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Proposed Rule2022-14600

Spring 2022 Semiannual Agenda of Regulations

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Published

August 8, 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 fall 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 spring 2022 regulatory agenda includes regulatory activities that are expected to be conducted during the period June 1, 2022, through May 31, 2023.

Full Text

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[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Proposed Rules]
[Pages 48252-48264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14600]

[[Page 48251]]

Vol. 87

Monday,

No. 151

August 8, 2022

Part IV

Department of Commerce

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Semiannual Regulatory Agenda

Federal Register / Vol. 87 , No. 151 / Monday, August 8, 2022 / UA:
Reg Flex Agenda

[[Page 48252]]

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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 2022 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 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 spring 2022 regulatory agenda includes regulatory
activities that are expected to be conducted during the period June 1,
2022, through May 31, 2023.

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 2022
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
spring 2022 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 Spring 2022 regulatory agenda follows.

Leslie Kiernan,
General Counsel.

[[Page 48253]]

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

General Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
32........................ Concrete Masonry Products 0605-AA53
Research, Education, and
Promotion.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
33........................ 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.
34........................ International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
35........................ Illegal, Unreported, and 0648-BG11
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
36........................ Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
37........................ Implementation of 0648-BK84
Resolutions C-21-04 and C-
21-06 of the Inter-
American Tropical Tuna
Commission for Tropical
Tuna and Silky Shark
Conservation.
38........................ Amendment 122 to the 0648-BL08
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area;
Pacific Cod Trawl
Cooperative Program.
39........................ Amendment 123 to the 0648-BL42
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area;
Halibut Abundance-Based
Management of Amendment
80 Prohibited Species
Catch Limit.
40........................ Amendments to the North 0648-BI88
Atlantic Right Whale
Vessel Strike Reduction
Rule.
41........................ Designation of Critical 0648-BJ52
Habitat for Threatened
Indo-Pacific Reef-
Building Corals.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
42........................ 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.
43........................ Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
44........................ Atlantic Highly Migratory 0648-BI08
Species: Amendment 13 on
Bluefin Tuna Management.
45........................ Establish National 0648-BJ33
Insurance Requirements
for Observer Providers.
46........................ Amendment 23 to the 0648-BK17
Northeast Multispecies
Fishery Management Plan.
47........................ Amendment 14 to the 0648-BK31
Fishery Management Plan
for the Salmon Fisheries
in the EEZ Off Alaska.
48........................ Framework Adjustment 63 to 0648-BL12
the Northeast
Multispecies Fishery
Management Plan.
49........................ Atlantic Highly Migratory 0648-BL17
Species; Rule to Modify
the Retention Limit of
Shortfin Mako Sharks.
50........................ Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
51........................ Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
52........................ 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.
53........................ Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
54........................ 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.
------------------------------------------------------------------------

[[Page 48254]]

National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
55........................ Implementation of a 0648-BD59
Program for
Transshipments by Large
Scale Fishing Vessels in
the Eastern Pacific Ocean.
56........................ 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.
57........................ Bluefish Allocation and 0648-BK64
Rebuilding Amendment
(Amendment 7 to the
Bluefish Fishery
Management Plan).
58........................ Silky Shark Regulations in 0648-BK87
the Eastern Pacific Ocean
in 2022 and Beyond.
59........................ International Fisheries; 0648-BK88
Pacific Tuna Fisheries;
Purse Seine Observer
Exemptions in the Eastern
Pacific Ocean.
60........................ Atlantic Highly Migratory 0648-BL16
Species; Rule to Modify
Atlantic Bluefin Tuna and
North Atlantic Albacore
Quotas.
61........................ Rulemaking to Modify the 0648-BL28
2022 Halibut Individual
Fishing Quota (IFQ)
Vessel Harvest
Limitations in IFQ
Regulatory Areas 4A, 4B,
4C, and 4D.
62........................ Designation of Critical 0648-BC56
Habitat for the Arctic
Ringed Seal.
63........................ Designation of Critical 0648-BJ65
Habitat for the Beringia
Distinct Population
Segment of the Bearded
Seal.
64........................ Monterey Bay National 0648-BI01
Marine Sanctuary
Regulations and
Management Plan.
------------------------------------------------------------------------

