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Proposed Rule2023-14573

Spring 2022 Semiannual Agenda of Regulations

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Published

July 27, 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 fall 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 spring 2023 regulatory agenda includes regulatory activities that are expected to be conducted during the period June 1, 2023, through May 31, 2024.

Full Text

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[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48524-48534]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14573]

[[Page 48523]]

Vol. 88

Thursday,

No. 143

July 27, 2023

Part IV

Department of Commerce

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Semiannual Regulatory Agenda

Federal Register / Vol. 88 , No. 143 / Thursday, July 27, 2023 / UA:
Reg Flex Agenda

[[Page 48524]]

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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 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 spring 2023 regulatory agenda includes regulatory
activities that are expected to be conducted during the period June 1,
2023, through May 31, 2024.

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 spring 2023
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 February 22, 2023, the Office of Management and Budget issued
guidelines and procedures for the preparation and publication of the
spring 2023 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 2023 regulatory agenda follows.

Leslie Kiernan,
General Counsel.

[[Page 48525]]

General Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
25........................ Securing the Information 0605-AA60
and Communications
Technology and Services
Supply Chain: Licensing
Procedures.
26........................ 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.
------------------------------------------------------------------------
27........................ Securing the Information 0605-AA51
and Communications
Technology and Services
Supply Chain.
------------------------------------------------------------------------

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

National Oceanic and Atmospheric Administration--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
29........................ Atlantic Highly Migratory 0648-BM23
Species; Electronic
Reporting Requirements.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
30........................ International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
31........................ Illegal, Unreported, and 0648-BG11
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
32........................ Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
33........................ Rulemaking to Modify the 0648-BM18
2023-2027 Halibut
Individual Fishing Quota
(IFQ) Vessel Harvest
Limitations in IFQ
Regulatory Areas 4A, 4B,
4C, and 4D.
34........................ Amendment 32 to the 0648-BM28
Pacific Coast Groundfish
Fishery Management Plan--
Modifications to Non-
Trawl Area Management
Measures.
35........................ 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.
------------------------------------------------------------------------
36........................ Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
37........................ 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.
38........................ 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.
39........................ 2023-2024 Harvest 0648-BL48
Specifications and
Management Measures for
the Pacific Coast
Groundfish Fishery.
40........................ 2023 Summer Flounder, 0648-BM09
Scup, and Black Sea Bass
Recreational Management
Measures.
41........................ Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
42........................ Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
43........................ Amendments to the North 0648-BI88
Atlantic Right Whale
Vessel Strike Reduction
Rule.
44........................ Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
------------------------------------------------------------------------

[[Page 48526]]

National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
45........................ 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.
46........................ Amendment 14 to the 0648-BK31
Fishery Management Plan
for the Salmon Fisheries
in the EEZ Off Alaska.
47........................ Atlantic Highly Migratory 0648-BM08
Species; Amendment 16 to
the 2006 Consolidated
Atlantic Highly Migratory
Species Fishery
Management Plan.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
48........................ Atlantic Highly Migratory 0648-BI08
Species: Amendment 13 on
Bluefin Tuna Management.
49........................ Amendment 23 to the 0648-BK17
Northeast Multispecies
Fishery Management Plan.
50........................ 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.
51........................ Framework Adjustment 36 to 0648-BL99
the Atlantic Sea Scallop
Fishery Management Plan.
------------------------------------------------------------------------

Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
52........................ Setting and Adjusting 0651-AD64
Patent Fees.
53........................ Setting and Adjusting 0651-AD65
Trademark Fees.
------------------------------------------------------------------------

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Proposed Rule Stage

25. 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#d0bab2b1a2a4b5bca390b4bfb3feb7bfa6">[email&#160;protected]</a>.
RIN: 0605-AA60

26. 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#c0aaa2a1b2b4a5acb380a4afa3eea7afb6">[email&#160;protected]</a>.
RIN: 0605-AA61

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Final Rule Stage

27. 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 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:

[[Page 48527]]

