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Proposed Rule2024-16446

Spring 2024 Semiannual Agenda of Regulations

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Published

August 16, 2024

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 publication of the Fall 2023 Unified 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 Commerce's regulatory process. Commerce's Spring 2024 Unified Agenda includes regulatory activities that are expected to be conducted during the period July 1, 2024, through June 31, 2024.

Full Text

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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66780-66794]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16446]

[[Page 66779]]

Vol. 89

Friday,

No. 159

August 16, 2024

Part IV

Department of Commerce

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Semiannual Regulatory Agenda

Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA:
Reg Flex Agenda

[[Page 66780]]

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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 2024 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 publication of the Fall 2023 Unified 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 Commerce's
regulatory process.
Commerce's Spring 2024 Unified Agenda includes regulatory
activities that are expected to be conducted during the period July 1,
2024, through June 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 2024
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 20, 2024, the Office of Management and Budget issued
guidelines and procedures for the preparation and publication of the
Spring 2024 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.
A list of Commerce's most important significant regulatory and
deregulatory actions and a Statement of Regulatory Priorities are
included only in the fall editions of the Unified Agendas and, thus, do
not appear in the Spring 2024 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. In addition to regulations promulgated by NOAA, BIS, and
PTO, this issue also includes regulations to be promulgated by, or that
have been published and completed since the Fall 2023 Unified Agenda
by, the International Trade Administration (ITA), the U.S. Census
Bureau (CENSUS), the National Institute of Standards and Technology
(NIST), the National Telecommunications and Information Administration
(NTIA), the U.S. Economic Development Administration (EDA), and the
Office of the Secretary (OS).
Commerce's Spring 2024 Unified Agenda follows.

Leslie Kiernan,
General Counsel.

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

General Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
19........................ Securing the Information 0605-AA60
and Communications
Technology and Services
Supply Chain: Licensing
Procedures.
------------------------------------------------------------------------

[[Page 66781]]

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

Bureau of Industry and Security--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
21........................ Taking Additional Steps to 0694-AJ35
Address the National
Emergency With Respect to
Significant Malicious
Cyber-Enabled Activities.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
22........................ Illegal, Unreported, and 0648-BG11
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
23........................ Amendment 125 to the 0648-BM64
Bering Sea and Aleutian
Islands Fishery
Management Plan; Pacific
Cod Small Boat Access.
24........................ Authorizing Hook-and-line 0648-BM77
Catcher/Processors to use
Longline Pot Gear in the
Bering Sea Greenland
Turbot Fishery.
25........................ Atlantic Coastal Fisheries 0648-BM38
Cooperative Management
Act Provisions; American
Lobster Fishery Vessel
Tracking for the Federal
American Lobster Fishery.
26........................ Atlantic Highly Migratory 0648-BM08
Species; Amendment 16 to
the 2006 Consolidated
Atlantic Highly Migratory
Species Fishery
Management Plan.
27........................ Atlantic Highly Migratory 0648-BM23
Species; Electronic
Reporting Requirements.
28........................ Atlantic Highly Migratory 0648-BM88
Species; Revisions to
Commercial Atlantic
Blacknose and
Recreational Atlantic
Shark Fisheries.
29........................ International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
30........................ Magnuson-Stevens Act 0648-BM85
Provisions; Fisheries Off
West Coast States;
Pacific Coast Groundfish
Fishery; 2024 Harvest
Specifications for
Pacific Whiting, and 2024
Pacific Whiting Tribal
Allocation.
31........................ 2025-2026 Harvest 0648-BN08
Specifications and
Management Measures for
the Pacific Coast
Groundfish Fishery.
32........................ Notice of Proposed 0648-BM52
Rulemaking for the
Designation Pacific
Remote Islands National
Marine Sanctuary.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
33........................ Amendments to the North 0648-BI88
Atlantic Right Whale
Vessel Strike Reduction
Rule.
34........................ Designation of Critical 0648-BJ52
Habitat for Threatened
Indo-Pacific Reef-
Building Corals.
35........................ Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
36........................ Designation of Marine 0648-BL82
Critical Habitat for Six
Distinct Population
Segments of Green Sea
Turtles Under the
Endangered Species Act.
37........................ Designation of Critical 0648-BL86
Habitat for Rice's Whale
Under the Endangered
Species Act.
38........................ Framework Adjustment 66 to 0648-BM71
the Northeast
Multispecies Fishery
Management Plan.
39........................ Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
40........................ International Fisheries; 0648-BL25
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Fishing Effort Limits in
Purse Seine Fisheries.
------------------------------------------------------------------------

National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
41........................ Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
42........................ Seafood Import Permitting 0648-BK85
and Reporting Procedures.
------------------------------------------------------------------------

[[Page 66782]]

National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
43........................ Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
44........................ Designation of Critical 0648-BL53
Habitat for Nassau
Grouper Under the
Endangered Species Act.
45........................ Atlantic Large Whale Take 0648-BM31
Reduction Plan
Modifications to Reduce
Serious Injury and
Mortality of Large Whales
in Commercial Trap/Pot
Fisheries Along the U.S.
East Coast.
46........................ 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.
47........................ 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.
48........................ Amendment 16 to the 0648-BM42
Fishery Management Plan
for the Salmon Fisheries
in the EEZ Off Alaska;
Cook Inlet.
49........................ Framework Adjustment 65 to 0648-BL95
the Northeast
Multispecies Fishery
Management Plan.
50........................ Framework Adjustment 38 to 0648-BM78
the Atlantic Sea Scallop
Fishery Management Plan.
51........................ Atlantic Highly Migratory 0648-BK54
Species; Prohibiting
Retention of Oceanic
Whitetip Sharks in U.S.
Atlantic Waters and
Hammerhead Sharks in the
Caribbean Sea.
52........................ Atlantic Highly Migratory 0648-BM66
Species; Atlantic Bluefin
Tuna General Category
Restricted-Fishing Days;
Atlantic Bluefin Tuna
Regulatory Clarifications.
53........................ Amendment 51 to the 0648-BM03
Fishery Management Plan
for the Snapper-Grouper
Fishery of the South
Atlantic Region
(Amendment 51).
54........................ Amendment 56 to the 0648-BM46
Fishery Management Plan
for the Reef Fish
Resources of the Gulf of
Mexico: Modifications to
Catch Limits, Sector
Allocation, and
Recreational Fishing
Seasons for Gulf of
Mexico Gag.
------------------------------------------------------------------------

