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Proposed Rule2021-28219

Fall 2021 Semiannual Agenda of Regulations

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Published

January 31, 2022

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 spring 2021 agenda. The purpose of the Agenda is to provide information to the public on regulations that are currently under review, being proposed, or recently issued by Commerce. It is expected that this information will enable the public to participate more effectively in the Department's regulatory process. Commerce's fall 2021 regulatory agenda includes regulatory activities that are expected to be conducted during the period November 1, 2021, through October 31, 2022.

Full Text

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[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Proposed Rules]
[Pages 5200-5212]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28219]

[[Page 5199]]

Vol. 87

Monday,

No. 20

January 31, 2022

Part IV

Department of Commerce

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Semiannual Regulatory Agenda

Federal Register / Vol. 87 , No. 20 / Monday, January 31, 2022 / UA:
Reg Flex Agenda

[[Page 5200]]

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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

Fall 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 spring 2021 agenda. The purpose of the Agenda is to provide
information to the public on regulations that are currently under
review, being proposed, or recently issued by Commerce. It is expected
that this information will enable the public to participate more
effectively in the Department's regulatory process.
Commerce's fall 2021 regulatory agenda includes regulatory
activities that are expected to be conducted during the period November
1, 2021, through October 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 fall 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. By memorandum
of August 16, 2021, the Office of Management and Budget issued
guidelines and procedures for the preparation and publication of the
fall 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.
The internet is 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 recommend
actions to NMFS deemed 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 fall 2021 regulatory agenda follows.

Leslie Kiernan,
General Counsel.

[[Page 5201]]

General Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
212....................... 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.
------------------------------------------------------------------------
213....................... Concrete Masonry Products 0605-AA53
Research, Education, and
Promotion.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
214....................... 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.
215....................... 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.
216....................... International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
217....................... Illegal, Unreported, and 0648-BG11
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
218....................... 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.
219....................... Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
220....................... Establish National 0648-BJ33
Insurance Requirements
for Observer Providers.
221....................... Amendment 23 to the 0648-BK17
Northeast Multispecies
Fishery Management Plan.
222....................... Amendment 21 to the 0648-BK68
Atlantic Sea Scallop
Fishery Management Plan.
223....................... West Coast Vessel 0648-BK73
Monitoring Exemptions.
224....................... Conservation and 0648-BK84
Management Measures for
Tropical Tunas in the
Eastern Pacific Ocean for
2022 and Beyond.
225....................... Silky Shark Regulations in 0648-BK87
the Eastern Pacific Ocean
in 2022 and Beyond.
226....................... Emergency Purse Seine 0648-BK88
Observer Waivers in the
Eastern Pacific Ocean.
227....................... Amendments to the North 0648-BI88
Atlantic Right Whale
Vessel Strike Reduction
Rule.
228....................... Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
229....................... 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.
230....................... Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
231....................... Atlantic Highly Migratory 0648-BI08
Species: Amendment 13 on
Bluefin Tuna Management.
232....................... Designation of Critical 0648-BC56
Habitat for the Arctic
Ringed Seal.
233....................... Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
234....................... Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
235....................... 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.
236....................... Designation of Critical 0648-BJ52
Habitat for Threatened
Indo-Pacific Reef-
Building Corals.
237....................... Designation of Critical 0648-BJ65
Habitat for the Beringia
Distinct Population
Segment of the Bearded
Seal.
238....................... Monterey Bay National 0648-BI01
Marine Sanctuary
Regulations and
Management Plan.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
239....................... Implementation of a 0648-BD59
Program for
Transshipments by Large
Scale Fishing Vessels in
the Eastern Pacific Ocean.
------------------------------------------------------------------------

[[Page 5202]]

National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
240....................... International Fisheries; 0648-BG66
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Requirements to Safeguard
Fishery Observers.
241....................... Omnibus Deep-Sea Coral 0648-BH67
Amendment.
242....................... 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.
243....................... 2021 Pacific Whiting 0648-BK25
Harvest Specifications
Including Interim Tribal
Allocation; Pacific Coast
Groundfish.
244....................... Reducing Disturbances to 0648-AU02
Hawaiian Spinner Dolphins
From Human Interactions.
245....................... Revision to Critical 0648-BH95
Habitat Designation for
Endangered Southern
Resident Killer Whales.
246....................... Wisconsin-Lake Michigan 0648-BG01
National Marine Sanctuary
Designation.
------------------------------------------------------------------------