Final Action........................ 09/00/23 .......................
------------------------------------------------------------------------

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#553f3734272130392615313a367b323a23">[email&#160;protected]</a>.
RIN: 0605-AA51

DEPARTMENT OF COMMERCE (DOC)

International Trade Administration (ITA)

Final Rule Stage

28. 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:

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#503e393b3b397e3b313c32393e371024223134357e373f26">[email&#160;protected]</a>.
RIN: 0625-AB21

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Prerule Stage

National Marine Fisheries Service

29. <bullet> Atlantic Highly Migratory Species; Electronic Reporting
Requirements [0648-BM23]

Legal Authority: 16 U.S.C. 1801 et seq. 16 U.S.C. 971 et seq.
Abstract: Atlantic highly migratory species (HMS) are managed under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act, 16 U.S.C. 1801 et seq., and the Atlantic Tunas
Convention Act (ATCA), id. 971 et seq., the implementing statute for
binding recommendations of the International Commission for the
Conservation of Atlantic Tunas. This ANPR would consider options to:
(1) streamline logbook reporting by converting existing commercial
paper logbooks to electronic logbooks; (2) expand logbook reporting to
recreational and commercial permit holders via electronic logbooks, to
be consistent with Agency efforts in other fisheries and to augment
data collected for fishery management; (3) collect additional
information through existing electronic reporting mechanisms for
dealers and recreational permit holders to augment data collected for
fishery management; and (4) facilitate HMS reporting including
considering ways to incentivize reporting compliance (or penalize
noncompliance) and offering an electronic reporting platform for HMS
Exempted Fishing Permit Program permit holders. This action is being
taken pursuant to the rulemaking authority under section 304(c) of the
Magnuson-Stevens Fishery Conservation and Management Act. 16 U.S.C.
1854(c).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 06/00/23 .......................
------------------------------------------------------------------------

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#a9c2ccc5c5d087cdccc7c0dde9c7c6c8c887cec6df">[email&#160;protected]</a>.
RIN: 0648-BM23

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

30. 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................................ 09/00/23 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sarah Malloy, Acting 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#6e1d0f1c0f0640030f020201172e00010f0f40090118">[email&#160;protected]</a>.
RIN: 0648-BG04

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

Legal Authority: Pub. L. 114-81

[[Page 48528]]

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:

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#e58489809d84cb868a8980a58b8a8484cb828a93">[email&#160;protected]</a>.
RIN: 0648-BG11

32. 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:

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#b3d8d6dfdfca9dd7d6dddac7f3dddcd2d29dd4dcc5">[email&#160;protected]</a>.
RIN: 0648-BI10

33. <bullet> Rulemaking To Modify the 2023-2027 Halibut Individual
Fishing Quota (IFQ) Vessel Harvest Limitations in IFQ Regulatory Areas
4A, 4B, 4C, and 4D [0648-BM18]

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, 16 U.S.C. 773 et seq. On February 10, 2023, the North
Pacific Fishery Management Council (Council) recommended to temporarily
remove IFQ halibut vessel caps for the 2023-2027 fishing years 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 is needed to provide continued flexibility and
consistency in the Pacific halibut fishery. This action would implement
the temporary management measure that has been recommended by the
Council and implemented by NMFS annually since 2020 for a 5-year
period. This action would revise 50 CFR 679.42(h)(1) to remove vessels
caps in those four areas for the 2023-2027 fishing year. This temporary
action would provide consistency for fishery participants over the next
five years, while the Council develops a long-term solution to modify
vessel use caps in Area 4. Halibut IFQ holders with quota share in
those four areas would be affected by this action, as well as Community
Quota Entities in area 4B. This action would not modify any other
aspects of the IFQ Program. Section 773c(c) of the Northern Pacific
Halibut Act is the rulemaking authority.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/23 .......................
------------------------------------------------------------------------

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#2c4643420247595e404d42486c42434d4d024b435a">[email&#160;protected]</a>.
RIN: 0648-BM18

34. <bullet> Amendment 32 to the Pacific Coast Groundfish Fishery
Management Plan--Modifications to Non-Trawl Area Management Measures
[0648-BM28]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 773 et seq.; 16
U.S.C. 7001 et seq.

