, 21749-21771 [2010-8930]

Download as PDF Monday, April 26, 2010 Part IV Department of Commerce erowe on DSK5CLS3C1PROD with PROPOSALS Semiannual Regulatory Agenda VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26APP4.SGM 26APP4 21750 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DEPARTMENT OF COMMERCE (DOC) 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 2010 Semiannual Agenda of Regulations Office of the Secretary, Commerce. AGENCY: ACTION: Semiannual regulatory agenda. SUMMARY: In compliance with Executive Order 12866, entitled ‘‘Regulatory Planning and Review,’’ and the Regulatory Flexibility Act, as amended, the Department of Commerce (Department), in the spring and fall of each year, publishes in the Federal Register an agenda of regulations under development of review over the next 12 months. Rulemaking actions are grouped according to prerulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the fall 2009 agenda. The purpose of the agenda is to provide information to the public on regulations currently under review, being proposed, or issued by the Department. The agenda is intended to facilitate comments and views by interested members of the public. The Department’s spring 2010 regulatory agenda includes regulatory activities that are expected to be conducted during the period April 1, 2010, through March 31, 2011. erowe on DSK5CLS3C1PROD with PROPOSALS 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 Tricia Choe, Acting Chief Counsel for Regulation, Office of the Assistant General Counsel for Legislation and Regulation, U.S. Department of Commerce, Washington, DC 20230; telephone: 202-482-3151. VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Executive Order 12866 requires agencies to publish an agenda of those regulations that are under consideration pursuant to this order. By memorandum of January 15, 2010, the Office of Management and Budget issued guidelines and procedures for the preparation and publication of the spring 2010 Unified Agenda of Federal Regulatory and Deregulatory Actions. The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 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 agenda also identifies those entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. In addition, beginning with the fall 2007 edition, the Internet became the basic means for disseminating the Unified Agenda. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), the Department of 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 United Agenda published on the Internet. In addition, for fall editions of the Agenda, the entire Regulatory Plan will continue to be printed in the Federal Register, as in past years, including the Department of Commerce’s Regulatory Plan. Within the Department, the Office of the Secretary and various operating units may issue regulations. Operating SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 units, such as the National Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry and Security, and the Patent and Trademark Office issue the greatest share of the Department’s regulations. A large number of regulatory actions reported in the agenda deal with fishery management programs of NOAA’s National Marine Fisheries Service (NMFS). To avoid repetition of programs and definitions, as well as to provide some understanding of the technical and institutional elements of the NMFS programs, an ‘‘Explanation of Information Contained in NMFS Regulatory Entries’’ is provided below. Explanation of Information Contained in NMFS Regulatory Entries The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (the Act) governs the management of fisheries within the Exclusive Economic Zone (EEZ). The EEZ refers to those waters from the outer edge of the State boundaries, generally 3 nautical miles, to a distance of 200 nautical miles. Fishery Management Plans (FMPs) are to be prepared for fisheries that require conservation and management measures. Regulations implementing these FMPs regulate domestic fishing and foreign fishing where permitted. Foreign fishing may be conducted in a fishery in which there is no FMP only if a preliminary fishery management plan has been issued to govern that foreign fishing. Under the Act, eight Regional Fishery Management Councils (Councils) prepare FMPs or amendments to FMPs for fisheries within their respective areas. In the development of such plans or amendments and their implementing regulations, the Councils are required by law to conduct public hearings on the draft plans and to consider the use of alternative means of regulating. The Council process for developing FMPs and amendments makes it difficult for NMFS to determine the significance and timing of some regulatory actions under consideration by the Councils at the time the semiannual regulatory agenda is published. The Department’s spring 2010 regulatory agenda follows. Cameron F. Kerry, General Counsel. E:\FR\FM\26APP4.SGM 26APP4 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 21751 DOC International Trade Administration—Long-Term Actions Sequence Number Title Regulation Identifier Number 50 Commercial Availability of Fabric and Yarn .................................................................................................................. 0625–AA59 National Oceanic and Atmospheric Administration—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 51 52 Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery ........................................ American Lobster Fishery; Fishing Effort Control Measures To Complement Interstate Lobster Management Recommendations by the Atlantic States Marine Fisheries Commission ......................................................................... South Atlantic Fishery Ecosystem Plan Comprehensive Amendment ......................................................................... Collection and Use of Tax Identification Numbers From Holders of and Applicants for National Marine Fisheries Service Permits ............................................................................................................................................................ Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan ... Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands .......................................................................................................................................................................... Marine Mammal Protection Act Stranding Regulation Revisions ................................................................................. Amendment 4 to the Atlantic Herring Fishery Management Plan ................................................................................ Allowable Modifications to the Turtle Excluder Device (TED) Requirements ............................................................... Regulatory Amendment To Correct and Clarify Amendment 13 and Subsequent Frameworks of the Northeast Multispecies Fishery Management Plan ...................................................................................................................... Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan ............................................... Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Arbitration Regulations .................................................................................................................................................... Salmon Bycatch Reduction Management Measures for the Fishery Management Plan 91 in the Bering Sea Aleutian Islands ................................................................................................................................................................... Revoke Inactive Quota Share and Annual Individual Fishing Quota From a Holder of Quota Share Under the Pacific Halibut and Sablefish Fixed Gear Individual Fishing Quota Program ................................................................. 2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures ....................................... Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting Mothership Fishery in the Pacific Coast Groundfish Fishery ..................................................................................................................................... Fisheries of the Caribbean, Gulf of Mexico, South Atlantic; Gulf of Mexico Fisheries; Generic Amendment for Annual Catch Limits ......................................................................................................................................................... Regulatory Amendment To Revise Charter Halibut Logbook Submission Requirements ........................................... Addendum IV to the Weakfish Interstate Management Plan—Bycatch Trip Limit ....................................................... Framework 21 to the Atlantic Sea Scallop Fishery Management Plan ........................................................................ Fishery Management Plan Amendment 95 for Skates Management in the Groundfish Fisheries of the Bering Sea and Aleutian Islands .................................................................................................................................................... Amendment 2; Fishery Management Plan for Queen Conch Fishery of Puerto Rico and U.S. Virgin Islands, and Amendment 5; Reef Fish Fishery Management Plan of Puerto Rico and U.S. Virgin Islands .................................. Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Interim 2010 Tribal Whiting Regulations .......... Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures ............................... Marine Mammal Protection Act Permit Regulation Revisions ...................................................................................... Take and Import Marine Mammals: Proposed Rule for Take of Marine Mammals Incidental to Routine Operations of 13 Power Generating Stations in Central and Southern California ........................................................................ Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries ................................................................................................ 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 0648–AR63 0648–AT31 0648–AV31 0648–AV76 0648–AW11 0648–AW15 0648–AW22 0648–AW75 0648–AW93 0648–AW95 0648–AX05 0648–AX47 0648–AX89 0648–AX91 0648–AY04 0648–AY17 0648–AY22 0648–AY38 0648–AY41 0648–AY43 0648–AY48 0648–AY55 0648–AY59 0648–AY60 0648–AV82 0648–AW59 0648–AY61 erowe on DSK5CLS3C1PROD with PROPOSALS National Oceanic and Atmospheric Administration—Final Rule Stage Regulation Identifier Number Sequence Number Title 78 Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch of Protected Living Marine Resources .................................................................................................................................................................... Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Environmental Review Procedure .................................................................................................................................................................... Revise Regulations Governing the North Pacific Groundfish Observer Program ........................................................ 79 80 VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\26APP4.SGM 26APP4 0648–AV51 0648–AV53 0648–AW24 21752 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC National Oceanic and Atmospheric Administration—Final Rule Stage (Continued) Regulation Identifier Number Sequence Number Title 81 82 83 84 85 86 87 Amendment 3 to the Northeast Skate Complex Fishery Management Plan ................................................................ Atlantic Highly Migratory Species; Atlantic Shark Management Measures .................................................................. Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico ...................... Snapper-Grouper Fishery Management Plan of the South Atlantic ............................................................................. Framework Adjustment 44 and Specifications for the Northeast Multispecies Fishery Management Plan ................. FY 2010 Atlantic Deep-Sea Red Crab Specifications .................................................................................................. Provide Regulations for Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a Captive Marine Mammal Inventory .................................................................................. Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act ............................................................................................................................................... Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct Population Segment of North American Green Sturgeon ........................................................................................................................................... Taking and Importing Marine Mammals; U.S. Naval Surface Warfare Center Panama City Division Mission Activities ............................................................................................................................................................................... Rule To Revise the Critical Habitat Designation for the Endangered Leatherback Sea Turtle ................................... Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act .................................. Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Training Operations Conducted Within the Gulf of Mexico Range Complex .................................................................................... 88 89 90 91 92 93 0648–AW30 0648–AW65 0648–AX67 0648–AX75 0648–AY29 0648–AY51 0648–AH26 0648–AV15 0648–AV94 0648–AW80 0648–AX06 0648–AX50 0648–AX86 National Oceanic and Atmospheric Administration—Long-Term Actions Sequence Number Title Regulation Identifier Number 94 95 Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico .................................. Amendment 5 to the Atlantic Herring Fishery Management Plan ................................................................................ 0648–AS65 0648–AY47 National Oceanic and Atmospheric Administration—Completed Actions Regulation Identifier Number Sequence Number Title 96 97 Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries ..................................................................... Modifying Maximum Retainable Amounts (MRAs) for Selected Groundfish Species Caught by the Non-American Fishing Act Trawl Catcher Processor Sector .............................................................................................................. Initial Implementation of the Western and Central Pacific Fisheries Convention Implementation Act ........................ Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to the Pelagics Fishery Management Plan; Shallow-Set Longline Swordfish Fishery ............................................................................................. Halibut Charter Vessel Moratorium ............................................................................................................................... Atlantic Highly Migratory Species; 2009 North and South Atlantic Commercial Quotas ............................................. Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico ............................. Western and Central Pacific Fisheries for Highly Migratory Species; Implementation of the Longline Catch Limits Adopted at the Fifth Session of the Western and Central Pacific Fisheries Commission .......................................... Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Data Collection for the Trawl Rationalization Program ....................................................................................................................................................................... Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan ....................................... Fishing Restrictions in the Longline and Purse Seine Fisheries in the Eastern Pacific Ocean in 2009, 2010, and 2011 ............................................................................................................................................................................. 2010 Atlantic Mackerel, Squid, and Butterfish Fishery Specifications and Management Measures ........................... 2010 Pacific Halibut Fisheries; Catch Sharing Plan ..................................................................................................... Harbor Porpoise Take Reduction Plan Regulations ..................................................................................................... 98 99 100 101 102 103 104 erowe on DSK5CLS3C1PROD with PROPOSALS 105 106 107 108 109 110 VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 1254 Sfmt 1254 E:\FR\FM\26APP4.SGM 26APP4 0648–AS71 0648–AV32 0648–AV63 0648–AW12 0648–AW49 0648–AW92 0648–AX07 0648–AX39 0648–AX59 0648–AX98 0648–AY00 0648–AY08 0648–AY13 0648–AY31 0648–AW51 21753 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC Patent and Trademark Office—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 111 112 Revision of USPTO Fees for Fiscal Year 2011 ............................................................................................................ Revision of USPTO Fees for Fiscal Year 2012 ............................................................................................................ 0651–AC43 0651–AC44 Patent and Trademark Office—Final Rule Stage Sequence Number Title Regulation Identifier Number 113 Interim Increase on Patent Fees for Fiscal Year 2011 ................................................................................................. 0651–AC42 Patent and Trademark Office—Completed Actions Regulation Identifier Number Sequence Number Title 114 115 Examination of Patent Applications That Include Claims Containing Alternative Language ....................................... Fiscal Year 2009 Revision of Request for Continued Examination, 18-Month Publication, and Other Miscellaneous Cost-Recovery Patent Fees ........................................................................................................................................ Department of Commerce (DOC) International Trade Administration (ITA) erowe on DSK5CLS3C1PROD with PROPOSALS 50. COMMERCIAL AVAILABILITY OF FABRIC AND YARN Legal Authority: PL 106–200, sec 112(b)(5)(B); PL 106–200, sec 211; EO 13191; PL 107–210, sec 3103 Abstract: This rule implements certain provisions of the Trade and Development Act of 2000 (the Act). Title I of the Act (the African Growth and Opportunity Act or AGOA), title II of the Act (the United StatesCaribbean Basin Trade Partnership Act or CBTPA), and title XXXI of the Trade Act of 2002 (the Andean Trade Promotion and Drug Eradication Act or ATPDEA) provide for quota- and dutyfree treatment for qualifying apparel products from designated beneficiary countries. AGOA and CBTPA authorize quota- and duty-free treatment for apparel articles that are both cut (or knit-to-shape) and sewn or otherwise VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Frm 00005 0651–AC29 Long-Term Actions assembled in one or more designated beneficiary countries from yarn or fabric that is not formed in the United States or a beneficiary country, provided it has been determined that such yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner. The President has delegated to the Committee for the Implementation of Textile Agreements (the Committee), which is chaired by the Department of Commerce, the authority to determine whether yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner under the AGOA, the ATPDEA, and the CBTPA, and has authorized the Committee to extend quota- and dutyfree treatment to apparel of such yarn or fabric. The rule provides the procedure for interested parties to PO 00000 0651–AC00 Fmt 1254 Sfmt 1254 submit a request alleging that a yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner, the procedure for public comments, and relevant factors that will be considered in the Committee’s determination. The rule also outlines the factors to be considered by the Committee in extending quota- and duty-free treatment. Timetable: Action Date NPRM To Be Determined FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Janet Heinzen Phone: 202 482–4006 Email: janetlheinzen@ita.doc.gov RIN: 0625–AA59 E:\FR\FM\26APP4.SGM 26APP4 21754 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) NATIONAL MARINE FISHERIES SERVICE 51. MAXIMIZE RETENTION AND MONITORING PROGRAM IN THE SHORE–BASED PACIFIC WHITING FISHERY Legal Authority: 16 USC 1801 et seq erowe on DSK5CLS3C1PROD with PROPOSALS Abstract: The Pacific Fishery Management Council (Pacific Council) at their October 21-25, 1996, meeting in San Francisco, California addressed the treatment and disposition of salmon in the groundfish trawl fisheries, specifically the shore-based whiting fishery. At that meeting, the Pacific Council discussed the retention of salmon in the shore-based whiting fishery and took action to maintain a viable shore-based whiting fishery by using exempted fishing permits (EFPs). These EFPs allowed the shore-based whiting fleet to temporarily deliver unsorted catch to processing plants and provided for the monitoring of incidentally taken salmon until a permanent monitoring program could be implemented. In keeping with the Pacific Council’s recommendation, NMFS is proceeding with implementing a monitoring program for the shore-based whiting fishery. This action will aid in the sustainable management of Pacific Coast salmon and groundfish fisheries while providing an important economic opportunity to those associated with the harvest, processing, and selling of whiting taken by the shore-based whiting fleet. The need for implementing a permanent monitoring program in the shore-based Pacific whiting fishery is to provide for a full retention fishery by enabling the shorebased whiting fleet, comprised exclusively of catcher vessels, to deliver unsorted catch to processing plants. This practice is necessary to ensure that whiting landings are of market quality, while abiding by Federal groundfish regulations and those implementing the Pacific Coast salmon and groundfish fishery management plans (FMPs). Timetable: Action Date NPRM NPRM Comment Period End FR Cite 05/00/10 07/00/10 Regulatory Flexibility Analysis Required: Yes VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Proposed Rule Stage Agency Contact: Barry Thom, Regional Administrator, Northwest Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, Building 1, 7600 Sand Point Way NE., Seattle, WA 48115–0070 Phone: 206 526–6150 Fax: 206 526–6426 Email: barry.thom@noaa.gov RIN: 0648–AR63 52. AMERICAN LOBSTER FISHERY; FISHING EFFORT CONTROL MEASURES TO COMPLEMENT INTERSTATE LOBSTER MANAGEMENT RECOMMENDATIONS BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION Legal Authority: 16 USC 5101 et seq Abstract: The National Marine Fisheries Service announces that it is considering, and seeking public comment on, revisions to Federal American lobster regulations for the Exclusive Economic Zone (EEZ) associated with effort control measures as recommended for Federal implementation by the Atlantic States Marine Fisheries Commission (ASFMC), as outlined in the Interstate Fishery Management Plan (ISFMP) for American Lobster. This action will evaluate effort control measures in certain Lobster Conservation Management Areas including: limits on future access based on historic participation criteria; procedures to allow trap transfers among qualifiers and impose a trap reduction or conservation tax on any trap transfers; and a trap reduction schedule to meet the goals of the ISFMP. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM FR Cite 05/10/05 70 FR 24495 06/09/05 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AT31 PO 00000 Frm 00006 Fmt 1254 Sfmt 1254 53. SOUTH ATLANTIC FISHERY ECOSYSTEM PLAN COMPREHENSIVE AMENDMENT Legal Authority: 16 USC 1801 et seq Abstract: The purpose of this action is to develop an ecosystem-based approach to resource management. The South Atlantic Council plans to develop a Fishery Ecosystem Plan (FEP) Comprehensive Amendment, which would modify all its Fishery Management Plans (FMPs). The initial amendment would include the following: (1) Various actions to comply with new essential fish habitat requirements; (2) establishment of deep water coral Habitat Areas of Particular Concern, with gear limitations, such as the establishment of allowable trawl areas; and (3) other possible actions necessary to implement ecosystembased fishery management. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AV31 54. COLLECTION AND USE OF TAX IDENTIFICATION NUMBERS FROM HOLDERS OF AND APPLICANTS FOR NATIONAL MARINE FISHERIES SERVICE PERMITS Legal Authority: 31 USC 7701; 16 USC 1801 et seq; 16 USC 1361 et seq; 16 USC 1531 et seq Abstract: In conformance with the Debt Collection Improvement Act of 1996 (Debt Collection Act), the National Marine Fisheries Service (NMFS) will issue a rule to require that each existing holder of and future applicant for a permit, license, endorsement, authorization, transfer or like instrument issued by the agency provide a Taxpayer Identification Number (TIN) (business, employer identification number or individual, E:\FR\FM\26APP4.SGM 26APP4 21755 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage social security number) and Date of Incorporation or Date of Birth, as appropriate. Under the Debt Collection Act, NMFS is required to collect the TIN to report on and collect any delinquent non-tax debt owed to the Federal Government. NMFS plans to use Date of Incorporation or Date of Birth information for administrative aspects of permitting procedures with appropriate confidentiality safeguards pursuant to the Privacy Act. The rule will specify: (a) The particular uses that may be made of the reported TIN; (b) the effects, if any, of not providing the required information; (c) how the information will be used to ascertain if the permit holder or applicant owes delinquent non-tax debt to the Government pursuant to the Debt Collection Act; (d) the effects on the permit holder or applicant when such delinquent debts are owed; and (e) the agency’s intended communications with the permit holder or applicant regarding the relationship of such delinquent debts to its permitting process and the need to resolve such debts as a basis for completing permit issuance or renewal. The rule will amend existing agency permit regulations and contain all appropriate modified and new collections-ofinformation pursuant to the Paperwork Reduction Act. Timetable: Action Date NPRM FR Cite 05/00/10 erowe on DSK5CLS3C1PROD with PROPOSALS Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, Room 13362, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2334 Fax: 301 713–0596 Email: alan.risenhoover@noaa.gov RIN: 0648–AV76 55. AMENDMENT 17 TO THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL SNAPPER GROUPER FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 Abstract: Amendment 17 is intended to establish management reference points (MSY, OY) for red snapper; establish a rebuilding plan (rebuilding VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 timeframe and rebuilding strategy) for red snapper; specify Annual Catch Limits (ACL), Annual Catch Targets (ACT), and Accountability Measures (AM) for 10 species undergoing overfishing; and modify management measures to ensure future catch is equal to or below the ACL. Action Date NPRM NPRM Comment Period End FR Cite 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AW11 56. AMENDMENT 2 TO THE FISHERY MANAGEMENT PLAN FOR THE QUEEN CONCH FISHERY OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS Legal Authority: 16 USC 1801 Abstract: St. Croix queen conch landings by commercial fishermen alone have exceeded sustainable harvest levels since the 2000-2001 fishing season. In 2005-2006, the commercial harvest was over four times sustainable levels. Additionally, there is an unknown but significant recreational harvest. Overfishing of queen conch has led to resource collapse in other regions and in some cases, long-term resource loss. According to the NMFS Report on the Status of the U.S. Fisheries for 2006, queen conch is overfished and undergoing overfishing. Under current fishing practices, reductions in mortality are not expected to be sufficient in the queen conch fishery. Without a reduction in mortality, queen conch are not expected to achieve the rebuilding goals established in the Sustainable Fisheries Amendment of 2005. Therefore, a change in fishing practices is needed to help achieve the necessary reductions in queen conch fishing mortality. Frm 00007 Action Date Notice of Intent NPRM NPRM Comment Period End Final Action FR Cite 10/11/07 72 FR 58057 05/00/10 06/00/10 08/00/10 Regulatory Flexibility Analysis Required: Yes Timetable: PO 00000 Timetable: Fmt 1254 Sfmt 1254 Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AW15 57. MARINE MAMMAL PROTECTION ACT STRANDING REGULATION REVISIONS Legal Authority: 16 USC 1379; 16 USC 1382; 16 USC 1421 Abstract: The National Marine Fisheries Service (NMFS) is considering proposing changes to its implementing regulations (50 CFR 216) governing the taking of stranded marine mammals under section 109(h), section 112(c), and title IV of the Marine Mammal Protection Act and is soliciting public comment to better inform the process. NMFS intends to clarify the requirements and procedures for responding to stranded marine mammals and for determining the disposition of rehabilitated marine mammals, which includes the procedures for the placement of nonreleasable animals and for authorizing the retention of releasable rehabilitated marine mammals for scientific research, enhancement, or public display. This action will be analyzed under the National Environmental Policy Act with an Environmental Assessment. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM FR Cite 01/31/08 73 FR 5786 03/31/08 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: David Cottingham, Department of Commerce, National Oceanic and Atmospheric E:\FR\FM\26APP4.SGM 26APP4 21756 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 Fax: 301 713–2521 Email: david.cottingham@noaa.gov RIN: 0648–AW22 Date erowe on DSK5CLS3C1PROD with PROPOSALS Notice of Intent Notice of Intent Comment Period End NPRM FR Cite 05/08/08 73 FR 26082 06/30/08 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Action 59. ALLOWABLE MODIFICATIONS TO THE TURTLE EXCLUDER DEVICE (TED) REQUIREMENTS Legal Authority: 16 USC 1531 et seq Abstract: NMFS proposes to revise the TED requirements to allow new materials and modifications to existing approved TED designs. Specifically, proposed allowable modifications include the use of flat bar, box pipe, and oval pipe for use in currentlyapproved TED grids; an increase in mesh size on escape flaps from 1-5/8 inches to 2 inches; the use of the Boone single straight cut and triangular escape openings; specifications on the use of TED grid brace bars; and the use of the Chauvin Shrimp Kicker to improve shrimp retention. Timetable: Action Date NPRM FR Cite 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Michael Barnette, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 551–5794 Email: michael.barnette@noaa.gov RIN: 0648–AW93 Date NPRM RIN: 0648–AW75 58. AMENDMENT 4 TO THE ATLANTIC HERRING FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: The goal of Amendment 4 is to improve catch monitoring and ensure compliance with the Reauthorized Magnuson-Stevens Fishery Conservation and Management Act (MSRA). The management measures developed in this amendment may address one or more of the following objectives: (1) To implement measures to improve the long-term monitoring of catch (landings and bycatch) in the herring fishery; (2) to implement annual catch limits and accountability measures consistent with the MSRA; (3) to implement other management measures as necessary to ensure compliance with the new provisions of the MSRA; (4) to develop a sector allocation process or other limited access privilege program for the herring fishery; and (5) in the context of objectives 1-4 (above), to consider the health of the herring resource and the important role of herring as a forage fish and a predator fish throughout its range. The New England Fishery Management Council will develop conservation and management measures to address the issues identified above and meet the goals/objectives of the amendment. Any conservation and management measures developed in this amendment also must comply with all applicable laws. Timetable: Action Timetable: 05/00/10 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AW95 61. AMENDMENT 11 TO THE ATLANTIC MACKEREL, SQUID, BUTTERFISH FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: Amendment 11 may consider: (1) Limited access in the Atlantic mackerel (mackerel) fishery; (2) implementation of annual catch limits (ACLs) and accountability measures (AMs) for mackerel and butterfish required under the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA); (3) updating of the description and identification of essential fish habitat (EFH) for all life stages of mackerel, Loligo squid, Illex squid, and butterfish (including gear impacts on Loligo squid egg EFH); and (4) possible limitations on at-sea processing of mackerel. Timetable: 60. REGULATORY AMENDMENT TO CORRECT AND CLARIFY AMENDMENT 13 AND SUBSEQUENT FRAMEWORKS OF THE NORTHEAST MULTISPECIES FISHERY MANAGEMENT PLAN Action Legal Authority: 16 USC 1801 et seq Regulatory Flexibility Analysis Required: Yes Abstract: This action would make corrections and clarifications to the final rule implementing Amendment 13 to the Northeast Multispecies Fishery Management Plan, as well as subsequent groundfish actions. These corrections are administrative in nature and are intended to correct inaccurate references and other inadvertent errors and to clarify specific regulations to maintain consistency with the intent of Amendment 13 and subsequent actions. PO 00000 Frm 00008 Fmt 1254 Sfmt 1254 Date Notice of Intent Notice of Intent Comment Period End NPRM FR Cite 08/11/08 73 FR 46590 09/10/08 05/00/10 Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AX05 E:\FR\FM\26APP4.SGM 26APP4 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA 21757 Proposed Rule Stage Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: doug.mecum@noaa.gov delivering to motherships, or CDQ entities): fish under a lower Chinook salmon cap or participate in an incentive program and fish under a higher cap. Under the first option, the fleet as a whole may choose to fish under a transferable cap of 47,591 Chinook salmon, which would be allocated by season and sector. Once each sector reaches its specific cap, it would be prohibited from continuing to fish for pollock for the remainder of the season. Alternatively, vessels or CDQ entities may choose to participate in private contracts called incentive plan agreements (IPA) which would describe how participants would maintain low bycatch even when their bycatch levels are well below the hard cap approved. Those vessels or CDQ entities participating in an IPA would be allocated a transferable share of up to 60,000 Chinook salmon. This cap would be reduced for any vessels or CDQ entities not participating in an IPA and those vessels and CDQ entities would fish under a lower, nontransferable cap. In addition to the annual cap levels, if any sector operating under an IPA exceeds its proportion of 47,591 Chinook salmon three times in any seven-year period, the sector’s maximum bycatch limit will be permanently reduced to its proportional share of the 47,591 cap. If the FMP amendments and proposed rule are approved, fishing under the new Chinook salmon bycatch management measures would start in 2011. 64. REVOKE INACTIVE QUOTA SHARE AND ANNUAL INDIVIDUAL FISHING QUOTA FROM A HOLDER OF QUOTA SHARE UNDER THE PACIFIC HALIBUT AND SABLEFISH FIXED GEAR INDIVIDUAL FISHING QUOTA PROGRAM Legal Authority: 16 USC 1801 et seq; 16 USC 773 (Halibut Act) Abstract: This action would amend existing commercial fishing regulations for the fixed-gear Pacific Halibut and sablefish individual fishing quota program at 50 CFR 679. The amendment would revoke inactive quota share unless the quota share permit holder affirmatively notices NMFS in writing within 60 days of the agency’s preliminary determination of inactivity that they choose to (a) retain the inactive IFQ quota share, (b) activate the quota share through transfer or by fishing, or (c) appeal the preliminary determination. Quota share that is not activated through this process and is revoked would be proportionally distributed to the quota share pool. This regulatory revision is based on the recommendations of the North Pacific Fishery Management Council in June 2006 and again in February 2009. Amending the regulations would improve the efficiency of the Pacific Halibut and Sablefish IFQ program and augment operational flexibility of participating fisherman. Timetable: RIN: 0648–AX47 Timetable: NPRM NPRM Comment Period End Final Rule 62. AMENDMENT 30 TO THE FISHERY MANAGEMENT PLAN FOR BERING SEA AND ALEUTIAN ISLANDS KING AND TANNER CRABS ARBITRATION REGULATIONS Legal Authority: 16 USC 1862; PL 109–241; PL 109–479 Abstract: The proposed action would implement Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs to make minor modifications to the arbitration system used to settle price and other disputes among harvesters and processors in the Bering Sea/Aleutian Islands crab rationalization program. Timetable: Action Date NPRM Notice of Availability NPRM Comment Period End Notice of Availability Comment Period End Final Rule FR Cite 05/00/10 05/00/10 06/00/10 07/00/10 11/00/10 Regulatory Flexibility Analysis Required: Yes Action 63. SALMON BYCATCH REDUCTION MANAGEMENT MEASURES FOR THE FISHERY MANAGEMENT PLAN 91 IN THE BERING SEA ALEUTIAN ISLANDS erowe on DSK5CLS3C1PROD with PROPOSALS Legal Authority: 16 USC 1801 et seq; 16 USC 3631 et seq; 16 USC 773 et seq; PL 108–447 Abstract: This fishery management plan amendment and rulemaking will implement the North Pacific Fishery Management Council’s recommendations for management measures to minimize to the extent practicable Chinook salmon bycatch in the Bering Sea pollock fishery. These management measures provide two options for the pollock sectors (e.g., inshore catcher vessels, offshore catcher-processors, catcher vessels VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Date Notice of Availability NPRM Notice of Availability Comment Period End NPRM Comment Period End Final Rule FR Cite 02/18/10 75 FR 7228 03/23/10 75 FR 14016 04/19/10 05/07/10 11/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: doug.mecum@noaa.gov RIN: 0648–AX89 PO 00000 Frm 00009 Fmt 1254 Sfmt 1254 Action Date FR Cite 05/00/10 06/00/10 11/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: doug.mecum@noaa.gov RIN: 0648–AX91 65. 2010 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS RECREATIONAL MANAGEMENT MEASURES Legal Authority: 16 USC 1801 E:\FR\FM\26APP4.SGM 26APP4 21758 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage Abstract: This action will propose and implement the 2010 recreational management measures (minimum fish size, fishing seasons, and possession limits) for the summer flounder, scup, and black sea bass fisheries. Timetable: Action Date NPRM NPRM Comment Period End 05/00/10 06/00/10 66. MAXIMIZED RETENTION MONITORING PROGRAM FOR CATCHER VESSELS IN THE PACIFIC WHITING MOTHERSHIP FISHERY IN THE PACIFIC COAST GROUNDFISH FISHERY Legal Authority: 16 USC 1801 Abstract: The action would implement a monitoring program for catcher vessels in the mothership sector of the Pacific whiting fishery off the coast of Washington, Oregon, and California. The monitoring program would consist of a camera and other sensors to monitor fishing activity in order to maintain the integrity of the maximized retention requirements found at 50 CFR 660.306 (f)(7). Maximized retention encourages full retention of all catch while allowing minor discard events to occur. This ensures that unsorted catch is available for observers to monitor on board the mothership processors and thereby maintains the integrity of data collected under the observer program. Timetable: erowe on DSK5CLS3C1PROD with PROPOSALS Date NPRM NPRM Comment Period End FR Cite 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Frank Lockhart, Program Analyst, Department of Commerce, National Oceanic and VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Abstract: Clarifies and revises the charter halibut logbook submission requirements at 50 CFR part 300 to better match the submission schedule and reporting format of the Alaska Department of Fish and Game saltwater charter logbook. Timetable: FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AY04 Action Atmospheric Administration, 7600 Sand Point Way NE., Seattle, WA 98115 Phone: 206 526–6142 Fax: 206 526–6736 Email: frank.lockhart@noaa.gov RIN: 0648–AY17 67. FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, SOUTH ATLANTIC; GULF OF MEXICO FISHERIES; GENERIC AMENDMENT FOR ANNUAL CATCH LIMITS Legal Authority: 16 USC 1801 Abstract: The generic amendment is intended to modify five of the Council’s Fishery Management Plan (FMPs). These include FMPs for: Reef Fish Resources, Shrimp, Stone Crab, Coral and Coral Reef Resources, and Red Drum. NMFS and the Council will develop these Annual Catch Limits (ACLs) in co-operation with the Scientific and Statistical Committee and the Southeast Fisheries Science Center. NMFS, in collaboration with the Council, will develop a DEIS to evaluate alternatives and actions for the ACLs. Some examples of these actions include: establishing sector specific ACLs, selecting levels of risk associated with species yields, considering removal or withdrawal of species from FMPs, and delegating species or species assemblages to state regulators. Timetable: Action Date Notice of Intent NPRM NPRM Comment Period End FR Cite 08/04/09 74 FR 47206 11/00/10 12/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AY22 68. ∑ REGULATORY AMENDMENT TO REVISE CHARTER HALIBUT LOGBOOK SUBMISSION REQUIREMENTS Legal Authority: 16 USC 2431 et seq; 31 USC 9701 et seq PO 00000 Frm 00010 Fmt 1254 Sfmt 1254 Action Date NPRM NPRM Comment Period End FR Cite 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: doug.mecum@noaa.gov RIN: 0648–AY38 69. ∑ ADDENDUM IV TO THE WEAKFISH INTERSTATE MANAGEMENT PLAN—BYCATCH TRIP LIMIT Legal Authority: 16 USC 5101 Abstract: NMFS takes this action to modify management restrictions in the Federal weakfish fishery in a manner consistent with the Commission’s Weakfish Management Board’s (Board) approved Addendum IV to Amendment 4 to the ISFMP for Weakfish. In short, the proposed Federal regulatory change would decrease the incidental catch allowance for weakfish in the EEZ in non-directed fisheries using smaller mesh sizes, from 150 pounds to no more than 100 pounds per day or trip, whichever is longer in duration. In addition it would impose a one fish possession limit on recreational fishers. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alan Risenhoover, Director, Office of Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, Room 13362, 1315 E:\FR\FM\26APP4.SGM 26APP4 21759 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2334 Fax: 301 713–0596 Email: alan.risenhoover@noaa.gov RIN: 0648–AY41 70. ∑ FRAMEWORK 21 TO THE ATLANTIC SEA SCALLOP FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: Framework Adjustment 21 to the Atlantic Sea Scallop Fishery Management Plan (Framework 21) will set specifications for the 2010 scallop fishing year, which begins March 1, 2010, including adjustments to the total allowable catch, days-at-sea (DAS) allocations, scallop access area rotation schedule, and access area trip allocations. This framework is for a single year because the Council is working on Amendment 15, which will establish a process for implementing annual catch limits that are required to be in place in 2011 for the scallop fishery. Framework 21 must also comply with the requirements of the March 14, 2008 (amended February 5, 2009), Biological Opinion completed for the Atlantic Sea Scallop fishery, which requires the amount of allocated scallop fishing effort by limited access DAS scallop vessels that can be used in the Mid-Atlantic to be limited during the time of year when sea turtle distribution overlaps with scallop fishing activity. In addition, Framework 21 considers minor adjustments to the limited access general category individual fishing quota program, scheduled to be implemented March 1, 2010, and the observer set-aside program. Timetable: Action Date erowe on DSK5CLS3C1PROD with PROPOSALS NPRM NPRM Comment Period End FR Cite 12:19 Apr 23, 2010 Action Date NPRM NPRM Comment Period End Final Action FR Cite 05/00/10 06/00/10 11/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: doug.mecum@noaa.gov RIN: 0648–AY48 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AY43 VerDate Nov<24>2008 71. ∑ FISHERY MANAGEMENT PLAN AMENDMENT 95 FOR SKATES MANAGEMENT IN THE GROUNDFISH FISHERIES OF THE BERING SEA AND ALEUTIAN ISLANDS Legal Authority: 16 USC 773 et seq; PL 108–447; PL 106–31; PL 106–554; PL 109–479; PL 105–277; 16 USC 1801; 16 USC 1540 Abstract: NMFS proposes regulations to implement Amendment 95 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, Amendment 95 would move skates from the ‘‘other species’’ category to the target species list in the FMP. By listing skates as target species, a directed fishery for skates in the Bering Sea and Aleutian Islands Management Area (BSAI) may be managed to reduce the potential for overfishing skates. This proposed action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws. Timetable: Jkt 220001 72. ∑ AMENDMENT 2; FISHERY MANAGEMENT PLAN FOR QUEEN CONCH FISHERY OF PUERTO RICO AND U.S. VIRGIN ISLANDS, AND AMENDMENT 5; REEF FISH FISHERY MANAGEMENT PLAN OF PUERTO RICO AND U.S. VIRGIN ISLANDS Legal Authority: 16 USC 1801 Abstract: The Magnuson-Stevens Fishery Conservation and Management Act (MSRA: Pub. L. 94-265), as amended through January 12, 2007, requires the establishment of annual PO 00000 Frm 00011 Fmt 1254 Sfmt 1254 catch limits (ACLs) and accountability measures (AMs) during 2010 for all species that are considered to be overfished or undergoing overfishing. The present amendment is being promulgated to meet those MSRA mandates as well as to establish framework procedures with which to effect future changes to the management plan and to restructure the fisheries management units for grouper and snapper. Various alternatives are included in the draft amendment, including maintenance of the status quo for each action as well as various alternatives regarding the yearsequences used to establish ALCs and the strategies to be employed to account for overages and to respond to needed changes in management methods. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AY55 73. ∑ FISHERIES OFF WEST COAST STATES; PACIFIC COAST GROUNDFISH FISHERY; INTERIM 2010 TRIBAL WHITING REGULATIONS Legal Authority: 16 USC 1801 et seq Abstract: NMFS takes this action to establish an interim 2010 tribal whiting allocation, reporting and closure regulations, and refine existing regulations on tribal whiting reapportionment. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 03/12/10 75 FR 11829 04/02/10 05/00/10 Regulatory Flexibility Analysis Required: Yes E:\FR\FM\26APP4.SGM 26APP4 21760 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage Agency Contact: Frank Lockhart, Program Analyst, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Seattle, WA 98115 Phone: 206 526–6142 Fax: 206 526–6736 Email: frank.lockhart@noaa.gov and implement a ‘‘permit application cycle’’ for application submission and processing of all marine mammal permits. NMFS intends to write regulations for marine mammal photography permits and is considering whether this activity should be covered by the GA. Timetable: RIN: 0648–AY59 Action 74. ∑ FISHERIES OFF WEST COAST STATES; WEST COAST SALMON FISHERIES; 2010 MANAGEMENT MEASURES Legal Authority: 16 USC 1854 Abstract: This final rule implements the 2010 annual management measures as approved by NMFS. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Frank Lockhart, Program Analyst, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Seattle, WA 98115 Phone: 206 526–6142 Fax: 206 526–6736 Email: frank.lockhart@noaa.gov RIN: 0648–AY60 75. MARINE MAMMAL PROTECTION ACT PERMIT REGULATION REVISIONS erowe on DSK5CLS3C1PROD with PROPOSALS Legal Authority: 16 USC 1374 Abstract: The National Marine Fisheries Service (NMFS) is considering changes to its implementing regulations (50 CFR 216) governing the issuance of permits for scientific research and enhancement activities under Section 104 of the Marine Mammal Protection Act and is soliciting public comment to better inform the process. NMFS intends to streamline and clarify general permitting requirements and requirements for scientific research and enhancement permits, simplify procedures for transferring marine mammal parts, possibly apply the General Authorization (GA) to research activities involving Level A harassment of non-endangered marine mammals, VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Date ANPRM ANPRM Comment Period Extended ANPRM Comment Period End ANPRM Comment Period End NPRM FR Cite 09/13/07 72 FR 52339 10/15/07 72 FR 58279 11/13/07 72 FR 52339 12/13/07 72 FR 58279 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Michael Payne, Fishery Biologist, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7235 Fax: 301 713–2521 Email: michael.payne@noaa.gov RIN: 0648–AV82 76. TAKE AND IMPORT MARINE MAMMALS: PROPOSED RULE FOR TAKE OF MARINE MAMMALS INCIDENTAL TO ROUTINE OPERATIONS OF 13 POWER GENERATING STATIONS IN CENTRAL AND SOUTHERN CALIFORNIA Legal Authority: 16 USC 1361 et seq Abstract: NMFS proposes to govern the take of marine mammals by Level A harassment (injury) and mortality from 13 power generating stations located on the coast of central and southern California incidental to routine power plant operations for a period of five years, under the authority of section 101(a)(5)(A) of the Marine Mammal Protection Act. Under that authority NMFS also must prescribe mitigation, monitoring, and reporting requirements in connection with take authorizations. Incidental takings of marine mammals, including California sea lions, harbor seals, and northern elephant seals can and do occur as a result of the operation of circulating water systems (CWS) by the electrical power generation plants located on the coast of central and southern California described in the incidental take authorization applications. These CWS PO 00000 Frm 00012 Fmt 1254 Sfmt 1254 are an integral part of these power stations that provide continuous cooling water necessary for power generation and safety of the facility. The typical location of entrainment occurs as water is taken into the plant via submerged structures or canals. Intake velocities may be strong enough to pull live animals into the plant, particularly if they are actively seeking prey in the vicinity of intake structures. Confinement within intake plumbing could lead to confusion and panic, especially for young, immature animals. If the animal is unable to escape, it could (1) Drown or become fatally injured in transit between intake and large sedimentation basins within the plants known as forebays; (2) survive the transit and succumb in the forebay due to exhaustion, illness, or disease; or (3) survive the transit and be rescued by plant personnel using cages specially designed for such an activity. It is also likely that previously dead animals may end up entrained as well. Timetable: Action Date NPRM 05/00/10 FR Cite Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Michael Payne, Fishery Biologist, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7235 Fax: 301 713–2521 Email: michael.payne@noaa.gov RIN: 0648–AW59 77. ∑ REDUCE SEA TURTLE BYCATCH IN ATLANTIC TRAWL FISHERIES Legal Authority: 16 USC 1531 et seq Abstract: NMFS is initiating a rulemaking action to reduce injury and mortality to endangered and threatened sea turtles resulting from incidental take, or bycatch, in trawl fisheries in the Atlantic waters. NMFS will likely address the size of the turtle excluder device (TED) escape opening currently required in the summer flounder trawl fishery, the definition of a summer flounder trawler and the use of TEDS in this fishery; the use of TEDs in the croaker and weakfish flynet, whelk, Atlantic sea scallop, and calico scallop trawl fisheries of the Atlantic Ocean; and new seasonal and temporal E:\FR\FM\26APP4.SGM 26APP4 21761 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Proposed Rule Stage boundaries for TED requirements. In addition, this rule will address the definition of the Gulf Area applicable to the shrimp trawl fishery in the southeast Atlantic and Gulf of Mexico. The purpose of the rule is to aid in the protection and recovery of listed sea turtle populations by reducing mortality in trawl fisheries through the use of TEDs. Timetable: Action Date NPRM NPRM Comment Period End FR Cite 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Alexis Gutierrez, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 Email: alexis.gutierrez@noaa.gov RIN: 0648–AY61 Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–9090 Fax: 301 713–9106 Email: christopher.rogers@noaa.gov RIN: 0648–AV51 NATIONAL MARINE FISHERIES SERVICE 78. CERTIFICATION OF NATIONS WHOSE FISHING VESSELS ARE ENGAGED IN IUU FISHING OR BYCATCH OF PROTECTED LIVING MARINE RESOURCES Legal Authority: 16 USC 1801 et seq; 16 USC 1826d to 1826k Abstract: The National Marine Fisheries Service (NMFS) is establishing a process of identification and certification to address illegal, unreported, or unregulated (IUU) activities and bycatch of protected species in international fisheries. Nations whose fishing vessels engage, or have been engaged, in IUU fishing or bycatch of protected living marine resources would be identified in a biennial report to Congress, as required under section 403 of the MagnusonStevens Fishery Conservation and Management Reauthorization Act (MSRA) of 2006. NMFS would subsequently certify whether identified nations have taken appropriate corrective action with respect to the activities of its fishing vessels, as required under section 403 of MSRA. Timetable: erowe on DSK5CLS3C1PROD with PROPOSALS Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End Final Action FR Cite 06/11/07 72 FR 33436 07/05/07 01/14/09 74 FR 2019 05/14/09 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Christopher Rogers, Division Chief, Department of Commerce, National Oceanic and VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Final Rule Stage 79. MAGNUSON–STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION ACT (MSRA) ENVIRONMENTAL REVIEW PROCEDURE Legal Authority: 16 USC 1801 Abstract: Section 107 of the MagnusonStevens Fishery Conservation and Management Reauthorization Act (MSRA) (Pub. L. 109-479) requires NOAA Fisheries to revise and update agency procedures for complying with the National Environmental Policy Act (NEPA) in the context of fishery management actions. It further requires that NOAA Fisheries consult with the Council on Environmental Quality (CEQ) and the Regional Fishery Management Councils (Councils) and involve the public in the development of the revised procedures. The MSRA provides that the resulting procedures will be the sole environmental impact assessment procedure for fishery management actions, and that they must conform to the time lines for review and approval of fishery management plans and plan amendments. They must also integrate applicable environmental analytical procedures, including the time frames for public input, with the procedure for the preparation and dissemination of fishery management plans, plan amendments, and other actions taken or approved pursuant to this Act in order to provide for timely, clear, and concise analysis that is useful to decision makers and the public, reduce PO 00000 Frm 00013 Fmt 1254 Sfmt 1254 extraneous paperwork, and effectively involve the public. NOAA Fisheries is currently consulting with the councils, the public and CEQ to develop a proposed procedure. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 05/14/08 73 FR 27998 06/13/08 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Steve Leathery, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2239 Email: steve.leathery@noaa.gov RIN: 0648–AV53 80. REVISE REGULATIONS GOVERNING THE NORTH PACIFIC GROUNDFISH OBSERVER PROGRAM Legal Authority: 118 Stat 110; 16 USC 773 et seq; 16 USC 1801 et seq; 16 USC 3631 et seq; PL 108–199 Abstract: This rulemaking revises Federal regulations relevant to numerous administrative and procedural requirements applicable to observer providers, observers, and industry participating in the North Pacific Groundfish Observer Program. Specifically, this action would: Modify the current permit issuance process so that observer and observer provider permit issuance is a discretionary National Marine Fisheries Service (NMFS) decision; amend current Federal regulations addressing observer behavior involving drugs, alcohol, and physical sexual conduct to remove NMFS oversight of observer behavior E:\FR\FM\26APP4.SGM 26APP4 21762 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Final Rule Stage that does not affect job performance; require that observer providers submit policies related to these activities and continue to notify NMFS upon learning of an incident; revise Federal regulations so that observer providers are allowed to provide observers or technical staff for purposes of exempted fishing permits, scientific research permits, or other scientific research activities; revise the definition of ‘‘fishing day’’ in Federal regulations; require observer providers to annually submit detailed economic information to NMFS; specify a date by which observers who have collected data in the previous fishing year would be required to be available for debriefing; and implement housekeeping issues related to errors or clarifications in existing regulations at 50 CFR 679.50. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 09/30/09 74 FR 50155 10/31/09 erowe on DSK5CLS3C1PROD with PROPOSALS 81. AMENDMENT 3 TO THE NORTHEAST SKATE COMPLEX FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 Abstract: NMFS proposes regulations to implement measures in Amendment 3 to the Northeast Skate Complex Fishery Management Plan (Skate FMP). Amendment 3 was developed by the New England Fishery Management Council (Council) to rebuild overfished skate stocks (thorny and smooth skates) and implement annual catch limits (ACLs) and accountability measures (AMs) consistent with the requirements of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act. Amendment 3 would establish an ACL and annual catch target (ACT) for the skate complex, total allowable landings (TAL) for the skate wing and 12:19 Apr 23, 2010 Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 01/21/10 75 FR 3434 02/22/10 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AW30 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: doug.mecum@noaa.gov RIN: 0648–AW24 VerDate Nov<24>2008 bait fisheries, seasonal quotas for the bait fishery, reduced possession limits, in-season possession limit triggers, and other measures to improve management of the skate fisheries. This rule also includes skate fishery specifications for fishing years (FY) 2010 through 2011. Jkt 220001 82. ATLANTIC HIGHLY MIGRATORY SPECIES; ATLANTIC SHARK MANAGEMENT MEASURES Legal Authority: 16 USC 1801 et seq Abstract: This rule evaluates the management measures for small coastal sharks (SCS) based on the results of the 2007 SCS stock assessment. This rulemaking could consider, among other things, commercial quotas and trip limits, recreational minimum size and bag limits, time/area closures, and the public display quota. In addition, this rule implements a rebuilding plan for blacknose sharks. To the extent that blacknose sharks are caught in fisheries that are not targeted highly migratory species fisheries, the National Marine Fisheries Service (NMFS) will work with the appropriate Regional Fishery Management Council, Interstate Commission, and States to implement regulations through their processes to rebuild blacknose sharks. This action is necessary in light of recent stock assessments, which have determined that blacknose sharks are overfished with overfishing occurring. As needed, this rule may include others items to clarify existing regulations. Timetable: Action Date Notice of Intent PO 00000 Frm 00014 FR Cite 05/07/08 73 FR 25665 Fmt 1254 Sfmt 1254 Action Date Notice of Scoping Meetings and Extension of Comment Period Notice of Intent Comment Period End Notice of Intent Comment Period Extended—Second Extension Notice of Intent Comment Period Extension End Second Extension Comment Period End NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Comment Period Extended End Final Action FR Cite 07/02/08 73 FR 37932 08/05/08 10/29/08 73 FR 64307 10/31/08 11/14/08 07/24/09 74 FR 36892 08/10/09 74 FR 39914 09/22/09 09/25/09 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Margo Schulze–Haugen, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–0234 Fax: 301 713–1917 Email: margo.schulze-haugen@noaa.gov RIN: 0648–AW65 83. AMENDMENT 31 TO THE FISHERY MANAGEMENT PLAN FOR THE REEF FISH RESOURCES OF THE GULF OF MEXICO Legal Authority: 16 USC 1801 Abstract: In September 2008, NOAA’s National Marine Fisheries Service (NMFS) released a report based on observer data that indicated the total number of loggerhead sea turtle takes by the eastern Gulf of Mexico reef fish bottom longline fishery was much greater than that authorized in the most recent biological opinion. In response, the Gulf of Mexico Fishery Management Council (Council) requested NMFS take emergency action to reduce the number of takes by the fishery during the short term while the Council develops long-term measures in Amendment 31. Measures being considered include: (1) Modifying baits; (2) area, season, and depth restrictions; E:\FR\FM\26APP4.SGM 26APP4 21763 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Final Rule Stage (3) reducing effort through a longline endorsement program; and (4) using observers or electronic monitoring to close the fishery once a sea turtle take threshold has been met. 85. ∑ FRAMEWORK ADJUSTMENT 44 AND SPECIFICATIONS FOR THE NORTHEAST MULTISPECIES FISHERY MANAGEMENT PLAN Timetable: Abstract: Framework Adjustment 44 and Specifications will modify management measures for the Northeast (NE) Multispecies Fishery Management Plan (FMP) to make the FMP more precautionary, and implement Annual Catch Limit (ACL) specifications for the fishery for fishing years 2010, 2011, and 2012. Action Date NPRM NPRM Comment Period End Final Action FR Cite 01/15/10 75 FR 2469 03/01/10 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AX67 84. SNAPPER–GROUPER FISHERY MANAGEMENT PLAN OF THE SOUTH ATLANTIC Legal Authority: 16 USC 1801 Legal Authority: 16 USC 1801 Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 02/01/10 75 FR 5016 03/01/10 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AY29 Timetable: Legal Authority: 16 USC 1801 et seq Date NPRM NPRM Comment Period End Final Action Final Action Effective Extension of Final Action FR Cite 07/06/09 74 FR 31906 08/05/09 12/04/09 74 FR 63673 01/04/10 06/00/10 erowe on DSK5CLS3C1PROD with PROPOSALS Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AX75 VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 86. ∑ FY 2010 ATLANTIC DEEP–SEA RED CRAB SPECIFICATIONS Abstract: NMFS takes this action to establish the target total allowable catch and days-at-sea allocation for FY 2010 for the red crab fishery. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 02/19/10 75 FR 7435 03/22/10 05/00/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 PO 00000 Frm 00015 Fmt 1254 RIN: 0648–AY51 87. PROVIDE REGULATIONS FOR PERMITS FOR CAPTURE, TRANSPORT, IMPORT, AND EXPORT OF PROTECTED SPECIES FOR PUBLIC DISPLAY, AND FOR MAINTAINING A CAPTIVE MARINE MAMMAL INVENTORY Legal Authority: 16 USC 1372(c) Abstract: This rule will revise and simplify criteria and procedures specific to permits for taking, transporting, importing, and exporting protected species for public display and provide convenient formats for reporting marine mammal captive holdings and transports as required by amendments made in 1994 to the Marine Mammal Protection Act. Timetable: Action Date NPRM NPRM Comment Period Extended NPRM Comment Period End Comment Period Extended Final Action FR Cite 07/03/01 66 FR 35209 08/22/01 66 FR 44109 09/04/01 11/02/01 11/00/10 Regulatory Flexibility Analysis Required: Yes Abstract: This action would implement a prohibition on the harvest of red snapper for 180 days to address overfishing of red snapper, through interim measures. Action Email: pat.kurkul@noaa.gov Sfmt 1254 Agency Contact: Dr. Michael Payne, Fishery Biologist, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7235 Fax: 301 713–2521 Email: michael.payne@noaa.gov RIN: 0648–AH26 88. PROTECTIVE REGULATIONS FOR KILLER WHALES IN THE NORTHWEST REGION UNDER THE ENDANGERED SPECIES ACT AND MARINE MAMMAL PROTECTION ACT Legal Authority: 16 USC 1361 et seq; 16 USC 1531 to 1543 Abstract: The National Marine Fisheries Service (NMFS) is considering whether to propose regulations to protect killer whales (Orcinus orca) in the Pacific Northwest. The Southern Resident killer whale distinct population segment (DPS) was listed as endangered under the Endangered Species Act (ESA) on November 18, E:\FR\FM\26APP4.SGM 26APP4 21764 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Final Rule Stage 2005 (70 FR 69903). In the final rule announcing the listing, NMFS identified vessel effects, including direct interference and sound, as a potential contributing factor in the recent decline of this population. Both the Marine Mammal Protection Act (MMPA) and the ESA prohibit take, including harassment, of killer whales, but these statutes do not prohibit specified acts. NMFS is now considering whether to propose regulations that would prohibit certain acts, under our general authorities under the ESA and MMPA and their implementing regulations. The Proposed Recovery Plan for Southern Resident killer whales (71 FR 69101; November 29, 2006) includes as a management action the evaluation of current guidelines and the need for regulations and/or protected areas. The scope of this ANPR encompasses the activities of any person or conveyance that may result in the unauthorized taking of killer whales and/or that may cause detrimental individual-level and population-level impacts. NMFS requests comments on whether—and if so, what type of—conservation measures, regulations, and, if necessary, other measures would be appropriate to protect killer whales from the effects of these activities. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Extended Comment Period End Final Rule FR Cite 03/22/07 72 FR 13464 04/23/07 07/29/09 74 FR 37674 10/19/09 74 FR 53454 10/27/09 01/15/10 05/00/10 erowe on DSK5CLS3C1PROD with PROPOSALS Regulatory Flexibility Analysis Required: Yes Agency Contact: James H. Lecky, Director, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2332 Fax: 301 427–2520 Email: jim.lecky@noaa.gov RIN: 0648–AV15 VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 89. RULEMAKING TO ESTABLISH TAKE PROHIBITIONS FOR THE THREATENED SOUTHERN DISTINCT POPULATION SEGMENT OF NORTH AMERICAN GREEN STURGEON Legal Authority: 16 USC 1531 to 1543 Abstract: Under section 4(d) of the Federal Endangered Species Act (ESA), the Secretary of Commerce is required to adopt such regulations as he deems necessary and advisable for the conservation of species listed as threatened. This rule would apply the prohibitions under ESA section 9(a)(1)(A) through 9(a)(1)(G) for threatened Southern DPS green sturgeon, but would include certain exceptions and exemptions from the take prohibitions. Exceptions are included for certain scientific research, emergency fish rescue, law enforcement, and habitat restoration activities that meet the criteria specified in the protective regulations under Section 4(d) of the ESA for Southern DPS green sturgeon. Exemptions are included for state scientific research, fisheries activities, and tribal activities conducted under NMFS approved ESA 4(d) programs. Thus, take of Southern DPS fish may be authorized under ESA section 7 or 10, or under an exception or exemption to the take prohibitions if the activities are conducted in compliance with NMFS criteria or NMFS-approved plans. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 05/21/09 74 FR 23822 07/20/09 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Marta Nammack, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–1401 Fax: 301 427–2523 Email: marta.nammack@noaa.gov RIN: 0648–AV94 90. TAKING AND IMPORTING MARINE MAMMALS; U.S. NAVAL SURFACE WARFARE CENTER PANAMA CITY DIVISION MISSION ACTIVITIES Legal Authority: 16 USC 1361 et seq PO 00000 Frm 00016 Fmt 1254 Sfmt 1254 Abstract: On April 3, 2008, the National Marine Fisheries Service (NMFS) received an application from the Navy requesting an authorization for the take of 15 species/stocks of cetacean incidental to the proposed mission activities in the Naval Surface Warfare Center Panama City Division (NSWC PCD) study area over the course of 5 years. These mission activities are classified as military readiness activities. The purpose of the proposed mission activities is to enhance NSWC PCD’s capability and capacity to meet littoral and expeditionary warfare requirements by providing Research, Development, Test, and Evaluation (RDT&E) and in service engineering for expeditionary maneuver warfare, operations in extreme environments, mine warfare, maritime operations, and coastal operations. The Navy states that these training activities may cause various impacts to marine mammal species in the NSWC PCD study area. The Navy requests an authorization to take individuals of these cetacean species by Level B Harassment. Further, the Navy requests an authorization to take 1 individual each of bottlenose, Atlantic spotted, and pantropical spotted dolphins per year by injury, as a result of the proposed mission activities. NMFS is issuing a proposed rule to govern the take of these marine mammals by Level B harassment (behavior) and Level A harassment (injury) incidental to the aforementioned mission activities in the Naval NSWC PCD study area for a period of five years, under the authority of section 101(a)(5)(A) of the Marine Mammal Protection Act. Under that authority NMFS also must prescribe mitigation, monitoring, and reporting requirements in connection with take authorizations. Timetable: Action Date NPRM NPRM Comment Period End Final Action FR Cite 04/30/09 74 FR 20156 06/01/09 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Michael Payne, Fishery Biologist, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7235 Fax: 301 713–2521 E:\FR\FM\26APP4.SGM 26APP4 21765 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Final Rule Stage Email: michael.payne@noaa.gov 92. CRITICAL HABITAT DESIGNATION FOR COOK INLET BELUGA WHALE UNDER THE ENDANGERED SPECIES ACT RIN: 0648–AW80 91. RULE TO REVISE THE CRITICAL HABITAT DESIGNATION FOR THE ENDANGERED LEATHERBACK SEA TURTLE Legal Authority: 16 USC 1531 et seq Abstract: The National Marine Fisheries Service, announces a rule to revise leatherback turtle (Dermochelys coriacea) critical habitat under the Endangered Species Act of 1973, as amended. The leatherback is currently listed as endangered throughout its range, and critical habitat consists of Sandy Point Beach and adjacent waters, St. Croix, U.S. Virgin Islands. This rule would revise critical habitat to include waters along the U.S. West Coast. Timetable: Action Date NPRM NPRM Comment Period Extension NPRM Comment Period End NPRM Comment Period Extension End Final Action FR Cite 01/05/10 75 FR 319 02/19/10 75 FR 7434 03/08/10 Legal Authority: 16 USC 1531 et seq Abstract: The National Marine Fisheries Service (NMFS) listed the Cook Inlet beluga whale Distinct Population Segment as endangered under the Endangered Species Act on October 17, 2009. NMFS is required to designate critical habitat no later than one year after the publication of a listing. NMFS intends to publish a proposed rule by October 17, 2009. Timetable: Action Date ANPRM ANPRM Comment Period End NPRM NPRM Comment Period Extended NPRM Comment Period End Final Action FR Cite 04/14/09 74 FR 17131 05/14/09 12/02/09 74 FR 63080 01/12/10 75 FR 1582 12/00/10 Agency Contact: Marta Nammack, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–1401 Fax: 301 427–2523 Email: marta.nammack@noaa.gov 05/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Sara McNulty, Ecologist, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 RIN: 0648–AX50 RIN: 0648–AX06 Legal Authority: 16 USC 1361 et seq Abstract: NMFS has received requests from the U.S. Navy (Navy) for authorizations for the taking of marine mammals incidental to training and operational activities conducted by the Navy’s Atlantic Fleet within Gulf of Mexico (GOMEX) Range Complex for the period beginning December 3, 2009, and ending December 2, 2014. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requesting information, suggestions, and comments on these proposed regulations. Timetable: Action 02/01/10 Regulatory Flexibility Analysis Required: Yes 04/19/10 93. TAKING OF MARINE MAMMALS INCIDENTAL TO SPECIFIED ACTIVITIES; TAKING MARINE MAMMALS INCIDENTAL TO TRAINING OPERATIONS CONDUCTED WITHIN THE GULF OF MEXICO RANGE COMPLEX Date NPRM NPRM Comment Period End Final Action erowe on DSK5CLS3C1PROD with PROPOSALS 94. FISHERY MANAGEMENT PLAN FOR REGULATING OFFSHORE MARINE AQUACULTURE IN THE GULF OF MEXICO Legal Authority: 16 USC 1801 et seq Abstract: The purpose of the amendment is to develop a regulatory permitting process for regulating and VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Agency Contact: James H. Lecky, Director, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2332 Fax: 301 427–2520 Email: jim.lecky@noaa.gov RIN: 0648–AX86 Long-Term Actions promoting environmentally sound and economically sustainable aquaculture in the Gulf Exclusive Economic Zone. Management actions include: (1) Types of aquaculture permits required; (2) duration aquaculture permits are effective; (3) conditions for permit issuance; (4) species allowed for aquaculture; (5) allowable aquaculture systems; (6) siting requirements and conditions; (7) restricted access zones for aquaculture facilities; (8) recordkeeping and reporting PO 00000 Frm 00017 Fmt 1254 05/00/10 Regulatory Flexibility Analysis Required: Yes Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) NATIONAL MARINE FISHERIES SERVICE FR Cite 07/14/09 74 FR 33960 08/13/09 Sfmt 1254 requirements; (9) biological reference points and status determination criteria; and (10) framework procedures for modifying status determination criteria and regulatory measures. Timetable: Action Date Notice of Availability Notice of Availability Comment Period End NPRM E:\FR\FM\26APP4.SGM 26APP4 FR Cite 06/04/09 74 FR 26829 08/03/09 To Be Determined 21766 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Long-Term Actions Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AS65 Abstract: Amendment 5 to the Atlantic Herring Fishery Management Plan will consider: catch monitoring program; Interactions with river herring; access by herring midwater trawl vessels in groundfish closed areas; and interactions with the mackerel fishery. Timetable: 95. ∑ AMENDMENT 5 TO THE ATLANTIC HERRING FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 Action Date NPRM 09/00/11 FR Cite Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AY47 Regulatory Flexibility Analysis Required: Yes Department of Commerce (DOC) National Oceanic and Atmospheric Administration (NOAA) 96. FISHERIES IN THE WESTERN PACIFIC; PELAGIC FISHERIES; SQUID JIG FISHERIES Legal Authority: 16 USC 1801 et seq Abstract: This action designates pelagic squid as a management unit species under the Western Pacific Pelagics Fishery Management Plan and establishes permitting and reporting requirements. Timetable: Action Date Notice of Availability NPRM Notice Comment Period End NPRM Comment Period End Final Action Collection of Information Approval Correction FR Cite 08/11/08 73 FR 46581 08/28/08 73 FR 50751 10/10/08 10/14/08 11/21/08 73 FR 70600 09/04/09 74 FR 45756 03/03/10 75 FR 9531 erowe on DSK5CLS3C1PROD with PROPOSALS Regulatory Flexibility Analysis Required: Yes Agency Contact: Alvin Katekaru, Assistant Regional Administrator, Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814 Phone: 808 944–2207 Fax: 808 973–2941 Email: alvin.katekaru@noaa.gov RIN: 0648–AS71 VerDate Nov<24>2008 12:19 Apr 23, 2010 Jkt 220001 Completed Actions 97. MODIFYING MAXIMUM RETAINABLE AMOUNTS (MRAS) FOR SELECTED GROUNDFISH SPECIES CAUGHT BY THE NON–AMERICAN FISHING ACT TRAWL CATCHER PROCESSOR SECTOR Legal Authority: 16 USC 1801 Abstract: The National Marine Fisheries Service issues this action to amend regulations specifying the current interval of time allowed for determining the maximum retainable amount (MRA) of selected groundfish species that can be retained by nonAmerican Fishery Act trawl catcher processors. This action would change MRA regulations located at 50 CFR 679.20(e) that establish the calculation of MRAs for groundfish species that are closed to directed fishing by increasing the interval of time each vessel in this sector would have to retain the MRA specified in regulation for several species in the Bering Sea and Aleutian Islands. This action is intended to promote the goals and objectives of the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 02/13/09 74 FR 7209 03/16/09 12/10/09 74 FR 65503 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 PO 00000 Frm 00018 Fmt 1254 Sfmt 1254 Phone: 907 586–7221 Fax: 907 586–7249 Email: doug.mecum@noaa.gov RIN: 0648–AV32 98. INITIAL IMPLEMENTATION OF THE WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT Legal Authority: 44 USC 3501 et seq; PL 109–479 Abstract: This action will implement, in part, the Western and Central Pacific Fisheries Convention (WCPFC) Implementation Act, which authorizes the Secretary of Commerce to promulgate regulations needed to carry out the obligations of the United States under the WCPFC. The action will include regulations applicable to owners and operators of U.S. vessels used to fish for highly migratory fish stocks in the western and central Pacific Ocean, possibly including requirements to, among others, obtain authorization to fish, carry positionfixing transmitters as part of a vessel monitoring system, accommodate observers from a regional observer program, report fishing activity, accept boarding and inspection by authorized inspectors of other members of the Commission, and prohibit transshipping at sea from purse seine vessels. Timetable: Action Date NPRM NPRM Comment Period End Final Action Correction E:\FR\FM\26APP4.SGM 26APP4 FR Cite 05/22/09 74 FR 23965 06/22/09 01/21/10 75 FR 3335 02/19/10 75 FR 7361 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Completed Actions Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Charles Karnella, Pacific Islands Area Office, Department of Commerce, National Oceanic and Atmospheric Administration, Suite 1110, 1601 Kapiolani Boulevard, Honolulu, HI 96814–4700 Phone: 808 973–2985 Fax: 808 973–2941 Email: charles.karnella@noaa.gov RIN: 0648–AV63 99. AMENDMENT 15B TO THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL SNAPPER GROUPER FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 Abstract: Amendment 15B assesses the practicability of prohibiting the sale of recreationally caught fish; assesses the practicability of changes to the renewal period on commercial snapper grouper permits; assesses the practicability of allowing one-to-one transfers of commercial permits from an individual to a family-held corporation; implements a plan to monitor and assess bycatch; implements measures to minimize the impacts of incidental take on sea turtles and smalltooth sawfish; updates management reference points for golden tilefish; and defines allocation for snowy grouper and black sea bass. Date Notice of Availability NPRM Comment Period End NPRM Comment Period End Final Action FR Cite 06/04/09 74 FR 26827 06/30/09 74 FR 31225 08/03/09 08/04/09 11/16/09 74 FR 58902 erowe on DSK5CLS3C1PROD with PROPOSALS Regulatory Flexibility Analysis Required: Yes Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AW12 VerDate Nov<24>2008 100. FISHERIES IN THE WESTERN PACIFIC; WESTERN PACIFIC PELAGIC FISHERIES; AMENDMENT 18 TO THE PELAGICS FISHERY MANAGEMENT PLAN; SHALLOW–SET LONGLINE SWORDFISH FISHERY Legal Authority: 16 USC 1801 Abstract: Amendment 18 removes the annual limit on the number of fishing gear deployments (sets) for the Hawaiibased pelagic longline fishery. The amendment also revises the current maximum limit on the number of physical interactions that occur annually between loggerhead sea turtles and vessels registered for use under Hawaii longline limited access permits while shallow-setting. Other measures currently applicable to the fishery remain unchanged. Amendment 18 is intended to increase opportunities for the shallow-set fishery to sustainably harvest swordfish and other fish species, without jeopardizing the continued existence of sea turtles and other protected resources. Timetable: Action Date Notice of Availability Notice of Availability Comment Period End NPRM NPRM Comment Period End Final Action Correction—Final Action FR Cite 03/18/09 74 FR 11518 05/18/09 06/19/09 74 FR 29158 08/03/09 12/10/09 74 FR 65460 01/08/10 75 FR 1023 Regulatory Flexibility Analysis Required: Yes Timetable: Action 21767 12:19 Apr 23, 2010 Jkt 220001 Agency Contact: Alvin Katekaru, Assistant Regional Administrator, Sustainable Fisheries, Department of Commerce, National Oceanic and Atmospheric Administration, 1601 Kapiolani Boulevard, Honolulu, HI 96814 Phone: 808 944–2207 Fax: 808 973–2941 Email: alvin.katekaru@noaa.gov RIN: 0648–AW49 101. HALIBUT CHARTER VESSEL MORATORIUM Legal Authority: 16 USC 773 to 773k Abstract: This action implements a moratorium on the entry of additional charter vessels into the guided sport fishery for Pacific halibut in waters of International Pacific Halibut PO 00000 Frm 00019 Fmt 1254 Sfmt 1254 Commission regulatory areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). This moratorium limits the number of charter vessels that may participate in the guided sport fishery for halibut in these areas. NMFS would issue a moratorium permit to a licensed charter vessel fishing business owner based on his or her past participation in the charter vessel fishery for halibut and to a Community Quota Entity representing specific rural communities. All moratorium permit holders would be subject to limits on the number of permits they could hold and on the number of charter vessel anglers who could catch and retain halibut on the permitted charter vessel. This action is proposed to achieve the halibut fishery management goals of the North Pacific Fishery Management Council. The intended effect is to curtail growth of fishing capacity in the guided sport fishery for halibut. Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 04/21/09 74 FR 18178 06/05/09 01/05/10 75 FR 554 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, Department of Commerce, National Oceanic and Atmospheric Administration, P.O. Box 21668, Juneau, AK 99802 Phone: 907 586–7221 Fax: 907 586–7249 Email: doug.mecum@noaa.gov RIN: 0648–AW92 102. ATLANTIC HIGHLY MIGRATORY SPECIES; 2009 NORTH AND SOUTH ATLANTIC COMMERCIAL QUOTAS Legal Authority: 16 USC 1801 et seq Abstract: This rule establishes the 2009 fishing season quotas for North and South Atlantic swordfish based on recent updated landings information and recommendations from the 2008 annual meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT). This rule is necessary to ensure that current swordfish quotas account for underharvests and reserve transfer from the 2008 fishing year, consistent with regulations at 50 CFR part 635 and ICCAT recommendations that establish E:\FR\FM\26APP4.SGM 26APP4 21768 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Completed Actions the U.S. North and South Atlantic swordfish allocations. This rule may also include other minor regulatory clarifications. Action Timetable: Regulatory Flexibility Analysis Required: Yes Action Date NPRM NPRM Comment Period End Final Rule Second Final Rule Final Rule Effective FR Cite 08/05/09 74 FR 39032 09/04/09 12/16/09 74 FR 66585 Regulatory Flexibility Analysis Required: Yes Agency Contact: Margo Schulze–Haugen, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–0234 Fax: 301 713–1917 Email: margo.schulze-haugen@noaa.gov RIN: 0648–AX07 103. AMENDMENT 29 TO THE FISHERY MANAGEMENT PLAN FOR REEF FISH RESOURCES OF THE GULF OF MEXICO Legal Authority: 16 USC 1801 Abstract: Grouper and tilefish species in the Gulf of Mexico are managed under the reef fish fishery management plan. Past management practices under the plan have contributed to overcapitalization in these fisheries, which the Council now seeks to address. The amendment creates an individual fishing quota (IFQ) program to further control effort in the commercial grouper and tilefish fisheries in the Gulf of Mexico. The IFQ program was supported by over 80 percent of all eligible fishermen voting in a referendum for the IFQ program. The proposed rule would implement the IFQ program, establish design elements for the program, and allow consolidation of commercial permit landings history through permit stacking. Timetable: erowe on DSK5CLS3C1PROD with PROPOSALS Action Date NPRM NPRM Comment Period End Final Rule Supplemental NPRM Supplemental NPRM Comment Period End VerDate Nov<24>2008 FR Cite 04/30/09 74 FR 20134 06/15/09 08/31/09 74 FR 44732 12/10/09 74 FR 65500 01/11/10 12:19 Apr 23, 2010 Date 03/01/10 75 FR 9116 03/31/10 Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, Department of Commerce, National Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701 Phone: 727 570–5305 Fax: 727 570–5583 Email: roy.crabtree@noaa.gov RIN: 0648–AX39 Legal Authority: 16 USC 6901 et seq Abstract: This rule implements the decisions adopted at the Fifth Session of the Western and Central Pacific Fisheries Commission (Commission) to reduce or otherwise control the fishing mortality rate from longline fishing of bigeye tuna and potentially other highly migratory fish species in the Western and Central Pacific Ocean. Pursuant to the Western and Central Pacific Fisheries Convention Implementation Act, the Secretary of Commerce is authorized to implement regulations to carry out the obligations of the United States under the Western and Central Pacific Fisheries Convention (Convention), including the implementation of Commission decisions. At its Fifth Regular Session, in December 2008, the Commission adopted specific catch limits in longline fisheries for certain highly migratory fish species in the Convention’s area of application for 2009, 2010, and 2011. This rule fulfills the international obligations of the United States regarding these catch limits. Moreover, this rule could establish a framework for implementing future Commission decisions of a similar nature. Timetable: Action PO 00000 Frm 00020 Date FR Cite 07/08/09 74 FR 32521 Fmt 1254 Action Date NPRM Comment Period End Final Rule FR Cite 08/07/09 12/07/09 74 FR 63999 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Charles Karnella, Pacific Islands Area Office, Department of Commerce, National Oceanic and Atmospheric Administration, Suite 1110, 1601 Kapiolani Boulevard, Honolulu, HI 96814–4700 Phone: 808 973–2985 Fax: 808 973–2941 Email: charles.karnella@noaa.gov RIN: 0648–AX59 104. WESTERN AND CENTRAL PACIFIC FISHERIES FOR HIGHLY MIGRATORY SPECIES; IMPLEMENTATION OF THE LONGLINE CATCH LIMITS ADOPTED AT THE FIFTH SESSION OF THE WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION NPRM Jkt 220001 FR Cite Sfmt 1254 105. FISHERIES OFF WEST COAST STATES; PACIFIC COAST GROUNDFISH FISHERY; DATA COLLECTION FOR THE TRAWL RATIONALIZATION PROGRAM Legal Authority: 16 USC 1801 Abstract: NMFS plans to collect data to support implementation of a future trawl rationalization program under the Pacific Coast Groundfish Fishery Management Plan (FMP). NMFS may collect ownership information from all potential participants in the trawl rationalization program. In addition, NMFS is notifying potential participants on notice that the agency intends to use the Pacific States Marine Fisheries Commission’s Pacific Fisheries Information Network (PacFIN) and the NMFS, Northwest Fisheries Science Center’s Pacific whiting observer (NORPAC) databases to determine initial allocation of quota share for the trawl rationalization program. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 10/16/09 74 FR 47545 10/16/09 01/29/10 75 FR 4684 03/01/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Frank Lockhart, Program Analyst, Department of Commerce, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Seattle, WA 98115 Phone: 206 526–6142 Fax: 206 526–6736 E:\FR\FM\26APP4.SGM 26APP4 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Completed Actions Email: frank.lockhart@noaa.gov RIN: 0648–AX98 106. AMENDMENT 10 TO THE ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY MANAGEMENT PLAN Legal Authority: 16 USC 1801 et seq Abstract: The purpose of Amendment 10 is to: (1) Develop a rebuilding program that allows the butterfish stock to rebuild in the shortest amount of time possible (but not to exceed ten years) and permanently protects the long-term health and stability of the rebuilt stock; (2) minimize bycatch and the fishing mortality of unavoidable bycatch, to the extent practicable, in mackerel, squid, and butterfish (MSB) fisheries; and (3) minimize the race to fish and promote efficient use of fishing capital in Loligo and Illex fisheries while providing a means for the industry to proactively engage in resource governance and to provide greater flexibility in developing management measures that fit localized needs through the development of sectors in the Loligo and Illex fisheries. Timetable: Action Date Notice of Availability NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 07/13/09 74 FR 33986 09/03/09 74 FR 45597 10/19/09 03/11/10 75 FR 11441 04/12/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov erowe on DSK5CLS3C1PROD with PROPOSALS RIN: 0648–AY00 107. FISHING RESTRICTIONS IN THE LONGLINE AND PURSE SEINE FISHERIES IN THE EASTERN PACIFIC OCEAN IN 2009, 2010, AND 2011 Legal Authority: 16 USC 951–961 ; 16 USC 971 et seq Abstract: NMFS is proposing regulations under the Tuna Conventions Act of 1950 to implement VerDate Nov<24>2008 21769 12:19 Apr 23, 2010 Jkt 220001 a resolution adopted by the InterAmerican Tropical Tuna Commission (IATTC Resolution C-09-01). That resolution requires that the United States restrict the catch of bigeye tuna in the longline fishery and the effort in the purse seine fishery in the eastern Pacific Ocean in each of the years 2009, 2010, and 2011 to prevent overfishing of bigeye and yellowfin tuna. First, NMFS would implement a 500 metric ton (mt) catch limit on bigeye tuna caught by longline vessels greater than 24 meters in length in the IATTC Convention Area in 2009, 2010, and 2011. Second, NMFS would prohibit purse seine vessels of class size 4-6 (carrying capacity greater than 182 metric tons) from fishing for yellowfin, bigeye, and skipjack tunas in the IATTC Convention Area for a period of 59 days in 2009, 62 days in 2010, and 73 days in 2011. Notwithstanding this closure, purse seine vessels of class size 4 (between 182 and 272 mt carrying capacity) may make a single fishing trip of up to 30 days during the closed period. Third, class size 46 purse seine vessels would be prohibited from fishing for yellowfin, bigeye, and skipjack tunas between 96° and 100° W. longitude and between 4° N. and 3° S. latitude from September 29 to through October 29 for 2009, 2010, and 2011. And lastly, class size 4-6 purse seine vessels would continue to be required to retain all tuna caught unless it is unfit for human consumption for reasons other than size (which continues a long-term requirement). Timetable: Action Date NPRM NPRM Comment Period End Final Rule FR Cite 10/19/09 74 FR 53455 11/09/09 11/23/09 74 FR 61046 Regulatory Flexibility Analysis Required: Yes Agency Contact: Heidi Hermsmeyer, Department of Commerce, National Oceanic and Atmospheric Administration, 501 West Ocean Boulevard, Long Beach, CA 90802 Phone: 562 980–4036 Fax: 562 980–4047 Email: heidi.hermsmeyer@noaa.gov RIN: 0648–AY08 PO 00000 Frm 00021 Fmt 1254 108. 2010 ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FISHERY SPECIFICATIONS AND MANAGEMENT MEASURES Legal Authority: 16 USC 1801 Abstract: NMFS would implement specifications for the 2010 fishing year for Atlantic mackerel, squid, and butterfish (MSB). The intent of this action is to fulfill this requirement and to promote the development and conservation of the MSB resources. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective 02/03/10 75 FR 5537 03/05/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, Department of Commerce, National Oceanic and Atmospheric Administration, 55 Great Republic Way, Gloucester, MA 01930 Phone: 978 281–9200 Fax: 978 281–9117 Email: pat.kurkul@noaa.gov RIN: 0648–AY13 109. ∑ 2010 PACIFIC HALIBUT FISHERIES; CATCH SHARING PLAN Legal Authority: 16 USC 1801 Abstract: NMFS takes this action to approve and implement changes to the Pacific Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut Commission’s (IPHC or Commission) regulatory Area 2A off Washington, Oregon, and California (Area 2A). NMFS proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC, which includes tribal regulations and the sport fishery allocations and management measures for Area 2A. These actions are intended to enhance the conservation of Pacific halibut, to provide greater angler opportunity where available, and to protect yelloweye rockfish and other overfished groundfish species from incidental catch in the halibut fisheries. Timetable: Action Date NPRM Sfmt 1254 FR Cite 11/12/09 74 FR 58234 12/14/09 E:\FR\FM\26APP4.SGM FR Cite 02/04/10 75 FR 5745 26APP4 21770 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—NOAA Action Completed Actions Date NPRM Comment Period End Final Action Final Action Effective FR Cite 02/19/10 03/18/10 75 FR 13024 04/19/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Barry Thom, Fishery Biologist, Office of Protected Resources, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–1401 Email: barry.thom@noaa.gov RIN: 0648–AY31 110. HARBOR PORPOISE TAKE REDUCTION PLAN REGULATIONS Legal Authority: 16 USC 1361 et seq Abstract: The National Marine Fisheries Service is taking this action to reduce the number of harbor porpoise taken in sink gillnet fisheries in the Gulf of Maine and Mid-Atlantic. The Harbor Porpoise Take Reduction Plan of 1999 implemented measures to reduce the incidental capture of harbor porpoises in sink gillnets to below the stock’s Potential Biological Removal level (PBR). Measures included management areas in which deterrent devices (pingers) are required on gillnets; gear modifications; and seasonal closures. Between 2001 and 2005, incidental takes of harbor porpoise showed an increasing trend, and currently takes exceed PBR. This action would implement measures developed through discussions with the Harbor Porpoise Take Reduction Team, which was reconvened in 2007, when it was clear that existing measures were not sufficient to keep porpoise bycatch to below PBR. For the Gulf of Maine, this action would expand pinger use in Massachusetts Bay to include November; establish Stellwagen Bank Management Area, requiring pingers from November-May; establish Coastal Gulf of Maine Consequence Closure Area and require closure in October and November only if, after the most current two years, the average bycatch rate exceeds the trigger rate of .031, identified from observed compliant boats from the Mid-Coast, Massachusetts Bay, and Stellwagen Bank Management Areas; create Southern New England Management Area (includes current Cape Cod South Management Area); require pingers from December-May; establish Cape Cod South Expansion and Eastern Cape Cod Consequence Closure Areas; and require closure from February-April only if, after the most current two years, the average bycatch rate exceeds the trigger rate of 0.023, identified from observed compliant vessels fishing in the Southern New England Management Area. For the Mid Atlantic, this action would establish Mudhole South Management Area; close from February 1-March 15; and modify the tie-down requirement. Timetable: Action Date NPRM Correction NPRM Comment Period End Final Action Final Action Delay of Effective Date Final Action Effective Final Action Delay of Effective Date End erowe on DSK5CLS3C1PROD with PROPOSALS Abstract: The United States Patent and Trademark Office (USPTO) is taking this action to adjust certain patent and trademark fee amounts set in the aggregate to recover the estimated cost to the USPTO for processing activities and services and materials relating to patents and trademarks, respectively, including proportionate shares of the administrative costs of the USPTO. Timetable: Action Date NPRM 05/00/10 VerDate Nov<24>2008 12:19 Apr 23, 2010 FR Cite Jkt 220001 03/22/10 09/15/10 Agency Contact: Melissa Andersen, Department of Commerce, National Oceanic and Atmospheric Administration, 1315 East–West Highway, Silver Spring, MD 20910 Phone: 301 713–2322 Fax: 301 713–2521 Email: melissa.andersen@noaa.gov RIN: 0648–AW51 Proposed Rule Stage Action Legal Authority: 35 USC 41; 35 USC 119 and 120; 35 USC 132(b) and 376; PL 109–383; PL 110–116; PL 110–137; PL 110–149; PL 110–161; PL 110–5; PL 110–92 02/19/10 75 FR 7383 03/17/10 75 FR 12698 Regulatory Flexibility Analysis Required: Yes Department of Commerce (DOC) Patent and Trademark Office (PTO) 111. ∑ REVISION OF USPTO FEES FOR FISCAL YEAR 2011 FR Cite 07/21/09 74 FR 36058 08/10/09 74 FR 39910 08/20/09 Date NPRM Comment Period End Final Action FR Cite 07/00/10 10/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Walter Schlueter, Budget Analyst—Fees and Forecasting, Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22314 Phone: 571 272–6299 Fax: 571 273–6299 Email: walter.schlueter@uspto.gov RIN: 0651–AC43 112. ∑ REVISION OF USPTO FEES FOR FISCAL YEAR 2012 Legal Authority: 35 USC 41; 35 USC 119 and 120; 35 USC 132(b) and 376; PL 109–383; PL 110–116; PL 110–137; PO 00000 Frm 00022 Fmt 1254 Sfmt 1254 PL 110–149; PL 110–161; PL 110–5; PL 110–92 Abstract: The United States Patent and Trademark Office (USPTO) is taking this action to adjust certain patent and trademark fee amounts set in the aggregate to recover the estimated cost to the USPTO for processing activities and services and materials relating to patents and trademarks, respectively, including proportionate shares of the administrative costs of the USPTO. Timetable: Action Date NPRM NPRM Comment Period End Final Action Final Action Effective FR Cite 12/00/10 02/00/11 06/00/11 07/00/11 Regulatory Flexibility Analysis Required: Yes E:\FR\FM\26APP4.SGM 26APP4 21771 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda DOC—PTO Proposed Rule Stage Agency Contact: Walter Schlueter, Budget Analyst—Fees and Forecasting, Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22314 Phone: 571 272–6299 Fax: 571 273–6299 Email: walter.schlueter@uspto.gov RIN: 0651–AC44 Department of Commerce (DOC) Patent and Trademark Office (PTO) 113. ∑ INTERIM INCREASE ON PATENT FEES FOR FISCAL YEAR 2011 Legal Authority: 35 USC 41; 35 USC 119 and 120; 35 USC 132(b); 35 USC 376; PL 109–383; PL 110–116; PL 110–137; PL 110–149; PL 110–161; PL 110–5; PL 110–92 Abstract: The United States Patent and Trademark Office (USPTO) is proposing an interim increase on certain patent Final Rule Stage fees to fund the requirements for putting the USPTO on a sustainable path to fund agency operations, reduce patent inventory and pendency, and invest in information technology. Timetable: Action Date Final Action FR Cite Agency Contact: Walter Schlueter, Budget Analyst—Fees and Forecasting, Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22314 Phone: 571 272–6299 Fax: 571 273–6299 Email: walter.schlueter@uspto.gov 10/00/10 Regulatory Flexibility Analysis Required: Yes RIN: 0651–AC42 Department of Commerce (DOC) Patent and Trademark Office (PTO) 114. EXAMINATION OF PATENT APPLICATIONS THAT INCLUDE CLAIMS CONTAINING ALTERNATIVE LANGUAGE erowe on DSK5CLS3C1PROD with PROPOSALS Legal Authority: 35 USC 2(b)(2) Abstract: The U.S. Patent and Trademark Office (Office) is considering revising the rules of practice to address Markush-type and other claims written so as to claim an invention in the alternative. The search and examination of Markush-type and other claims written in the alternative generally consume a disproportionate amount of Office resources as compared to other types of claims, because these claims can encompass multiple independent and distinct inventions and determining the patentability of such a claim may require a separate examination of each of the alternatives within the claim. The Office anticipates that requiring applicants who choose this claim-drafting format to ensure a certain degree of relatedness among the members of a Markush group or the alternatives presented in the claims will allow the Office to do a better, more thorough, and reliable examination of Markush-type and other claims written in the alternative. Timetable: Action Date NPRM NPRM Comment Period End VerDate Nov<24>2008 FR Cite 08/10/07 72 FR 44992 10/09/07 12:19 Apr 23, 2010 Jkt 220001 Completed Actions Action Date Initial Regulatory Flexibility Analysis Comment Request NPRM Comment Period End Withdrawn FR Cite 03/10/08 73 FR 12679 04/09/08 01/25/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert W. Bahr, Acting Associate Commissioner for Patent Examination Policy, Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313 Phone: 571 272–8800 Fax: 571 273–0125 Email: robert.bahr@uspto.gov RIN: 0651–AC00 115. FISCAL YEAR 2009 REVISION OF REQUEST FOR CONTINUED EXAMINATION, 18–MONTH PUBLICATION, AND OTHER MISCELLANEOUS COST–RECOVERY PATENT FEES Legal Authority: 35 USC 2(b)(2); 35 USC 41(d); 35 USC 132(b) Abstract: The USPTO is taking this action to revise the rules of practice to adjust the fee or set a fee for certain processes and services for which the USPTO is required to set a costrecovery fee. The USPTO is specifically adjusting the fee for a request for PO 00000 Frm 00023 Fmt 1254 Sfmt 1254 continued examination, 18-month publication, and a certificate of correction (applicant’s mistake) fee, and set a fee for requesting a corrected republication of a patent application publication. The rules of practice currently do not set a fee, or do not set a fee that recovers the USPTO’s costs, for these processes or services. The USPTO is adjusting or setting these fee amounts such that they more accurately reflect the Office costs for these processes or services. Timetable: Action Date Withdrawn FR Cite 01/25/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert W. Bahr, Acting Associate Commissioner for Patent Examination Policy, Department of Commerce, Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313 Phone: 571 272–8800 Fax: 571 273–0125 Email: robert.bahr@uspto.gov RIN: 0651–AC29 [FR Doc. 2010–8930 Filed 04–23–10; 8:45 am] BILLING CODE 3510–12–S E:\FR\FM\26APP4.SGM 26APP4