Patent and Trademark Office--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
247....................... Changes To Implement 0651-AD55
Provisions of the
Trademark Modernization
Act of 2020 (Reg Plan Seq
No. 15).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Proposed Rule Stage

212. 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................................ 11/00/21 .......................
------------------------------------------------------------------------

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#d9b3bbb8abadb5bcaa99bdb6baf7beb6af">[email&#160;protected]</a>.
RIN: 0605-AA60

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Final Rule Stage

213. 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........................ 09/15/21 86 FR 51456
Final Action Effective.............. 11/29/21 .......................
------------------------------------------------------------------------

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#c6a7aba7b2aea3b186a2a9a5e8a1a9b0">[email&#160;protected]</a>.
RIN: 0605-AA53

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

214. 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:

[[Page 5203]]

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#30515e54491e434442555c535855535b705e5f51511e575f46">[email&#160;protected]</a>.
RIN: 0648-BD32

215. 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................................ 04/00/22 .......................
------------------------------------------------------------------------

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#2d40444e454c48410359425e4c5959426d43424c4c034a425b">[email&#160;protected]</a>.
RIN: 0648-BF41

216. 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................................ 12/00/21 .......................
------------------------------------------------------------------------

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#54393d373c3531387a203b273520203b143a3b35357a333b22">[email&#160;protected]</a>.
RIN: 0648-BG04

217. Illegal, Unreported, and Unregulated 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................................ 02/00/22
------------------------------------------------------------------------

[[Page 5204]]

20910, Phone: 301 427-8286, Email: <a href="/cdn-cgi/l/email-protection#7d1c1118051c531e1211183d13121c1c531a120b">[email&#160;protected]</a>.
RIN: 0648-BG11

218. 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................................ 11/00/21
------------------------------------------------------------------------

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#8be9eaf9f9f2a5ffe3e4e6cbe5e4eaeaa5ece4fd">[email&#160;protected]</a>.
RIN: 0648-BH70

219. 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................................ 09/00/22
------------------------------------------------------------------------

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#3a515f565643145e5f54534e7a54555b5b145d554c">[email&#160;protected]</a>.
RIN: 0648-BI10

220. 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................................ 11/00/21
------------------------------------------------------------------------

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#1f7a697e71317770687a73735f71707e7e31787069">[email&#160;protected]</a>.
RIN: 0648-BJ33

221. 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................................ 11/00/21
------------------------------------------------------------------------

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, Email: <a href="/cdn-cgi/l/email-protection#8de0e4eee5ece8e1a3fde8e3f9e2e3f4cde3e2ececa3eae2fb">[email&#160;protected]</a>.
RIN: 0648-BK17

222. <bullet> Amendment 21 to the Atlantic Sea Scallop Fishery
Management Plan

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The New England Fishery Management Council developed

[[Page 5205]]

Amendment 21 to allow for more controlled access to the scallop
resource by the limited access and limited access general category
(LAGC) fleets and increase monitoring in ways that support a growing
directed scallop fishery in Federal waters, including the Northern Gulf
of Maine (NGOM). Additionally, Amendment 21 considers adjusting the
LAGC individual fishing quota (IFQ) program to support overall economic
performance while allowing for continued participation in the LAGC
fishery at varying levels. This action would: (1) Change the Annual
Catch Limit flow chart to account for biomass in NGOM as part of
Overfishing Limit and the Acceptable Biological Catch to be consistent
with other portions of scallop resource management; (2) Develop
landings limits for all permit categories in NGOM and establish an
800,000-pound NGOM Set-Aside trigger for the NGOM directed fishery with
a sharing agreement for access by all permit categories for allocation
above the trigger. Pounds above the trigger would be split 5 percent
for the NGOM fleet and 95 percent for limited access and LAGC IFQ
fleets; (3) Expand the Scallop Industry Funded Observer program to
monitor directed scallop fishing in the NGOM by using a portion of the
NGOM allocation to off-set monitoring costs; (4) Allocate 25,000 pounds
of the NGOM allocation to increase the overall Scallop Research Set-
Aside (RSA) and support Scallop RSA compensation fishing; (5) Increase
the LAGC IFQ possession limit to 800 pounds per trip only for access
area trips; (6) Prorate the daily observer compensation rate in 12-hour
increments for observed LAGC IFQ trips longer than one day; and (7)
Allow for temporary transfers of IFQ from limited access vessels with
IFQ to LAGC IFQ-only vessels.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/05/21 86 FR 54903
NPRM Comment Period End............. 11/04/21 .......................
Final Action........................ 12/00/21 .......................
------------------------------------------------------------------------

