Fall 2019 Semiannual Agenda of Regulations, 71105-71119 [2019-26535]
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Vol. 84
Thursday,
No. 247
December 26, 2019
Part IV
Department of Commerce
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Semiannual Regulatory Agenda
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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda
DEPARTMENT OF COMMERCE
Office of the Secretary
13 CFR Ch. III
15 CFR Subtitle A; Subtitle B, Chs. I,
II, III, VII, VIII, IX, and XI
19 CFR Ch. III
37 CFR Chs. I, IV, and V
48 CFR Ch. 13
50 CFR Chs. II, III, IV, and VI
Fall 2019 Semiannual Agenda of
Regulations
Office of the Secretary,
Commerce.
ACTION: Semiannual regulatory agenda.
AGENCY:
In compliance with Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review,’’ and the
Regulatory Flexibility Act, as amended,
the Department of Commerce
(Commerce), in the spring and fall of
each year, publishes in the Federal
Register an agenda of regulations under
development or review over the next 12
months. Rulemaking actions are
grouped according to prerulemaking,
proposed rules, final rules, long-term
actions, and rulemaking actions
completed since the spring 2019 agenda.
The purpose of the Agenda is to provide
information to the public on regulations
that are currently under review, being
proposed, or issued by Commerce. The
Agenda is intended to facilitate
comments and views by interested
members of the public.
Commerce’s fall 2019 regulatory
agenda includes regulatory activities
that are expected to be conducted
during the period October 1, 2019,
through September 30, 2020.
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 Asha Mathew, 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: Commerce
hereby publishes its fall 2019 Unified
Agenda of Federal Regulatory and
Deregulatory Actions pursuant to
Executive Order 12866 and the
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SUMMARY:
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Regulatory Flexibility Act, 5 U.S.C. 601
et seq. Executive Order 12866 requires
agencies to publish an agenda of those
regulations that are under consideration
pursuant to this order. By memorandum
of June 26, 2019, the Office of
Management and Budget issued
guidelines and procedures for the
preparation and publication of the fall
2019 Unified Agenda. The Regulatory
Flexibility Act requires agencies to
publish, in the spring and fall of each
year, a regulatory flexibility agenda that
contains a brief description of the
subject of any rule likely to have a
significant economic impact on a
substantial number of small entities.
Beginning with the fall 2007 edition,
the internet became the basic means for
disseminating the Unified Agenda. The
complete Unified Agenda is available
online at www.reginfo.gov, in a format
that offers users a greatly enhanced
ability to obtain information from the
Agenda database.
In this edition of Commerce’s
regulatory agenda, a list of the most
important significant regulatory and
deregulatory actions and a Statement of
Regulatory Priorities are included in the
Regulatory Plan, which appears in both
the online Unified Agenda and in part
II of the issue of the Federal Register
that includes the Unified Agenda.
Because publication in the Federal
Register is mandated for the regulatory
flexibility agendas required by the
Regulatory Flexibility Act, Commerce’s
printed agenda entries include only:
(1) Rules that are in the Agency’s
regulatory flexibility agenda, in
accordance with the Regulatory
Flexibility Act, because they are likely
to have a significant economic impact
on a substantial number of small
entities; and
(2) Rules that the Agency has
identified for periodic review under
section 610 of the Regulatory Flexibility
Act.
Printing of these entries is limited to
fields that contain information required
by the Regulatory Flexibility Act’s
Agenda requirements. Additional
information on these entries is available
in the Unified Agenda published on the
internet. In addition, for fall editions of
the Agenda, Commerce’s entire
Regulatory Plan will continue to be
printed in the Federal Register.
Within Commerce, the Office of the
Secretary and various operating units
may issue regulations. Among these
operating units, the National Oceanic
and Atmospheric Administration
(NOAA), the Bureau of Industry and
Security, and the Patent and Trademark
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Office issue the greatest share of
Commerce’s regulations.
A large number of regulatory actions
reported in the Agenda deal with fishery
management programs of NOAA’s
National Marine Fisheries Service
(NMFS). To avoid repetition of
programs and definitions, as well as to
provide some understanding of the
technical and institutional elements of
NMFS’ programs, an ‘‘Explanation of
Information Contained in NMFS
Regulatory Entries’’ is provided below.