[[Page 48529]]

Abstract: With the rebuilt status of several groundfish stocks, the
Pacific Fishery Management Council (Council) has for several years been
prioritizing increased access to the Non-Trawl Rockfish Conservation
Area (RCA) and Cowcod Conservation Area (CCA), which are groundfish
closed areas initially enacted to protect overfished rockfish species.
This action was included on the Council's list of priority actions
under E.O. 13921. Currently, all but one species of rockfish has been
declared rebuilt, and the remaining species (yelloweye rockfish) is
projected to rebuild ahead of schedule. In accordance with a
recommendation from the Council at their March 2023 meeting, and under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act and the Northern Pacific Halibut Act of 1982, the
National Marine Fisheries Service (NMFS) West Coast Region proposes to
implement a suite of changes to non-trawl area management measures
seaward of California and Oregon. Specifically, NMFS proposes to: (1)
allow increased fishing access to the Non-Trawl RCA for the commercial
groundfish limited entry fixed gear sector and vessels that gear switch
under the Trawl Individual Fishing Quota program; (2) modify gear
restrictions in the Non-Trawl RCA for all non-trawl commercial
groundfish sectors; (3) open a portion of the Non-Trawl RCA for all
non-trawl commercial groundfish sectors and the directed halibut
fishery; (3) open the CCA seaward of California for all groundfish
commercial and recreational non-trawl sectors, and (4) enable the use
of Block Area Closures to mitigate groundfish catch for all non-trawl
sectors. The purpose of this action to provide fishing access to
healthy groundfish stocks for non-trawl groundfish fisheries and the
directed halibut fishery while still meeting the conservation
objectives of the Pacific Coast Groundfish Fishery Management Plan.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/23 .......................
------------------------------------------------------------------------

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#6a1909051e1e44181f07190f132a04050b0b440d051c">[email&#160;protected]</a>.
RIN: 0648-BM28

35. 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). This proposed rule would 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 will coordinate
the Departments of the Navy, Air Force, and Army as well as the U.S.
Coast Guard to assess any 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#62090b0f0007100e1b4c06030f0d0c4f10030c06030e0e220c0d03034c050d14">[email&#160;protected]</a>.
RIN: 0648-BJ52

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

36. 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 to implement the Seafood
Import Monitoring Program, but compliance with Seafood Import
Monitoring Program requirements for those species was stayed
indefinitely due to the disparity between Federal reporting programs
for domestic aquaculture of shrimp and abalone products relative to the
requirements that would apply to imports under Seafood Import
Monitoring Program. In section 539 of the Consolidated Appropriations
Act, 2018, Congress mandated lifting the stay on inclusion of shrimp
and abalone in Seafood Import Monitoring Program and authorized the
Secretary of Commerce to require comparable reporting and recordkeeping
requirements for domestic aquaculture of shrimp and abalone. This
rulemaking would establish permitting, reporting and recordkeeping
requirements for domestic producers of shrimp and abalone from the
point of production to entry into commerce.
Timetable:

[[Page 48530]]

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#bddcd1d8c5dc93ded2d1d8fdd3d2dcdc93dad2cb">[email&#160;protected]</a>.
RIN: 0648-BH87

37. 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:

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#650f0a0b4b0e101709040b01250b0a04044b020a13">[email&#160;protected]</a>.
RIN: 0648-BL08

38. 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:

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#076d6869296c72756b666963476968666629606871">[email&#160;protected]</a>.
RIN: 0648-BL42

39. 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 2023-24 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:

[[Page 48531]]