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, Email: <a href="/cdn-cgi/l/email-protection#e78a8e848f86828bc99782899388899ea789888686c9808891">[email&#160;protected]</a>.
RIN: 0648-BK68

223. <bullet> West Coast Vessel Monitoring Exemptions

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: On June 11, 2020, NMFS published the final rule (85 FR
35594) Vessel Movement, Monitoring, and Declaration Management for the
Pacific Coast Groundfish Fishery to revise monitoring provisions. This
revision increased the position transmission rate for vessels
participating in the limited entry groundfish fishery, (``limited entry
A'' endorsed permit), any vessels using non-groundfish trawl gear
(ridgeback prawn, California halibut, and sea cucumber trawl) in the
Exclusive Economic Zone (EEZ), and any vessels that use open access
gear to take and retain or possess groundfish in the EEZ or land
groundfish taken in the EEZ (salmon troll, prawn trap, Dungeness crab,
halibut longline, California halibut line gear, and sheepshead trap).
This action would address an omission in the June 11, 2020, rulemaking
that inadvertently left out the exemption for the pink shrimp trawl
fishery from the position transmission rate increase that was included
in the Pacific Fishery Management Council's recommendation for action.
In April 2016, the Council recommended that vessels in the pink shrimp
trawl fishery be exempt from increasing position transmission rates
from once every hour to once every 15 minutes. This fishery is not
subject to Rockfish Conservation Area restrictions, therefore
additional monitoring for participating vessels is not necessary. This
rulemaking would add this exemption into the regulations as well as
make other minor, non-substantive clarifications in the regulations
that were implemented in the June 11, 2020, rule.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/26/21 86 FR 59109
NPRM Comment Period End............. 11/26/21 .......................
Final Action........................ 01/00/22 .......................
------------------------------------------------------------------------

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#086a697a7a71267c6067654866676969266f677e">[email&#160;protected]</a>.
RIN: 0648-BK73

224. <bullet> Conservation and Management Measures for Tropical Tunas
in the Eastern Pacific Ocean for 2022 and Beyond

Legal Authority: 16 U.S.C. 951; 16 U.S.C. 952; 16 U.S.C. 953; 16
U.S.C. 954; . . .
Abstract: The Inter-American Tropical Tuna Commission (IATTC) is
expected to adopt by consensus a Resolution for Conservation Measures
for Tropical Tunas in the Eastern Pacific Ocean in October 2021. The
Resolution is binding for IATTC member nations, and under the Tuna
Conventions Act, 16 U.S.C. 951 et seq. NMFS must implement the
Resolution domestically. This proposed rule would implement the
provisions for tropical tuna for 2022 and beyond. In addition to
rolling over measures from the 2021 Resolution, this Resolution may
include an increase in purse seine closure days, changes to force
majeure provisions, updates to fish aggregating device measures. The
Resolution is intended to prevent overfishing of tropical tuna (bigeye,
yellowfin, and skipjack) in the eastern Pacific Ocean. The following
provisions that would be included in the proposed rule were also in the
regulations implemented for 2021. The rule will continue to prohibit
purse seine vessels of class sizes 4-6 (carrying capacity greater than
182 mt) from fishing for tropical tuna in the EPO for a period of at
least 72 days. The rule would continue to require a closure of the
fishery for yellowfin, bigeye, and skipjack tunas by purse-seine
vessels within the area of 96W and 110W and between 4[deg] N and 3[deg]
S from 0000 hours on 9 October to 2400 hours on 8 November. The rule
would carry over all provisions included in the Measures of the
Longline Fishery and Other Provisions section of the Resolution. As of
August 23, 2021, 17 U.S. purse seine vessels of class size 4-6 are
registered to fish in the IATTC Convention Area that would be impacted
by these measures. Owners and operators of these vessels are familiar
with these measures. In addition to sending professional
representatives and lobbyists, many personally attended the June and
August IATTC Meetings and were closely involved in briefings and
discussions with State Department and NMFS leadership and staff. The
action is necessary for the United States to satisfy its international
obligations as a Member of the IATTC. This rule is not expected to
trigger either opposition from any sector of the public or
congressional interest. NMFS has considered this action under E.O.
12866. Based on that review, this action