Explanation of Information Contained
in NMFS Regulatory Entries
The Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs
the management of fisheries within the
Exclusive Economic Zone of the United
States (EEZ). The EEZ refers to those
waters from the outer edge of the State
boundaries, generally 3 nautical miles,
to a distance of 200 nautical miles. For
fisheries that require conservation and
management measures, eight Regional
Fishery Management Councils
(Councils) prepare and submit to NMFS
Fishery Management Plans (FMPs) for
fisheries within their respective areas in
the EEZ. The Councils are required by
law to conduct public hearings on the
development of FMPs and FMP
amendments. Consistent with
applicable law, environmental and other
analyses are developed that consider
alternatives to proposed actions.
Pursuant to the Magnuson-Stevens
Act, the Councils also submit to NMFS
proposed regulations that they deem
necessary or appropriate to implement
FMPs. The proposed regulations, FMPs,
and FMP amendments are subject to
review and approval by NMFS, based on
consistency with the Magnuson-Stevens
Act and other applicable law. NMFS is
responsible for conducting the
rulemaking process for FMP
implementing regulations. The Council
process for developing FMPs and
amendments and proposed regulations
makes it difficult for NMFS to
determine the significance and timing of
some regulatory actions under
consideration by the Councils at the
time the semiannual regulatory agenda
is published.
Commerce’s fall 2019 regulatory
agenda follows.
Dated: July 31, 2019.
Peter B. Davidson,
General Counsel.
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INTERNATIONAL TRADE ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
178 ....................
Regulations Concerning Scope Inquiries and Covered Merchandise Referrals From U.S. Customs and
Border Protection.
0625–AB10
BUREAU OF INDUSTRY AND SECURITY—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
179 ....................
Expansion of Export, Reexport, and Transfer (In-Country) Controls for Military End Use or Military End
Users in the People’s Republic of China (China), Russia, or Venezuela.
0694–AH53
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE
Sequence No.
180
181
182
183
....................
....................
....................
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184 ....................
185 ....................
186 ....................
187 ....................
188 ....................
189 ....................
190 ....................
191
192
193
194
195
196
....................
....................
....................
....................
....................
....................
197 ....................
198 ....................
Regulation
Identifier No.
Title
Comprehensive Fishery Management Plan for Puerto Rico ...........................................................................
Comprehensive Fishery Management Plan for St. Croix ................................................................................
Comprehensive Fishery Management Plan for St. Thomas/St. John .............................................................
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of
U.S. Purse Seine Fishing With Respect to U.S. Territories.
International Fisheries; South Pacific Tuna Fisheries; Implementation of Amendments to the South Pacific
Tuna Treaty.
Illegal, Unregulated, and Unreported Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Requirements
to Safeguard Fishery Observers.
Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the
Western and Central Pacific Fisheries Commission.
Omnibus Deep-Sea Coral Amendment ...........................................................................................................
Regulatory Amendment to the Pacific Coast Groundfish Fishery Management Plan to Implement an Electronic Monitoring Program for Bottom Trawl and Non-Whiting Midwater Trawl Vessels.
Vessel Movement, Monitoring, and Declaration Management Enhancement for the Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan.
Requirements to Safeguard Fishery Observers in the Eastern Pacific Ocean ...............................................
Revisions to the Seabird Avoidance Program for the Pacific Coast Groundfish Fishery Management Plan
Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan ...................................
Designation of Critical Habitat for the Arctic Ringed Seal ...............................................................................
Amendment and Updates to the Pelagic Longline Take Reduction Plan .......................................................
Endangered and Threatened Species; Designation of Critical Habitat for Threatened Caribbean and IndoPacific Reef-Building Corals.
Revision to Critical Habitat Designation for Endangered Southern Resident Killer Whales ...........................
Designation of Critical Habitat for the Mexico, Central American, and Western Pacific Distinct Population
Segments of Humpback Whales Under the Endangered Species Act.
0648–BD32
0648–BD33
0648–BD34
0648–BF41
0648–BG04
0648–BG11
0648–BG66
0648–BH59
0648–BH67
0648–BH70
0648–BI45
0648–BI86
0648–BI99
0648–BJ12
0648–BC56
0648–BF90
0648–BG26
0648–BH95
0648–BI06
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE
Sequence No.
199
200
201
202
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203 ....................
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Regulation
Identifier No.
Title
Jonah Crab Fishery; Interstate Fishery Management Plan for Jonah Crab ...................................................
