations they deem necessary or appropriate to
implement FMPs. The proposed regulations, FMPs, and FMP amendments are
subject to review and approval by NMFS, based on consistency with the
Magnuson-Stevens Act and other applicable law. The Council process for
developing FMPs and amendments makes it difficult for NMFS to determine
the significance and timing of some regulatory actions under
consideration by the Councils at the time the semiannual regulatory
agenda is published.
Commerce's spring 2021 regulatory agenda follows.
This document of the Department of Commerce was signed on June 22,
by Quentin Palfrey, Deputy General Counsel. That document with the
original signature and date is maintained by the Department of
Commerce. For administrative purposes

[[Page 41183]]

only, and in compliance with requirements of the Office of the Federal
Register, the undersigned Department of Commerce Federal Register
Liaison Officer has been authorized to sign and submit the document in
electronic format for publication, as an official document of the
Department of Commerce. This administrative process in no way alters
the legal effect of this document upon publication in the Federal
Register.

Signed in Washington, DC, on June 23, 2021.
Asha Mathew,
Federal Register Liaison Officer, U.S. Department of Commerce.

General Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
27........................ Securing the Information 0605-AA60
and Communications
Technology and Services
Supply Chain: Licensing
Procedures.
------------------------------------------------------------------------

General Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
28........................ Concrete Masonry Products 0605-AA53
Research, Education, and
Promotion.
------------------------------------------------------------------------

General Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
29........................ Concrete Masonry Products 0605-AA56
Research, Education, and
Promotion Information
Order; Referendum
Procedures.
------------------------------------------------------------------------

International Trade Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
30........................ Modifications to 0625-AB10
Regulations to Improve
Administration and
Enforcement of
Antidumping and
Countervailing Duty Laws.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
31........................ Reduce Incidental Bycatch 0648-BK49
and Mortality of Sea
Turtles in the Southeast
U.S. Shrimp Fisheries.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
32........................ Comprehensive Fishery 0648-BD32
Management Plan for
Puerto Rico,
Comprehensive Fishery
Management Plan for St.
Croix, Comprehensive
Fishery Management Plan
for St. Thomas/St. John.
33........................ International Fisheries; 0648-BF41
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Treatment of U.S. Purse
Seine Fishing With
Respect to U.S.
Territories.
34........................ International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
35........................ Illegal, Unregulated, and 0648-BG11
Unreported Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
36........................ Regulatory Amendment to 0648-BH70
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
Bottom Trawl and Non-
Whiting Midwater Trawl
Vessels.
37........................ Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
38........................ Establish National 0648-BJ33
Insurance Requirements
for Observer Providers.
39........................ Amendment 23 to the 0648-BK17
Northeast Multispecies
Fishery Management Plan.
40........................ Framework Adjustment 61 to 0648-BK24
the Northeast
Multispecies Fishery
Management Plan.
41........................ Amendment 14 to the 0648-BK31
Fishery Management Plan
for the Salmon Fisheries
in the EEZ Off Alaska.
42........................ Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
------------------------------------------------------------------------

[[Page 41184]]

National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
43........................ International Fisheries; 0648-BG66
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Requirements to Safeguard
Fishery Observers.
44........................ Omnibus Deep-Sea Coral 0648-BH67
Amendment.
45........................ Generic Amendment to the 0648-BH72
Fishery Management Plans
for the Reef Fish
Resources of the Gulf of
Mexico and Coastal
Migratory Pelagic
Resources in the Gulf of
Mexico and Atlantic
Region.
46........................ Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
47........................ Modification of Multi-Day 0648-BJ60
Trip Possession Limits
for Federally-Permitted
Charter/Headboat Vessels
in the Fishery Management
Plans (FMP) in the Gulf
of Mexico.
48........................ Framework Adjustment 8 to 0648-BK11
the Atlantic Herring
Fishery Management Plan.
49........................ Framework Adjustment 33 to 0648-BK51
the Atlantic Sea Scallop
Fishery Management Plan.
50........................ Magnuson-Stevens Act 0648-BK52
Provisions; Fisheries Off
West Coast States;
Emergency Action to
Change Seasonal
Processing Limitations in
the At-sea Whiting
Fishery.
51........................ Reducing Disturbances to 0648-AU02
Hawaiian Spinner Dolphins
From Human Interactions.
52........................ Designation of Critical 0648-BC56
Habitat for the Arctic
Ringed Seal.
53........................ Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
54........................ Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
55........................ Revision to Critical 0648-BH95
Habitat Designation for
Endangered Southern
Resident Killer Whales.
56........................ Atlantic Large Whale Take 0648-BJ09
Reduction Plan
Modifications to Reduce
Serious Injury and
Mortality of Large Whales
in Commercial Trap/Pot
Fisheries Along the U.S.
East Coast.
57........................ Designation of Critical 0648-BJ52
Habitat for Threatened
Indo-Pacific Reef-
Building Corals.
58........................ Designation of Critical 0648-BJ65
Habitat for the Beringia
Distinct Population
Segment of the Bearded
Seal.
59........................ Wisconsin-Lake Michigan 0648-BG01
National Marine Sanctuary
Designation.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
60........................ Implementation of a 0648-BD59
Program for
Transshipments by Large
Scale Fishing Vessels in
the Eastern Pacific Ocean.
61........................ Amendment 111 to the 0648-BJ73
Fishery Management Plan
for Groundfish of the
Gulf of Alaska to
Reauthorize the Central
Gulf of Alaska Rockfish
Program.
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National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
62........................ Area of Overlap Between 0648-BH59
the Convention Areas of
the Inter-American
Tropical Tuna Commission
and the Western and
Central Pacific Fisheries
Commission.
63........................ Atlantic Highly Migratory 0648-BI09
Species; Regulatory
Amendment for the
Management of Atlantic
Swordfish.
64........................ Amendment 8 to the 0648-BI80
Atlantic Herring Fishery
Management Plan.
65........................ Amendment 21 to the Summer 0648-BJ18
Flounder, Scup, and Black
Sea Bass Fishery
Management Plan.
66........................ Salmon Bycatch 0648-BJ50
Minimization in the
Pacific Coast Groundfish
Fishery.
67........................ International Fisheries; 0648-BK08
Pacific Tuna Fisheries;
Fishing Restrictions for
Tropical Tuna in the
Eastern Pacific Ocean for
2021.
68........................ Taking and Importing 0648-BB38
Marine Mammals: Taking
Marine Mammals Incidental
to Geophysical Surveys
Related to Oil and Gas
Activities in the Gulf of
Mexico.
69........................ Designation of Critical 0648-BI06
Habitat for the Mexico,
Central American, and
Western Pacific Distinct
Population Segments of
Humpback Whales Under the
Endangered Species Act.
------------------------------------------------------------------------

Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
70........................ Changes To Implement 0651-AD55
Provisions of the
Trademark Modernization
Act of 2020.
------------------------------------------------------------------------

Patent and Trademark Office--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
71........................ Trademark Fee Adjustment.. 0651-AD42
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[[Page 41185]]

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Proposed Rule Stage

27. <bullet> Securing the Information and Communications Technology and
Services Supply Chain: Licensing Procedures

Legal Authority: Not Yet Determined
Abstract: The Department is seeking public input regarding
establishing a licensing process for entities to seek pre-approval
before engaging in or continuing to engage in potentially regulated
ICTS Transactions under the ``Securing the Information and
Communications Technology and Services Supply Chain'' rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/29/21 86 FR 16312
ANPRM Comment Period End............ 04/28/21
NPRM................................ 10/00/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joe Bartles, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202 482-3084,
Email: <a href="/cdn-cgi/l/email-protection#4e242c2f3c3a222b3d0e2a212d60292138">[email&#160;protected]</a>.
RIN: 0605-AA60

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Final Rule Stage

28. Concrete Masonry Products Research, Education, and Promotion

Legal Authority: 15 U.S.C. 8701 et seq.
Abstract: The Concrete Masonry Products Research, Education, and
Promotion Act of 2018 (Act) (15 U.S.C. 8701 et seq.) authorizes the
establishment of an orderly program for a program of research,
education, and promotion, including funds for marketing and market
research activities, that is designed to promote the use of concrete
masonry products in construction and building (a checkoff program). The
Act allows industry to submit a proposed order establishing such a
program. If the Secretary determines that such a proposed order is
consistent with and will effectuate the purpose of the Act, the
Secretary is directed to publish the proposed order in the Federal
Register not later than 90 days after receiving the order.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/24/20 85 FR 52059
NPRM Comment Period End............. 10/08/20
Final Action........................ 07/00/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Asha Mathew, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202 306-0487,
Email: <a href="/cdn-cgi/l/email-protection#72131f13061a170532161d115c151d04">[email&#160;protected]</a>.
RIN: 0605-AA53

