Department of Commerce – Federal Register Recent Federal Regulation Documents

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Atlantic Highly Migratory Species; Bluefin Tuna General Category Effort Controls and Related Regulations
Document Number: 2024-03594
Type: Proposed Rule
Date: 2024-02-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is proposing to codify a schedule of restricted-fishing days (RFDs) for the 2024 fishing year and subsequent fishing years; reestablish a General category default retention limit for large medium or giant bluefin tuna (BFT) on open days; and make clarifications to the BFT dealer regulations and the definition of a bluefin statistical document (BSD) tag. This proposed action is necessary to increase the likelihood of pacing General category landings to extend fishing opportunities through a greater portion of the General category time period subquotas. Lastly, this proposed action would clarify existing regulations to ensure better understanding and compliance by General category quota participants.
Fisheries of the Northeastern United States; 2024 and 2025 Summer Flounder and Scup, and 2024 Black Sea Bass Recreational Management Measures
Document Number: 2024-03507
Type: Proposed Rule
Date: 2024-02-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes Federal management measures for the summer flounder and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of this action is to set management measures that allow the recreational fisheries to achieve, but not exceed, the recreational harvest targets and thereby prevent overfishing.
Pacific Island Pelagic Fisheries; False Killer Whale Take Reduction Plan; New Trigger Value for Southern Exclusion Zone Closure
Document Number: 2024-03664
Type: Notice
Date: 2024-02-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the Marine Mammal Protection Act (MMPA) of 1972, and the False Killer Whale Take Reduction Plan, NMFS is publishing a new trigger value for the Southern Exclusion Zone (SEZ) closure. The new trigger is three observed mortality or serious injuries of false killer whales incidental to the deep-set longline fishery within the U.S. Exclusive Economic Zone.
Commerce Spectrum Management Advisory Committee
Document Number: 2024-03663
Type: Notice
Date: 2024-02-23
Agency: Department of Commerce, National Telecommunications and Information Administration
Through this Notice, the National Telecommunications and Information Administration (NTIA) is reopening an application window for nominations to the Commerce Spectrum Management Advisory Committee (CSMAC). On December 27, 2023, NTIA published a Notice seeking nominations to the CSMAC with a deadline of January 31, 2024, for submissions. In reopening this application window, NTIA seeks to expand the pool of applicants and best ensure that the composition of the committee reflects balanced points of view.
Revision of License Requirements of Certain Cameras, Systems, or Related Components
Document Number: 2024-03661
Type: Rule
Date: 2024-02-23
Agency: Department of Commerce, Bureau of Industry and Security
With this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR), which it maintains, by revising license requirements for certain cameras, systems, and related components. These revisions will better align controls with technological and commercial developments, such as the items' global commercial availability, while recognizing the cooperative strategic relationship the United States has with our closest allies. In addition to these changes, BIS is adding controls on certain cameras that are not already controlled by either export control classification number (ECCN) 6A003 or 6A203. These new controls are detailed under new ECCN 6A293, which is a classification for temporary controls for which BIS is seeking multilateral agreement.
Request for Public Comment on Interagency Marine Debris Coordinating Committee Recommendations
Document Number: 2024-03678
Type: Notice
Date: 2024-02-23
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA's Marine Debris Program, on behalf of the Interagency Marine Debris Coordinating Committee (IMDCC), is soliciting public comments regarding draft recommendations to address marine debris. The IMDCC is required to submit a biennial report to Congress that includes the status of implementation of any recommendations and strategies of the Committee. These recommendations will replace the recommendations first published by the IMDCC in 2008.
Advisory Committee on Supply Chain Competitiveness: Notice of Public Meeting
Document Number: 2024-03536
Type: Notice
Date: 2024-02-22
Agency: Department of Commerce, International Trade Administration
This notice sets forth the schedule and proposed topics of discussion for the upcoming public meeting of the Advisory Committee on Supply Chain Competitiveness (Committee).