Agencies

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Unknown Section]
[Pages 21749-21771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8930]


[[Page 21749]]

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Part IV





Department of Commerce





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###Semiannual Regulatory Agenda###

[[Page 21750]]

DEPARTMENT OF COMMERCE (DOC)

_______________________________________________________________________

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 2010 Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Commerce.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: In compliance with Executive Order 12866, entitled 
``Regulatory Planning and Review,'' and the Regulatory Flexibility Act, 
as amended, the Department of Commerce (Department), in the spring and 
fall of each year, publishes in the Federal Register an agenda of 
regulations under development of review over the next 12 months. 
Rulemaking actions are grouped according to prerulemaking, proposed 
rules, final rules, long-term actions, and rulemaking actions completed 
since the fall 2009 agenda. The purpose of the agenda is to provide 
information to the public on regulations currently under review, being 
proposed, or issued by the Department. The agenda is intended to 
facilitate comments and views by interested members of the public.

    The Department's spring 2010 regulatory agenda includes 
regulatory activities that are expected to be conducted during the 
period April 1, 2010, through March 31, 2011.

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 Tricia Choe, Acting Chief Counsel for 
Regulation, Office of the Assistant General Counsel for Legislation 
and Regulation, U.S. Department of Commerce, Washington, DC 20230; 
telephone: 202-482-3151.

SUPPLEMENTARY INFORMATION: Executive Order 12866 requires agencies to 
publish an agenda of those regulations that are under consideration 
pursuant to this order. By memorandum of January 15, 2010, the Office 
of Management and Budget issued guidelines and procedures for the 
preparation and publication of the spring 2010 Unified Agenda of 
Federal Regulatory and Deregulatory Actions. The Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq., 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 agenda also identifies those entries that have been selected for 
periodic review under section 610 of the Regulatory Flexibility Act.

    In addition, beginning with the fall 2007 edition, the Internet 
became the basic means for disseminating the Unified Agenda. The 
complete Unified Agenda will be available online at 
www.reginfo.gov, in a format that offers users a greatly enhanced 
ability to obtain information from the Agenda database.

    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory 
Flexibility Act (5 U.S.C. 602), the Department of 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 United Agenda published on the Internet. In addition, for 
fall editions of the Agenda, the entire Regulatory Plan will 
continue to be printed in the Federal Register, as in past years, 
including the Department of Commerce's Regulatory Plan.

    Within the Department, the Office of the Secretary and various 
operating units may issue regulations. Operating units, such as the 
National Oceanic and Atmospheric Administration (NOAA), the Bureau 
of Industry and Security, and the Patent and Trademark Office issue 
the greatest share of the Department's regulations.

    A large number of regulatory actions reported in the agenda 
deal with fishery management programs of NOAA's National Marine 
Fisheries Service (NMFS). To avoid repetition of programs and 
definitions, as well as to provide some understanding of the 
technical and institutional elements of the NMFS programs, an 
``Explanation of Information Contained in NMFS Regulatory Entries'' 
is provided below.

Explanation of Information Contained in NMFS Regulatory Entries

    The Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.) (the Act) governs the management of 
fisheries within the Exclusive Economic Zone (EEZ). The EEZ refers 
to those waters from the outer edge of the State boundaries, 
generally 3 nautical miles, to a distance of 200 nautical miles. 
Fishery Management Plans (FMPs) are to be prepared for fisheries 
that require conservation and management measures. Regulations 
implementing these FMPs regulate domestic fishing and foreign 
fishing where permitted. Foreign fishing may be conducted in a 
fishery in which there is no FMP only if a preliminary fishery 
management plan has been issued to govern that foreign fishing. 
Under the Act, eight Regional Fishery Management Councils 
(Councils) prepare FMPs or amendments to FMPs for fisheries within 
their respective areas. In the development of such plans or 
amendments and their implementing regulations, the Councils are 
required by law to conduct public hearings on the draft plans and 
to consider the use of alternative means of regulating.

    The Council process for developing FMPs and amendments makes it 
difficult for NMFS to determine the significance and timing of some 
regulatory actions under consideration by the Councils at the time 
the semiannual regulatory agenda is published.

    The Department's spring 2010 regulatory agenda follows.

 Cameron F. Kerry,

General Counsel.

[[Page 21751]]



                              International Trade Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
50          Commercial Availability of Fabric and Yarn............................................    0625-AA59
----------------------------------------------------------------------------------------------------------------


                      National Oceanic and Atmospheric Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
51          Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery..    0648-AR63
52          American Lobster Fishery; Fishing Effort Control Measures To Complement Interstate        0648-AT31
            Lobster Management Recommendations by the Atlantic States Marine Fisheries Commission.
53          South Atlantic Fishery Ecosystem Plan Comprehensive Amendment.........................    0648-AV31
54          Collection and Use of Tax Identification Numbers From Holders of and Applicants for       0648-AV76
            National Marine Fisheries Service Permits.............................................
55          Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery     0648-AW11
            Management Plan.......................................................................
56          Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico     0648-AW15
            and the U.S. Virgin Islands...........................................................
57          Marine Mammal Protection Act Stranding Regulation Revisions...........................    0648-AW22
58          Amendment 4 to the Atlantic Herring Fishery Management Plan...........................    0648-AW75
59          Allowable Modifications to the Turtle Excluder Device (TED) Requirements..............    0648-AW93
60          Regulatory Amendment To Correct and Clarify Amendment 13 and Subsequent Frameworks of     0648-AW95
            the Northeast Multispecies Fishery Management Plan....................................
61          Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan......    0648-AX05
62          Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King      0648-AX47
            and Tanner Crabs Arbitration Regulations..............................................
63          Salmon Bycatch Reduction Management Measures for the Fishery Management Plan 91 in the    0648-AX89
            Bering Sea Aleutian Islands...........................................................
64          Revoke Inactive Quota Share and Annual Individual Fishing Quota From a Holder of Quota    0648-AX91
            Share Under the Pacific Halibut and Sablefish Fixed Gear Individual Fishing Quota
            Program...............................................................................
65          2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures.......    0648-AY04
66          Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting         0648-AY17
            Mothership Fishery in the Pacific Coast Groundfish Fishery............................
67          Fisheries of the Caribbean, Gulf of Mexico, South Atlantic; Gulf of Mexico Fisheries;     0648-AY22
            Generic Amendment for Annual Catch Limits.............................................
68          Regulatory Amendment To Revise Charter Halibut Logbook Submission Requirements........    0648-AY38
69          Addendum IV to the Weakfish Interstate Management Plan--Bycatch Trip Limit............    0648-AY41
70          Framework 21 to the Atlantic Sea Scallop Fishery Management Plan......................    0648-AY43
71          Fishery Management Plan Amendment 95 for Skates Management in the Groundfish Fisheries    0648-AY48
            of the Bering Sea and Aleutian Islands................................................
72          Amendment 2; Fishery Management Plan for Queen Conch Fishery of Puerto Rico and U.S.      0648-AY55
            Virgin Islands, and Amendment 5; Reef Fish Fishery Management Plan of Puerto Rico and
            U.S. Virgin Islands...................................................................
73          Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Interim 2010 Tribal    0648-AY59
            Whiting Regulations...................................................................
74          Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures    0648-AY60
75          Marine Mammal Protection Act Permit Regulation Revisions..............................    0648-AV82
76          Take and Import Marine Mammals: Proposed Rule for Take of Marine Mammals Incidental to    0648-AW59
            Routine Operations of 13 Power Generating Stations in Central and Southern California.
77          Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries.................................    0648-AY61
----------------------------------------------------------------------------------------------------------------