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Completed Actions

29. Concrete Masonry Products Research, Education, and Promotion
Information Order; Referendum Procedures

Legal Authority: 15 U.S.C. 8701 et seq.
Abstract: The Concrete Masonry Products Research, Education, and
Promotion Act of 2018 (Act) (15 U.S.C. 8701 et seq.) authorizes the
establishment of an orderly program for a program of research,
education, and promotion, including funds for marketing and market
research activities, that is designed to promote the use of concrete
masonry products in construction and building (a checkoff program). The
Act allows industry to submit a proposed order establishing such a
program. If the Secretary determines that such a proposed order is
consistent with and will effectuate the purpose of the Act, this rule
will effectuate the referendum process.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/15/20 85 FR 65288
NPRM Comment Period End............. 11/16/20
Final Action........................ 05/03/21 86 FR 23271
Final Action Effective.............. 05/03/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Asha Mathew, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202 306-0487,
Email: <a href="/cdn-cgi/l/email-protection#ea8b878b9e828f9daa8e8589c48d859c">[email&#160;protected]</a>.
RIN: 0605-AA56

DEPARTMENT OF COMMERCE (DOC)

International Trade Administration (ITA)

Final Rule Stage

30. Modifications to Regulations To Improve Administration and
Enforcement of Antidumping and Countervailing Duty Laws

Legal Authority: 19 U.S.C. 1671 et seq.; Pub. L. 114-125, sec. 421
Abstract: Pursuant to its authority under Title VII of the Tariff
Act of 1930, as amended (the Act), the Department of Commerce
(Commerce) is considering issuing a final rule, adopting the proposed
rule, to modify its regulations under part 351 of title 19 to improve
administration and enforcement of the antidumping duty (AD) and
countervailing duty (CVD) laws. Specifically, Commerce proposed to
modify its regulation concerning the time for submission of comments
pertaining to industry support in AD and CVD proceedings; to modify its
regulation regarding new shipper reviews; to modify its regulation
concerning scope matters in AD and CVD proceedings; to promulgate a new
regulation concerning circumvention of AD and CVD orders; to promulgate
a new regulation concerning covered merchandise referrals received from
U.S. Customs and Border Protection (CBP); to promulgate a new
regulation pertaining to Commerce requests for certifications from
interested parties to establish whether merchandise is subject to an AD
or CVD order; and to modify its regulation regarding importer
reimbursement certifications filed with CBP. Finally, Commerce proposed
to modify its regulations regarding letters of appearance in AD and CVD
proceedings and importer filing requirements for access to business
proprietary information.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/13/20 85 FR 49472
Extension of Comment Period......... 09/10/20 85 FR 55801
NPRM Comment Period End............. 09/14/20
Extension of Comment Period End..... 09/28/20
Final Action........................ 07/00/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jessica Link, Department of Commerce, International
Trade Administration, 1401 Constitution Avenue NW, Washington,

[[Page 41186]]

DC 20230, Phone: 202 482-1411, Email: <a href="/cdn-cgi/l/email-protection#d1bbb4a2a2b8b2b0ffbdb8bfba91a5a3b0b5b4ffb6bea7">[email&#160;protected]</a>.
RIN: 0625-AB10

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Prerule Stage

National Marine Fisheries Service

31. <bullet> Reduce Incidental Bycatch and Mortality of Sea Turtles in
the Southeast U.S. Shrimp Fisheries

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: As a result of new information on sea turtle bycatch in
shrimp trawls and turtle excluder device (TED) testing, NMFS conducted
an evaluation of the southeast U.S. shrimp fisheries that resulted in a
final environmental impact statement (FEIS) in November 2019 in support
of a rule to withdraw the alternative tow time restriction and require
TEDs in skimmer trawl vessels 40 feet and greater in length. The rule
was promulgated under the authority of the Endangered Species Act (ESA)
and its purpose was to aid in the protection and recovery of listed sea
turtle populations by reducing incidental bycatch and mortality of
small sea turtles in the Southeastern U.S. shrimp fisheries. Additional
TED testing has resulted in producing TED designs that are effective on
skimmer trawl vessels less than 40 feet in length. Therefore, NMFS is
considering additional ESA rulemaking to protect and conserve
threatened and endangered sea turtles in the southeast U.S. shrimp
fisheries.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 04/20/21 86 FR 20475
ANPRM Comment Period End............ 05/20/21
NPRM................................ 07/00/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Acting Regional
Administrator, Southeast Region, Department of Commerce, National
Oceanic and Atmospheric Administration, 263 13th Avenue South, St.
Petersburg, FL 33701, Phone: 727 824-5305, Email:
<a href="/cdn-cgi/l/email-protection#375659534e19444345525b545f52545c775958565619505841">[email&#160;protected]</a>.
RIN: 0648-BK49

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

32. Comprehensive Fishery Management Plan for Puerto Rico,
Comprehensive Fishery Management Plan for St. Croix, Comprehensive
Fishery Management Plan for St. Thomas/St. John

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation of the Caribbean Fishery
Management Council, this action would establish three new Fishery
Management Plans (FMPs) (Puerto Rico FMP, St. Thomas/St. John FMP and
St. Croix FMP) and repeal and replace the existing U.S. Caribbean-wide
FMPs (the FMP for the Reef Fish Fishery of Puerto Rico and the U.S.
Virgin Islands (USVI), the FMP for the Spiny Lobster Fishery of Puerto
Rico and the USVI, the FMP for Queen Conch Resources of Puerto Rico and
the USVI, and the FMP for the Corals and Reef Associated Plants and
Invertebrates of Puerto Rico and the USVI). For each of the Puerto
Rico, St. Thomas/St. John, and St. Croix FMPs, the action would also
modify the composition of the stocks to be managed; organize those
stocks for effective management; establish status determination
criteria, management reference points, and accountability measures for
managed stocks; identify essential fish habitat for stocks new to
management; and establish framework measures.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Acting Regional
Administrator, Southeast Region, Department of Commerce, National
Oceanic and Atmospheric Administration, 263 13th Avenue South, St.
Petersburg, FL 33701, Phone: 727 824-5305, Email:
<a href="/cdn-cgi/l/email-protection#e0818e8499ce939492858c838885838ba08e8f8181ce878f96">[email&#160;protected]</a>.
RIN: 0648-BD32

33. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Treatment of U.S. Purse Seine Fishing With
Respect to U.S. Territories

Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This action would establish rules and/or procedures to
address the treatment of U.S.-flagged purse seine vessels and their
fishing activities in regulations issued by the National Marine
Fisheries Service that implement decisions of the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (Commission), of which the United
States is a member. Under the Western and Central Pacific Fisheries
Convention Implementation Act, the National Marine Fisheries Service
exercises broad discretion when determining how it implements
Commission decisions, such as purse seine fishing restrictions. The
National Marine Fisheries Service intends to examine the potential
impacts of the domestic implementation of Commission decisions, such as
purse seine fishing restrictions, on the economies of the U.S.
territories that participate in the Commission, and examine the
connectivity between the activities of U.S.-flagged purse seine fishing
vessels and the economies of the territories. Based on that and other
information, the National Marine Fisheries Service might propose
regulations that mitigate adverse economic impacts of purse seine
fishing restrictions on the U.S. territories and/or that, in the
context of the Convention on the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean
(Convention), recognize that one or more of the U.S. territories have
their own purse seine fisheries that are distinct from the purse seine
fishery of the United States and that are consequently subject to
special provisions of the Convention and of Commission decisions.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/23/15 80 FR 64382
ANPRM Comment Period End............ 11/23/15
NPRM................................ 02/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
<a href="/cdn-cgi/l/email-protection#c9a4a0aaa1a8aca5e7bda6baa8bdbda689a7a6a8a8e7aea6bf">[email&#160;protected]</a>.
RIN: 0648-BF41

[[Page 41187]]