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
Document Number: 2024-03602
Type: Notice
Date: 2024-02-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR 82 assessment of the South Atlantic stock of gray triggerfish will consist of a data webinars/workshop, a series of assessment webinars, and a review workshop. A SEDAR 82 Review Workshop has been scheduled for March 12-14, 2024. See SUPPLEMENTARY INFORMATION for specific dates and agenda.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska
Document Number: 2024-03601
Type: Rule
Date: 2024-02-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2024 total allowable catch (TAC) of Pacific cod by vessels using pot gear in the Western Regulatory Area of the GOA.
U.S. Integrated Ocean Observing System (IOOS®) Advisory Committee Public Meeting
Document Number: 2024-03597
Type: Notice
Date: 2024-02-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given of a virtual meeting of the U.S. Integrated Ocean Observing System (IOOS[supreg]) Advisory Committee (Committee). The meeting is open to the public and an opportunity for oral and written comments will be provided.
Utility Scale Wind Towers From Indonesia: Rescission of Antidumping Duty Administrative Review: 2022-2023
Document Number: 2024-03617
Type: Notice
Date: 2024-02-22
Agency: Department of Commerce, International Trade Administration
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty (AD) order on utility scale wind towers (wind towers) for the period of review (POR) August 1, 2022, through July 31, 2023.
Approval of Subzone Status; PR Five Vega Alta, LLC; Vega Alta, Puerto Rico
Document Number: 2024-03567
Type: Notice
Date: 2024-02-22
Agency: Department of Commerce, Foreign-Trade Zones Board
National Medal of Technology and Innovation Nomination Evaluation Committee Charter Renewal
Document Number: 2024-03526
Type: Notice
Date: 2024-02-21
Agency: Department of Commerce, Patent and Trademark Office
The Department of Commerce has renewed the charter for the National Medal of Technology and Innovation Nomination Evaluation Committee (NMTI Committee) for an additional two-year period, as it is a necessary committee that is in the public interest. The charter is renewed until February 8, 2026.
Expanding Opportunities To Appear Before the Patent Trial and Appeal Board
Document Number: 2024-03523
Type: Proposed Rule
Date: 2024-02-21
Agency: Department of Commerce, Patent and Trademark Office
As part of its initiatives to expand access to practice before the U.S. Patent and Trademark Office (USPTO or Office), the USPTO proposes to amend the rules regarding admission to practice before the Patent Trial and Appeal Board (PTAB or Board) in proceedings under the Leahy-Smith America Invents Act (AIA proceedings) to give parties the option to designate non-registered practitioners who are recognized pro hac vice (i.e., granted recognition in a specific PTAB proceeding) as lead counsel; excuse parties from the requirement to designate back-up counsel upon a showing of good cause such as a lack of resources to hire two counsel; establish a streamlined alternative procedure for recognizing counsel pro hac vice that is available when counsel has previously been recognized pro hac vice in a different PTAB proceeding; and clarify that those recognized pro hac vice have a duty to inform the Board of subsequent events that render inaccurate or incomplete representations they made to obtain pro hac vice recognition.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Alaska Mariculture Economic Benchmark Survey
Document Number: 2024-03513
Type: Notice
Date: 2024-02-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Endangered and Threatened Wildlife and Plants; Final Rule To List the Atlantic Humpback Dolphin as an Endangered Species Under the Endangered Species Act
Document Number: 2024-03162
Type: Rule
Date: 2024-02-21
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, are issuing a final rule to list the Atlantic humpback dolphin (Sousa teuszii) as endangered under the Endangered Species Act (ESA), in response to a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita. We have reviewed the status of the Atlantic humpback dolphin, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since publication of the proposed rule. Based on all of this information, we have determined that the Atlantic humpback dolphin warrants listing as an endangered species. We will not designate critical habitat for this species, because the geographical areas occupied by this species are entirely outside U.S. jurisdiction.