[[Page 5206]]

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
------------------------------------------------------------------------
NPRM................................ 11/00/21 .......................
------------------------------------------------------------------------

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#75171407070c5b011d1a18351b1a14145b121a03">[email&#160;protected]</a>.
RIN: 0648-BK84

225. <bullet> Silky Shark Regulations in the Eastern Pacific Ocean in
2022 and Beyond

Legal Authority: 16 U.S.C. 951 et seq.
Abstract: The National Marine Fisheries Service (NMFS) intends to
maintain existing regulations on silky shark for 2022 and beyond,
implemented under the Inter-American Tropical Tuna Commission (IATTC)
Resolution on silky shark, under the authority of the Tuna Conventions
Act. The IATTC Resolution on silky shark is expected to be adopted at
the October 2021 session of the 98th Meeting of the IATTC. This
proposed rule would maintain existing domestic implementing regulations
pertaining to the prohibition on retention, transshipment, storing, and
landing any part or whole carcass of silky shark on U.S. purse seine
and longline vessels, as well as the specified exceptions to this
prohibition for purse seine vessels. These existing regulations in the
proposed rule would apply to United States purse seine and longline
vessels authorized to fish in the eastern Pacific Ocean, and would not
impose additional burden. These regulations on silky shark have not
been and are not expected to be opposed by domestic commercial fishing
interests. The action is necessary for the United States to satisfy its
international obligations as a Member of the IATTC. This rule is not
expected to trigger either opposition from any sector of the public or
congressional interest. 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
------------------------------------------------------------------------
NPRM................................ 11/00/21
------------------------------------------------------------------------

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#88eae9fafaf1a6fce0e7e5c8e6e7e9e9a6efe7fe">[email&#160;protected]</a>.
RIN: 0648-BK87

226. <bullet> Emergency Purse Seine Observer Waivers in the Eastern
Pacific Ocean

Legal Authority: 16 U.S.C. 951; 16 U.S.C. 952; 16 U.S.C. 953; 16
U.S.C. 954; 16 U.S.C. 955; 16 U.S.C. 956; 16 U.S.C. 957; 16 U.S.C. 958;
16 U.S.C. 959; 16 U.S.C. 960; 16 U.S.C. 961; 16 U.S.C. 962
Abstract: On March 27, 2020, NMFS published a temporary rule for an
emergency action in response to the COVID-19 Pandemic (85 FR 17285),
that provides the authority to waive observer coverage requirements
implemented under certain statutes, including the Marine Mammal
Protection Act and Tuna Conventions Act. That temporary rule was
extended and is currently in effect until March 26, 2022 (86 FR 16307),
or until the Secretary of Health and Human Services determines that the
COVID-19 Pandemic is no longer a public health emergency, whichever is
earlier. Pursuant to the emergency rule, and in accordance with
exemption procedures adopted by the Inter-American Tropical Tuna
Commission (IATTC), NMFS WCR established procedures, subject to
revocation or extension as circumstances warrant, for issuing temporary
exemptions on an individual basis to the observer requirements under 50
CFR 216.24(e) and 50 CFR 300.25(e)(4)(iv). With travel restrictions
continuing to be enforced at American Samoa and other port states where
observers embark on United States flagged purse seine vessels,
placement of observers is not always possible. If the temporary rule
expires in March 2022, and is not renewed, NMFS will no longer possess
the emergency authority to issue observer waivers in these cases. With
the potential for travel restrictions that prevent the placement of
observers continuing beyond March 2022, NMFS is proposing to implement
an emergency waiver provision to allow NMFS to issue temporary written
waivers from the observer requirements, on a case-by-case basis, in
accordance with IATTC exemption procedures. NMFS is undertaking this
action under the authority of the Tuna Conventions Act and the Marine
Mammal Protection Act to satisfy the obligations of the United States
as a Member of the IATTC. This rule is not expected to trigger either
opposition from any sector of the public or congressional interest.
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
------------------------------------------------------------------------
NPRM................................ 11/00/21
------------------------------------------------------------------------

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#ed8f8c9f9f94c399858280ad83828c8cc38a829b">[email&#160;protected]</a>.
RIN: 0648-BK88

227. Amendments to the North Atlantic Right Whale Vessel Strike
Reduction Rule

Legal Authority: 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.