34. International Fisheries; South Pacific Tuna Fisheries;
Implementation of Amendments to the South Pacific Tuna Treaty

Legal Authority: 16 U.S.C. 973 et seq.
Abstract: Under authority of the South Pacific Tuna Act of 1988,
this rule would implement recent amendments to the Treaty on Fisheries
between the Governments of Certain Pacific Island States and the
Government of the United States of America (also known as the South
Pacific Tuna Treaty). The rule would include modification to the
procedures used to request licenses for U.S. vessels in the western and
central Pacific Ocean purse seine fishery, including changing the
annual licensing period from June-to-June to the calendar year, and
modifications to existing reporting requirements for purse seine
vessels fishing in the western and central Pacific Ocean. The rule
would implement only those aspects of the Treaty amendments that can be
implemented under the existing South Pacific Tuna Act.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
<a href="/cdn-cgi/l/email-protection#670a0e040f06020b4913081406131308270908060649000811">[email&#160;protected]</a>.
RIN: 0648-BG04

35. Illegal, Unregulated, and Unreported Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act

Legal Authority: Pub. L. 114-81
Abstract: This proposed rule would make conforming amendments to
regulations implementing the various statutes amended by the Illegal,
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L.
114-81). The Act amends several regional fishery management
organization implementing statutes as well as the High Seas Driftnet
Fishing Moratorium Protection Act. It also provides authority to
implement two new international agreements under the Antigua
Convention, which amends the Convention for the establishment of an
Inter-American Tropical Tuna Commission, and the United Nations Food
and Agriculture Organization Agreement on Port State Measures to
Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated
Fishing (Port State Measures Agreement), which restricts the entry into
U.S. ports by foreign fishing vessels that are known to be or are
suspected of engaging in illegal, unreported, and unregulated fishing.
This proposed rule would also implement the Port State Measures
Agreement. To that end, this proposed rule would require the collection
of certain information from foreign fishing vessels requesting
permission to use U.S. ports. It also includes procedures to designate
and publicize the ports to which foreign fishing vessels may seek entry
and procedures for conducting inspections of these foreign vessels
accessing U.S. ports. Further, the rule would establish procedures for
notification of: The denial of port entry or port services for a
foreign vessel, the withdrawal of the denial of port services if
applicable, the taking of enforcement action with respect to a foreign
vessel, or the results of any inspection of a foreign vessel to the
flag nation of the vessel and other competent authorities as
appropriate.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Director, Office of International
Affairs and Seafood Inspection, Department of Commerce, National
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver
Spring, MD 20910, Phone: 301 427-8286, Email: <a href="/cdn-cgi/l/email-protection#56373a332e377835393a33163839373778313920">[email&#160;protected]</a>.
RIN: 0648-BG11

36. Regulatory Amendment to the Pacific Coast Groundfish Fishery
Management Plan To Implement an Electronic Monitoring Program for
Bottom Trawl and Non-Whiting Midwater Trawl Vessels

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would implement a regulatory
amendment to the Pacific Fishery Management Council's Pacific Coast
Groundfish Fishery Management Plan to allow bottom trawl and midwater
trawl vessels targeting non-whiting species the option to use
electronic monitoring (video cameras and associated sensors) in place
of observers to meet requirements for 100-percent observer coverage. By
allowing vessels the option to use electronic monitoring to meet
monitoring requirements, this action is intended to increase
operational flexibility and reduce monitoring costs for the fleet.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: <a href="/cdn-cgi/l/email-protection#36545744444f18425e595b765859575718515940">[email&#160;protected]</a>.
RIN: 0648-BH70

37. Atlantic Highly Migratory Species; Research and Data Collection in
Support of Spatial Fisheries Management

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking would address conducting research in
areas currently closed to fishing for Atlantic highly migratory species
(HMS)--during various times or by certain gear--to collect fishery-
dependent data. A number of time/area closures or gear-restricted areas
have been implemented over the years through various rulemakings,
limiting fishing for Atlantic highly migratory species in those areas
for a variety of reasons including reducing bycatch. These time/area
closures have been implemented in consultation with the HMS Advisory
Panel to protect species consistent with the Magnuson-Stevens Fisheries
Conservation and Management Act (e.g., to reduce bycatch in the pelagic
longline fishery off the east coast of Florida), the Endangered Species
Act (e.g., to protect sea turtles in the North Atlantic), and the
Atlantic Tunas Convention Act (e.g., to protect spawning bluefin tuna
in the Gulf of Mexico). Fishery-dependent data supports effective
fisheries management, and areas that restrict fishing effort often have
a commensurate decrease in fishery-dependent data collection. Programs
to facilitate research and data collection, such as those that would be
covered by this rulemaking, could assess the efficacy of closed areas,
improve sustainable management of highly migratory species, and may
provide benefits to commercial and recreational fishermen.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/21 .......................
------------------------------------------------------------------------

[[Page 41188]]

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: <a href="/cdn-cgi/l/email-protection#f9929c959580d79d9c97908db997969898d79e968f">[email&#160;protected]</a>.
RIN: 0648-BI10

38. Establish National Insurance Requirements for Observer Providers

Legal Authority: 16 U.S.C. 1855(d)
Abstract: NMFS is proposing to establish uniform, nationally
applicable minimum insurance requirements for companies that provide
observer or at-sea monitor services for federally managed fisheries
subject to monitoring requirements. This action would supersede
outdated or inappropriate regulatory insurance requirements thereby
easing the regulatory and cost burden for observer/at-sea monitor
providers. Additionally, this action would mitigate potential liability
risks associated with observer and at-sea monitor deployments for
vessel owners and shore side processors that are subject to monitoring
requirements.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Evan Howell, Director, Office of Science and
Technology, National Marine Fisheries Service, Department of Commerce,
National Oceanic and Atmospheric Administration, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8100, Email:
<a href="/cdn-cgi/l/email-protection#7a1f0c1b145412150d1f16163a14151b1b541d150c">[email&#160;protected]</a>.
RIN: 0648-BJ33

39. <bullet> Amendment 23 to the Northeast Multispecies Fishery
Management Plan

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action proposes measures recommended by the New
England Fishery Management Council in Amendment 23 to the Northeast
Multispecies Fishery Management Plan. The Council developed this action
to implement measures to improve the reliability and accountability of
catch reporting in the commercial groundfish fishery to ensure there is
a precise and accurate representation of catch (landings and discards).
The purpose of this action is to adjust the existing industry-funded
monitoring program to improve accounting and accuracy of collected
catch data. Specifically, this action would set a fixed target coverage
rate as a percentage of fishing trips to replace the current annual
method for calculating a coverage target. This action would exclude
from the monitoring requirement all trips in geographic areas with low
groundfish catch; allow for increased coverage when federal funding is
available to reimburse industry's costs; set a baseline coverage target
for which there is no reimbursement for industry's costs in the absence
of federal funding; approve electronic monitoring technologies as an
alternative to human at-sea monitors; require periodic evaluation of
the monitoring program; allow for waivers from monitoring for good
cause; and grant authority to the Northeast Regional Administrator to
streamline industry's reporting requirements.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
<a href="/cdn-cgi/l/email-protection#1a777379727b7f76346a7f746e7574635a74757b7b347d756c">[email&#160;protected]</a>
RIN: 0648-BK17

40. <bullet> Framework Adjustment 61 to the Northeast Multispecies
Fishery Management Plan

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to action by the New England Fishery
Management Council due to new scientific information, the proposed
action would implement management measures included in Framework
Adjustment 61 to the Northeast Multispecies Fishery Management Plan
(Framework 61). The proposed action would set fishing years 2021-2023
specifications for about half of groundfish stocks, and fishing year
2021 total allowable catches (TAC) for the three U.S./Canada stocks
Eastern Georges Bank cod, Eastern Georges Bank haddock, and Georges
Bank yellowtail flounder. This action would also address white hake
rebuilding measures and potentially create a universal sector exemption
to allow fishing for redfish, pollock, and haddock.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
<a href="/cdn-cgi/l/email-protection#2d40444e454c4841035d4843594243546d43424c4c034a425b">[email&#160;protected]</a>
RIN: 0648-BK24

41. <bullet> Amendment 14 to the Fishery Management Plan for the Salmon
Fisheries in the EEZ Off Alaska

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would modify the Fishery Management Plan for
the Salmon Fisheries in the EEZ off Alaska (FMP) and implement
regulations to manage the EEZ waters of Cook Inlet under the FMP and
prohibit commercial fishing for salmon in this area. Currently, this
area is excluded from the FMP and the State of Alaska manages
commercial fishing for salmon in this area. If approved, this action
would result in all commercial salmon fishing in Cook Inlet occurring
within waters of the State of Alaska under State management plans. The
North Pacific Fishery Management Council (Council) determined that this
action is consistent with the Council's longstanding policy to
facilitate management of salmon fishing by the State of Alaska and that
the State is the authority best suited for managing Alaska salmon
fisheries given its existing infrastructure and expertise. The Council
considered, but did not select, two other action alternatives that
would delegate management of the Cook Inlet EEZ to the State of Alaska,
or establish Council and NMFS management of the commercial salmon
fishery within the area. The Council did not select either of these
alternatives because the State of Alaska was unwilling to accept
delegation of management authority, and due to the substantial increase
in management complexity and cost without corresponding benefits of
both alternatives.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-