Environmental Technologies Trade Advisory Committee
Document Number: 2024-03440
Type: Notice
Date: 2024-02-21
Agency: Department of Commerce, International Trade Administration
The Environmental Technologies Trade Advisory Committee (ETTAC) will hold a hybrid meeting, accessible in-person and online, on Tuesday March 12, 2024 at the U.S. Department of Commerce in Washington, DC The meeting is open to the public with registration instructions provided below. This notice sets forth the schedule and proposed topics for the meeting.
National Artificial Intelligence Advisory Committee
Document Number: 2024-03481
Type: Notice
Date: 2024-02-21
Agency: Department of Commerce, National Institute of Standards and Technology
The National Institute of Standards and Technology (NIST) announces that the National Artificial Intelligence Advisory Committee (NAIAC or Committee) will hold a public briefing session virtually via web conference on March 5, 2024, from 10 a.m.-1 p.m. eastern time. The primary purpose of this meeting is for the Committee to examine the concept of ``AI safety'' through the testimony of a group of experts, followed by questions and discussion.
Census Scientific Advisory Committee
Document Number: 2024-03475
Type: Notice
Date: 2024-02-21
Agency: Census Bureau, Department of Commerce
The Census Bureau is giving notice of a virtual meeting of the Census Scientific Advisory Committee (CSAC or Committee). The Committee will address policy, research, and technical issues relating to a full range of Census Bureau programs and activities, including decennial, economic, field operations, information technology, and statistics. Last minute changes to the schedule are possible, which could prevent giving advance public notice of schedule adjustments.
Draft Overview of the National Aquaculture Development Plan and Draft Strategic Plan for Aquaculture Economic Development
Document Number: 2024-03345
Type: Notice
Date: 2024-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
On behalf of the National Science and Technology Council (NSTC)'s Subcommittee on Aquaculture (SCA), NMFS announces the availability of the draft Overview of the National Aquaculture Development Plan (NADP) and draft Strategic Plan for Aquaculture Economic Development (Economic Development Plan) for public comment.
Drawn Stainless Steel Sinks From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
Document Number: 2024-03376
Type: Notice
Date: 2024-02-20
Agency: Department of Commerce, International Trade Administration
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on drawn stainless steel sinks from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod in the Central Regulatory Area of the Gulf of Alaska
Document Number: 2024-03370
Type: Rule
Date: 2024-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for the Pacific cod sideboard limit by non-exempt American Fisheries Act (AFA) catcher vessels in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the annual 2024 Pacific cod sideboard limit established for non-exempt AFA catcher vessels in the Central Regulatory Area of the GOA.
Finished Carbon Steel Flanges From India: Final Results of Countervailing Duty Administrative Review; 2021
Document Number: 2024-03402
Type: Notice
Date: 2024-02-20
Agency: Department of Commerce, International Trade Administration
The U.S. Department of Commerce (Commerce) determines that Norma (India) Ltd. (Norma) and R.N. Gupta & Co. Ltd. (RNG) received countervailable subsidies during the period of review (POR), January 1, 2021, through December 31, 2021.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Amendment 21 to the Coastal Pelagic Species Fishery Management Plan
Document Number: 2024-03396
Type: Proposed Rule
Date: 2024-02-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council has submitted Amendment 21 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) for review by the Secretary of Commerce. If approved, Amendment 21 would make a number of non-substantive, administrative changes to the CPS FMP including defining acronyms upon first use, adding hyperlinks, removing repetitive language, and rearranging sections for clarity and logical sequence. These changes, colloquially referred to as ``housekeeping'' changes, would not change the management of the fishery. This proposed amendment is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the CPS FMP, and other applicable laws. NMFS will consider public comments in deciding whether to approve, disapprove, or partially approve Amendment 21.