[[Page 5207]]

Abstract: NMFS has completed a review of the North Atlantic right
whale vessel speed rule (per 50 CFR 224.105; 78 FR 73726, December 9,
2013). Through this action, NMFS invites comment on the report as well
as information that may inform potential revisions to existing
management strategies and regulations to further reduce the risk of
vessel strikes of North Atlantic right whales.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#9df6f4f0fff8eff1e4b3f9fcf0f2f3b0effcf3f9fcf1f1ddf3f2fcfcb3faf2eb">[email&#160;protected]</a>.
RIN: 0648-BI88

228. 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................................ 09/28/21 86 FR 53844
NPRM Comment Period End............. 12/27/21
Final Action........................ 02/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#056e6c68676077697c2b6164686a6b2877646b61646969456b6a64642b626a73">[email&#160;protected]</a>.
RIN: 0648-BK04

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

229. 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 09/14/21 86 FR 51014
Effectiveness for Delayed
Provisions.
Delay of Effective Date............. 11/02/21 86 FR 60374
Delay of Effective Date Effective... 12/13/21
Final Action Effective.............. 12/13/21
------------------------------------------------------------------------

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#1879767c61366b6c6a7d747b707d7b735876777979367f776e">[email&#160;protected]</a>.
RIN: 0648-BH72

230. 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:

[[Page 5208]]

Final Action........................ 11/00/21
------------------------------------------------------------------------

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#2849444d5049064b47444d6846474949064f475e">[email&#160;protected]</a>.
RIN: 0648-BH87

231. Atlantic Highly Migratory Species: Amendment 13 on Bluefin Tuna
Management

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NOAA/NMFS proposes to revise the management measures for
Atlantic bluefin tuna fisheries. Potential management measures could
include modifications to pelagic longline and purse seine fisheries as
well as other bluefin tuna fisheries, which would increase flexibility
for fishery participants.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/21/21 86 FR 27686
NPRM Comment Period End............. 07/20/21
NPRM Comment Period Extended........ 07/20/21 86 FR 38262
NPRM Comment Period Extended End.... 09/09/21
Final Action........................ 06/00/22
------------------------------------------------------------------------

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#c9a2aca5a5b0e7adaca7a0bd89a7a6a8a8e7aea6bf">[email&#160;protected]</a>.
RIN: 0648-BI08

232. 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
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
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#c3a8aaaea1a6b1afbaeda7a2aeacadeeb1a2ada7a2afaf83adaca2a2eda4acb5">[email&#160;protected]</a>.
RIN: 0648-BC56

233. 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
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#ff9496929d9a8d9386d19b9e929091d28d9e919b9e9393bf91909e9ed1989089">[email&#160;protected]</a>.
RIN: 0648-BF90

234. 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, U.S. 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:

[[Page 5209]]

NPRM Comment Period End............. 01/26/21
Final Rule.......................... 06/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#492220242b2c3b2530672d28242627643b28272d2825250927262828672e263f">[email&#160;protected]</a>.
RIN: 0648-BG26

235. 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.
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........................ 09/17/21 86 FR 51970
Final Action Effective.............. 10/18/21
Correction.......................... 12/00/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#f09b999d9295829c89de94919d9f9edd82919e94919c9cb09e9f9191de979f86">[email&#160;protected]</a>.
RIN: 0648-BJ09

236. 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
Third NPRM Comment Period Extended.. 03/29/21 86 FR 16325
Third NPRM Comment Period Extended 05/26/21
End.
Final Rule.......................... 06/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#c4afada9a6a1b6a8bdeaa0a5a9abaae9b6a5aaa0a5a8a884aaaba5a5eaa3abb2">[email&#160;protected]</a>.
RIN: 0648-BJ52

237. 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
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#1b707276797e697762357f7a76747536697a757f7a77775b75747a7a357c746d">[email&#160;protected]</a>.
RIN: 0648-BJ65

[[Page 5210]]