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

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Proposed Rule Stage

31. Securing the Information and Communications Technology and Services
Supply Chain: Licensing Procedures [0605-AA60]

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................................ 07/00/22 .......................
------------------------------------------------------------------------

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#7319111201071f160033171c105d141c05">[email&#160;protected]</a>.
RIN: 0605-AA60

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Completed Actions

32. Concrete Masonry Products Research, Education, and Promotion [0605-
AA53]

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#3c5d515d4854594b7c58535f125b534a">[email&#160;protected]</a>.
RIN: 0605-AA53

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

33. Comprehensive Fishery Management Plan for Puerto Rico,
Comprehensive Fishery Management Plan for St. Croix, Comprehensive
Fishery Management Plan for St. Thomas/St. John [0648-BD32]

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,

[[Page 48255]]

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#abcac5cfd285d8dfd9cec7c8c3cec8c0ebc5c4caca85ccc4dd">[email&#160;protected]</a>.
RIN: 0648-BD32

34. International Fisheries; South Pacific Tuna Fisheries;
Implementation of Amendments to the South Pacific Tuna Treaty [0648-
BG04]

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................................ 06/00/22.
------------------------------------------------------------------------

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#b5d8dcd6ddd4d0d99bc1dac6d4c1c1daf5dbdad4d49bd2dac3">[email&#160;protected]</a>.
RIN: 0648-BG04

35. Illegal, Unreported, and Unregulated Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
[0648-BG11]

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................................ 06/00/22
------------------------------------------------------------------------

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#3958555c4158175a56555c7957565858175e564f">[email&#160;protected]</a>.
RIN: 0648-BG11

36. Atlantic Highly Migratory Species; Research and Data Collection in
Support of Spatial Fisheries Management [0648-BI10]

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................................ 12/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries,

[[Page 48256]]

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#d3b8b6bfbfaafdb7b6bdbaa793bdbcb2b2fdb4bca5">[email&#160;protected]</a>.
RIN: 0648-BI10

37. Implementation of Resolutions C-21-04 and C-21-06 of the Inter-
American Tropical Tuna Commission for Tropical Tuna and Silky Shark
Conservation [0648-BK84]

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. This rule absorbs 0648-BK87.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Rumsey, Acting Regional Administrator, West
Coast Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872-2791, Email: <a href="/cdn-cgi/l/email-protection#1467777b60603a66617967716d547a7b75753a737b62">[email&#160;protected]</a>.
RIN: 0648-BK84

38. <bullet> Amendment 122 to the Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Management Area;
Pacific Cod Trawl Cooperative Program [0648-BL08]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this proposed action would implement
Amendment 122 to the Fishery Management Plan (FMP) for Groundfish of
the Bering Sea and Aleutian Islands Management Area (BSAI). If approved
by the Secretary of Commerce and implemented by NMFS, the Pacific cod
Trawl Cooperative Program (PCTC Program) would allocate quota share
(QS) to groundfish License Limitation Program (LLP) license holders
based on the harvest of BSAI Pacific cod during qualifying years. This
Program would also allocate QS to a processor permit holder based on
processing history during the qualifying years. QS allocated under this
program would yield an exclusive harvest privilege to members of a PCTC
Program cooperative. The Council's intent in recommending Amendment 122
is to improve the prosecution of the fishery by promoting safety and
stability in the harvesting and processing sectors, increasing the
value of the fishery, minimizing bycatch to the extent practicable,
providing for the sustained participation of fishery dependent
communities, and ensuring the sustainability and viability of the
Pacific cod resource in the BSAI. The Council initiated action on this
Limited Access Privilege Program (LAPP) in response to industry
requests to address increasing inefficiency in the BSAI Pacific cod
trawl catcher vessel sector by implementing a catch share program.
Owners and operators of harvesters and processors that participate in
the BSAI Pacific cod trawl fishery would be affected by this action.
Section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA) is the rulemaking authority. Section 303A of the
MSA authorizes the creation of LAPPs.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: <a href="/cdn-cgi/l/email-protection#e78d8889c98c92958b868983a789888686c9808891">[email&#160;protected]</a>.
RIN: 0648-BL08