[[Page 41189]]

7221, Fax: 907 586-7465, Email: <a href="/cdn-cgi/l/email-protection#d1bbb8bcffb3b0bda2b8b6b4a391bfbeb0b0ffb6bea7">[email&#160;protected]</a>.
RIN: 0648-BK31

42. Establishment of Time-Area Closures for Hawaiian Spinner Dolphins
Under the Marine Mammal Protection Act

Legal Authority: 16 U.S.C. 1382 et seq.
Abstract: This rulemaking action under the Marine Mammal Protection
Act (MMPA) proposes to establish mandatory time-area closures of
Hawaiian spinner dolphins' essential daytime habitats at five selected
sites in the Main Hawaiian Islands (MHI). In considering public
comments in response to a separate proposed rule related to spinner
dolphin interactions (81 FR 57854), NMFS intends these regulatory
measures to prevent take of Hawaiian spinner dolphins from occurring in
inshore marine areas at essential daytime habitats, and where high
levels of disturbance from human activities are most prevalent.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Catherine Marzin, Acting Director, Office of
Protected Resources, Department of Commerce, National Oceanic and
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD
20910, Phone: 301 427-8400.
RIN: 0648-BK04

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

43. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Requirements To Safeguard Fishery Observers

Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This rule would establish requirements to enhance the
safety of fishery observers on highly migratory species fishing
vessels. This rule would be issued under the authority of the Western
and Central Pacific Fisheries Convention Implementation Act, and
pursuant to decisions made by the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean. This action is necessary for the United States to
satisfy its obligations under the Convention on the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean, to which it is a Contracting Party.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/20/20 85 FR 66513
NPRM Comment Period End............. 11/19/20 .......................
Final Action........................ 05/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
<a href="/cdn-cgi/l/email-protection#2d40444e454c48410359425e4c5959426d43424c4c034a425b">[email&#160;protected]</a>.
RIN: 0648-BG66

44. Omnibus Deep-Sea Coral Amendment

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would implement the New England Fishery
Management Council's Omnibus Deep-Sea Coral Amendment. The Amendment
would implement measures that reduce impacts of fishing gear on deep-
sea corals in the Gulf of Maine and on the outer continental shelf. In
doing so, this action would prohibit the use of mobile bottom-tending
gear in two areas in the Gulf of Maine (Mount Desert Rock and Outer
Schoodic Ridge), and it would prohibit the use of all gear (with an
exception for red crab pots) along the outer continental shelf in
waters deeper than a minimum of 600 meters.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
<a href="/cdn-cgi/l/email-protection#4e23272d262f2b22603e2b203a2120370e20212f2f60292138">[email&#160;protected]</a>.
RIN: 0648-BH67

45. Generic Amendment to the Fishery Management Plans for the Reef Fish
Resources of the Gulf of Mexico and Coastal Migratory Pelagic Resources
in the Gulf of Mexico and Atlantic Region

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action, recommended by the Gulf of Mexico Fishery
Management Council, would modify data reporting for owners or operators
of federally permitted for-hire vessels (charter vessels and headboats)
in the Gulf of Mexico, requiring them to declare the type of trip (for-
hire or other) prior to departing for any trip, and electronically
submit trip-level reports prior to off-loading fish at the end of each
fishing trip. The declaration would include the expected return time
and landing location. Landing reports would include information about
catch and effort during the trip. The action would also require that
these reports be submitted via approved hardware that includes a global
positioning system attached to the vessel that is capable, at a
minimum, of archiving global positioning system locations. This
requirement would not preclude the use of global positioning system
devices that provide real-time location data, such as the currently
approved vessel monitoring systems.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 06/21/18 83 FR 28797
NPRM................................ 10/26/18 83 FR 54069
Correction.......................... 11/08/18 83 FR 55850
Comment Period Extended............. 11/20/18 83 FR 58522
NPRM Comment Period End............. 11/26/18 .......................
Comment Period Extended End......... 01/09/19 .......................
Final Rule.......................... 07/21/20 85 FR 44005
Final Rule Effective................ 01/05/21 .......................
Final Action; Announcement of 07/00/21 .......................
Effectiveness for Delayed
Provisions.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Acting Regional
Administrator, Southeast Region, Department of Commerce, National
Oceanic and Atmospheric Administration, 263 13th Avenue South, St.
Petersburg, FL 33701, Phone: 727 824-5305, Email:
<a href="/cdn-cgi/l/email-protection#71101f15085f020503141d121914121a311f1e10105f161e07">[email&#160;protected]</a>.
RIN: 0648-BH72

[[Page 41190]]

46. Magnuson-Stevens Fisheries Conservation and Management Act;
Traceability Information Program for Seafood

Legal Authority: 16 U.S.C. 1801 et seq.; Pub. L. 115-141
Abstract: On December 9, 2016, NMFS issued a final rule that
established a risk-based traceability program to track seafood from
harvest to entry into U.S. commerce. The final rule included, for
designated priority fish species, import permitting and reporting
requirements to provide for traceability of seafood products offered
for entry into the U.S. supply chain, and to ensure that these products
were lawfully acquired and are properly represented. Shrimp and abalone
products were included in the final rule to implement the Seafood
Import Monitoring Program, but compliance with Seafood Import
Monitoring Program requirements for those species was stayed
indefinitely due to the disparity between Federal reporting programs
for domestic aquaculture of shrimp and abalone products relative to the
requirements that would apply to imports under Seafood Import
Monitoring Program. In section 539 of the Consolidated Appropriations
Act, 2018, Congress mandated lifting the stay on inclusion of shrimp
and abalone in Seafood Import Monitoring Program and authorized the
Secretary of Commerce to require comparable reporting and recordkeeping
requirements for domestic aquaculture of shrimp and abalone. This
rulemaking would establish permitting, reporting and recordkeeping
requirements for domestic producers of shrimp and abalone from the
point of production to entry into commerce.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/11/18 83 FR 51426
NPRM Comment Period End............. 11/26/18 .......................
Final Action........................ 12/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Director, Office of International
Affairs and Seafood Inspection, Department of Commerce, National
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver
Spring, MD 20910, Phone: 301 427-8286, Email: <a href="/cdn-cgi/l/email-protection#a8c9c4cdd0c986cbc7c4cde8c6c7c9c986cfc7de">[email&#160;protected]</a>.
RIN: 0648-BH87

47. Modification of Multi-Day Trip Possession Limits for Federally-
Permitted Charter/Headboat Vessels in the Fishery Management Plans
(FMP) in the Gulf of Mexico

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would promote efficiency in the utilization of
the reef fish and CMP resources and a potential decrease in regulatory
discards by providing the owners and operators of federally permitted
for-hire vessels greater flexibility in determining when to allow
passengers to retain the possession limit on multi-day trips. The rule
would modify the on-board possession limit for federal for-hire trips
in the Gulf of Mexico, which currently allows anglers to retain two
daily bag limits on a trip more than 24 hours, after the first 24 hours
of that trip. The rule would increase the required trip duration to
more than 30 hours, but would allow anglers to retain the second daily
bag limit at any time after the federal for-hire vessel leaves the
dock. All other requirements to retain the possession limit would be
unchanged. In addition, this rule would modify the language in
622.21(a)(3)(iii) and 622.22 (a)(3)(iii). The change would remove the
wording `sequentially coded' from the sentence `NMFS will provide each
Individual Fishing Quota (IFQ) dealer the necessary paper forms,
sequentially coded, and instructions for submission of the forms to the
RA'.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/28/20 85 FR 45363
NPRM Comment Period End............. 08/27/20 .......................
Final Rule.......................... 02/24/21 86 FR 11152
Final Rule Effective................ 03/26/21 .......................
Final Action; Announcement of 05/00/21 .......................
Effectiveness for VMS Requirement.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Acting Regional
Administrator, Southeast Region, Department of Commerce, National
Oceanic and Atmospheric Administration, 263 13th Avenue South, St.
Petersburg, FL 33701, Phone: 727 824-5305, Email:
<a href="/cdn-cgi/l/email-protection#55343b312c7b2621273039363d30363e153b3a34347b323a23">[email&#160;protected]</a>.
RIN: 0648-BJ60