Patent and Trademark Office--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
55........................ Setting and Adjusting 0651-AD64
Patent Fees During Fiscal
Year 2025.
56........................ Setting and Adjusting 0651-AD65
Trademark Fees During
Fiscal Year 2025.
------------------------------------------------------------------------

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Final Rule Stage

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

Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301; 50 U.S.C. 1601; E.O.
13873; E.O. 14034
Abstract: Pursuant to Executive Order 13873 of May 15, 2019,
``Securing the Information and Communications Technology and Services
Supply Chain'' and Executive Order 14034 of June 9, 2021, ``Protecting
Americans' Sensitive Data From Foreign Adversaries,'' the Department of
Commerce is finalizing the rule that sets forth the process and
procedures that the Secretary of Commerce 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:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Katelyn Christ, Department of Commerce, 1401
Constitution Avenue, Washington, DC 20230, Phone: 202 482-3064, Email:
<a href="/cdn-cgi/l/email-protection#7d161c0918110413531e150f140e093d1f140e5319121e531a120b">[email&#160;protected]</a>.
RIN: 0605-AA51

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Long-Term Actions

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

Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301; 50 U.S.C. 1601; E.O.
13873; E.O. 14034
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
information and communications technology and services (ICTS)
Transactions under 15 CFR part 7.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Katelyn Christ, Phone: 202 482-3064, Email:
<a href="/cdn-cgi/l/email-protection#a7ccc6d3c2cbdec989c4cfd5ced4d3e7c5ced489c3c8c489c0c8d1">[email&#160;protected]</a>.
RIN: 0605-AA60

[[Page 66783]]

DEPARTMENT OF COMMERCE (DOC)

International Trade Administration (ITA)

Final Rule Stage

20. 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#8be5e2e0e0e2a5e0eae7e9e2e5eccbfff9eaefeea5ece4fd">[email&#160;protected]</a>.
RIN: 0625-AB21

DEPARTMENT OF COMMERCE (DOC)

Bureau of Industry and Security (BIS)

Final Rule Stage

21. Taking Additional Steps To Address the National Emergency With
Respect to Significant Malicious Cyber-Enabled Activities [0694-AJ35]

Legal Authority: 50 U.S.C. 1701 et seq.; 50 U.S.C. 1601 et seq.;
E.O. 13873; E.O. 13984; E.O. 14110
Abstract: Executive Order 13984 of January 19, 2021, Taking
Additional Steps To Address the National Emergency With Respect to
Significant Malicious Cyber-Enabled Activities, (E.O. 13984) directs
the Secretary of Commerce (Secretary) to propose regulations requiring
certain providers and resellers of certain Infrastructure as a Service
(IaaS) products to verify the identity of their foreign customers
permitting the Secretary, in consultation with Secretary of Defense,
the Attorney General, the Secretary of Homeland Security, and the
Director of National Intelligence, to grant exemptions to the
verification requirement; and authorizing the Secretary to impose
special measures on providers with regard to certain foreign
jurisdictions or foreign persons. Additionally, Executive Order 14110
of October 30, 2023, Safe, Secure, and Trustworthy Development and Use
of Artificial Intelligence'' (E.O. 14110) directs the Secretary to
impose record keeping requirements on IaaS providers when foreign
persons use U.S. IaaS products to train certain large artificial
intelligence (AI) models and to require U.S. IaaS providers identify
the foreign customers of their foreign resellers. The Department of
Commerce is assessing public comments from its January 29, 2024, notice
of proposed rulemaking (NPRM) to EOs 13984 and 14110 and will issue a
final rule once that review is complete.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kellen Moriarty, Department of Commerce, 1401
Constitution Avenue, Washington, DC 20230, Phone: 202 482-1329.
RIN: 0694-AJ35

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

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

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

[[Page 66784]]

Second NPRM......................... 10/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Director, Office of International
Affairs, Trade, and Commerce, 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#d0b1bcb5a8b1feb3bfbcb590bebfb1b1feb7bfa6">[email&#160;protected]</a>.
RIN: 0648-BG11

23. <bullet> Amendment 125 to the Bering Sea and Aleutian Islands
Fishery Management Plan; Pacific Cod Small Boat Access [0648-BM64]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this action would allow smaller hook-and-
line or pot catcher vessels operating in the Federal Bering Sea and
Aleutian Island (BSAI) Pacific cod (Gadus macrophalus) less than 60'
hook-and-line or pot catcher vessel sector to harvest Pacific cod from
the BSAI Pacific cod jig sector's allocation. Under the current
regulations, the BSAI Pacific cod jig sector only includes jig catcher
vessels and catcher processors. The proposed amendment would redefine
the current Federal BSAI Pacific cod jig sector to add hook-and-line
and pot catcher vessels that are less than or equal to 55' length
overall to the current definition. This proposed action is needed
because of reduced Pacific cod total allowable catch (TAC), shortened
seasons for the less than 60' hook-and-line and pot catcher vessel
Pacific cod sector, and the inability of these smaller vessels to
compete with larger vessels during poor weather. As such, the proposed
action would likely provide a small benefit to a small number of
fishery participants (those with smaller vessels). This action could
provide stability and additional opportunities for current fishery
participants and potential new entrants with smaller hook-and-line or
pot catcher vessels without negatively impacting vessels that operate
in the jig sector. However, larger hook-and-line or pot vessels could
be negatively impacted by the proposed action, which would likely
impact the historically common reallocations of projected unused
Pacific cod allocation from the jig sector to the less than 60' hook-
and-line or pot catcher vessel sector. The authority for this action is
Section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: <a href="/cdn-cgi/l/email-protection#e78d8889c98c92958b868983a789888686c9808891">[email&#160;protected]</a>.
RIN: 0648-BM64