                        National Oceanic and Atmospheric Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
78          Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch      0648-AV51
            of Protected Living Marine Resources..................................................
79          Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA)           0648-AV53
            Environmental Review Procedure........................................................
80          Revise Regulations Governing the North Pacific Groundfish Observer Program............    0648-AW24

[[Page 21752]]

 
81          Amendment 3 to the Northeast Skate Complex Fishery Management Plan....................    0648-AW30
82          Atlantic Highly Migratory Species; Atlantic Shark Management Measures.................    0648-AW65
83          Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of    0648-AX67
            Mexico................................................................................
84          Snapper-Grouper Fishery Management Plan of the South Atlantic.........................    0648-AX75
85          Framework Adjustment 44 and Specifications for the Northeast Multispecies Fishery         0648-AY29
            Management Plan.......................................................................
86          FY 2010 Atlantic Deep-Sea Red Crab Specifications.....................................    0648-AY51
87          Provide Regulations for Permits for Capture, Transport, Import, and Export of             0648-AH26
            Protected Species for Public Display, and for Maintaining a Captive Marine Mammal
            Inventory.............................................................................
88          Protective Regulations for Killer Whales in the Northwest Region Under the Endangered     0648-AV15
            Species Act and Marine Mammal Protection Act..........................................
89          Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct            0648-AV94
            Population Segment of North American Green Sturgeon...................................
90          Taking and Importing Marine Mammals; U.S. Naval Surface Warfare Center Panama City        0648-AW80
            Division Mission Activities...........................................................
91          Rule To Revise the Critical Habitat Designation for the Endangered Leatherback Sea        0648-AX06
            Turtle................................................................................
92          Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species     0648-AX50
            Act...................................................................................
93          Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals        0648-AX86
            Incidental to Training Operations Conducted Within the Gulf of Mexico Range Complex...
----------------------------------------------------------------------------------------------------------------


                       National Oceanic and Atmospheric Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
94          Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of         0648-AS65
            Mexico................................................................................
95          Amendment 5 to the Atlantic Herring Fishery Management Plan...........................    0648-AY47
----------------------------------------------------------------------------------------------------------------


                       National Oceanic and Atmospheric Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
96          Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries..............    0648-AS71
97          Modifying Maximum Retainable Amounts (MRAs) for Selected Groundfish Species Caught by     0648-AV32
            the Non-American Fishing Act Trawl Catcher Processor Sector...........................
98          Initial Implementation of the Western and Central Pacific Fisheries Convention            0648-AV63
            Implementation Act....................................................................
99          Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery    0648-AW12
            Management Plan.......................................................................
100         Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to      0648-AW49
            the Pelagics Fishery Management Plan; Shallow-Set Longline Swordfish Fishery..........
101         Halibut Charter Vessel Moratorium.....................................................    0648-AW92
102         Atlantic Highly Migratory Species; 2009 North and South Atlantic Commercial Quotas....    0648-AX07
103         Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of        0648-AX39
            Mexico................................................................................
104         Western and Central Pacific Fisheries for Highly Migratory Species; Implementation of     0648-AX59
            the Longline Catch Limits Adopted at the Fifth Session of the Western and Central
            Pacific Fisheries Commission..........................................................
105         Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Data Collection for    0648-AX98
            the Trawl Rationalization Program.....................................................
106         Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan..    0648-AY00
107         Fishing Restrictions in the Longline and Purse Seine Fisheries in the Eastern Pacific     0648-AY08
            Ocean in 2009, 2010, and 2011.........................................................
108         2010 Atlantic Mackerel, Squid, and Butterfish Fishery Specifications and Management       0648-AY13
            Measures..............................................................................
109         2010 Pacific Halibut Fisheries; Catch Sharing Plan....................................    0648-AY31
110         Harbor Porpoise Take Reduction Plan Regulations.......................................    0648-AW51
----------------------------------------------------------------------------------------------------------------


[[Page 21753]]


                                Patent and Trademark Office--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
111         Revision of USPTO Fees for Fiscal Year 2011...........................................    0651-AC43
112         Revision of USPTO Fees for Fiscal Year 2012...........................................    0651-AC44
----------------------------------------------------------------------------------------------------------------


                                  Patent and Trademark Office--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
113         Interim Increase on Patent Fees for Fiscal Year 2011..................................    0651-AC42
----------------------------------------------------------------------------------------------------------------


                                 Patent and Trademark Office--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
114         Examination of Patent Applications That Include Claims Containing Alternative Language    0651-AC00
115         Fiscal Year 2009 Revision of Request for Continued Examination, 18-Month Publication,     0651-AC29
            and Other Miscellaneous Cost-Recovery Patent Fees.....................................
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________
Department of Commerce (DOC)                          Long-Term Actions
International Trade Administration (ITA)
_______________________________________________________________________

50. COMMERCIAL AVAILABILITY OF FABRIC AND YARN

Legal Authority: PL 106-200, sec 112(b)(5)(B); PL 106-200, sec 211; EO 
13191; PL 107-210, sec 3103

Abstract: This rule implements certain provisions of the Trade and 
Development Act of 2000 (the Act). Title I of the Act (the African 
Growth and Opportunity Act or AGOA), title II of the Act (the United 
States-Caribbean Basin Trade Partnership Act or CBTPA), and title XXXI 
of the Trade Act of 2002 (the Andean Trade Promotion and Drug 
Eradication Act or ATPDEA) provide for quota- and duty-free treatment 
for qualifying apparel products from designated beneficiary countries. 
AGOA and CBTPA authorize quota- and duty-free treatment for apparel 
articles that are both cut (or knit-to-shape) and sewn or otherwise 
assembled in one or more designated beneficiary countries from yarn or 
fabric that is not formed in the United States or a beneficiary 
country, provided it has been determined that such yarn or fabric 
cannot be supplied by the domestic industry in commercial quantities in 
a timely manner. The President has delegated to the Committee for the 
Implementation of Textile Agreements (the Committee), which is chaired 
by the Department of Commerce, the authority to determine whether yarn 
or fabric cannot be supplied by the domestic industry in commercial 
quantities in a timely manner under the AGOA, the ATPDEA, and the 
CBTPA, and has authorized the Committee to extend quota- and duty-free 
treatment to apparel of such yarn or fabric. The rule provides the 
procedure for interested parties to submit a request alleging that a 
yarn or fabric cannot be supplied by the domestic industry in 
commercial quantities in a timely manner, the procedure for public 
comments, and relevant factors that will be considered in the 
Committee's determination. The rule also outlines the factors to be 
considered by the Committee in extending quota- and duty-free 
treatment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Janet Heinzen
Phone: 202 482-4006
Email: janet_heinzen@ita.doc.gov

RIN: 0625-AA59

[[Page 21754]]

_______________________________________________________________________
Department of Commerce (DOC)                        Proposed Rule Stage
National Oceanic and Atmospheric Administration (NOAA)
_______________________________________________________________________

NATIONAL MARINE FISHERIES SERVICE
____________________________________________________
51. MAXIMIZE RETENTION AND MONITORING PROGRAM IN THE SHORE-BASED PACIFIC 
WHITING FISHERY

Legal Authority: 16 USC 1801 et seq

Abstract: The Pacific Fishery Management Council (Pacific Council) at 
their October 21-25, 1996, meeting in San Francisco, California 
addressed the treatment and disposition of salmon in the groundfish 
trawl fisheries, specifically the shore-based whiting fishery. At that 
meeting, the Pacific Council discussed the retention of salmon in the 
shore-based whiting fishery and took action to maintain a viable shore-
based whiting fishery by using exempted fishing permits (EFPs). These 
EFPs allowed the shore-based whiting fleet to temporarily deliver 
unsorted catch to processing plants and provided for the monitoring of 
incidentally taken salmon until a permanent monitoring program could be 
implemented. In keeping with the Pacific Council's recommendation, NMFS 
is proceeding with implementing a monitoring program for the shore-
based whiting fishery. This action will aid in the sustainable 
management of Pacific Coast salmon and groundfish fisheries while 
providing an important economic opportunity to those associated with 
the harvest, processing, and selling of whiting taken by the shore-
based whiting fleet. The need for implementing a permanent monitoring 
program in the shore-based Pacific whiting fishery is to provide for a 
full retention fishery by enabling the shore-based whiting fleet, 
comprised exclusively of catcher vessels, to deliver unsorted catch to 
processing plants. This practice is necessary to ensure that whiting 
landings are of market quality, while abiding by Federal groundfish 
regulations and those implementing the Pacific Coast salmon and 
groundfish fishery management plans (FMPs).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         07/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Barry Thom, Regional Administrator, Northwest Region, 
NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, Building 1, 7600 Sand Point Way NE., Seattle, WA 48115-
0070
Phone: 206 526-6150
Fax: 206 526-6426
Email: barry.thom@noaa.gov

RIN: 0648-AR63
_______________________________________________________________________

52. AMERICAN LOBSTER FISHERY; FISHING EFFORT CONTROL MEASURES TO 
COMPLEMENT INTERSTATE LOBSTER MANAGEMENT RECOMMENDATIONS BY THE ATLANTIC 
STATES MARINE FISHERIES COMMISSION

Legal Authority: 16 USC 5101 et seq

Abstract: The National Marine Fisheries Service announces that it is 
considering, and seeking public comment on, revisions to Federal 
American lobster regulations for the Exclusive Economic Zone (EEZ) 
associated with effort control measures as recommended for Federal 
implementation by the Atlantic States Marine Fisheries Commission 
(ASFMC), as outlined in the Interstate Fishery Management Plan (ISFMP) 
for American Lobster. This action will evaluate effort control measures 
in certain Lobster Conservation Management Areas including: limits on 
future access based on historic participation criteria; procedures to 
allow trap transfers among qualifiers and impose a trap reduction or 
conservation tax on any trap transfers; and a trap reduction schedule 
to meet the goals of the ISFMP.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           05/10/05                    70 FR 24495
ANPRM Comment Period End        06/09/05
NPRM                            05/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AT31
_______________________________________________________________________

53. SOUTH ATLANTIC FISHERY ECOSYSTEM PLAN COMPREHENSIVE AMENDMENT

Legal Authority: 16 USC 1801 et seq

Abstract: The purpose of this action is to develop an ecosystem-based 
approach to resource management. The South Atlantic Council plans to 
develop a Fishery Ecosystem Plan (FEP) Comprehensive Amendment, which 
would modify all its Fishery Management Plans (FMPs). The initial 
amendment would include the following: (1) Various actions to comply 
with new essential fish habitat requirements; (2) establishment of deep 
water coral Habitat Areas of Particular Concern, with gear limitations, 
such as the establishment of allowable trawl areas; and (3) other 
possible actions necessary to implement ecosystem-based fishery 
management.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AV31
_______________________________________________________________________

54. COLLECTION AND USE OF TAX IDENTIFICATION NUMBERS FROM HOLDERS OF AND 
APPLICANTS FOR NATIONAL MARINE FISHERIES SERVICE PERMITS

Legal Authority: 31 USC 7701; 16 USC 1801 et seq; 16 USC 1361 et seq; 
16 USC 1531 et seq

Abstract: In conformance with the Debt Collection Improvement Act of 
1996 (Debt Collection Act), the National Marine Fisheries Service 
(NMFS) will issue a rule to require that each existing holder of and 
future applicant for a permit, license, endorsement, authorization, 
transfer or like instrument issued by the agency provide a Taxpayer 
Identification Number (TIN) (business, employer identification number 
or individual,

[[Page 21755]]

social security number) and Date of Incorporation or Date of Birth, as 
appropriate. Under the Debt Collection Act, NMFS is required to collect 
the TIN to report on and collect any delinquent non-tax debt owed to 
the Federal Government. NMFS plans to use Date of Incorporation or Date 
of Birth information for administrative aspects of permitting 
procedures with appropriate confidentiality safeguards pursuant to the 
Privacy Act. The rule will specify: (a) The particular uses that may be 
made of the reported TIN; (b) the effects, if any, of not providing the 
required information; (c) how the information will be used to ascertain 
if the permit holder or applicant owes delinquent non-tax debt to the 
Government pursuant to the Debt Collection Act; (d) the effects on the 
permit holder or applicant when such delinquent debts are owed; and (e) 
the agency's intended communications with the permit holder or 
applicant regarding the relationship of such delinquent debts to its 
permitting process and the need to resolve such debts as a basis for 
completing permit issuance or renewal. The rule will amend existing 
agency permit regulations and contain all appropriate modified and new 
collections-of-information pursuant to the Paperwork Reduction Act.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Alan Risenhoover, Director, Office of Sustainable 
Fisheries, Department of Commerce, National Oceanic and Atmospheric 
Administration, Room 13362, 1315 East-West Highway, Silver Spring, MD 
20910
Phone: 301 713-2334
Fax: 301 713-0596
Email: alan.risenhoover@noaa.gov

RIN: 0648-AV76
_______________________________________________________________________

55. AMENDMENT 17 TO THE SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL 
SNAPPER GROUPER FISHERY MANAGEMENT PLAN

Legal Authority: 16 USC 1801

Abstract: Amendment 17 is intended to establish management reference 
points (MSY, OY) for red snapper; establish a rebuilding plan 
(rebuilding timeframe and rebuilding strategy) for red snapper; specify 
Annual Catch Limits (ACL), Annual Catch Targets (ACT), and 
Accountability Measures (AM) for 10 species undergoing overfishing; and 
modify management measures to ensure future catch is equal to or below 
the ACL.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AW11
_______________________________________________________________________

56. AMENDMENT 2 TO THE FISHERY MANAGEMENT PLAN FOR THE QUEEN CONCH 
FISHERY OF PUERTO RICO AND THE U.S. VIRGIN ISLANDS

Legal Authority: 16 USC 1801

Abstract: St. Croix queen conch landings by commercial fishermen alone 
have exceeded sustainable harvest levels since the 2000-2001 fishing 
season. In 2005-2006, the commercial harvest was over four times 
sustainable levels. Additionally, there is an unknown but significant 
recreational harvest. Overfishing of queen conch has led to resource 
collapse in other regions and in some cases, long-term resource loss. 
According to the NMFS Report on the Status of the U.S. Fisheries for 
2006, queen conch is overfished and undergoing overfishing. Under 
current fishing practices, reductions in mortality are not expected to 
be sufficient in the queen conch fishery. Without a reduction in 
mortality, queen conch are not expected to achieve the rebuilding goals 
established in the Sustainable Fisheries Amendment of 2005. Therefore, 
a change in fishing practices is needed to help achieve the necessary 
reductions in queen conch fishing mortality.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent                10/11/07                    72 FR 58057
NPRM                            05/00/10
NPRM Comment Period End         06/00/10
Final Action                    08/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AW15
_______________________________________________________________________

57. MARINE MAMMAL PROTECTION ACT STRANDING REGULATION REVISIONS

Legal Authority: 16 USC 1379; 16 USC 1382; 16 USC 1421

Abstract: The National Marine Fisheries Service (NMFS) is considering 
proposing changes to its implementing regulations (50 CFR 216) 
governing the taking of stranded marine mammals under section 109(h), 
section 112(c), and title IV of the Marine Mammal Protection Act and is 
soliciting public comment to better inform the process. NMFS intends to 
clarify the requirements and procedures for responding to stranded 
marine mammals and for determining the disposition of rehabilitated 
marine mammals, which includes the procedures for the placement of non-
releasable animals and for authorizing the retention of releasable 
rehabilitated marine mammals for scientific research, enhancement, or 
public display. This action will be analyzed under the National 
Environmental Policy Act with an Environmental Assessment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/31/08                     73 FR 5786
ANPRM Comment Period End        03/31/08
NPRM                            05/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: David Cottingham, Department of Commerce, National 
Oceanic and Atmospheric

[[Page 21756]]

Administration, 1315 East-West Highway, Silver Spring, MD 20910
Phone: 301 713-2322
Fax: 301 713-2521
Email: david.cottingham@noaa.gov