NOS/ONMS

238. Monterey Bay National Marine Sanctuary Regulations and Management
Plan

Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: The National Oceanic and Atmospheric Administration
(NOAA) is proposing a draft revised management plan and revised
regulations for the Monterey Bay National Marine Sanctuary (MBNMS or
Sanctuary). The proposed regulations would revise and provide greater
clarity to existing regulations, and make minor technical corrections.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/06/20 85 FR 40143
NPRM Comment Period End............. 09/04/20
Final Action........................ 11/00/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jessica Kondel, Policy and Planning 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-BI01

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

239. 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:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Phone: 503 231-6266, Email:
<a href="/cdn-cgi/l/email-protection#72101300000b5c061a1d1f321c1d13135c151d04">[email&#160;protected]</a>.
RIN: 0648-BD59

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

240. 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........................ 07/07/21 86 FR 35653
Final Action Effective.............. 08/06/21
------------------------------------------------------------------------

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#600d09030801050c4e140f130114140f200e0f01014e070f16">[email&#160;protected]</a>.
RIN: 0648-BG66

241. 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, Email: <a href="/cdn-cgi/l/email-protection#e28f8b818a83878ecc92878c968d8c9ba28c8d8383cc858d94">[email&#160;protected]</a>.
RIN: 0648-BH67

242. 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

[[Page 5211]]

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, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7221, Email: <a href="/cdn-cgi/l/email-protection#7d171410531f1c110e141a180f3d13121c1c531a120b">[email&#160;protected]</a>.
RIN: 0648-BJ73

243. 2021 Pacific Whiting Harvest Specifications Including Interim
Tribal Allocation; Pacific Coast Groundfish

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would establish the 2021 adjusted U.S. Total
Allowable Catch (TAC) level, interim tribal and non-tribal allocations,
allocations for three commercial whiting sectors, and research and
bycatch set-asides. Through this rulemaking, NMFS sets the U.S. TAC
based on the coastwide TAC determined under the terms of the Agreement
with Canada on Pacific Hake/Whiting (Agreement) and the Pacific Whiting
Act of 2006 (Whiting Act), the interim allocation for the tribal
fishery, the fishery harvest guideline, called the non-tribal
allocation, and set asides for research and bycatch. As in prior years,
the tribal allocation is an interim allocation that is not intended to
set precedent for future years. The harvest specifications that would
be implemented by this action would be in effect in time for the
Pacific Whiting fishery that opens May 15, 2021 through December 31,
2021.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/16/21 86 FR 9473
NPRM Comment Period End............. 03/18/21
Revised Proposed Rule............... 05/04/21 86 FR 23659
Revised Proposed Rule Comment Period 05/19/21
End.
Final Action........................ 06/23/21 86 FR 32804
Final Action Effective.............. 06/23/21
------------------------------------------------------------------------

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#63010211111a4d170b0c0e230d0c02024d040c15">[email&#160;protected]</a>.
RIN: 0648-BK25

244. 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........................ 09/28/21 86 FR 53818
Final Action Effective.............. 10/28/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#eb808286898e998792c58f8a868485c6998a858f8a8787ab85848a8ac58c849d">[email&#160;protected]</a>.
RIN: 0648-AU02

245. 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 Action........................ 08/02/21 86 FR 41668
Final Action Effective.............. 09/01/21
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, 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, Email: <a href="/cdn-cgi/l/email-protection#c0aba9ada2a5b2acb9eea4a1adafaeedb2a1aea4a1acac80aeafa1a1eea7afb6">[email&#160;protected]</a>.
RIN: 0648-BH95

246. 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

[[Page 5212]]

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 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........................ 06/23/21 86 FR 32737
Final Action Effective.............. 08/16/21
Notification of Effective Date of 08/17/21 86 FR 45860
Final Rule.
------------------------------------------------------------------------

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#2b595e5858054c594e4e456b45444a4a054c445d">[email&#160;protected]</a>.
Jessica Kondel, Policy and Planning 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)

Patent and Trademark Office (PTO)

Final Rule Stage

247. Changes To Implement Provisions of the Trademark Modernization Act
of 2020

Regulatory Plan: This entry is Seq. No. 15 in part II of this issue
of the Federal Register.
RIN: 0651-AD55

[FR Doc. 2021-28219 Filed 1-28-22; 8:45 am]
BILLING CODE 3410-12-P

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