24. <bullet> Authorizing Hook-and-Line Catcher/Processors To Use
Longline Pot Gear in the Bering Sea Greenland Turbot Fishery [0648-
BM77]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this action would allow hook-and-line
catcher/processor vessels to use longline pot gear in the Greenland
turbot (Reinhardtius hippoglossoides) fishery in the Bering Sea (BS).
Current regulations only allow for the use of hook-and-line or trawl
gear when directed fishing for Greenland turbot in the BS. This action
is needed due to an increase in killer whale (Orcinus orca) depredation
in the BS hook-and-line gear Greenland turbot fishery. The level of
depredation has increased to a level where it precludes directed
fishing for Greenland turbot using hook-and-line gear. This action
would reduce the impacts of whale depredation and allow the fishery to
resume. This action would benefit the hook-and-line catcher/processors
who choose to participate in the directed fishery for Greenland turbot
using longline pot gear. The authority for this action is Section
304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24
------------------------------------------------------------------------

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#563c3938783d23243a373832163839373778313920">[email&#160;protected]</a>.
RIN: 0648-BM77

25. Atlantic Coastal Fisheries Cooperative Management Act Provisions;
American Lobster Fishery Vessel Tracking for the Federal American
Lobster Fishery [0648-BM38]

Legal Authority: 16 U.S.C. 71
Abstract: The Atlantic States Marine Fisheries Commission, the body
responsible for the interstate management of the American lobster
fishery, recently approved Addendum XXIX to Amendment 3 to the
Interstate Fishery Management Plan for American Lobster, which requires
electronic tracking of vessels participating in the fishery, with state
implementation beginning in 2023. The Commission is made up of
representatives from each of the eastern coastal states, including
members of the lobster industry, and voted unanimously in support of
vessel tracking, which is similar to global positioning system (GPS)
capabilities on a cellular/mobile telephone. These data are critical to
improving stock assessments, informing discussions and management
decisions related to protected species and marine spatial planning, and
enhancing offshore enforcement. NOAA Fisheries is proposing
complementary Federal regulations under the Atlantic Coastal Fisheries
Cooperative Management Act, this would consider revising to regulations
under 50 CFR 697.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24
------------------------------------------------------------------------

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#acc1c5cfc4cdc9c082dcc9c2d8c3c2d5ecc2c3cdcd82cbc3da">[email&#160;protected]</a>.
RIN: 0648-BM38

26. 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

[[Page 66785]]

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). The
Agency's proposed actions for this rule will be based in part on
feedback and public comments received on the issues and options paper.
The comment period ended in August 2023. The comments received to date
provide helpful feedback on the potential issues and ways forward.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent.................... 05/08/23 88 FR 29617
Notice of Intent Comment Period End. 08/18/23
NPRM................................ 03/00/25
------------------------------------------------------------------------

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#c1aaa4adadb8efa5a4afa8b581afaea0a0efa6aeb7">[email&#160;protected]</a>.
RIN: 0648-BM08

27. 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. The ANPRM considered 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). The ANPRM comment period ended in August 2023. The comments
received provide helpful feedback on the potential issues and ways
forward, which are under consideration by the Agency. The Agency's
proposed actions for this rulemaking will be based in part on feedback
and public comments received on the ANPRM.
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#600b050c0c194e04050e0914200e0f01014e070f16">[email&#160;protected]</a>.
RIN: 0648-BM23

28. <bullet> Atlantic Highly Migratory Species; Revisions to Commercial
Atlantic Blacknose and Recreational Atlantic Shark Fisheries [0648-
BM88]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine Fisheries Service, on behalf of the
Secretary of Commerce, is responsible for managing Atlantic highly
migratory species (HMS) pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq., and consistent
with the Atlantic Tunas Convention Act (ATCA), id. 971 et seq. This
proposed rule would consider options to: (1) remove the Atlantic
blacknose shark management boundary in the Atlantic region, (2) modify
the commercial retention limit for blacknose sharks in the Atlantic
region, (3) revise the recreational minimum size limits for authorized
Atlantic shark species, and (4) revise the recreational bag limits for
some authorized Atlantic shark species. This proposed rule would also
remove commercial management group quota linkages, consistent with
management measures established in Amendment 14 to the 2006
Consolidated HMS Fishery Management Plan (88 FR 4157, January 24,
2023). This action would affect the commercial and recreational
Atlantic shark fisheries in the Atlantic Ocean, Gulf of Mexico, and
Caribbean Sea. In 2021, ex-vessel revenues for the entire Atlantic
shark fishery totaled approximately $2.6 million. This action is being
taken pursuant to the rulemaking authority under section 304(g) of the
Magnuson-Stevens Fishery Conservation and Management Act. 16 U.S.C.
1854(c).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24
------------------------------------------------------------------------

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#573c323b3b2e793332393e23173938363679303821">[email&#160;protected]</a>.
RIN: 0648-BM88

29. 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

[[Page 66786]]

Treaty amendments that can be implemented under the existing South
Pacific Tuna Act.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/24 .......................
------------------------------------------------------------------------

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#06756774676e286b676a6a697f466869676728616970">[email&#160;protected]</a>.
RIN: 0648-BG04