Commerce Trusted Trader Program ................................................................................................................
Rule to Implement the For-Hire Reporting Amendments ................................................................................
Generic Amendment to the Fishery Management Plans for the Reef Fish Resources of the Gulf of Mexico
and Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region.
Magnuson-Stevens Fisheries Conservation and Management Act; Traceability Information Program for
Seafood (Reg Plan Seq No. 15).
Atlantic Highly Migratory Species; Pelagic Longline Bluefin Tuna Area-Based and Weak Hook Management.
Reduce Gulf of Mexico Red Grouper Annual Catch Limits and Annual Catch Targets .................................
Interim 2019 Tribal Pacific Whiting Allocation and Require Consideration of Chinook Salmon Bycatch Before Reapportioning Tribal Whiting; Pacific Coast Groundfish.
Framework Action to Reduce Gulf of Mexico Red Grouper Annual Catch Limits and Annual Catch Targets
to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico.
Amendment 18 to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico, U.S.
Waters.
Reducing Disturbances to Hawaiian Spinner Dolphins From Human Interactions .........................................
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico (Reg Plan Seq No. 14).
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0648–BG51
0648–BG75
0648–BH72
0648–BH87
0648–BI51
0648–BI63
0648–BI67
0648–BI95
0648–BI96
0648–AU02
0648–BB38
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE—Continued
Regulation
Identifier No.
Sequence No.
Title
211 ....................
Regulation to Reduce Incidental Bycatch and Mortality of Sea Turtles in the Southeastern U.S. Shrimp
Fisheries.
0648–BG45
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
212 ....................
Implementation of a Program for Transshipments by Large Scale Fishing Vessels in the Eastern Pacific
Ocean.
Wisconsin-Lake Michigan National Marine Sanctuary Designation ................................................................
213 ....................
0648–BD59
0648–BG01
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
214 ....................
215 ....................
Pacific Coast Groundfish Fishing Capacity Reduction Loan Refinance .........................................................
Regulatory Amendment to the Pacific Coast Groundfish Fishery Management Plan to Implement an Electronic Monitoring Program for the Pacific Whiting Fishery.
Halibut Deck Sorting Monitoring Requirements for Trawl Catcher/Processors Operating in Non-Pollock
Groundfish Fisheries off Alaska.
Establishing an Overfishing Limit, Acceptable Biological Catch, and Annual Catch Limit for the Central
Subpopulation of Northern Anchovy; Coastal Pelagic Species Fishery Management Plan.
216 ....................
217 ....................
0648–BE90
0648–BF52
0648–BI53
0648–BI73
PATENT AND TRADEMARK OFFICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
218 ....................
Trademark Fee Adjustment (Reg Plan Seq No. 16) ......................................................................................
0651–AD42
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
219 ....................
Setting and Adjusting Patent Fees During Fiscal Year 2020 (Reg Plan Seq No. 17) ...................................
0651–AD31
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration
(ITA)
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DEPARTMENT OF COMMERCE (DOC)
Bureau of Industry and Security (BIS)
11/00/19
Final Rule Stage
178. Regulations Concerning Scope
Inquiries and Covered Merchandise
Referrals From U.S. Customs and
Border Protection
E.O. 13771 Designation: Other.
Legal Authority: 19 U.S.C. 1671 et
seq.; Pub. L. 114–125, sec. 421
Abstract: The Department of
Commerce (Commerce) is proposing to
amend its regulations concerning scope
inquiries (19 CFR 351.225) and to set
forth procedures addressing covered
merchandise referrals from U.S.
Customs and Border Protection (CBP or
the Customs Service).
Timetable:
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Date
NPRM ..................
Proposed Rule Stage
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Action
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jessica Link,
Department of Commerce, International
Trade Administration, 1401
Constitution Avenue NW, Washington,
DC 20230, Phone: 202 482–1411, Email:
jessica.link@trade.gov.
RIN: 0625–AB10
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179. Expansion of Export, Reexport,
and Transfer (In-Country) Controls for
Military End Use or Military End Users
in the People’s Republic of China
(China), Russia, or Venezuela
E.O. 13771 Designation: Other.
Legal Authority: 10 U.S.C. 7420; 10
U.S.C. 7430(e); 15 U.S.C. 1824a; 22
U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22
U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; 30 U.S.C. 185(s); 30 U.S.C.
