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Proposed Rule2023-02455

Fall 2021 Semiannual Agenda of Regulations

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Published

February 22, 2023

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

Full Text

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<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 11202-11212]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02455]

[[Page 11201]]

Vol. 88

Wednesday,

No. 35

February 22, 2023

Part IV

Department of Commerce

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Semiannual Regulatory Agenda

Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda

[[Page 11202]]

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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 2022 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 2022 regulatory agenda includes regulatory
activities that are expected to be conducted during the period November
1, 2022, through October 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 Candida Harty, 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-
3410.

SUPPLEMENTARY INFORMATION: Commerce hereby publishes its fall 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 September 2, 2022, the Office of Management and Budget issued
guidelines and procedures for the preparation and publication of the
fall 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 fall 2022 regulatory agenda follows.

Leslie Kiernan,
General Counsel.

[[Page 11203]]

General Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
252....................... Securing the Information 0605-AA60
and Communications
Technology and Services
Supply Chain: Licensing
Procedures.
253....................... Taking Additional Steps to 0605-AA61
Address the National
Emergency With Respect to
Significant Malicious
Cyber-Enabled Activities.
------------------------------------------------------------------------

General Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
254....................... Securing the Information 0605-AA51
and Communications
Technology and Services
Supply Chain.
------------------------------------------------------------------------

International Trade Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
255....................... Procedures Covering 0625-AB21
Suspension of
Liquidation, Duties and
Estimated Duties in
Accord with Presidential
Proclamation 10414.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
256....................... International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
257....................... Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
258....................... 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.
259....................... 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.
260....................... Revisions to Federal 0648-BL50
Regulations to Economic
Data Reporting
Requirements for
Groundfish and Crab
Fisheries off Alaska and
Amendment 52 to the
Fishery Management Plan
for BSAI King and Tanner
Crabs.
261....................... 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.
------------------------------------------------------------------------
262....................... Illegal, Unreported, and 0648-BG11
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act (Reg Plan
Seq No. 17).
263....................... 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.
264....................... Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
265....................... Atlantic Highly Migratory 0648-BI08
Species: Amendment 13 on
Bluefin Tuna Management.
266....................... Amendment 23 to the 0648-BK17
Northeast Multispecies
Fishery Management Plan.
267....................... 2023-2024 Harvest 0648-BL48
Specifications and
Management Measures for
the Pacific Coast
Groundfish Fishery.
268....................... Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
269....................... Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
270....................... Amendments to the North 0648-BI88
Atlantic Right Whale
Vessel Strike Reduction
Rule (Reg Plan Seq No.
18).
271....................... Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
272....................... Amendment 14 to the 0648-BK31
Fishery Management Plan
for the Salmon Fisheries
in the EEZ Off Alaska.
------------------------------------------------------------------------

[[Page 11204]]

National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
273....................... 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.
274....................... 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.
275....................... Establish National 0648-BJ33
Insurance Requirements
for Observer Providers.
276....................... 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.
277....................... Framework Adjustment 63 to 0648-BL12
the Northeast
Multispecies Fishery
Management Plan.
278....................... Atlantic Highly Migratory 0648-BL17
Species; Rule to Modify
the Retention Limit of
Shortfin Mako Sharks.
279....................... 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.
------------------------------------------------------------------------

Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
280....................... Setting and Adjusting 0651-AD65
Trademark Fees (Reg Plan
Seq No. 19).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.

Patent and Trademark Office--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
281....................... Setting and Adjusting 0651-AD64
Patent Fees.
------------------------------------------------------------------------

Patent and Trademark Office--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
282....................... Changes To Implement 0651-AD55
Provisions of the
Trademark Modernization
Act of 2020.
------------------------------------------------------------------------

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Proposed Rule Stage

252. 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:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joseph Bartels, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202-482-1595,
Email: <a href="/cdn-cgi/l/email-protection#19737b786b6d7c756a597d767a377e766f">[email&#160;protected]</a>.
RIN: 0605-AA60

253. Taking Additional Steps To Address the National Emergency With
Respect to Significant Malicious Cyber-Enabled Activities [0605-AA61]