30. <bullet> Magnuson-Stevens Act Provisions; Fisheries Off West Coast
States; Pacific Coast Groundfish Fishery; 2024 Harvest Specifications
for Pacific Whiting, and 2024 Pacific Whiting Tribal Allocation [0648-
BM85]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would establish the 2024 harvest specifications
and allocations for Pacific Whiting. Through this rulemaking, NMFS
would announce the U.S. Total Allowable Catch (TAC) level determined
under the terms of the Agreement with Canada on Pacific Hake/Whiting
(Agreement) and the Pacific Whiting Act of 2006 (Whiting Act) and set
the interim allocation for the tribal fishery; the fishery harvest
guideline (HG), called the non-tribal allocation, for three commercial
whiting sectors; and set-asides for research and bycatch. As in prior
years, the interim tribal allocation is not intended to set a precedent
for future years. This action would be implemented pursuant to the
rulemaking authority under the Magnuson-Stevens Fishery Conservation
and Management Act (MSA) 304(b) (Regulations Deemed Necessary by
Council) and MSA section 305(d) (Secretarial authority), and the
Pacific Whiting Act of 2006. Pursuant to MSA section 305(d), this
action is necessary to ensure that the Pacific Coast Groundfish Fishery
Management Plan is implemented in a manner consistent with treaty
rights of four treaty tribes to fish in their usual and accustomed
grounds and stations in common with non-tribal citizens. United States
v. Washington, 384 F. Supp. 313 (W.D. Wash. 1974). The harvest
specifications that would be implemented by this action would be in
effect for the Pacific Whiting fishery that opens May 01, 2024 through
December 31, 2024.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/00/24 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Quan, Regional Administrator--West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, DC 20230, Phone: 562 980-4001, Email:
<a href="/cdn-cgi/l/email-protection#771d1219191e1112055906021619371918161659101801">[email&#160;protected]</a>.
RIN: 0648-BM85

31. <bullet> 2025-2026 Harvest Specifications and Management Measures
for the Pacific Coast Groundfish Fishery [0648-BN08]

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 2025-26 biennium, the
Pacific Fishery Management Council has recommended: (1) Harvest
specifications, including overfishing limits, acceptable biological
catches, and annual catch limits; and (2) Management measures to
achieve those specifications. The specifications and management
measures that would be established by this action would be in effect
from January 1, 2025, through December 31, 2026. The National Marine
Fisheries Service (NMFS) would implement this rulemaking under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act, 16 U.S.C. 1801 et seq.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/24 .......................
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jennifer Quan, Regional Administrator--West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, DC 20230, Phone: 562 980-4001, Email:
<a href="/cdn-cgi/l/email-protection#cca6a9a2a2a5aaa9bee2bdb9ada28ca2a3adade2aba3ba">[email&#160;protected]</a>.
RIN: 0648-BN08

NOS/ONMS

32. Notice of Proposed Rulemaking for the Designation Pacific Remote
Islands National Marine Sanctuary [0648-BM52]

Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: NOAA's Office of National Marine Sanctuaries is
developing a proposed rule designating a national marine sanctuary in
the waters surrounding the Pacific Remote Islands. This proposed rule
for designation under the National Marine Sanctuaries Act would
supplement the existing National Marine Monument and further protect
and conserve the natural environment and cultural heritage of the
Pacific Remote Islands for future generations.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jessica Kondel, Policy and Planning Division Chief,
Department of Commerce, National Oceanic and Atmospheric
Administration, 1305 East West Highway, Building SSMC4, Silver Spring,
MD 20910, Phone: 240 676-4646.
RIN: 0648-BM52

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

33. 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, 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 final rule will (1) modify the spatial and temporal
boundaries of current speed restriction areas, currently referred to as
Seasonal Management

[[Page 66787]]

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 final 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 final rule in 2024.
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#43282a2e2126312f3a6d27222e2c2d6e31222d27222f2f032d2c22226d242c35">[email&#160;protected]</a>.
RIN: 0648-BI88

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

Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On November 27, 2020, we, NMFS, published in the Federal
Register a proposal to designate 17 island units of critical habitat in
the Pacific Islands Region for 7 Indo-Pacific coral species listed
under the Endangered Species Act (ESA). Based on public comments and
new information regarding the interpretation of the records of the
listed corals and application to critical habitat, a substantial
revision of the proposed rule is warranted. Accordingly, we withdrew
the 2020 proposed rule and published a new proposed rule. We proposed
to designate critical habitat for five of the seven coral species that
were addressed in the 2020 proposed rule: Acropora globiceps, Acropora
retusa, Acropora speciosa, Euphyllia paradivisa, and Isopora
crateriformis. Proposed critical habitat includes 16 island units
encompassing approximately 251 square kilometers (km2; 97 square miles,
mi2) of marine habitat. In the development of the proposed rule, NMFS
considered economic, national security, and other relevant impacts of
the proposed designations, but we are not excluding any areas from the
critical habitat designations due to anticipated 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......................... 11/30/23 88 FR 83644
Second NPRM Comment Period End...... 02/28/24 .......................
Public Hearing...................... 12/22/23 88 FR 88587
Final Action........................ 12/00/24 .......................
------------------------------------------------------------------------

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#cba0a2a6a9aeb9a7b2e5afaaa6a4a5e6b9aaa5afaaa7a78ba5a4aaaae5aca4bd">[email&#160;protected]</a>.
RIN: 0648-BJ52

35. 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 action under the Marine Mammal Protection Act (MMPA)
will 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#13787a7e7176617f6a3d77727e7c7d3e61727d77727f7f537d7c72723d747c65">[email&#160;protected]</a>.
RIN: 0648-BK04

36. Designation of Marine Critical Habitat for Six Distinct Population
Segments of Green Sea Turtles Under the Endangered Species Act [0648-
BL82]