48. Framework Adjustment 8 to the Atlantic Herring Fishery Management
Plan

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to action by the New England Fishery
Management Council based on the most recent stock assessment, this
rulemaking action would set 2021-2023 fishing year specifications and
adjust current herring measures. Changes in herring specifications may
impact the Atlantic mackerel fishery because the fisheries often
operate concurrently. Accordingly, this action would adjust current
measures by providing more flexibility to participants in the Atlantic
herring fishery in order to facilitate increased participation in the
Atlantic mackerel fishery. The objectives of this action are to meet
the overall goal of the Atlantic Herring Fishery Management Plan of
managing the Atlantic herring fishery at long-term sustainable levels
consistent with the National Standards of the Magnuson-Stevens Fishery
Conservation and Management Act.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule Effective........ 03/29/21 .......................
Interim Final Rule.................. 04/01/21 86 FR 17081
Final Action........................ 06/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
<a href="/cdn-cgi/l/email-protection#bbd6d2d8d3daded795cbded5cfd4d5c2fbd5d4dada95dcd4cd">[email&#160;protected]</a>.
RIN: 0648-BK11

49. <bullet> Framework Adjustment 33 to the Atlantic Sea Scallop
Fishery Management Plan

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: At the January 2021 meeting of the New England Fishery
Management Council, members voted to submit Framework 33 to NOAA's
National Marine Fisheries Service (NMFS). Pursuant to section 304(a) of
the Magnuson-Stevens Fishery Conservation and Management Act, NMFS is
drafting an interim final rule to approve and implement Framework 33.
The purpose of Framework 33 is to set management measures for the
scallop fishery for the 2021 fishing year, the annual catch limits for
the limited access and limited access general category fleets, as well
as days-at-sea allocations and sea scallop access area trip
allocations. Framework 33 implements specifications that would result
in a reduction in projected landings as compared to fishing year

[[Page 41191]]

2020 (40.0 million pounds for fishing year 2021 compared to 51.6
million pounds for fishing year 2020). This is due to a decrease in
harvestable biomass and a lack of significant recruitment in recent
years. Because of this, the economic impacts of the Framework 33
fishery specifications are expected to be negative for the scallop
vessels and small business entities compared to fishing year 2020.
Furthermore, Framework 33 would maintain the existing seasonal closure
in Closed Area II to reduce bycatch of Georges Bank yellowtail flounder
and northern windowpane flounder, and close areas to fishing to protect
small scallops and reduce bycatch of flatfish.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 05/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
<a href="/cdn-cgi/l/email-protection#1b767278737a7e77356b7e756f7475625b75747a7a357c746d">[email&#160;protected]</a>.
RIN: 0648-BK51

50. <bullet> Magnuson-Stevens Act Provisions; Fisheries off West Coast
States; Emergency Action To Change Seasonal Processing Limitations in
the At-Sea Whiting Fishery

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: On March 9, 2021 the Pacific Fishery Management Council
(the Council) requested National Marine Fisheries Service (NMFS)
initiate an emergency action to temporarily allow at-sea Pacific
whiting processing platforms to operate as both a mothership (MS) and a
catcher-processor (C/P) during the 2021 Pacific whiting fishery. The
Pacific Coast Groundfish Fishery Management Plan prohibits vessels in
the at-sea Pacific whiting sector from operating as both a MS and C/P
during the same calendar year. At the March 2021 Council meeting,
members of the Pacific whiting industry submitted a letter requesting
the Council and NMFS take emergency action to lift this restriction in
response to impacts to fishing operations from the ongoing COVID-19
pandemic. During the 2020 whiting season, several at-sea processing
vessels were forced to cease operations due to COVID-19 outbreaks
onboard resulting in delays and lost processing capacity. In response,
NMFS issued an emergency rule in June of 2020 to allow whiting vessels
to operate as both a MS and C/P in the same calendar year. However, it
was unforeseen that whiting fishery participants would still be dealing
with effects of a COVID-19 pandemic a year later. There is continued
risk to whiting vessels and loss of processing capacity should a COVID-
19 outbreak occur onboard a processing platform. Because of this risk
and uncertainty, members of industry and the Council Groundfish
Advisory Panel (GAP) recommended the Council take emergency action to
allow available vessels to operate as either type of processing
platform for the 2021 fishing year and avoid potential economic
hardships. This emergency action would temporarily allow eligible MS
and C/P vessels to operate as both a MS and C/P during the 2021 Pacific
whiting fishing year, instead of opting into a single sector at the
beginning of the season. However, vessels would continue to not be
allowed to operate as both an MS and C/P on the same fishing trip. In
the event of a COVID-19 outbreak onboard one platform, this flexibility
could allow other processing platforms to process to harvest MS sector
whiting allocations at-sea whiting catcher vessels would not otherwise
be able to deliver to a MS vessel.
NMFS has considered this action under E.O. 12866. Based on that
review, this action is not expected to have an annual effect on the
economy of $100 million or more, or have an adverse effect in a
material way on the economy. Furthermore, this action would not create
a serious inconsistency or otherwise interfere with an action taken or
planned by another agency; or materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or raise novel or policy issues
arising out of legal mandates, the President's priorities, or the
principles set forth in this E.O.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ 05/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: <a href="/cdn-cgi/l/email-protection#096b687b7b70277d6166644967666868276e667f">[email&#160;protected]</a>.
RIN: 0648-BK52

51. Reducing Disturbances to Hawaiian Spinner Dolphins From Human
Interactions

Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: This action implements regulatory measures under the
Marine Mammal Protection Act to protect Hawaiian spinner dolphins that
are resting in protected bays from take due to close approach
interactions with humans.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/12/05 70 FR 73426
ANPRM Comment Period End............ 01/11/06 .......................
NPRM................................ 08/24/16 81 FR 57854
NPRM Comment Period End............. 10/23/16 .......................
NPRM Comment Period Reopened........ 11/16/16 81 FR 80629
NPRM Comment Period Reopened End.... 12/01/16 .......................
Final Action........................ 05/00/21 .......................
------------------------------------------------------------------------

52. Designation of Critical Habitat for the Arctic Ringed Seal

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine Fisheries Service published a final
rule to list the Arctic ringed seal as a threatened species under the
Endangered Species Act (ESA) in December 2012. The ESA requires
designation of critical habitat at the time a species is listed as
threatened or endangered, or within one year of listing if critical
habitat is not then determinable. This rulemaking would designate
critical habitat for the Arctic ringed seal. The critical habitat
designation would be in the northern Bering, Chukchi, and Beaufort seas
within the current range of the species.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/03/14 79 FR 71714
Proposed Rule....................... 12/09/14 79 FR 73010
Notice of Public Hearings........... 01/13/15 80 FR 1618
Comment Period Extended............. 02/02/15 80 FR 5498
Proposed Rule 2..................... 01/08/21 86 FR 1452

[[Page 41192]]

Proposed Rule 2 Comment Period End.. 03/09/21 .......................
Public Hearing...................... 02/01/21 86 FR 7686
Public Hearing Comment Period End... 03/09/21 .......................
Comment Period Extended 2........... 03/09/21 86 FR 13517
Comment Period Extended 2 End....... 04/08/21 .......................
Final Action........................ 03/00/22 .......................
------------------------------------------------------------------------

53. Amendment and Updates to the Pelagic Longline Take Reduction Plan

Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: Serious injury and mortality of the Western North
Atlantic short-finned pilot whale stock incidental to the Category I
Atlantic pelagic longline fishery continues at levels exceeding their
Potential Biological Removal. This proposed action would examine a
number of management measures to amend the Pelagic Longline Take
Reduction Plan to reduce the incidental mortality and serious injury of
short-finned pilot whales taken in the Atlantic Pelagic Longline
fishery to below Potential Biological Removal. Potential management
measures may include changes to the current limitations on mainline
length, new requirements to use weak hooks (hooks with reduced breaking
strength), and non-regulatory measures related to determining the best
procedures for safe handling and release of marine mammals. The need
for the proposed action is to ensure the Pelagic Longline Take
Reduction Plan meets its Marine Mammal Protection Act mandated short-
and long-term goals.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/15/20 85 FR 81168
NPRM Comment Period End............. 02/16/21 .......................
Final Action........................ 12/00/21 .......................
------------------------------------------------------------------------