Legal Authority: Not Yet Determined
Abstract: Executive Order 13984 of January 19, 2021, entitled
Taking Additional Steps to Address the National Emergency with Respect
to Significant Malicious Cyber-Enabled Activities (E.O. 13984), has
directed the Secretary of Commerce (Secretary) to implement regulations
that would govern the process and procedures that the Secretary will
use to deter foreign malicious cyber actors' use of United States
Infrastructure as a Service (IaaS) products and assist in the
investigation of transactions involving foreign malicious cyber actors.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joseph Bartels, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202-482-1595,
Email: <a href="/cdn-cgi/l/email-protection#a4cec6c5d6d0c1c8d7e4c0cbc78ac3cbd2">[email&#160;protected]</a>.
RIN: 0605-AA61

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Final Rule Stage

254. Securing the Information and Communications Technology and
Services Supply Chain [0605-AA51]

Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301
Abstract: Pursuant to Executive Order 13873 of May 15, 2019,
Securing the Information and Communications

[[Page 11205]]

Technology and Services Supply Chain,'' (Executive Order) the
Department of Commerce (the Department) is implementing the process and
procedures that the Secretary of Commerce (Secretary) will use to
identify, assess, and address transactions that pose an undue risk to
the security, integrity, and reliability of information and
communications technology and services provided and used in the United
States.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/19 84 FR 65316
NPRM Comment Period End............. 12/27/19 .......................
Interim Final Rule.................. 01/19/21 86 FR 4909
Interim Final Rule Comment Period 03/22/21 .......................
End.
Interim Final Rule Effective Date... 03/22/21 .......................
Final Action........................ 04/00/23 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joseph Bartels, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202-482-1595,
Email: <a href="/cdn-cgi/l/email-protection#d1bbb3b0a3a5b4bda291b5beb2ffb6bea7">[email&#160;protected]</a>.
RIN: 0605-AA51

DEPARTMENT OF COMMERCE (DOC)

International Trade Administration (ITA)

Final Rule Stage

255. <bullet> Procedures Covering Suspension of Liquidation, Duties and
Estimated Duties in Accord With Presidential Proclamation 10414 [0625-
AB21]

Legal Authority: Proc 10414, 87 FR 35067; 19 U.S.C. 1318
Abstract: In accordance with Presidential Proclamation 10414 and
pursuant to its authority under Section 318(a) of the Tariff Act of
1930, as amended (the Act), the Department of Commerce (Commerce) is
issuing this final rule to implement Proclamation 10414. Specifically,
Commerce is issuing a new rule that, in the event of an affirmative
preliminary or final determination in the antidumping and
countervailing duty (AD/CVD) circumvention inquiries described below,
under Title VII of the Act, extends the time for, and waives, the
suspension of liquidation, the application of certain AD/CVD duties,
and the collection of cash deposits on applicable entries of certain
crystalline silicon photovoltaic cells, whether or not assembled into
modules, that are completed in the Kingdom of Cambodia (Cambodia),
Malaysia, the Kingdom of Thailand (Thailand), and the Socialist
Republic of Vietnam (Vietnam) using parts and components manufactured
in the People's Republic of China (China), and that are not already
subject to an antidumping or countervailing duty order.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/01/22 87 FR 39426
NPRM Comment Period End............. 08/01/22 .......................
Final Action........................ 09/16/22 87 FR 56868
Final Action Effective.............. 11/15/22 .......................
Next Action Undetermined............ 12/00/22 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nikki Kalbing, Department of Commerce,
International Trade Administration, Washington, DC 20230, Phone: 202-
717-3147, Email: <a href="/cdn-cgi/l/email-protection#a1cfc8cacac88fcac0cdc3c8cfc6e1d5d3c0c5c48fc6ced7">[email&#160;protected]</a>.
RIN: 0625-AB21

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

256. 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................................ 12/00/22 .......................
------------------------------------------------------------------------

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#315c58525950545d1f455e425045455e715f5e50501f565e47">[email&#160;protected]</a>.
RIN: 0648-BG04

257. 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 11206]]

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#48232d242431662c2d26213c0826272929662f273e">[email&#160;protected]</a>.
RIN: 0648-BI10

258. 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................................ 12/00/22
------------------------------------------------------------------------

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#cfa5a0a1e1a4babda3aea1ab8fa1a0aeaee1a8a0b9">[email&#160;protected]</a>.
RIN: 0648-BL08

259. 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 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................................ 12/00/22
------------------------------------------------------------------------

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#9ef4f1f0b0f5ebecf2fff0fadef0f1ffffb0f9f1e8">[email&#160;protected]</a>.
RIN: 0648-BL42