39. <bullet> Amendment 123 to the Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Management Area;
Halibut Abundance-Based Management of Amendment 80 Prohibited Species
Catch Limit [0648-BL42]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council (Council), this proposed action would
implement Amendment 123 to the Fishery Management Plan (FMP) for
Groundfish of the Bering Sea and Aleutian Islands Management Area
(BSAI). If approved by the Secretary of Commerce and implemented by
NMFS, this action would determine the BSAI Amendment 80 commercial
groundfish trawl fleet's (A80) halibut prohibited species catch (PSC)
limit annually based on the most recent values from surveys conducted
by the Alaska Fisheries Science Center and the International Pacific
Halibut Commission (IPHC). The Council's intent in recommending
Amendment 123 is to link annual halibut PSC limits in the A80 fleet
with estimated halibut abundance. The reason for the change being
considered is that the current PSC limit, currently set as a fixed
annual amount of 1,745 mt, becomes an increasingly larger proportion of
total halibut removals in the BSAI when halibut abundance declines.
Over the last 6 years, the Council and its advisory bodies,
stakeholders, and the public have considered several approaches for a
halibut abundance-based management (ABM) program consistent with
Council

[[Page 48257]]

fishery management objectives and the Magnuson-Stevens Fishery
Conservation and Management Act (MSA). Public testimony on this action
over the years has focused on two primary concerns. The first is the
importance of providing flexibility to the A80 fleet to prosecute their
quotas. The second is concern about the decline in the directed halibut
fishery catch as a result of a decline in halibut abundance, compounded
by fixed PSC limits that further reduce the proportion of halibut
available to the directed halibut fisheries.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: <a href="/cdn-cgi/l/email-protection#cea4a1a0e0a5bbbca2afa0aa8ea0a1afafe0a9a1b8">[email&#160;protected]</a>.
RIN: 0648-BL42

40. Amendments to the North Atlantic Right Whale Vessel Strike
Reduction Rule [0648-BI88]

Legal Authority: 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.
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................................ 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#1e7577737c7b6c7267307a7f737170336c7f707a7f72725e70717f7f30797168">[email&#160;protected]</a>.
RIN: 0648-BI88

41. Designation of Critical Habitat for Threatened Indo-Pacific Reef-
Building Corals [0648-BJ52]

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.
Second NPRM......................... 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#355e5c58575047594c1b5154585a5b1847545b51545959755b5a54541b525a43">[email&#160;protected]</a>.
RIN: 0648-BJ52

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

42. 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 [0648-BH70]

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................................ 03/01/22 87 FR 11382
NPRM Comment Period End............. 03/31/22
Final Action........................ 06/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Rumsey, Acting Regional Administrator, West
Coast Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872-2791, Email: <a href="/cdn-cgi/l/email-protection#7605151902025804031b05130f361819171758111900">[email&#160;protected]</a>.
RIN: 0648-BH70

43. Magnuson-Stevens Fisheries Conservation and Management Act;
Traceability Information Program for Seafood [0648-BH87]

Legal Authority: 16 U.S.C. 1801 et seq.; Pub. L. 115-141
Abstract: On December 9, 2016, NMFS issued a final rule that

[[Page 48258]]

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:

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#1b7a777e637a357874777e5b75747a7a357c746d">[email&#160;protected]</a>.
RIN: 0648-BH87

44. Atlantic Highly Migratory Species: Amendment 13 on Bluefin Tuna
Management [0648-BI08]

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#adc6c8c1c1d483c9c8c3c4d9edc3c2cccc83cac2db">[email&#160;protected]</a>.
RIN: 0648-BI08