Legal Authority: 16 U.S.C. 1533
Abstract: In 2012, NMFS and U.S. Fish and Wildlife Service (USFWS;
collectively, the Services) were petitioned to identify and list
distinct population segments (DPSs) of green sea turtles under section
4 of the Endangered Species Act (ESA; 16 U.S.C. 1533). In 2016, the
Services listed six DPSs of green sea turtles occurring in U.S. waters,
which triggered the requirement, under ESA section 4, to designate
critical habitat to the maximum extent prudent and determinable for
those DPSs. The Services did not do so within the statutory deadline,
and subsequently entered into a settlement agreement to submit to the
Office of the Federal Register for publication a proposed determination
concerning the designation of critical habitat for the six DPSs by June
30, 2023. The rule will designate critical habitat containing
reproductive, migratory, foraging and resting features in waters from 0
to 20 m depth. The economic impact will affect Federal agencies, who
are required under section 7 of the ESA to consult with the Services on
their actions that may affect listed species and designated critical
habitat. NMFS is working with the Department of Defense and Department
of Homeland Security

[[Page 66788]]

to review potential national security impacts. Regarding Broadening
Public Participation and Community Engagement in the Regulatory
Process, we provided six (3 virtual, 3 in-person) public hearings. We
had Spanish at 2 virtual public hearings. Samoan, Chamorro, or
Carolinian cultural liaisons are providing facilitation and translation
at the 3 in-person public hearings. This is part of a pilot project
meant to address requests made during the public comment period for
NMFS' Equity and Environmental Justice Strategy.
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#aac1c3c7c8cfd8c6d384cecbc7c5c487d8cbc4cecbc6c6eac4c5cbcb84cdc5dc">[email&#160;protected]</a>.
RIN: 0648-BL82

37. Designation of Critical Habitat for Rice's Whale Under the
Endangered Species Act [0648-BL86]

Legal Authority: 16 U.S.C. 1533; 16 U.S.C. 1532
Abstract: Gulf of Mexico Bryde's whales (Balaenoptera edeni) were
listed as endangered under the Endangered Species Act (ESA) by the
National Marine Fisheries Service (NMFS) effective April 15, 2019 (84
FR 15446). On October 22, 2021, NMFS published a final rule that
revised the listing of Gulf of Mexico Bryde's whales to reflect the
scientifically accepted taxonomy and nomenclature of the species (86 FR
47022). The revised common name for this species is Rice's whale and
the scientific name is Balaenoptera ricei. The ESA requires that
critical habitat be designated to the maximum extent prudent and
determinable at the time a species is listed (16 U.S.C. 1533(a)(3)(i)).
NMFS concluded that critical habitat was not yet determinable for the
Rice's whale at the time of listing. However, NMFS indicated that they
anticipated critical habitat would be determinable in the future given
on-going research. NMFS, therefore, announced in the final listing rule
that they would propose critical habitat in a separate rulemaking. This
rule finalizes designation of critical habitat for the endangered
Rice's whale as one specific area within the Gulf of Mexico that
extends from the Texas-Mexico border in the west to the Florida Keys in
the east and lies between the 100m and 400m isobaths. NMFS will consult
with the Department of Defense to assess any potential national
security impacts as a result of the critical habitat designation.
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#5b303236393e293722753f3a36343576293a353f3a37371b35343a3a753c342d">[email&#160;protected]</a>.
RIN: 0648-BL86

38. <bullet> Framework Adjustment 66 to the Northeast Multispecies
Fishery Management Plan [0648-BM71]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The final action implements management measures included
in Framework Adjustment 66 to the Northeast Multispecies Fishery
Management Plan (Framework 66) 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. This action
sets annual specifications for fishing years (FY) 2024-2026 for three
Northeast multispecies stocks, FY 2024-2025 for three other
multispecies stocks; specifies FY 2024-2025 total allowable catches
(TAC) for the three U.S./Canada stocks; and modify the trigger for
Atlantic halibut accountability measures.
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#513c38323930343d7f21343f253e3f28113f3e30307f363e27">[email&#160;protected]</a>.
RIN: 0648-BM71

39. 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 rule addresses 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 rule, could assess the efficacy of closed areas,
improve sustainable management of highly migratory species, and may
provide benefits to commercial and recreational fishermen. The Agency's
final actions for this rule are based in part on feedback and public
comments on the proposed rule and draft environmental impact statement,
regulatory impact review (RIR), and initial regulatory flexibility
analysis (IRFA). The comment period ended in October 2023. The comments
received to date provide helpful feedback on the potential issues and
ways forward.
Timetable:

[[Page 66789]]

NPRM Comment Period Extension....... 09/08/23 88 FR 62044
NPRM Comment Period End............. 09/15/23 .......................
NPRM Comment Period Extension End... 10/02/23 .......................
Final Action........................ 07/00/24 .......................
------------------------------------------------------------------------

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#e289878e8e9bcc86878c8b96a28c8d8383cc858d94">[email&#160;protected]</a>.
RIN: 0648-BI10

40. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Fishing Effort Limits in Purse Seine
Fisheries [0648-BL25]

Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: Under authority of the Western and Central Pacific
Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), NMFS
is implementing fishing effort limits for the U.S. purse seine fishery
operating in the western and central Pacific Ocean (WCPO). Regulations
at 50 CFR 300.223(a) currently limit U.S. WCPO purse seine fishing
effort in a combined area of the high seas and U.S. exclusive economic
zone (EEZ). Based on recent decisions of the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, this rule implements separate U.S.
WCPO purse seine fishing effort limits for the high seas and U.S. EEZ.
This rule could have some economic effects on U.S. purse seine vessels,
as the separate effort limits would reduce the operational flexibility
provided by the combined effort limits. This rule could also have some
economic effects on American Samoa, as the separate limits could lead
to a fishery closure earlier in the year than under the combined
limits, which could reduce fish supply to the cannery based in American
Samoa. Other elements of this rule include modifications to the process
for closing the fishery once an effort limit is reached, and
modifications to the procedures for obtaining daily purse seine fishing
effort reports.
Timetable:

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#d9aab8abb8b1f7b4b8b5b5b6a099b7b6b8b8f7beb6af">[email&#160;protected]</a>.
RIN: 0648-BL25

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

41. 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 will 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, Phone: 301 427-8286, Email:
<a href="/cdn-cgi/l/email-protection#f899949d8099d69b97949db896979999d69f978e">[email&#160;protected]</a>.
RIN: 0648-BH87

42. Seafood Import Permitting and Reporting Procedures [0648-BK85]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS amends the regulations that require seafood import
documentation under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). The statute prohibits the
importation of seafood that was harvested in violation of foreign laws,
any treaty, or binding conservation measures of regional fisheries
organizations to which the United States is a party. The import
permitting, reporting and recordkeeping regulations facilitate
enforcement of the statutory prohibition. To ensure compliance with the
import monitoring program, NMFS clarifies what qualifies as the U.S.
resident business address of the International Fisheries Trade Permit
holder and the permit holder's obligation to ensure timely access to
and production of the required supply chain records in the event of an
audit NMFS also intends to include additional species under the
program, such as expanding currently listed single-species to species
groups and adding new species. U.S. seafood importers are likely to be
affected by this rulemaking through increased reporting and
recordkeeping requirements, but NOAA estimates the economic impact will
be small because documentation is already completed, transmitted
through the supply chain, and available to importers.
Timetable:

[[Page 66790]]

NPRM; Withdrawn..................... 11/16/23 88 FR 78714
Next Action Undetermined............
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Phone: 301 427-8286, Email:
<a href="/cdn-cgi/l/email-protection#93f2fff6ebf2bdf0fcfff6d3fdfcf2f2bdf4fce5">[email&#160;protected]</a>.
RIN: 0648-BK85

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

43. 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#264d4f4b4443544a5f0842474b49480b54474842474a4a664849474708414950">[email&#160;protected]</a>.
RIN: 0648-BG26

44. Designation of Critical Habitat for Nassau Grouper Under the
Endangered Species Act [0648-BL53]

Legal Authority: 16 U.S.C. 1533
Abstract: This rulemaking will designate critical habitat for the
threatened Nassau grouper pursuant to section 4 of the Endangered
Species Act (ESA). Specific occupied areas under consideration as
critical habitat for this species include approximately 2,352.27 sq.
kilometers (908.22 sq. miles) of marine habitat located in waters off
southeastern coast of Florida, Puerto Rico, Navassa, and the United
States Virgin Islands (USVI). For this critical habitat designation,
the incremental costs of the rule are anticipated to be limited to the
additional administrative effort required for section 7 consultations
to consider impacts to the critical habitat. We have 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 they provided, national security impacts are not expected
to arise as a result of this rule. NMFS also contacted the Department
of Defense (DoD) to determine if any areas controlled by the DoD
coincide with any of the areas under consideration for critical
habitat, and none were found that would result in not designating
critical habitat pursuant to section 4(a)(3)(B)(i) of the ESA. This
rule is consistent with existing critical habitat regulations in the
application of the ESA.
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#42292b2f2027302e3b6c26232f2d2c6f30232c26232e2e022c2d23236c252d34">[email&#160;protected]</a>. RIN: 0648-BL53

45. 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-BM31]

Legal Authority: 16 U.S.C. 1387
Abstract: The National Marine Fisheries Service (NMFS) is proposing
a rule under the Atlantic Large Whale Take Reduction Plan (ALWTRP or
Plan) to reduce the risk of North Atlantic right whale entanglement in
commercial trap/pot fisheries along the U.S. East Coast. The proposed
rule would modify the boundaries of the Massachusetts Restricted Area
(MRA) to include a 200 square miles area known as the MRA Wedge to fill
a gap in protections that occurs during the implementation of the
current closure in Federal waters from February through April every
year. This small gap area was inadvertently created by a 2021
modification to an existing MRA seasonal closure to buoy lines which
mirrored a state water closure enacted by Massachusetts in early 2021.
The resultant gap within the MRA created an opportunity for federally
permitted vessels to fish or store buoyed trap gear in the MRA Wedge at
great risk of incidental mortality and serious injury of North Atlantic
right whales that are seasonally abundant in surrounding waters.
Empirical gear and whale sightings collected during aerial surveys of
the MRA Wedge during February-April demonstrate the high entanglement
risk to right whales in this area. No novel management measures or
policies are proposed; this Wedge area was closed through emergency
rulemaking in 2021 and 2022, and this rule proposes to permanently
implement a small expansion of an existing three-month seasonal
restriction to fishing with buoy lines.
Timetable:

[[Page 66791]]

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#4f2426222d2a3d2336612b2e222021623d2e212b2e23230f21202e2e61282039">[email&#160;protected]</a>.
RIN: 0648-BM31

46. 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#305a5f5e1e5b45425c515e54705e5f51511e575f46">[email&#160;protected]</a>.
RIN: 0648-BL42

47. 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:

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#acc6c3c282c7d9dec0cdc2c8ecc2c3cdcd82cbc3da">[email&#160;protected]</a>.
RIN: 0648-BM18

48. Amendment 16 to the Fishery Management Plan for the Salmon
Fisheries in the EEZ Off Alaska; Cook Inlet [0648-BM42]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action (Amendment 16) incorporates the Cook Inlet
EEZ into the Alaska Salmon FMP, thereby bringing the Cook Inlet EEZ and
the salmon fisheries that occur within it under Federal management by
the North Pacific Fishery Management Council (Council) and NMFS.
Previously, the Cook Inlet EEZ was not included in a Federal fishery
management plan (FMP), deferring management to the State of Alaska
(State). Commercial fishermen challenged this as inconsistent with the
Magnuson-Stevens Act (MSA). Ultimately, the Ninth Circuit held that the
Cook Inlet EEZ must be included in an FMP. The Council previously took
action to address this issue in 2020 and NMFS implemented their
recommendation as Amendment 14, which closed the Federal area to
commercial salmon fishing. Amendment 14 was challenged by commercial
fishermen and vacated. A new amendment addressing the area must be
promulgated by May 1, 2024. Four management alternatives were
considered: (1) no action, (2) delegating management authority to the
State consistent with the MSA, (3) Federal management, and (4) Federal
management that closes the area to commercial salmon fishing.
Alternatives 1 and 4 were not viable given the court rulings, and the
State would not accept delegated management. This left Alternative 3 as
the only viable alternative. However, the Council did not take action
and, NMFS must now