185(u); 42 U.S.C. 2139a; 43 U.S.C. 1354;
50 U.S.C. 1701 et seq.; 50 U.S.C. 4305;
50 U.S.C. 4601 et seq.; E.O. 12058; E.O.
12851; E.O. 12938; E.O. 12947; E.O.
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13026; E.O. 13099; E.O. 13222; E.O.
13224; Pub. L. 108–11
Abstract: The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR) to
expand license requirements on exports,
reexports, and transfers (in-country) of
items intended for military end use or
military end users in the People’s
Republic of China (China), Russia, or
Venezuela. Specifically, this rule
expands the licensing requirements for
China to include ‘‘military end users,’’
in addition to ‘‘military end use.’’ It
broadens the items for which the
licensing requirements and review
policy apply and expand the definition
of ‘‘military end use.’’ Next, it creates a
new reason for control and associated
review policy for regional stability for
certain items to China, Russia, or
Venezuela, moving existing text related
to this policy. Finally, it adds Electronic
Export Information filing requirements
in the Automated Export System for
exports to China, Russia, and
Venezuela.
Timetable:
Action
Date
Final Action .........
FR Cite
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Proposed Rule Stage
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National Marine Fisheries Service
180. Comprehensive Fishery
Management Plan for Puerto Rico
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement
a comprehensive Puerto Rico Fishery
Management Plan. The Plan would
incorporate, and modify as needed,
Federal fisheries management measures
presently included in each of the
existing species-based U.S. Caribbean
Fishery Management Plans (Spiny
Lobster, Reef Fish, Coral, and Queen
Conch Fishery Management Plans) as
those measures pertain to Puerto Rico
exclusive economic zone waters. The
17:40 Dec 23, 2019
Action
Date
NPRM ..................
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11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BD32
181. Comprehensive Fishery
Management Plan for St. Croix
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Hillary Hess,
Director, Regulatory Policy Division,
Department of Commerce, Bureau of
Industry and Security, 14th Street and
Pennsylvania Avenue NW, Washington,
DC 20230, Phone: 202 482–2440, Fax:
202 482–3355, Email: hillary.hess@
bis.doc.gov.
RIN: 0694–AH53
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goal of this action is to create a Fishery
Management Plan tailored to the
specific fishery management needs of
Puerto Rico. This new Plan, in
conjunction with similar comprehensive
Fishery Management Plans being
developed for St. Croix and St. Thomas/
St. John, would replace the Spiny
Lobster, Reef Fish, Coral and Queen
Conch Fishery Management Plans
presently governing the commercial and
recreational harvest in U.S. Caribbean
exclusive economic zone waters.
Timetable:
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E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement
a comprehensive St. Croix Fishery
Management Plan. The Plan would
incorporate, and modify as needed,
Federal fisheries management measures
presently included in each of the
existing species-based U.S. Caribbean
Fishery Management Plans (Spiny
Lobster, Reef Fish, Coral, and Queen
Conch Fishery Management Plans) as
those measures pertain to St. Croix
exclusive economic zone waters. The
goal of this action is to create a Fishery
Management Plan tailored to the
specific fishery management needs of
St. Croix. This new Plan, in conjunction
with similar comprehensive Fishery
Management Plans being developed for
Puerto Rico and St. Thomas/St. John,
would replace the Spiny Lobster, Reef
Fish, Coral and Queen Conch Fishery
Management Plans presently governing
the commercial and recreational harvest
in U.S. Caribbean exclusive economic
zone waters.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
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Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BD33
182. Comprehensive Fishery
Management Plan for St. Thomas/St.
John
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement
a comprehensive St. Thomas/St. John
Fishery Management Plan. The Plan
would incorporate, and modify as
needed, Federal fisheries management
measures presently included in each of
the existing species-based U.S.
Caribbean Fishery Management Plans
(Spiny Lobster, Reef Fish, Coral, and
Queen Conch Fishery Management
Plans) as those measures pertain to St.
Thomas/St. John exclusive economic
zone waters. The goal of this action is
to create a Fishery Management Plan
tailored to the specific fishery
management needs of St. Thomas/St.