45. Establish National Insurance Requirements for Observer Providers
[0648-BJ33]

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................................ 11/22/21 86 FR 66259
NPRM Comment Period End............. 01/21/22
Final Action........................ 06/00/22
------------------------------------------------------------------------

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#5b3e2d3a357533342c3e37371b35343a3a753c342d">[email&#160;protected]</a>.
RIN: 0648-BJ33

46. Amendment 23 to the Northeast Multispecies Fishery Management Plan
[0648-BK17]

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................................ 02/28/22 87 FR 11014
NPRM Comment Period End............. 03/30/22
Final Action........................ 06/00/22
------------------------------------------------------------------------

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#f4999d979c959198da84919a809b9a8db49a9b9595da939b82">[email&#160;protected]</a>.
RIN: 0648-BK17

47. Amendment 14 to the Fishery Management Plan for the Salmon
Fisheries in the EEZ Off Alaska [0648-BK31]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would modify the Fishery Management Plan for
the

[[Page 48259]]

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................................ 06/04/21 86 FR 29977
NPRM Comment Period End............. 07/06/21
Final Action........................ 11/03/21 86 FR 60568
Final Action Effective.............. 12/03/21
Next Action Undetermined............ 06/00/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: <a href="/cdn-cgi/l/email-protection#117b7e7f3f7a64637d707f75517f7e70703f767e67">[email&#160;protected]</a>.
RIN: 0648-BK31

48. <bullet> Framework Adjustment 63 to the Northeast Multispecies
Fishery Management Plan [0648-BL12]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The action would implement management measures included
in Framework Adjustment 63 to the Northeast Multispecies Fishery
Management Plan (Framework 63) that were developed by the New England
Fishery Management Council in response to new scientific information,
pursuant to the rulemaking authorities under section 303(c) of the
Magnuson-Stevens Fishery Conservation and Management Act. The action
would set annual specifications for fishing years (FY) 2022-2024 for
Gulf of Maine cod and Georges Bank (GB) cod, FY2022-2023 for GB
yellowtail flounder, and FY2022 for white hake, and specify FY 2022
total allowable catches (TAC) for the three U.S./Canada stocks eastern
GB cod, eastern GB haddock, and GB yellowtail flounder. It would also
adopt additional measures to promote stock rebuilding; and develop
alternatives to the current default specifications system.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/20/22 87 FR 23482
NPRM Comment Period End............. 05/05/22
Final Action........................ 06/00/22
------------------------------------------------------------------------

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#81ece8e2e9e0e4edaff1e4eff5eeeff8c1efeee0e0afe6eef7">[email&#160;protected]</a>.
RIN: 0648-BL12

49. <bullet> Atlantic Highly Migratory Species; Rule To Modify the
Retention Limit of Shortfin Mako Sharks [0648-BL17]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic highly migratory species (HMS) fisheries are
managed under the dual authority of the Magnuson-Stevens Conservation
and Management Act and the Atlantic Tunas Convention Act (ATCA). This
proposed rule would adopt management measures implementing a 2021
International Commission for the Conservation of Atlantic Tunas (ICCAT)
recommendation prohibiting retention of North Atlantic shortfin mako
sharks caught in association with ICCAT fisheries in 2022.
Specifically, this action would propose implementing a flexible
shortfin mako shark retention limit with a default of zero in
commercial and recreational HMS fisheries. This action is being taken
pursuant to the rulemaking authority under the Magnuson-Stevens Fishery
Conservation and Management Act, section 305(d), and ATCA.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/11/22 87 FR 21077
NPRM Comment Period End............. 05/11/22
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#b1dad4ddddc89fd5d4dfd8c5f1dfded0d09fd6dec7">[email&#160;protected]</a>.
RIN: 0648-BL17

50. Amendment and Updates to the Pelagic Longline Take Reduction Plan
[0648-BF90]

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........................ 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#711a181c1314031d085f15101c1e1f5c03101f15101d1d311f1e10105f161e07">[email&#160;protected]</a>.
RIN: 0648-BF90