Pacific Fishery Management Council; Public Meetings
Document Number: 2024-03304
Type: Notice
Date: 2024-02-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Pacific Fishery Management Council (Council) and its advisory bodies will meet March 5-11, 2024 in Fresno, CA and via webinar. The Council meeting will be live streamed with the opportunity to provide public comment remotely. The following groups will meet in person in Fresno: Salmon Technical Team, Salmon Advisory Subpanel, Ecosystem Advisory Subpanel, Ecosystem Workgroup, Enforcement Consultants, Habitat Committee, Groundfish Management Team, Groundfish Advisory Subpanel, and the Scientific and Statistical Committee.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Offsets in Military Exports
Document Number: 2024-03303
Type: Notice
Date: 2024-02-16
Agency: Department of Commerce, Bureau of Industry and Security
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Mid-Atlantic Fishery Management Council (MAFMC) and New England Fishery Management Council (NEFMC); Joint Public Meeting
Document Number: 2024-03306
Type: Notice
Date: 2024-02-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The MAFMC and NEFMC will jointly hold a public meeting (webinar) of the Spiny Dogfish and Monkfish Advisory Panels to review potential sturgeon bycatch reduction measures. See SUPPLEMENTARY INFORMATION for agenda details.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Lutak Dock Replacement Project, Haines, Alaska
Document Number: 2024-03251
Type: Notice
Date: 2024-02-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Haines Borough to incidentally harass marine mammals during construction activities associated with a Lutak Dock Replacement project in Haines, Alaska.
Magnuson-Stevens Act Provisions; Prohibition of Commercial Fishing in the Northeast Canyons and Seamounts Marine National Monument
Document Number: 2024-03247
Type: Rule
Date: 2024-02-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action implements regulations for the Northeast Canyons and Seamounts Marine National Monument. This action is necessary to conform U.S. fishing regulations to be consistent with Presidential Proclamations 9496 and 10287, which prohibited commercial fishing in the Northeast Canyons and Seamounts Marine National Monument and directed the Secretaries of Commerce and Interior to promulgate regulations necessary for the proper care and management of the Monument. The measures herein are intended to define the boundary coordinates of the Monument area and clarify the prohibition on commercial fishing in the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) regulations.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Generic Clearance for Collection of State Administrative Records Data
Document Number: 2024-03207
Type: Notice
Date: 2024-02-16
Agency: Census Bureau, Department of Commerce
The Department of Commerce, in accordance with the Paperwork Reduction Act (PRA) of 1995, invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment on the proposed extension of the collection of state level administrative records data, prior to the submission of the information collection request (ICR) to OMB for approval.
List of Fisheries for 2024
Document Number: 2024-03013
Type: Rule
Date: 2024-02-16
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is publishing its final List of Fisheries (LOF) for 2024, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2024 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based on the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as those on registration, observer coverage, and take reduction plan (TRP) requirements.
Procedures and Rules for Article 10.12 of the United States-Mexico-Canada Agreement
Document Number: 2024-02899
Type: Rule
Date: 2024-02-15
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (Commerce) is amending a final rule that appeared in the Federal Register on January 31, 2024. This document corrects a spelling error to update and make final an interim final rule that amended its regulations pertaining to the procedures and rules related to Article 1904 of the North American Free Trade Agreement (NAFTA) with appropriate references to the United States- Mexico-Canada Agreement (USMCA), which went into effect on July 1, 2020. Article 10.12 of the USMCA, like NAFTA Article 1904, provides a dispute settlement mechanism for purposes of reviewing antidumping and countervailing duty determinations issued by the United States, Canada, and Mexico. Commerce is amending its regulations to replace references to Article 1904 of NAFTA with references to Article 10.12 of the USMCA; to update outdated cross-references to Commerce's antidumping and countervailing duty regulations; update outdated notice, filing, service, and protective order procedures; and adopt other minor corrections and updates.
Manufacturing Extension Partnership Advisory Board
Document Number: 2024-03126
Type: Notice
Date: 2024-02-15
Agency: Department of Commerce, National Institute of Standards and Technology
The National Institute of Standards and Technology (NIST) announces that the Manufacturing Extension Partnership (MEP) Advisory Board will hold an open meeting on Tuesday, March 5-Wednesday March 6, 2024.