54. Designation of Critical Habitat for the Threatened Caribbean Corals

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: NMFS listed 5 Caribbean corals as threatened under the
Endangered Species Act on October 10, 2014. Critical habitat shall be
designated to the maximum extent prudent and determinable at the time a
species is proposed for listing (50 CFR 424.12). We concluded that
critical habitat was not determinable for the 5 corals at the time of
listing. However, we anticipated that critical habitat would be
determinable in the future given on-going research. We, therefore,
announced in the final listing rules that we would propose critical
habitat in separate rulemakings. This rule proposes to designate
critical habitat for the 5 Caribbean coral species listed in 2014. A
separate proposed critical habitat rule is being prepared for the 15
Indo-Pacific corals listed as threatened in 2014. The proposed
designation for the Caribbean corals may include marine waters in
Florida, Puerto Rico, US Virgin Islands, Navassa Island, and Flower
Garden Banks containing essential features that support all stages of
life history of the corals. The proposed rule is not likely to have an
annual effect on the economy of $100 million or more or adversely
affect the economy. NMFS has contacted the Departments of the Navy, Air
Force, and Army as well as the U.S. Coast Guard requesting information
related to potential national security impacts that may result from the
critical habitat designation. Based on information provided, we
concluded that there will be an impact on national security in only 1
area offshore Dania Beach, FL, and will propose to exclude it from the
designations.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76302
NPRM Comment Period End............. 01/26/21 .......................
Final Rule.......................... 11/00/21 .......................
------------------------------------------------------------------------

55. Revision to Critical Habitat Designation for Endangered Southern
Resident Killer Whales

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The proposed action would revise the designation of
critical habitat for the endangered Southern Resident killer whale
distinct population segment, pursuant to section 4 of the Endangered
Species Act. Critical habitat for this population is currently
designated within inland waters of Washington. In response to a 2014
petition, NMFS is proposing to expand the designation to include areas
occupied by Southern Resident killer whales in waters along the U.S.
West Coast. Impacts from the designation would stem mainly from Federal
agencies' requirement to consult with NMFS, under section 7 of the
Endangered Species Act, to ensure that any action they carry out,
permit (authorize), or fund will not result in the destruction or
adverse modification of critical habitat of a listed species. Federal
agencies are already required to consult on effects to the currently
designated critical habitat in inland waters of Washington, but
consultation would be newly required for actions affecting the expanded
critical habitat areas. Federal agencies are also already required to
consult within the Southern Resident killer whales' range (including
along the U.S. West Coast) to ensure that any action they carry out,
permit, or fund will not jeopardize the continued existence of the
species; this requirement would not change with a revision to the
critical habitat designation.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/19/19 84 FR 49214
NPRM Comment Period End............. 12/18/19 .......................
Final Rule.......................... 07/00/21 .......................
------------------------------------------------------------------------

56. Atlantic Large Whale Take Reduction Plan Modifications To Reduce
Serious Injury and Mortality of Large Whales in Commercial Trap/Pot
Fisheries Along the U.S. East Coast

Legal Authority: 16 U.S.C. 1387 et seq.

[[Page 41193]]

Abstract: In response to recent recommendations from the Atlantic
Large Whale Take Reduction Team (TRT) to reduce the risk of North
Atlantic right whale entanglement in commercial trap/pot fisheries
along the U.S. East Coast, the National Marine Fisheries Service (NMFS)
intends to propose regulations to amend the Atlantic Large Whale Take
Reduction Plan (Plan).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/31/20 85 FR 86878
NPRM Comment Period End............. 03/01/21 .......................
Final Action........................ 07/00/21 .......................
------------------------------------------------------------------------

57. Designation of Critical Habitat for Threatened Indo-Pacific Reef-
Building Corals

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On September 10, 2014, NMFS listed 20 species of reef-
building corals as threatened under the Endangered Species Act, 15 in
the Indo-Pacific and five in the Caribbean. Of the 15 Indo-Pacific
species, seven occur in U.S. waters of the Pacific Islands Region,
including in American Samoa, Guam, the Commonwealth of the Mariana
Islands, and the Pacific Remote Island Areas. This proposed rule would
designate critical habitat for the seven species in U.S. waters
(Acropora globiceps, Acropora jacquelineae, Acropora retusa, Acropora
speciosa, Euphyllia paradivisa, Isopora crateriformis, and Seriatopora
aculeata). A separate proposed rule will designate critical habitat for
the listed Caribbean coral species. The proposed designation may cover
coral reef habitat around 13 island or atoll units in the Pacific
Islands Region, including three in American Samoa, one in Guam, seven
in the Commonwealth of the Mariana Islands, and two in Pacific Remote
Island Areas, containing essential features that support reproduction,
growth, and survival of the listed coral species. NMFS has contacted
the Departments of the Navy, Air Force, and Army as well as the U.S.
Coast Guard requesting information related to potential national
security impacts that may result from the critical habitat designation.
Based on information provided, we will determine whether to propose to
exclude any areas based on national security impacts.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76262
NPRM Comment Period End............. 01/26/21 .......................
NPRM Comment Period Extended........ 12/23/20 85 FR 83899
NPRM Comment Period Extended End.... 02/25/21 .......................
Second NPRM Comment Period Extended. 02/09/21 86 FR 8749
Second Extended Comment Period End.. 03/27/21 .......................
Final Rule.......................... 11/00/21 .......................
------------------------------------------------------------------------

58. Designation of Critical Habitat for the Beringia Distinct
Population Segment of the Bearded Seal

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: NMFS published a final rule to list the Beringia Distinct
Population Segment (DPS) of bearded seals as a threatened species under
the Endangered Species Act (ESA) in December 2012, thereby triggering
the requirement under section 4 of the ESA to designate critical
habitat for the Beringia DPS to the maximum extent prudent and
determinable. NMFS has already initiated rulemaking to establish
critical habitat for Arctic ringed seals, which were also listed as
threatened under the ESA in December 2012, and that action is
proceeding separately. This rulemaking action proposes to designate
critical habitat in areas occupied by bearded seals in U.S. waters over
the continental shelf in the northern Bering, Chukchi, and Beaufort
Seas. Impacts from the designation of critical habitat for Beringia DPS
bearded seals would stem from the statutory requirement that Federal
agencies consult with NMFS under section 7 of the ESA to ensure that
any action they carry out, authorize, or fund is not likely to result
in the destruction or adverse modification of bearded seal critical
habitat. Federal agencies are already required to consult with NMFS
under section 7 of the ESA to ensure that any action they authorize,
fund, or carry out is not likely to jeopardize the continued existence
of the Beringia DPS of bearded seals.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/08/21 86 FR 1433
NPRM Comment Period End............. 03/09/21 .......................
Public Hearing...................... 02/01/21 86 FR 7686
Public Hearing Comment Period End... 03/09/21 .......................
Comment Period Extended............. 03/09/21 86 FR 13518
Comment Period Extended End......... 04/08/21 .......................
Final Action........................ 03/00/22 .......................
------------------------------------------------------------------------

NOS/ONMS

59. Wisconsin-Lake Michigan National Marine Sanctuary Designation

Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: On December 2, 2014, pursuant to section 304 of the
National Marine Sanctuaries Act and the Sanctuary Nomination Process
(79 FR 33851), a coalition of community groups submitted a nomination
asking NOAA to designate an area of Wisconsin's Lake Michigan waters as
a national marine sanctuary. The area is a region that includes 875
square miles of Lake Michigan waters and bottomlands adjacent to
Manitowoc, Sheboygan, and Ozaukee counties and the cities of Port
Washington, Sheboygan, Manitowoc, and Two Rivers. It includes 80 miles
of shoreline and extends 9 to 14 miles from the shoreline. The area
contains an extraordinary collection of submerged maritime heritage
resources (shipwrecks) as demonstrated by the listing of 15 shipwrecks
on the National Register of Historic Places. The area includes 39 known
shipwrecks, 123 reported vessel losses, numerous other historic
maritime-related features, and is adjacent to communities that have
embraced their centuries-long relationship with Lake Michigan. NOAA
completed its review of the nomination in accordance with the Sanctuary
Nomination Process and on February 5, 2015, added the area to the
inventory of