[[Page 48260]]

51. Designation of Critical Habitat for the Threatened Caribbean Corals
[0648-BG26]

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.......................... 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#452e2c28272037293c6b2124282a2b6837242b21242929052b2a24246b222a33">[email&#160;protected]</a>.
RIN: 0648-BG26

52. 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 [0648-BJ09]

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.......................... 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#147f7d79767166786d3a7075797b7a3966757a70757878547a7b75753a737b62">[email&#160;protected]</a>.
RIN: 0648-BJ09

53. Establishment of Time-Area Closures for Hawaiian Spinner Dolphins
Under the Marine Mammal Protection Act [0648-BK04]

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........................ 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#9ff4f6f2fdfaedf3e6b1fbfef2f0f1b2edfef1fbfef3f3dff1f0fefeb1f8f0e9">[email&#160;protected]</a>.
RIN: 0648-BK04

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

54. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Treatment of U.S. Purse Seine Fishing With
Respect to U.S. Territories [0648-BF41]

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

[[Page 48261]]

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................................ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Phone: 808 725-5000, Email:
<a href="/cdn-cgi/l/email-protection#c8a5a1aba0a9ada4e6bca7bba9bcbca788a6a7a9a9e6afa7be">[email&#160;protected]</a>.
RIN: 0648-BF41

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

55. Implementation of a Program for Transshipments by Large Scale
Fishing Vessels in the Eastern Pacific Ocean [0648-BD59]

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
------------------------------------------------------------------------
Withdrawn........................... 04/25/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Rumsey, Acting Regional Administrator, West
Coast Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872-2791, Email: <a href="/cdn-cgi/l/email-protection#acdfcfc3d8d882ded9c1dfc9d5ecc2c3cdcd82cbc3da">[email&#160;protected]</a>.
RIN: 0648-BD59

56. 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 [0648-BH72]

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.............. 03/01/22
------------------------------------------------------------------------

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#44252a203d6a3730362128272c21272f042a2b25256a232b32">[email&#160;protected]</a>.
RIN: 0648-BH72

57. Bluefish Allocation and Rebuilding Amendment (Amendment 7 to the
Bluefish Fishery Management Plan) [0648-BK64]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Mid-Atlantic Fishery Management Council and Atlantic
States Marine Fisheries Commission initiated this amendment in December
2018 to consider a comprehensive revision to the Atlantic bluefish
fishery management plan (FMP); including a review of quota allocation
between sectors and between states, as well as a review of the FMP
goals and objectives. In August 2019, an operational stock assessment
determined that the bluefish stock is overfished, and requires a
rebuilding plan. NMFS notified the Council in November 2019, and the
Council and the Commission's Bluefish Board voted to include the
rebuilding plan in this comprehensive amendment. The intent of this
action is to update the bluefish FMP with the best scientific data
available, responding to recent changes in stock health and
distribution, while recognizing economic need and reliance throughout
the management area. The Council and Board made final recommendations
on proposed measures at the joint meeting in June 2021, with the goal
of implementing this action by November 2021, consistent with
rebuilding plan provisions of the Magnuson-Stevens Fishery Conservation
and Management Act, and to be effective for the January 1 start of the
2022 fishing year. The amendment proposes to: (1) Update the Bluefish
FMP goals and objectives; (2) Re-allocate quota between sectors from
83% recreational/17% commercial to

[[Page 48262]]