Polyethylene Retail Carrier Bags From Malaysia: Final Results of the Antidumping Duty Administrative Review; 2021-2022
Document Number: 2024-03142
Type: Notice
Date: 2024-02-15
Agency: Department of Commerce, International Trade Administration
The U.S. Department of Commerce (Commerce) determines that polyethylene retail carrier bags from Malaysia were sold in the United States at less than normal value during the period of review (POR), August 1, 2021, through July 31, 2022.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Analysis for Probabilistic and Risk Reduction Decision Support Fire Weather Services
Document Number: 2024-03190
Type: Notice
Date: 2024-02-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Petitions Related to Application and Reexamination Processing Fees
Document Number: 2024-03189
Type: Notice
Date: 2024-02-15
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0059, Patent Petitions Related to Application and Reexamination Processing Fees. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Space Weather Advisory Group Meeting
Document Number: 2024-03116
Type: Notice
Date: 2024-02-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Space Weather Advisory Group (SWAG) will meet for a full day on March 26, 2024.
North Pacific Fishery Management Council; Public Meeting
Document Number: 2024-03202
Type: Notice
Date: 2024-02-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) Scallop Plan Team will meet in Alaska.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
Document Number: 2024-03201
Type: Notice
Date: 2024-02-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The SEDAR 88 assessment of Gulf of Mexico red grouper will consist of a series of webinars. See SUPPLEMENTARY INFORMATION.
New England Fishery Management Council; Public Meetings
Document Number: 2024-03200
Type: Notice
Date: 2024-02-15
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is conducting six scoping meetings to solicit comments regarding the rang of alternatives to consider in Amendment 10 (A10) to the Atlantic Herring Fishery Management Plan to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). The Council is proposing to take action through A10 to address spatial and temporal allocation and management of Atlantic herring at the management unit level to minimize user conflicts, contribute to optimum yield and support rebuilding of the resource. The Council is also proposing to take action to enhance river herring (alewife and blueback herring) and shad (American shad and hickory shad) avoidance and other catch reduction measures to better support ongoing coastwide restoration efforts for those species. The Council is scheduling the scoping meetings in accordance with the Magnuson-Stevens Fishery Conservation and Management Act and the National Environmental Policy Act. A summary of public comments received will be provided to the Council for formal consideration and action, if appropriate.
Endangered and Threatened Wildlife and Plants: Listing the Queen Conch as Threatened Under the Endangered Species Act (ESA)
Document Number: 2024-02966
Type: Rule
Date: 2024-02-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, NMFS, are listing the queen conch (Aliger gigas, formerly known as Strombus gigas) as a threatened species under the Endangered Species Act (ESA). We have completed a review of the status of queen conch, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since the publication of the proposed rule. Based on all of this information, we have determined that the queen conch is not currently in danger of extinction throughout all or a significant portion of its range, but is likely to become so within the foreseeable future. Thus, we are listing the queen conch as a threatened species under the ESA. At this time, we conclude that critical habitat is not yet determinable because data sufficient to perform the required analysis are lacking; any critical habitat designation would be proposed in a separate, future rulemaking.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Empire Wind Project, Offshore New York
Document Number: 2024-01363
Type: Rule
Date: 2024-02-14
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS promulgates regulations to govern the incidental taking of marine mammals incidental to Empire Offshore Wind, LLC (Empire Wind), a 50-50 partnership between Equinor, ASA (Equinor) and BP p.l.c., during the construction of an offshore wind energy project (the Project) in Federal and State waters off of New York, specifically within the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Area (OCS-A-512) (referred to as the Lease Area) and along two export cable routes to sea-to-shore transition points (collectively, the Project Area), over the course of 5 years (February 22, 2024, through February 21, 2029). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during specific construction related activities within the Project Area during the effective dates of the regulations, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking. Upon publication of this final rule and within 30 days, NMFS will issue a LOA to Empire Wind for the effective period of the final rule.
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