John. This new Plan, in conjunction
with similar comprehensive Fishery
Management Plans being developed for
St. Croix and Puerto Rico, would
replace the Spiny Lobster, Reef Fish,
Coral and Queen Conch Fishery
Management Plans presently governing
the commercial and recreational harvest
in U.S. Caribbean exclusive economic
zone waters.
Timetable:
Action
NPRM ..................
Date
FR Cite
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BD34
183. International Fisheries; Western
and Central Pacific Fisheries for Highly
Migratory Species; Treatment of U.S.
Purse Seine Fishing With Respect to
U.S. Territories
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This action would establish
rules and/or procedures to address the
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treatment of U.S.-flagged purse seine
vessels and their fishing activities in
regulations issued by the National
Marine Fisheries Service that
implement decisions of the Commission
for the Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Commission), of which the United
States is a member. Under the Western
and Central Pacific Fisheries
Convention Implementation Act, the
National Marine Fisheries Service
exercises broad discretion when
determining how it implements
Commission decisions, such as purse
seine fishing restrictions. The National
Marine Fisheries Service intends to
examine the potential impacts of the
domestic implementation of
Commission decisions, such as purse
seine fishing restrictions, on the
economies of the U.S. territories that
participate in the Commission, and
examine the connectivity between the
activities of U.S.-flagged purse seine
fishing vessels and the economies of the
territories. Based on that and other
information, the National Marine
Fisheries Service might propose
regulations that mitigate adverse
economic impacts of purse seine fishing
restrictions on the U.S. territories and/
or that, in the context of the Convention
on the Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention), recognize that one or
more of the U.S. territories have their
own purse seine fisheries that are
distinct from the purse seine fishery of
the United States and that are
consequently subject to special
provisions of the Convention and of
Commission decisions.
Timetable:
Action
Date
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ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
10/23/15
11/23/15
FR Cite
80 FR 64382
09/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1845 Wasp Boulevard,
Building 176, Honolulu, HI 96818,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BF41
VerDate Sep<11>2014
17:40 Dec 23, 2019
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184. International Fisheries; South
Pacific Tuna Fisheries; Implementation
of Amendments to the South Pacific
Tuna Treaty
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 973 et seq.
Abstract: Under authority of the
South Pacific Tuna Act of 1988, this
rule would implement recent
amendments to the Treaty on Fisheries
between the Governments of Certain
Pacific Island States and the
Government of the United States of
America (also known as the South
Pacific Tuna Treaty). The rule would
include modification to the procedures
used to request licenses for U.S. vessels
in the western and central Pacific Ocean
purse seine fishery, including changing
the annual licensing period from Juneto-June to the calendar year, and
modifications to existing reporting
requirements for purse seine vessels
fishing in the western and central
Pacific Ocean. The rule would
implement only those aspects of the
Treaty amendments that can be
implemented under the existing South
Pacific Tuna Act.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/19
Action
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1845 Wasp Boulevard,
Building 176, Honolulu, HI 96818,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BG04
185. Illegal, Unregulated, and
Unreported Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing
Moratorium Protection Act
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 114–81
Abstract: This proposed rule will
make conforming amendments to
regulations implementing the various
statutes amended by the Illegal,
Unreported and Unregulated Fishing
Enforcement Act of 2015 (Pub. L. 114–
81). The Act amends several regional
fishery management organization
implementing statutes as well as the
High Seas Driftnet Fishing Moratorium
Protection Act. It also provides
authority to implement two new
international agreements under the
Antigua Convention, which amends the
Convention for the establishment of an
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Inter-American Tropical Tuna
Commission, and the United Nations
Food and Agriculture Organization
Agreement on Port State Measures to
Prevent, Deter, and Eliminate Illegal,
Unreported and Unregulated Fishing
(Port State Measures Agreement), which
restricts the entry into U.S. ports by
foreign fishing vessels that are known to
be or are suspected of engaging in
illegal, unreported, and unregulated
fishing. This proposed rule will also
implement the Port State Measures
Agreement. To that end, this proposed
rule will require the collection of certain
information from foreign fishing vessels
requesting permission to use U.S. ports.
It also includes procedures to designate
and publicize the ports to which foreign
fishing vessels may seek entry and
procedures for conducting inspections
of these foreign vessels accessing U.S.
ports. Further, the rule establishes
procedures for notification of: the denial
of port entry or port services for a
foreign vessel, the withdrawal of the
denial of port services if applicable, the
taking of enforcement action with
respect to a foreign vessel, or the results
of any inspection of a foreign vessel to
the flag nation of the vessel and other
competent authorities as appropriate.