86% recreational/14% commercial with no phase-in period; (3) Re-
allocate commercial quota to the states based on the last 10 years of
landings data with a 0.1% minimum default allocation and a phase-in
period of 7 years; (4) Implement a 7-year rebuilding plan using a
constant fishing mortality model; (5) Allow the sector quota transfer
move either direction (from commercial to recreational or vice versa),
with a revised amount cap of 10% of the acceptable biological catch for
the year; and (6) Allow for management uncertainty and related
accountability measure process to be applied to the commercial and
recreational sectors separately during the catch specifications
process. This action would affect vessels issued federal commercial
bluefish permits, and those with federal party/charter recreational
permits for bluefish. While this action may have some impact on these
entities, the effect is not expected to be significant.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/13/21 86 FR 50866
NPRM Comment Period End............. 10/13/21
Final Action........................ 11/24/21 86 FR 66977
Final Action Effective.............. 01/01/22
------------------------------------------------------------------------

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#dbb6b2b8b3babeb7f5abbeb5afb4b5a29bb5b4babaf5bcb4ad">[email&#160;protected]</a>.
RIN: 0648-BK64

58. Silky Shark Regulations in the Eastern Pacific Ocean in 2022 and
Beyond [0648-BK87]

Legal Authority: 16 U.S.C. 951 et seq.
Abstract: Merged with 0648-BK84. 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.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Merged With 0648-BK84............... 02/16/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Rumsey, Acting Regional Administrator, West
Coast Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872-2791, Email: <a href="/cdn-cgi/l/email-protection#86f5e5e9f2f2a8f4f3ebf5e3ffc6e8e9e7e7a8e1e9f0">[email&#160;protected]</a>.
RIN: 0648-BK87

59. International Fisheries; Pacific Tuna Fisheries; Purse Seine
Observer Exemptions in the Eastern Pacific Ocean [0648-BK88]

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.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/04/22 87 FR 6474
NPRM Comment Period End............. 03/07/22
Final Action........................ 03/25/22 87 FR 17018
Final Action Effective.............. 03/25/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Rumsey, Acting Regional Administrator, West
Coast Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872-2791, Email: <a href="/cdn-cgi/l/email-protection#ed9e8e829999c39f98809e8894ad83828c8cc38a829b">[email&#160;protected]</a>.
RIN: 0648-BK88

60. <bullet> Atlantic Highly Migratory Species; Rule To Modify Atlantic
Bluefin Tuna and North Atlantic Albacore Quotas [0648-BL16]

[[Page 48263]]

proposed rule would implement the annual U.S. bluefin tuna quota
recommended by the International Commission for the Conservation of
Atlantic Tunas (ICCAT) for 2022 (Recommendation 21-07) and the northern
albacore quota recommended by ICCAT for 2022 and 2023 (Recommendation
21-04). This proposed rule would also allocate the bluefin tuna quota
among the domestic fishing categories consistent with existing
regulations. This proposed rule is being taken pursuant to the
rulemaking authority under the Magnuson-Stevens Fishery Conservation
and Management Act, section 305(d), and ATCA.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/07/22 87 FR 12648
NPRM Comment Period End............. 04/06/22
Final Action........................ 06/01/22 87 FR 33049
Final Action Effective.............. 07/01/22
------------------------------------------------------------------------

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#3358565f5f4a1d57565d5a47735d5c52521d545c45">[email&#160;protected]</a>.
RIN: 0648-BL16

61. <bullet> Rulemaking To Modify the 2022 Halibut Individual Fishing
Quota (IFQ) Vessel Harvest Limitations in IFQ Regulatory Areas 4A, 4B,
4C, and 4D [0648-BL28]