[[Page 41194]]

nominations that are eligible for designation. On October 7, 2015, NOAA
issued a notice of intent to begin the designation process and asked
for public comment on making this area a national marine sanctuary.
Designation under the National Marine Sanctuaries Act would allow NOAA
to supplement and complement work by the State of Wisconsin and other
Federal agencies to protect this collection of nationally significant
shipwrecks.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/09/17 82 FR 2269
NPRM Comment Period End............. 03/31/17 .......................
Final Action........................ 06/00/21 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Russ Green, Department of Commerce, National
Oceanic and Atmospheric Administration, 1401 Constitution Avenue,
Washington, DC 20230, Phone: 989 766-3359, Email: <a href="/cdn-cgi/l/email-protection#86f4f3f5f5a8e1f4e3e3e8c6e8e9e7e7a8e1e9f0">[email&#160;protected]</a>.
Jessica Kondel, Policy and Planning Division Division Chief,
Department of Commerce, National Oceanic and Atmospheric
Administration, 1305 East West Highway, Building SSMC4, Silver Spring,
MD 20910, Phone: 240 533-0647.
RIN: 0648-BG01

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

60. Implementation of a Program for Transshipments by Large Scale
Fishing Vessels in the Eastern Pacific Ocean

Legal Authority: 16 U.S.C. 951 et seq.; 16 U.S.C. 971 et seq.
Abstract: This rule would implement the Inter-American Tropical
Tuna Commission program to monitor transshipments by large-scale tuna
fishing vessels, and would govern transshipments by U.S. large-scale
tuna fishing vessels and carrier, or receiving, vessels. The rule would
establish: criteria for transshipping in port; criteria for
transshipping at sea by longline vessels to an authorized carrier
vessel with an Inter-American Tropical Tuna Commission observer onboard
and an operational vessel monitoring system; and require the Pacific
Transshipment Declaration Form, which must be used to report
transshipments in the Inter-American Tropical Tuna Commission
Convention Area. This rule is necessary for the United States to
satisfy its international obligations under the 1949 Convention for the
Establishment of an Inter-American Tropical Tuna, to which it is a
Contracting Party.
Timetable: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Phone: 503 231-6266, Email:
<a href="/cdn-cgi/l/email-protection#c5a7a4b7b7bcebb1adaaa885abaaa4a4eba2aab3">[email&#160;protected]</a>.
RIN: 0648-BD59

61. Amendment 111 to the Fishery Management Plan for Groundfish of the
Gulf of Alaska To Reauthorize the Central Gulf of Alaska Rockfish
Program

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this action implements Amendment 111 to the
Fishery Management Plan for the Gulf of Alaska. This action would
reauthorize the Central Gulf of Alaska (CGOA) Rockfish Program (RP)
fisheries and modify specific implementing regulations to improve
program effectiveness and efficiency. This action includes the
following revisions to the RP: Remove the RP sunset date; authorize
NMFS to reallocate unharvested RP Pacific cod and unused rockfish
incidental catch allowances; remove specific harvesting limits created
under the Crab Rationalization Program prior to the implementation of
the RP; and remove or modify equipment and reporting requirements to
improve operational efficiency, clarify regulations and remove
unnecessary requirements. This action allows for the continued
existence of the successful CGOA RP and maintains the benefits realized
under the program. This action also builds upon the existing benefits
of the RP by implementing minor regulatory changes that improve
clarity, consistency and removes unnecessary regulatory requirements.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Phone: 907 586-7221, Fax: 907 586-
7465, Email: <a href="/cdn-cgi/l/email-protection#b2d8dbdf9cd0d3dec1dbd5d7c0f2dcddd3d39cd5ddc4">[email&#160;protected]</a>.
RIN: 0648-BJ73

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

62. Area of Overlap Between the Convention Areas of the Inter-American
Tropical Tuna Commission and the Western and Central Pacific Fisheries
Commission

Legal Authority: 16 U.S.C. 6901 et seq.; 16 U.S.C. 951 et seq.
Abstract: Under authority of the Western and Central Pacific
Fisheries Convention Implementation Act and the Tuna Conventions Act,
an area of overlap (overlap area) exists between the respective areas
of competence of the Commission for the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
and the Inter-American Tropical Tuna Commission. NMFS proposes to
change the application of the two Commissions' management decisions in
the overlap area to specifically apply Inter-American Tropical Tuna
Commission management measures in the overlap area rather than those of
the Commission for the Conservation and Management of Highly Migratory
Fish Stocks in the Western and Central Pacific Ocean that currently
apply there.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 06/12/18 83 FR 27305
ANPRM Comment Period End............ 07/12/18
NPRM................................ 11/07/19 84 FR 60040
NPRM Comment Period End............. 11/22/19
Final Rule.......................... 06/22/20 85 FR 37376
Final Rule Effective................ 07/22/20
Final Action; Announcement of 03/23/21 86 FR 15428
Effectiveness of Collection-of-
Information Requirements.
------------------------------------------------------------------------

[[Page 41195]]

Building 176, Honolulu, HI 96818, Phone: 808 725-5000, Email:
<a href="/cdn-cgi/l/email-protection#b6dbdfd5ded7d3da98c2d9c5d7c2c2d9f6d8d9d7d798d1d9c0">[email&#160;protected]</a>.
RIN: 0648-BH59

63. Atlantic Highly Migratory Species; Regulatory Amendment for the
Management of Atlantic Swordfish

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Upon recommendation of the HMS Advisory Panel, this
action would modify existing management measures for North Atlantic
swordfish under the 2006 Consolidated FMP in U.S. Atlantic and
Caribbean waters. This rulemaking would increase default retention
limits for the Commercial Caribbean Small Boat (CCSB) and Swordfish
General Commercial permits and adding inseason adjustment criteria for
the CCSB permits. This proposed action is intended to provide
additional opportunities to more fully harvest the U.S. North Atlantic
swordfish quota, which has been significantly under harvested for many
years.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/27/20 85 FR 23315
NPRM Comment Period End............. 06/26/20
Final Action........................ 04/30/21 86 FR 22882
Final Action Effective.............. 06/01/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: <a href="/cdn-cgi/l/email-protection#8de6e8e1e1f4a3e9e8e3e4f9cde3e2ececa3eae2fb">[email&#160;protected]</a>.
RIN: 0648-BI09

64. Amendment 8 to the Atlantic Herring Fishery Management Plan

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the New England
Fishery Management Council, this action implements measures for a long-
term acceptable biological catch (ABC) control rule to address the
biological and ecological requirements of the Atlantic herring stock,
including explicitly accounting for Atlantic herring's role in the
ecosystem, and minimizing localized depletion and user group conflict
when effort in the Atlantic herring fishery overlaps (spatially and
temporally) with effort in fisheries targeting predators of Atlantic
herring (e.g., tuna, groundfish) or ecotourism industries.
Specifically, this action implements a control rule generating an ABC
intended to meet specific criteria identified by the New England
Fishery Management Council, including low variability in yield, low
probability of the stock becoming overfished, low probability of a
fishery shutdown, and catch limits set at a relatively high proportion
of maximum sustainable yield. This action would specify that ABC would
be set for a 3-year period, but would allow ABC to vary year-to-year in
response to projected changes in biomass.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
<a href="/cdn-cgi/l/email-protection#45282c262d2420296b35202b312a2b3c052b2a24246b222a33">[email&#160;protected]</a>.
RIN: 0648-BI80

65. Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass
Fishery Management Plan

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking action implements measures recommended by
the Mid-Atlantic Fishery Management Council and Atlantic States Marine
Fisheries Commission that would adjust the current state-by-state
commercial quota allocations in the summer flounder fishery and update
the goals and objective for summer flounder fishery management in the
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
(FMP). The revised quota allocation would maintain the current state-
by-state allocation percentages when distributing the annual coastwide
quota up to 9.55 million pounds. In years when the coastwide quota is
above 9.55 million pounds, additional quota beyond this trigger would
be distributed in equal shares to all states except Maine, Delaware,
and New Hampshire (i.e., states with very little directed fishing
effort), which would split one percent of the additional quota. The
current state-by-state quota allocations have not been adjusted since
originally implemented in 1993. The intent of this amendment is to
modify the allocations to respond to changes in summer flounder
distribution while also recognizing the states' historical reliance on
summer flounder. The Council and Board intend to review the adjusted
quota allocations again in no more than 10 years.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
<a href="/cdn-cgi/l/email-protection#87eaeee4efe6e2eba9f7e2e9f3e8e9fec7e9e8e6e6a9e0e8f1">[email&#160;protected]</a>.
RIN: 0648-BJ18