RIN: 0648-AW22
_______________________________________________________________________

58. AMENDMENT 4 TO THE ATLANTIC HERRING FISHERY MANAGEMENT PLAN

Legal Authority: 16 USC 1801 et seq

Abstract: The goal of Amendment 4 is to improve catch monitoring and 
ensure compliance with the Reauthorized Magnuson-Stevens Fishery 
Conservation and Management Act (MSRA). The management measures 
developed in this amendment may address one or more of the following 
objectives: (1) To implement measures to improve the long-term 
monitoring of catch (landings and bycatch) in the herring fishery; (2) 
to implement annual catch limits and accountability measures consistent 
with the MSRA; (3) to implement other management measures as necessary 
to ensure compliance with the new provisions of the MSRA; (4) to 
develop a sector allocation process or other limited access privilege 
program for the herring fishery; and (5) in the context of objectives 
1-4 (above), to consider the health of the herring resource and the 
important role of herring as a forage fish and a predator fish 
throughout its range.
The New England Fishery Management Council will develop conservation 
and management measures to address the issues identified above and meet 
the goals/objectives of the amendment. Any conservation and management 
measures developed in this amendment also must comply with all 
applicable laws.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent                05/08/08                    73 FR 26082
Notice of Intent Comment Period 
End                             06/30/08
NPRM                            05/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AW75
_______________________________________________________________________

59. ALLOWABLE MODIFICATIONS TO THE TURTLE EXCLUDER DEVICE (TED) 
REQUIREMENTS

Legal Authority: 16 USC 1531 et seq

Abstract: NMFS proposes to revise the TED requirements to allow new 
materials and modifications to existing approved TED designs. 
Specifically, proposed allowable modifications include the use of flat 
bar, box pipe, and oval pipe for use in currently-approved TED grids; 
an increase in mesh size on escape flaps from 1-5/8 inches to 2 inches; 
the use of the Boone single straight cut and triangular escape 
openings; specifications on the use of TED grid brace bars; and the use 
of the Chauvin Shrimp Kicker to improve shrimp retention.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Michael Barnette, Department of Commerce, National 
Oceanic and Atmospheric Administration, 263 Thirteenth Avenue South, 
St. Petersburg, FL 33701
Phone: 727 551-5794
Email: michael.barnette@noaa.gov

RIN: 0648-AW93
_______________________________________________________________________

60. REGULATORY AMENDMENT TO CORRECT AND CLARIFY AMENDMENT 13 AND 
SUBSEQUENT FRAMEWORKS OF THE NORTHEAST MULTISPECIES FISHERY MANAGEMENT 
PLAN

Legal Authority: 16 USC 1801 et seq

Abstract: This action would make corrections and clarifications to the 
final rule implementing Amendment 13 to the Northeast Multispecies 
Fishery Management Plan, as well as subsequent groundfish actions. 
These corrections are administrative in nature and are intended to 
correct inaccurate references and other inadvertent errors and to 
clarify specific regulations to maintain consistency with the intent of 
Amendment 13 and subsequent actions.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AW95
_______________________________________________________________________

61. AMENDMENT 11 TO THE ATLANTIC MACKEREL, SQUID, BUTTERFISH FISHERY 
MANAGEMENT PLAN

Legal Authority: 16 USC 1801 et seq

Abstract: Amendment 11 may consider: (1) Limited access in the Atlantic 
mackerel (mackerel) fishery; (2) implementation of annual catch limits 
(ACLs) and accountability measures (AMs) for mackerel and butterfish 
required under the Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006 (MSRA); (3) updating of the description and 
identification of essential fish habitat (EFH) for all life stages of 
mackerel, Loligo squid, Illex squid, and butterfish (including gear 
impacts on Loligo squid egg EFH); and (4) possible limitations on at-
sea processing of mackerel.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent                08/11/08                    73 FR 46590
Notice of Intent Comment Period 
End                             09/10/08
NPRM                            05/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AX05

[[Page 21757]]

_______________________________________________________________________

62. AMENDMENT 30 TO THE FISHERY MANAGEMENT PLAN FOR BERING SEA AND 
ALEUTIAN ISLANDS KING AND TANNER CRABS ARBITRATION REGULATIONS

Legal Authority: 16 USC 1862; PL 109-241; PL 109-479

Abstract: The proposed action would implement Amendment 30 to the 
Fishery Management Plan for Bering Sea and Aleutian Islands King and 
Tanner Crabs to make minor modifications to the arbitration system used 
to settle price and other disputes among harvesters and processors in 
the Bering Sea/Aleutian Islands crab rationalization program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
Notice of Availability          05/00/10
NPRM Comment Period End         06/00/10
Notice of Availability Comment 
Period End                      07/00/10
Final Rule                      11/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
Email: doug.mecum@noaa.gov

RIN: 0648-AX47
_______________________________________________________________________

63. SALMON BYCATCH REDUCTION MANAGEMENT MEASURES FOR THE FISHERY 
MANAGEMENT PLAN 91 IN THE BERING SEA ALEUTIAN ISLANDS

Legal Authority: 16 USC 1801 et seq; 16 USC 3631 et seq; 16 USC 773 et 
seq; PL 108-447

Abstract: This fishery management plan amendment and rulemaking will 
implement the North Pacific Fishery Management Council's 
recommendations for management measures to minimize to the extent 
practicable Chinook salmon bycatch in the Bering Sea pollock fishery. 
These management measures provide two options for the pollock sectors 
(e.g., inshore catcher vessels, offshore catcher-processors, catcher 
vessels delivering to motherships, or CDQ entities): fish under a lower 
Chinook salmon cap or participate in an incentive program and fish 
under a higher cap. Under the first option, the fleet as a whole may 
choose to fish under a transferable cap of 47,591 Chinook salmon, which 
would be allocated by season and sector. Once each sector reaches its 
specific cap, it would be prohibited from continuing to fish for 
pollock for the remainder of the season. Alternatively, vessels or CDQ 
entities may choose to participate in private contracts called 
incentive plan agreements (IPA) which would describe how participants 
would maintain low bycatch even when their bycatch levels are well 
below the hard cap approved. Those vessels or CDQ entities 
participating in an IPA would be allocated a transferable share of up 
to 60,000 Chinook salmon. This cap would be reduced for any vessels or 
CDQ entities not participating in an IPA and those vessels and CDQ 
entities would fish under a lower, non-transferable cap. In addition to 
the annual cap levels, if any sector operating under an IPA exceeds its 
proportion of 47,591 Chinook salmon three times in any seven-year 
period, the sector's maximum bycatch limit will be permanently reduced 
to its proportional share of the 47,591 cap. If the FMP amendments and 
proposed rule are approved, fishing under the new Chinook salmon 
bycatch management measures would start in 2011.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Availability          02/18/10                     75 FR 7228
NPRM                            03/23/10                    75 FR 14016
Notice of Availability Comment 
Period End                      04/19/10
NPRM Comment Period End         05/07/10
Final Rule                      11/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
Email: doug.mecum@noaa.gov

RIN: 0648-AX89
_______________________________________________________________________

64. REVOKE INACTIVE QUOTA SHARE AND ANNUAL INDIVIDUAL FISHING QUOTA FROM 
A HOLDER OF QUOTA SHARE UNDER THE PACIFIC HALIBUT AND SABLEFISH FIXED 
GEAR INDIVIDUAL FISHING QUOTA PROGRAM

Legal Authority: 16 USC 1801 et seq; 16 USC 773 (Halibut Act)

Abstract: This action would amend existing commercial fishing 
regulations for the fixed-gear Pacific Halibut and sablefish individual 
fishing quota program at 50 CFR 679. The amendment would revoke 
inactive quota share unless the quota share permit holder affirmatively 
notices NMFS in writing within 60 days of the agency's preliminary 
determination of inactivity that they choose to (a) retain the inactive 
IFQ quota share, (b) activate the quota share through transfer or by 
fishing, or (c) appeal the preliminary determination. Quota share that 
is not activated through this process and is revoked would be 
proportionally distributed to the quota share pool. This regulatory 
revision is based on the recommendations of the North Pacific Fishery 
Management Council in June 2006 and again in February 2009. Amending 
the regulations would improve the efficiency of the Pacific Halibut and 
Sablefish IFQ program and augment operational flexibility of 
participating fisherman.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10
Final Rule                      11/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
Email: doug.mecum@noaa.gov

RIN: 0648-AX91
_______________________________________________________________________

65. 2010 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS RECREATIONAL 
MANAGEMENT MEASURES

Legal Authority: 16 USC 1801

[[Page 21758]]

Abstract: This action will propose and implement the 2010 recreational 
management measures (minimum fish size, fishing seasons, and possession 
limits) for the summer flounder, scup, and black sea bass fisheries.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AY04
_______________________________________________________________________

66. MAXIMIZED RETENTION MONITORING PROGRAM FOR CATCHER VESSELS IN THE 
PACIFIC WHITING MOTHERSHIP FISHERY IN THE PACIFIC COAST GROUNDFISH 
FISHERY

Legal Authority: 16 USC 1801

Abstract: The action would implement a monitoring program for catcher 
vessels in the mothership sector of the Pacific whiting fishery off the 
coast of Washington, Oregon, and California. The monitoring program 
would consist of a camera and other sensors to monitor fishing activity 
in order to maintain the integrity of the maximized retention 
requirements found at 50 CFR 660.306 (f)(7). Maximized retention 
encourages full retention of all catch while allowing minor discard 
events to occur. This ensures that unsorted catch is available for 
observers to monitor on board the mothership processors and thereby 
maintains the integrity of data collected under the observer program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Frank Lockhart, Program Analyst, Department of 
Commerce, National Oceanic and Atmospheric Administration, 7600 Sand 
Point Way NE., Seattle, WA 98115
Phone: 206 526-6142
Fax: 206 526-6736
Email: frank.lockhart@noaa.gov

RIN: 0648-AY17
_______________________________________________________________________

67. FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, SOUTH ATLANTIC; GULF OF 
MEXICO FISHERIES; GENERIC AMENDMENT FOR ANNUAL CATCH LIMITS

Legal Authority: 16 USC 1801

Abstract: The generic amendment is intended to modify five of the 
Council's Fishery Management Plan (FMPs). These include FMPs for: Reef 
Fish Resources, Shrimp, Stone Crab, Coral and Coral Reef Resources, and 
Red Drum. NMFS and the Council will develop these Annual Catch Limits 
(ACLs) in co-operation with the Scientific and Statistical Committee 
and the Southeast Fisheries Science Center. NMFS, in collaboration with 
the Council, will develop a DEIS to evaluate alternatives and actions 
for the ACLs. Some examples of these actions include: establishing 
sector specific ACLs, selecting levels of risk associated with species 
yields, considering removal or withdrawal of species from FMPs, and 
delegating species or species assemblages to state regulators.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Notice of Intent                08/04/09                    74 FR 47206
NPRM                            11/00/10
NPRM Comment Period End         12/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrator, Southeast Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 263 Thirteenth Avenue South, St. Petersburg, FL 33701
Phone: 727 570-5305
Fax: 727 570-5583
Email: roy.crabtree@noaa.gov

RIN: 0648-AY22
_______________________________________________________________________

68.  REGULATORY AMENDMENT TO REVISE CHARTER HALIBUT 
LOGBOOK SUBMISSION REQUIREMENTS

Legal Authority: 16 USC 2431 et seq; 31 USC 9701 et seq

Abstract: Clarifies and revises the charter halibut logbook submission 
requirements at 50 CFR part 300 to better match the submission schedule 
and reporting format of the Alaska Department of Fish and Game 
saltwater charter logbook.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
Email: doug.mecum@noaa.gov

RIN: 0648-AY38
_______________________________________________________________________

69.  ADDENDUM IV TO THE WEAKFISH INTERSTATE MANAGEMENT 
PLAN--BYCATCH TRIP LIMIT

Legal Authority: 16 USC 5101

Abstract: NMFS takes this action to modify management restrictions in 
the Federal weakfish fishery in a manner consistent with the 
Commission's Weakfish Management Board's (Board) approved Addendum IV 
to Amendment 4 to the ISFMP for Weakfish. In short, the proposed 
Federal regulatory change would decrease the incidental catch allowance 
for weakfish in the EEZ in non-directed fisheries using smaller mesh 
sizes, from 150 pounds to no more than 100 pounds per day or trip, 
whichever is longer in duration. In addition it would impose a one fish 
possession limit on recreational fishers.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Alan Risenhoover, Director, Office of Sustainable 
Fisheries, Department of Commerce, National Oceanic and Atmospheric 
Administration, Room 13362, 1315

[[Page 21759]]

East-West Highway, Silver Spring, MD 20910
Phone: 301 713-2334
Fax: 301 713-0596
Email: alan.risenhoover@noaa.gov

RIN: 0648-AY41
_______________________________________________________________________

70.  FRAMEWORK 21 TO THE ATLANTIC SEA SCALLOP FISHERY 
MANAGEMENT PLAN

Legal Authority: 16 USC 1801 et seq

Abstract: Framework Adjustment 21 to the Atlantic Sea Scallop Fishery 
Management Plan (Framework 21) will set specifications for the 2010 
scallop fishing year, which begins March 1, 2010, including adjustments 
to the total allowable catch, days-at-sea (DAS) allocations, scallop 
access area rotation schedule, and access area trip allocations. This 
framework is for a single year because the Council is working on 
Amendment 15, which will establish a process for implementing annual 
catch limits that are required to be in place in 2011 for the scallop 
fishery. Framework 21 must also comply with the requirements of the 
March 14, 2008 (amended February 5, 2009), Biological Opinion completed 
for the Atlantic Sea Scallop fishery, which requires the amount of 
allocated scallop fishing effort by limited access DAS scallop vessels 
that can be used in the Mid-Atlantic to be limited during the time of 
year when sea turtle distribution overlaps with scallop fishing 
activity. In addition, Framework 21 considers minor adjustments to the 
limited access general category individual fishing quota program, 
scheduled to be implemented March 1, 2010, and the observer set-aside 
program.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, Department of Commerce, National Oceanic and Atmospheric 
Administration, 55 Great Republic Way, Gloucester, MA 01930
Phone: 978 281-9200
Fax: 978 281-9117
Email: pat.kurkul@noaa.gov

RIN: 0648-AY43
_______________________________________________________________________

71.  FISHERY MANAGEMENT PLAN AMENDMENT 95 FOR SKATES 
MANAGEMENT IN THE GROUNDFISH FISHERIES OF THE BERING SEA AND ALEUTIAN 
ISLANDS

Legal Authority: 16 USC 773 et seq; PL 108-447; PL 106-31; PL 106-554; 
PL 109-479; PL 105-277; 16 USC 1801; 16 USC 1540

Abstract: NMFS proposes regulations to implement Amendment 95 to the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (FMP). If approved, Amendment 95 would move 
skates from the ``other species'' category to the target species list 
in the FMP. By listing skates as target species, a directed fishery for 
skates in the Bering Sea and Aleutian Islands Management Area (BSAI) 
may be managed to reduce the potential for overfishing skates. This 
proposed action is intended to promote the goals and objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and 
other applicable laws.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10
Final Action                    11/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert D. Mecum, Acting Administrator, Alaska Region, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, P.O. Box 21668, Juneau, AK 99802
Phone: 907 586-7221
Fax: 907 586-7249
Email: doug.mecum@noaa.gov

RIN: 0648-AY48
_______________________________________________________________________

72.  AMENDMENT 2; FISHERY MANAGEMENT PLAN FOR QUEEN 
CONCH FISHERY OF PUERTO RICO AND U.S. VIRGIN ISLANDS, AND AMENDMENT 5; 
REEF FISH FISHERY MANAGEMENT PLAN OF PUERTO RICO AND U.S. VIRGIN ISLANDS

Legal Authority: 16 USC 1801

Abstract: The Magnuson-Stevens Fishery Conservation and Management Act 
(MSRA: Pub. L. 94-265), as amended through January 12, 2007, requires 
the establishment of annual catch limits (ACLs) and accountability 
measures (AMs) during 2010 for all species that are considered to be 
overfished or undergoing overfishing. The present amendment is being 
promulgated to meet those MSRA mandates as well as to establish 
framework procedures with which to effect future changes to the 
management plan and to restructure the fisheries management units for 
grouper and snapper. Various alternatives are included in the draft 
amendment, including maintenance of the status quo for each action as 
well as various alternatives regarding the year-sequences used to 
establish ALCs and the strategies to be employed to account for 
overages and to respond to needed changes in management methods.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/00/10
NPRM Comment Period End         06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Roy Crabtree, Regional Administrat