260. <bullet> Revisions to Federal Regulations to Economic Data
Reporting Requirements for Groundfish and Crab Fisheries Off Alaska and
Amendment 52 to the Fishery Management Plan for BSAI King and Tanner
Crabs [0648-BL50]

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 52 to the Fishery Management Plan (FMP) for the
Commercial King and Tanner Crab Fisheries of the Bering Sea and
Aleutian Islands Management Area (BSAI) and revise Federal regulations
to economic data reporting (EDR) requirements for groundfish and crab
fisheries off Alaska. If approved by the Secretary of Commerce and
implemented by NMFS, this action would remove third party data
verification audits and blind formatting requirements for the BSAI crab
fisheries EDR, the Bering Sea American Fisheries Act (AFA) pollock
fishery Chinook Salmon EDR, and the BSAI Amendment 80 fisheries EDR.
This action would also eliminate the EDR requirements for the Gulf of
Alaska (GOA) trawl fisheries. The EDRs provide information for program
evaluation and analysis of proposed conservation and management
measures. The third party data verification audits and blind formatting
provisions require a higher standard of confidentiality for proprietary
business information than apply to all other confidential fisheries
information. These provisions have proven to reduce the usability of
the data for analysis and to increase the cost of the data collection
programs without providing additional practical protections. The GOA
Trawl EDR program, implemented in 2015, was designed to collect
baseline information to assess the impacts of a future catch share
program. However, no catch share program for the GOA trawl fleet has
been implemented to date. The Council initiated this action to improve
the usability, efficiency, and consistency of

[[Page 11207]]

the data collection programs and minimize cost to industry and the
Federal government while still maintaining the integrity and
confidentiality of the data collection program. Owners and operators of
harvesters and processors in the BSAI crab fisheries, the AFA pollock
fishery, the Amendment 80 fisheries, and the GOA trawl fisheries would
be affected by this action. Section 304(b)(1)(A) of the Magnuson-
Stevens Fishery Conservation and Management Act is the rulemaking
authority.
Timetable:

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-BL50

261. 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......................... 06/00/23
------------------------------------------------------------------------

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#543f3d39363126382d7a3035393b3a7926353a30353838143a3b35357a333b22">[email&#160;protected]</a>.
RIN: 0648-BJ52

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

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

Regulatory Plan: This entry is Seq. No. 17 in part II of this issue
of the Federal Register.
RIN: 0648-BG11

263. 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........................ 10/03/22 87 FR 59705
Final Action Effective.............. 11/02/22
Next Action Undetermined............ 12/00/22
------------------------------------------------------------------------

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#fa8999958e8ed4888f97899f83ba94959b9bd49d958c">[email&#160;protected]</a>.
RIN: 0648-BH70

264. 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
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

[[Page 11208]]

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#5b3a373e233a753834373e1b35343a3a753c342d">[email&#160;protected]</a>.
RIN: 0648-BH87

265. 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........................ 10/03/22 87 FR 59966
Final Action Effective.............. 01/01/23
------------------------------------------------------------------------

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#b8d3ddd4d4c196dcddd6d1ccf8d6d7d9d996dfd7ce">[email&#160;protected]</a>.
RIN: 0648-BI08

266. 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:

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#ef82868c878e8a83c19f8a819b808196af81808e8ec1888099">[email&#160;protected]</a>.
RIN: 0648-BK17

267. <bullet> 2023-2024 Harvest Specifications and Management Measures
for the Pacific Coast Groundfish Fishery [0648-BL48]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific Fishery Management Council
makes recommendations to set biennial allowable harvest levels for
Pacific Coast groundfish, and recommends management measures for
commercial, recreational, and tribal fisheries that are designed to
achieve those harvest levels consistent with the Pacific Coast
Groundfish Fishery Management Plan. For the 202324 biennium, the
Pacific Fishery Management Council has recommended: Harvest
specifications, including overfishing limits, acceptable biological
catches, and annual catch limits; and Management measures to achieve
those specifications. The specifications and management measures that
would be forwarded by this action would be in effect from January 1,
2023, through December 31, 2024. The National Marine Fisheries Service
(NMFS) would implement this rulemaking under the authority of the
Magnuson Stevens Fishery Conservation and Management Act.
Timetable:

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#3142525e45451f43445c425448715f5e50501f565e47">[email&#160;protected]</a>.
RIN: 0648-BL48

268. 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-

[[Page 11209]]

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:

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#117a787c7374637d683f75707c7e7f3c63707f75707d7d517f7e70703f767e67">[email&#160;protected]</a>.
RIN: 0648-BF90