Legal Authority: 16 U.S.C. 773
Abstract: Commercial halibut fishing off the coast of Alaska is
managed under an Individual Fishing Quota (IFQ) program implemented by
Federal regulations under the authority of the Northern Pacific Halibut
Act of 1982. One feature of the IFQ program is a limit on the maximum
amount of halibut that may be harvested by a vessel (referred to as
vessel caps). Regulations at 50 CFR 679.42(h)(1) specify that no vessel
may be used to harvest more IFQ halibut than one-half percent of the
combined total catch limits of halibut for IFQ regulatory areas during
a fishing year. Additionally, the regulations specify vessel caps for
Community Quota Entities (CQEs) in Alaska IFQ regulatory areas, stating
no vessel may be used, during any fishing year, to harvest more than
50,000 lb (22.7 mt) of IFQ halibut derived from quota shares held by a
CQE. On February 10, 2022, the North Pacific Fishery Management Council
(Council) addressed the effects of the coronavirus pandemic on the
Pacific halibut fishery by recommending expedited action to temporarily
remove IFQ halibut vessel caps for the 2022 fishing year in IFQ
regulatory areas 4A (Eastern Aleutian Islands), 4B (Central and Western
Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering
Sea). This action would revise 50 CFR 679.42(h)(1) to remove vessels
caps in those four areas for the 2022 fishing year only. Halibut IFQ
holders with QS in those four areas would be affected by this action,
as well as CQEs in area 4B. This action would not modify any other
aspects of the IFQ Program. NMFS seeks to publish the Proposed and
Final rules to implement the revised regulations as soon as
practicable, with a shortened public comment period. Section 773c(c) of
the Northern Pacific Halibut Act is the rulemaking authority.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/19/22 87 FR 23155
NPRM Comment Period End............. 05/04/22
Final Action........................ 06/06/22 87 FR 34215
Final Action Effective.............. 06/06/22
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Doug Mecum, Acting Regional Administrator,
Department of Commerce, National Oceanic and Atmospheric
Administration, P.O. Box 21668, 709 W 9th Street, Rm. 420, Juneau, AK
99802, Phone: 907 586-7221.
RIN: 0648-BL28

62. Designation of Critical Habitat for the Arctic Ringed Seal [0648-
BC56]

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........................ 04/01/22 87 FR 19232
Final Action Effective.............. 05/02/22
------------------------------------------------------------------------

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#32595b5f5057405e4b1c56535f5d5c1f40535c56535e5e725c5d53531c555d44">[email&#160;protected]</a>.
RIN: 0648-BC56

63. Designation of Critical Habitat for the Beringia Distinct
Population Segment of the Bearded Seal [0648-BJ65]

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

[[Page 48264]]

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........................ 04/01/22 87 FR 19180
Final Action Effective.............. 05/02/22
------------------------------------------------------------------------

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#274c4e4a4542554b5e0943464a48490a55464943464b4b674948464609404851">[email&#160;protected]</a>.
RIN: 0648-BJ65

64. Monterey Bay National Marine Sanctuary Regulations and Management
Plan [0648-BI01]

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 Rule.......................... 11/15/21 86 FR 62901
Final Rule Effective................ 12/15/21
------------------------------------------------------------------------

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: 240 676-4646.
RIN: 0648-BI01

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Final Rule Stage

65. Changes To Implement Provisions of the Trademark Modernization Act
of 2020 [0651-AD55]

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 or
Office) amends the rules of practice in trademark cases to implement
provisions of the Trademark Modernization Act of 2020. The rule
establishes ex parte expungement and reexamination proceedings for
cancellation of a registration when the required use in commerce of the
registered mark has not been made; provides for a new nonuse ground for
cancellation before the Trademark Trial and Appeal Board; establishes
flexible Office action response periods; and amends the existing
letter-of-protest rule to indicate that letter-of-protest
determinations are final and non-reviewable. The USPTO also sets fees
for petitions requesting institution of ex parte expungement and
reexamination proceedings, and for requests to extend Office action
response deadlines. Amendments are also for the rules concerning the
suspension of USPTO proceedings and the rules governing attorney
recognition in trademark matters. Finally, a new rule is to address
procedures regarding court orders cancelling or affecting
registrations.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/18/21 86 FR 26862
NPRM Comment Period End............. 07/19/21
Final Action........................ 11/17/21 86 FR 64300
Final Action Effective.............. 12/18/21
Final Action........................ 08/00/22
------------------------------------------------------------------------

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#335052475b56415a5d561d50525a5d73464043475c1d545c45">[email&#160;protected]</a>.
RIN: 0651-AD55

[FR Doc. 2022-14600 Filed 8-5-22; 8:45 am]
BILLING CODE 3510-12-P

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