Final Action........................ 12/16/22 87 FR 77007
Final Action Effective.............. 01/01/23 .......................
Final Rule Correcting Amendment..... 03/01/23 88 FR 12865
Final Rule Correcting Amendment 03/01/23 .......................
Effective.
Final Rule Second Correcting 06/00/23 .......................
Amendment.
------------------------------------------------------------------------

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#493a2a263d3d673b3c243a2c300927262828672e263f">[email&#160;protected]</a>.
RIN: 0648-BL48

40. <bullet> 2023 Summer Flounder, Scup, and Black Sea Bass
Recreational Management Measures [0648-BM09]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to the joint recommendation from the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine
Fisheries Commission this rule would propose management measures such
as recreational possession limits, minimum fish sizes, and seasonal
closures to achieve the 2023 recreational harvest targets for summer
flounder, scup, and black sea bass. For summer flounder, and black sea
bass the Regional Administrator must implement coastwide measures or
approve conservation equivalent measures per 50 CFR 648.102(d) as soon
as possible following the Council and Commission's recommendation. This
action proposes establishing conservation equivalency (i.e., waiving
Federal measures in lieu of appropriate state water measures) for the
recreational summer flounder and black sea bass fisheries in 2023 and
proposes non-preferred coastwide measures to be effective in Federal
waters if, ultimately, we are unable to approve conservation
equivalency. This action also proposes minor changes recreational
management measures for the Federal scup fishery.
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#f994909a91989c95d7899c978d969780b997969898d79e968f">[email&#160;protected]</a>.
RIN: 0648-BM09

41. 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:

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#d3b8babeb1b6a1bfaafdb7b2bebcbdfea1b2bdb7b2bfbf93bdbcb2b2fdb4bca5">[email&#160;protected]</a>.
RIN: 0648-BF90

42. 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, U.S. Virgin Islands, Navassa Island, and Flower
Garden Banks containing essential features that support all stages of
life history of the corals. The proposed rule is not likely to have an
annual effect on the economy of $100 million or more or adversely
affect the economy. NMFS has contacted the Departments of the Navy, Air
Force, and Army as well as the U.S. Coast Guard requesting information
related to potential national security impacts that may result from the
critical habitat designation. Based on information provided, we
concluded that there will be an impact on national security in only 1
area offshore Dania Beach, FL, and will propose to exclude it from the
designations.
Timetable:

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#1c7775717e796e706532787d717372316e7d72787d70705c72737d7d327b736a">[email&#160;protected]</a>.
RIN: 0648-BG26

43. 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 published a proposed rule to amend the North
Atlantic Right Whale Vessel Strike Reduction Rule (per 50 CFR 224.105;
87 FR 46921, August 1,

[[Page 48532]]

2022). NMFS proposed this action to further reduce the likelihood of
mortalities and serious injuries to endangered right whales from vessel
collisions, which are a leading cause of the species' decline and a
primary factor in an ongoing Unusual Mortality Event. The proposed rule
would (1) modify the spatial and temporal boundaries of current speed
restriction areas, currently referred to as Seasonal Management Areas
(SMAs), (2) include most vessels greater than or equal to 35 ft (10.7
m) and less than 65 ft (19.8 m) in length in the vessel size class
subject to speed restriction, (3) create a Dynamic Speed Zone framework
to implement mandatory speed restrictions when whales are known to be
present outside active SMAs, and (4) update the speed rule's safety
deviation provision. The proposed amendments to current speed
regulations reduce vessel strike risk based on a coast wide collision
mortality risk assessment and updated information on right whale
distribution, vessel traffic patterns, and vessel strike mortality and
serious injury events. NMFS solicited public comment on the proposed
action and received over 90,000 public comments. The agency plans to
take final action on the proposed rule in 2023.
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#ef8486828d8a9d8396c18b8e828081c29d8e818b8e8383af81808e8ec1888099">[email&#160;protected]</a>.
RIN: 0648-BI88

44. 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#117a787c7374637d683f75707c7e7f3c63707f75707d7d517f7e70703f767e67">[email&#160;protected]</a>.
RIN: 0648-BK04