66. Salmon Bycatch Minimization in the Pacific Coast Groundfish Fishery

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would implement salmon bycatch
minimization measures in the Pacific Coast groundfish fishery to comply
with the terms and conditions of a December 2017 biological opinion on
Endangered Species Act-listed salmon interactions in the groundfish
fishery. The proposed action would establish additional management
tools (e.g. area-based closures and gear restrictions) the Council and
NMFS could use as needed to keep fishery sectors within Chinook and
coho salmon bycatch guidelines as established in a prior rulemaking.
The proposed action would establish the rules or circumstances under
which the fishery sectors would be allowed to access an established
salmon bycatch Reserve. Under the proposed action, NMFS is required to
take an action before fishery participants can access the Reserve; such
action may include implementation of a measure such as an area-based
closure or gear restriction, or approval of a plan outlining how a
whiting cooperative will minimize its salmon bycatch. Finally, the
proposed action would change the bycatch levels at which the trawl
fishery would be closed in order to preserve 500 Chinook salmon as
bycatch so that the recreational and fixed gear fisheries

[[Page 41196]]

could continue operating in years of high trawl fishery bycatch.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/20/20 85 FR 66519
NPRM Comment Period End............. 11/19/20
Final Rule.......................... 02/23/21 86 FR 10857
Final Rule Effective................ 03/25/21
Final Rule; Collection of 04/29/21 86 FR 22587
Information.
Final Rule; Collection of 04/29/21
Information Effective Date.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: <a href="/cdn-cgi/l/email-protection#adcfccdfdfd483d9c5c2c0edc3c2cccc83cac2db">[email&#160;protected]</a>.
RIN: 0648-BJ50

67. International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2021

Legal Authority: 16 U.S.C. 951 et seq.
Abstract: NMFS is issuing regulations under the Tuna Conventions
Act to implement Resolution C-20-05 (Conservation of Tuna in the
Eastern Pacific Ocean During 2021), which was adopted by the Inter-
American Tropical Tuna Commission (IATTC or Commission) on December 22,
2020. All of the provisions of Resolution C-20-05 are identical in
content to the previous resolution on tropical tuna management that
expired at the end of 2020. This interim final rule implements the C-
20-05 fishing management measures for tropical tuna (i.e., bigeye tuna
(Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna
(Katsuwonus pelamis)) in the eastern Pacific Ocean (EPO). The fishing
restrictions in this interim final rule are applicable in 2021 only and
apply to purse seine vessels of class sizes 46 (carrying capacity of
182 metric tons (mt) or greater) and longline vessels greater than 24
meters (m) in overall length that fish for tropical tuna in the EPO.
This interim final rule is necessary for the conservation of tropical
tuna stocks in the EPO and for the United States to satisfy its
obligations as a member of the IATTC.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Interim Final Rule.................. 01/19/21 86 FR 5033
Interim Final Rule Effective........ 01/19/21
Interim Final Rule Comment Period 02/18/21
End.
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: <a href="/cdn-cgi/l/email-protection#b7d5d6c5c5ce99c3dfd8daf7d9d8d6d699d0d8c1">[email&#160;protected]</a>.
RIN: 0648-BK08

68. Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of Mexico

Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: The National Marine Fisheries Service is taking this
action in response to an October 17, 2016, petition from the U.S.
Department of Interior (DOI), Bureau of Ocean Energy Management (BOEM),
to promulgate regulations governing the authorization of take of marine
mammals incidental to oil and gas industry geophysical surveys
conducted in support of hydrocarbon exploration and development on the
Outer Continental Shelf in the Gulf of Mexico from approximately 2021
through 2026.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/22/18 83 FR 29212
NPRM Comment Period End............. 08/21/18
Final Rule.......................... 01/19/21 86 FR 5322
Final Rule; Correction.............. 04/09/21 86 FR 18476
Final Rule; Correction Effective.... 04/09/21
Final Rule Effective................ 04/19/21
------------------------------------------------------------------------

69. Designation of Critical Habitat for the Mexico, Central American,
and Western Pacific Distinct Population Segments of Humpback Whales
Under the Endangered Species Act

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: This action will propose the designation of critical
habitat for three distinct population segments of humpback whales
(Megaptera novaeangliae) pursuant to section 4 of the Endangered
Species Act. The three distinct population segments of humpback whales
concerned--the Mexico, Central American, and Western Pacific distinct
population segments--were listed under the Endangered Species Act on
September 8, 2016, thereby triggering the requirement under section 4
of the Endangered Species Act to designate critical habitat to the
maximum extent prudent and determinable. Proposed critical habitat for
these three distinct population segments of humpback whales will
include marine habitats within the Pacific Ocean and Bering Sea and
will likely overlap with several existing designations, including
critical habitat for leatherback sea turtles, North Pacific right
whales, Steller sea lions, southern resident killer whales, and the
southern distinct population segment of green sturgeon. Impacts from
the designations for humpback whales would stem from the statutory
requirement for Federal agencies to consult with NMFS, under section 7
of the Endangered Species Act, to ensure that any action they carry
out, authorize, or fund will not result in the destruction or adverse
modification of humpback whale critical habitat. Within many of the
areas we are evaluating for potential proposal as critical habitat for
the humpback whales distinct population segments, Federal agencies are
already required to consult on effects to currently designated critical
habitat for other listed species. Federal agencies are also already
required to consult with NMFS under section 7 of the Endangered Species
Act to ensure that any action they authorize, fund or carry out will
not jeopardize the continued existence of the listed distinct
population segments of humpback whales.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/09/19 84 FR 54354
NPRM Comment Period End............. 12/09/19
NPRM Comment Period Extended........ 11/27/19 84 FR 65346

[[Page 41197]]

NPRM Comment Period Extended End.... 01/31/20
Final Action........................ 04/21/21 86 FR 21082
Final Action Effective.............. 05/21/21
------------------------------------------------------------------------

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Proposed Rule Stage

70. <bullet> Changes To Implement Provisions of the Trademark
Modernization Act of 2020

Legal Authority: 15 U.S.C. 1066; 15 U.S.C. 1067; 15 U.S.C. 1113; 15
U.S.C. 1123; 35 U.S.C. 2; Pub. L. 112-29; Pub. L. 116-260
Abstract: The United States Patent and Trademark Office (USPTO)
amends the rules of practice in trademark cases to implement provisions
of the Trademark Modernization Act of 2020. The amended rules establish
new ex parte expungement and reexamination proceedings; provide for
flexible Office action response periods; and amend the letter-of-
protest rule. The USPTO also amends the rules to set fees for petitions
requesting initiation of the new ex parte cancellation proceedings and
for requests to extend Office action response deadlines and to amend
the rules concerning the suspension of USPTO proceedings and the rules
governing attorney recognition in trademark matters.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/21
NPRM Comment Period End............. 07/00/21
Final Action........................ 11/00/21
Final Action Effective.............. 12/00/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Catherine Cain, Trademark Manual of Examining
Procedure Editor, Department of Commerce, Patent and Trademark Office,
P.O. Box 1451, Alexandria, VA 22313, Phone: 571 272-8946, Fax: 751 273-
8946, Email: <a href="/cdn-cgi/l/email-protection#4c2f2d3824293e252229622f2d25220c393f3c3823622b233a">[email&#160;protected]</a>.
RIN: 0651-AD55

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Completed Actions

71. Trademark Fee Adjustment

Legal Authority: 15 U.S.C. 1066; 15 U.S.C. 1067; 15 U.S.C. 1113; 15
U.S.C. 1123; 35 U.S.C. 2; Pub. L. 112-29
Abstract: The United States Patent and Trademark Office (Office)
takes this action to set and adjust Trademark fee amounts to provide
the Office with a sufficient amount of aggregate revenue to recover its
aggregate cost of operations while helping the Office maintain a
sustainable funding model, ensure integrity of the Trademark register,
and promote efficiency of processes.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/19/20 85 FR 37040
NPRM Comment Period End............. 08/03/20
Final Rule.......................... 11/17/20 85 FR 73197
Final Rule; Delay of Effective Date. 12/15/20 85 FR 81123
Final Rule Effective................ 02/18/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Catherine Cain, Trademark Manual of Examining
Procedure Editor, Department of Commerce, Patent and Trademark Office,
P.O. Box 1451, Alexandria, VA 22313, Phone: 571 272-8946, Fax: 751 273-
8946, Email: <a href="/cdn-cgi/l/email-protection#90f3f1e4f8f5e2f9fef5bef3f1f9fed0e5e3e0e4ffbef7ffe6">[email&#160;protected]</a>.
RIN: 0651-AD42

[FR Doc. 2021-14867 Filed 7-29-21; 8:45 am]
BILLING CODE 3410-12-P

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