[[Page 66792]]

take action through a Secretarial FMP amendment pursuant to MSA section
304(c) to meet the court's deadline. NMFS implements Alternative 3 to
federally manage all salmon fishing in the Cook Inlet EEZ. Federal
management may reduce commercial salmon harvest in the EEZ area as a
result of increased scientific and management uncertainty. Additional
litigation is expected from commercial fishermen. NMFS developed the
elements of this rule with input from the public during two North
Pacific Fishery Management Council meetings, a virtual public hearing,
and multiple meetings and consultations with Tribal entities.
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#b9d3d6d797d2cccbd5d8d7ddf9d7d6d8d897ded6cf">[email&#160;protected]</a>.
RIN: 0648-BM42

49. Framework Adjustment 65 to the Northeast Multispecies Fishery
Management Plan [0648-BL95]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The action would implement management measures included
in Framework Adjustment 65 to the Northeast Multispecies Fishery
Management Plan (Framework 65) 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
will revise the rebuilding plan for Gulf of Maine (GOM) cod, set annual
specifications for fishing years (FY) 2023-2025 for 13 Northeast
multispecies stocks, FY2023-2024 for Georges Bank (GB) cod, GB
yellowtail flounder, FY2023 for white hake, and specify FY 2023-2024
total allowable catches (TAC) for the three U.S./Canada stocks eastern
GB cod, eastern GB haddock, and GB yellowtail flounder. It would also
make a temporarily modification to the accountability measures for GB
cod. This rule also takes emergency action using our authority under
Section 305(c) of the Magnuson-Stevens Fishery Conservation and
Management Act to increase the fishing year 2023 specifications for
Gulf of Maine (GOM) haddock. The purpose of this emergency action is to
mitigate economic harm to industry by increasing the 2023 GOM haddock
specifications.
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#afc2c6ccc7cecac381dfcac1dbc0c1d6efc1c0cece81c8c0d9">[email&#160;protected]</a>.
RIN: 0648-BL95

50. <bullet> Framework Adjustment 38 to the Atlantic Sea Scallop
Fishery Management Plan [0648-BM78]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: At its December 2023 meeting, the New England Fishery
Management Council voted to submit Framework 38 to NOAA's National
Marine Fisheries Service (NMFS). Pursuant to section 304(a) of the
Magnuson-Stevens Fishery Conservation and Management Act, NMFS is
drafting a proposed rule to approve and implement Framework 38.
Framework 38 is a time-sensitive action that would set annual
specifications for the Atlantic sea scallop fleet for the 2024 fishing
year, including the annual catch limits for the limited access and
limited access general category fleets, as well as days-at-sea
allocations and sea scallop access area trip allocations. Framework 38
would implement specifications that would result in projected landings
of 27.4 million lb, a 2.4 million-lb increase from the fishing year
2023 projected landings. However, during the development of Framework
38 current price information was added to the price projection model
resulting in a decrease in the projected price for scallops in the 2024
fishing year. As a result, despite the increase in projected landings,
it is predicted that there will be a decrease in total economic
benefits in fishing year 2024. This is due primarily to a decrease in
the projected price for scallops, specifically of U-10 scallops (larger
scallops that had previously commanded a higher price) and not a result
of additional regulations or requirements that would be implemented by
Framework 38. Because of this, the economic impacts of the Framework 38
fishery specifications are expected to be negative for scallop vessels
and small business entities compared to fishing year 2023. The increase
in projected landings and the reduction in projected price is projected
to result in a decrease in total economic benefits of $19.62 million
using 2023. This is a time-sensitive regulatory action that sets annual
catch limits for the Atlantic Sea Scallop Fishery Management Plan. This
action is routine and needed to fully open the scallop fishery for the
2024 fishing year, beginning April 1, 2024. Framework 38 was developed
by the Council with input from the scallop industry throughout its
development. The increase in projected landings that Framework 38 would
implement is expected by and supported by the industry. The
specifications in this rule would only be in place for one year. If
this action is delayed, opening the Scallop fishery by April 1, 2024,
would require NMFS to implement default measures which are less
preferable to industry and resource managers. The default measures
would create confusion among the fleet because NMFS would be required
to implement two different sets of measures that would change mid-
season. The default measures could also have detrimental impacts to the
conservation of important, but sensitive, scallop resources and could
exacerbate the impact of the reduction in economic benefits to the
scallop industry. They could also lead to reductions in future scallop
harvests.
Timetable:

Regulatory Flexibility Analysis Required: Yes.