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

45. 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 propose to 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 would 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............ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Rumsey, Phone: 503 872-2791, Email:
<a href="/cdn-cgi/l/email-protection#e79484889393c995928a94829ea789888686c9808891">[email&#160;protected]</a>.
RIN: 0648-BH70

46. 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 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:

[[Page 48533]]

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#cfa5a0a1e1a4babda3aea1ab8fa1a0aeaee1a8a0b9">[email&#160;protected]</a>.
RIN: 0648-BK31

47. <bullet> Atlantic Highly Migratory Species; Amendment 16 to the
2006 Consolidated Atlantic Highly Migratory Species Fishery Management
Plan [0648-BM08]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: NMFS is developing a proposed rule for Amendment 16 to
the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery
Management Plan (FMP) pursuant to Magnuson-Stevens Fishery Conservation
and Management Act (MSA) sections 304(c) and (g). The draft Amendment
will include a draft environmental impact statement and other required
analyses. Based on the mechanism used in establishing shark quotas and
related management measures from Amendment 14 to the 2006 Consolidated
HMS FMP, Amendment 16 would modify the acceptable biological catch
(ABC) and annual catch limits (ACLs) for Atlantic sharks and the
process used to account for carryover of underharvests of quotas. In
this action, NMFS would also look at all commercial and recreational
management measures related to the Atlantic shark fishery and make
appropriate revisions. Amendment 16 would affect the bottom longline,
gillnet, and pelagic longline fisheries, which fish for sharks
throughout the entire range of the fishery (Atlantic Ocean, Gulf of
Mexico, and Caribbean Sea).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/24 .......................
------------------------------------------------------------------------

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#761d131a1a0f581213181f02361819171758111900">[email&#160;protected]</a>.
RIN: 0648-BM08

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

48. 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#99f2fcf5f5e0b7fdfcf7f0edd9f7f6f8f8b7fef6ef">[email&#160;protected]</a>.
RIN: 0648-BI08

49. 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#b4d9ddd7dcd5d1d89ac4d1dac0dbdacdf4dadbd5d59ad3dbc2">[email&#160;protected]</a>.
RIN: 0648-BK17

50. 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]

[[Page 48534]]

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 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#ee848180c0859b9c828f808aae80818f8fc0898198">[email&#160;protected]</a>.
RIN: 0648-BL50

51. <bullet> Framework Adjustment 36 to the Atlantic Sea Scallop
Fishery Management Plan [0648-BL99]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: At its December 2022 meeting the New England Fishery
Management Council voted to submit Framework 36 to NOAA's National
Marine Fisheries Service (NMFS). Through this rulemaking, NMFS approves
and implements the measures included in Framework Adjustment 36 to the
Atlantic Sea Scallop Fishery Management Plan as adopted and submitted
by the New England Fishery Management Council. Framework 36 establishes
scallop specifications and other measures for fishing years 2023 and
2024. Framework 36 implements measures to protect small scallops to
support rotational access area trips to the fleet in future years. To
promote uniformity in the fishery, this final rule also corrects and
clarifies regulatory text that is unnecessary, outdated, or unclear.
This action is necessary to prevent overfishing and improve both yield-
per-recruit and the overall management of the Atlantic sea scallop
resource.
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#2f42464c474e4a43015f4a415b4041566f41404e4e01484059">[email&#160;protected]</a>.
RIN: 0648-BL99

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Proposed Rule Stage

52. 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:

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#107262757e74717e3e787f65627977717e50656360647f3e777f66">[email&#160;protected]</a>.
RIN: 0651-AD64

53. Setting and Adjusting Trademark Fees [0651-AD65]

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

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#0765756269636669296f6872756e60666947727477736829606871">[email&#160;protected]</a>.
RIN: 0651-AD65

[FR Doc. 2023-14573 Filed 7-26-23; 8:45 am]
BILLING CODE 3410-12-P

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