269. 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:

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#e2898b8f8087908e9bcc86838f8d8ccf90838c86838e8ea28c8d8383cc858d94">[email&#160;protected]</a>.
RIN: 0648-BG26

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

Regulatory Plan: This entry is Seq. No. 18 in part II of this issue
of the Federal Register.
RIN: 0648-BI88

271. 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:

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#ddb6b4b0bfb8afb1a4f3b9bcb0b2b3f0afbcb3b9bcb1b19db3b2bcbcf3bab2ab">[email&#160;protected]</a>.
RIN: 0648-BK04

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

272. 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 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

[[Page 11210]]

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

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Phone: 907 586-7638, Email:
<a href="/cdn-cgi/l/email-protection#0a60656424617f78666b646e4a64656b6b246d657c">[email&#160;protected]</a>.
RIN: 0648-BK31

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

273. 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, 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:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 06/26/20 85 FR 38350
Comment Period End.................. 08/25/20
NPRM................................ 05/19/22 87 FR 30730
NPRM Comment Period End............. 06/21/22
Final Action........................ 09/13/22 87 FR 56204
Final Action Effective.............. 10/13/22
------------------------------------------------------------------------

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#2c4d424855025f585e49404f44494f476c42434d4d024b435a">[email&#160;protected]</a>.
RIN: 0648-BD32

274. 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 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:

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#5b363238333a3e37752f34283a2f2f341b35343a3a753c342d">[email&#160;protected]</a>.
RIN: 0648-BF41

275. 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:

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

[[Page 11211]]

Highway, Silver Spring, MD 20910, Phone: 301 427-8100, Email:
<a href="/cdn-cgi/l/email-protection#ec899a8d82c284839b898080ac82838d8dc28b839a">[email&#160;protected]</a>.
RIN: 0648-BJ33

276. 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:

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#7d0e1e120909530f08100e18043d13121c1c531a120b">[email&#160;protected]</a>.
RIN: 0648-BK84

277. 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:

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#117c78727970747d3f61747f657e7f68517f7e70703f767e67">[email&#160;protected]</a>.
RIN: 0648-BL12

278. 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:

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#b7dcd2dbdbce99d3d2d9dec3f7d9d8d6d699d0d8c1">[email&#160;protected]</a>.
RIN: 0648-BL17

279. 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

[[Page 11212]]

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
Final Action Correction............. 03/03/22 87 FR 11978
Final Action Correction Effective... 03/03/22
------------------------------------------------------------------------

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#8ee5e7e3ecebfce2f7a0eaefe3e1e0a3fcefe0eaefe2e2cee0e1efefa0e9e1f8">[email&#160;protected]</a>.
RIN: 0648-BJ09

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Proposed Rule Stage

280. <bullet> Setting and Adjusting Trademark Fees [0651-AD65]

Regulatory Plan: This entry is Seq. No. 19 in part II of this issue
of the Federal Register.
RIN: 0651-AD65

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Long-Term Actions

281. <bullet> Setting and Adjusting Patent Fees [0651-AD64]

Legal Authority: Pub. L. 112-29
Abstract: The United States Patent and Trademark Office (USPTO or
Office) takes this action to set and adjust Patent fee amounts to
provide the Office with a sufficient amount of aggregate revenue to
recover its aggregate cost of operations while helping the Office
maintain a sustainable funding model, decrease patent pendency, and
improve the reliability of issued patents.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24 .......................
NPRM Comment Period End............. 04/00/24 .......................
Final Action........................ 10/00/24 .......................
Final Action Effective.............. 12/00/24 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brendan Hourigan, Director, Office of Planning and
Budget, Department of Commerce, Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: <a href="/cdn-cgi/l/email-protection#fd9f8f9893999c93d39592888f949a9c93bd888e8d8992d39a928b">[email&#160;protected]</a>.
RIN: 0651-AD64

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Completed Actions

282. 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 .......................
Correction; Delay of Effective Date. 10/13/22 87 FR 62032
Correction; Delay of Effective Date 10/07/23 .......................
Effective.
------------------------------------------------------------------------

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#a6c5c7d2cec3d4cfc8c388c5c7cfc8e6d3d5d6d2c988c1c9d0">[email&#160;protected]</a>.
RIN: 0651-AD55

[FR Doc. 2023-02455 Filed 2-21-23; 8:45 am]
BILLING CODE 3410-12-P

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