[[Page 66793]]

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#bbd6d2d8d3daded795cbded5cfd4d5c2fbd5d4dada95dcd4cd">[email&#160;protected]</a>.
RIN: 0648-BM78

51. Atlantic Highly Migratory Species; Prohibiting Retention of Oceanic
Whitetip Sharks in U.S. Atlantic Waters and Hammerhead Sharks in the
Caribbean Sea [0648-BK54]

Legal Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Abstract: Atlantic highly migratory species (HMS) fisheries are
managed under the dual authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic
Tunas Convention Act (ATCA). On May 15, 2020, NOAA Fisheries issued two
Biological Opinions (BiOps) under Section 7(a)(2) of the Endangered
Species Act (ESA). These BiOps covered the pelagic longline fishery for
Atlantic HMS and the non-pelagic longline HMS fisheries, as managed
under the 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP)
and its amendments. The BiOps concluded that the fisheries are not
likely to jeopardize the continued existence of listed species nor
adversely affect their designated critical habitat. The BiOps included
conservation recommendations under Section 7(a)(1) of the ESA. These
conservation recommendations encouraged the prohibition of the
commercial and recreational retention of both scalloped hammerhead
sharks (specifically in the Southwest and Caribbean distinct population
segments) and oceanic whitetip sharks, both of which are listed as
threatened under the ESA. As a result, this action considers
implementing this conservation recommendation. Under existing
regulations, retention and possession of oceanic whitetip and all
hammerhead sharks are prohibited for commercial fishermen using pelagic
longline gear; this action would extend the prohibition to commercial
shark permit holders using other gears and to recreational permit
holders who target or catch sharks. This action is being taken pursuant
to the rulemaking authority under the Magnuson-Stevens Act, sec.
304(g), and ATCA. The Agency's final actions for this rule will be
based in part on public comments on the proposed rule and draft
environmental assessment, RIR, and IRFA. The comments received were
generally supportive of the proposed action; some commenters requested
additional protections for scalloped hammerhead sharks.
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#59323c353520773d3c37302d1937363838773e362f">[email&#160;protected]</a>.
RIN: 0648-BK54

52. <bullet> Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
General Category Restricted-Fishing Days; Atlantic Bluefin Tuna
Regulatory Clarifications [0648-BM66]

Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic tunas 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. Consistent with the existing regulations at 50 CFR 635.23(a), NOAA
Fisheries uses restricted-fishing days (RFDs, see definition at 635.2)
to extend fishing opportunities for bluefin tuna General category
participants through a greater portion of the category's subquota time-
periods while also ensuring the bluefin tuna quota is harvested. This
action codifies a schedule of restricted-fishing days (RFDs) for the
2024 fishing year and future fishing years; and clarifies the existing
regulations, including on the General category default retention limit
for bluefin tuna, the process of scheduling RFDs, and bluefin tuna
dealer tag application on RFDs. In 2021, bluefin tuna landed under the
General category quota brought in $10.2 million in ex-vessel revenues.
This action does not change the amount of bluefin tuna that can be
landed under an RFD schedule.
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#bfd4dad3d3c691dbdad1d6cbffd1d0dede91d8d0c9">[email&#160;protected]</a>.
RIN: 0648-BM66

53. Amendment 51 to the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region (Amendment 51) [0648-BM03]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS is developing a final rule to implement Amendment
51. Amendment 51 and the rule will modify management of South Atlantic
snowy grouper. Actions will revise annual catch limits, sector
allocations, and the fishing season and accountability measures for the
recreational sector. Amendment 51 and the rule will end overfishing of
South Atlantic snowy grouper, continue to rebuild the stock, and
achieve optimum yield while minimizing, to the extent practicable,
adverse social and economic effects.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, 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#771619130e59040305121b141f12141c371918161659101801">[email&#160;protected]</a>.
RIN: 0648-BM03

54. Amendment 56 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico: Modifications to Catch Limits, Sector
Allocation, and Recreational Fishing Seasons for Gulf of Mexico Gag
[0648-BM46]

Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Reef Fish Amendment 56 and the rule would modify the
status determination criteria, optimum yield,

[[Page 66794]]

sector catch limits and catch targets and establish a rebuilding
timeline for Gulf gag based on the most recent stock assessment
(Southeast Data Assessment and Review (SEDAR) 72) and recommendations
from the Gulf of Mexico Fishery Management Council's Scientific and
Statistical Committee. The amendment and rule also modify the
recreational accountability measures and fishing season. The stock
assessment indicated that Gulf gag is overfished and was undergoing
overfishing as of 2019, and that a substantial reduction in the total
allowable harvest is necessary to rebuild the stock. The amendment and
final rule also modify the allocation between the commercial and
recreational sectors using adjusted recreational landings estimates.
The need for this action is to use the best scientific information
available to end overfishing of Gulf gag and rebuild the stock to a
level commensurate with maximum sustainable yield, consistent with the
requirements of the Magnuson-Stevens Fishery Conservation and
Management Act.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, 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#10717e74693e636462757c737875737b507e7f71713e777f66">[email&#160;protected]</a>.
RIN: 0648-BM46

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Final Rule Stage

55. Setting and Adjusting Patent Fees During Fiscal Year 2025 [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 aggregate revenue to recover its
aggregate cost of operations thereby maintaining a sustainable funding
model. The new fee amounts will provide the Office with additional
resources to decrease patent pendency and ensure robust and reliable
patents are allowed while continuing to promote access to the patent
system for underresourced individuals. This proposal reflects feedback
we have received from members of the Patent Public Advisory Committee
and the public, including organizations, practitioners, and independent
inventors, during a public hearing held on May 18, 2023. As we develop
this regulation, we will be seeking additional public comment through
the rulemaking process.
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#2644544348424748084e4953544f41474866535556524908414950">[email&#160;protected]</a>.
RIN: 0651-AD64

56. Setting and Adjusting Trademark Fees During Fiscal Year 2025 [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 aggregate revenue to recover its
aggregate cost of operations thereby maintaining a sustainable funding
model. The new fee amounts will provide the Office with additional
resources to ensure the integrity of the Trademark register and promote
efficiency of processes while continuing to offer affordable options to
stakeholders. This proposal reflects feedback we have received from
members of the Trademark Public Advisory Committee and the public,
including organizations, practitioners, and small business owners,
during a public hearing held on June 5, 2023. As we develop this
regulation, we will be seeking additional public comment through the
rulemaking process.
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#513323343f35303f7f393e24233836303f11242221253e7f363e27">[email&#160;protected]</a>.
RIN: 0651-AD65

[FR Doc. 2024-16446 Filed 8-15-24; 8:45 am]
BILLING CODE 3410-12-P

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