Timetable:
Fmt 4701
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NPRM ..................
Date
FR Cite
12/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexa Cole, Acting
Director, Office of International Affairs
and Seafood Inspection, Department of
Commerce, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD
20910, Phone: 301 427–8286, Email:
alexa.cole@noaa.gov.
RIN: 0648–BG11
186. International Fisheries; Western
and Central Pacific Fisheries for Highly
Migratory Species; Requirements To
Safeguard Fishery Observers
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This rule would establish
requirements to enhance the safety of
fishery observers on highly migratory
species fishing vessels. This rule would
be issued under the authority of the
Western and Central Pacific Fisheries
Convention Implementation Act, and
pursuant to decisions made by the
Commission for the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean. This action is necessary
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for the United States to satisfy its
obligations under the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean, to
which it is a Contracting Party.
Timetable:
Action
Date
NPRM ..................
FR Cite
03/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1845 Wasp Boulevard,
Building 176, Honolulu, HI 96818,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BG66
187. Area of Overlap Between the
Convention Areas of the InterAmerican Tropical Tuna Commission
and the Western and Central Pacific
Fisheries Commission
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 6901 et
seq.; 16 U.S.C. 951 et seq.
Abstract: Under authority of the
Western and Central Pacific Fisheries
Convention Implementation Act and the
Tuna Conventions Act, an area of
overlap (overlap area) exists between
the respective areas of competence of
the Commission for the Conservation
and Management of Highly Migratory
Fish Stocks in the Western and Central
Pacific Ocean and the Inter-American
Tropical Tuna Commission. NMFS
proposes to change the application of
the two Commissions’ management
decisions in the overlap area to
specifically apply Inter-American
Tropical Tuna Commission management
measures in the overlap area rather than
those of the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean that
currently apply there.
Timetable:
khammond on DSKJM1Z7X2PROD with PROPOSALS4
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
06/12/18
07/12/18
FR Cite
83 FR 27305
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1845 Wasp Boulevard,
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Building 176, Honolulu, HI 96818,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BH59
188. Omnibus Deep-Sea Coral
Amendment
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would
implement the New England Fishery
Management Council’s Omnibus DeepSea Coral Amendment. The Amendment
would implement measures that reduce
impacts of fishing gear on deep-sea
corals in the Gulf of Maine and on the
outer continental shelf. In doing so, this
action would prohibit the use of mobile
bottom-tending gear in two areas in the
Gulf of Maine (Mount Desert Rock and
Outer Schoodic Ridge), and it would
prohibit the use of all gear (with an
exception for red crab pots) along the
outer continental shelf in waters deeper
than a minimum of 600 meters.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
08/26/19
FR Cite
84 FR 44596
12/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BH67
189. Regulatory Amendment to the
Pacific Coast Groundfish Fishery
Management Plan To Implement an
Electronic Monitoring Program for
Bottom Trawl and Non-Whiting
Midwater Trawl Vessels
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would
implement a regulatory amendment to
the Pacific Fishery Management
Council’s Pacific Coast Groundfish
Fishery Management Plan to allow
bottom trawl and midwater trawl
vessels targeting non-whiting species
the option to use electronic monitoring
(video cameras and associated sensors)
in place of observers to meet
requirements for 100-percent observer
coverage. By allowing vessels the option
to use electronic monitoring to meet
monitoring requirements, this action is
intended to increase operational
flexibility and reduce monitoring costs
for the fleet.
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71111
Timetable:
Action
NPRM ..................
Date
FR Cite
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BH70
190. Vessel Movement, Monitoring, and
Declaration Management Enhancement
for the Pacific Coast Groundfish
Fishery; Pacific Coast Groundfish
Fishery Management Plan
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking action
would implement the Pacific Fishery
Management Council’s action to
implement various measures that
provide more efficient and effective
monitoring, improve enforcement of
restricted areas, and reduce costs for the
Pacific coast groundfish fleet. This
action would: Increase the required
frequency of signals transmitted from
type-approved vessel monitoring system
(VMS) units from once per hour to every
15 minutes to provide finer-scale vessel
location data; allow vessels to use
alternative VMS units; add a VMS
declaration to indicate when a vessel is
testing gear; allow vessels participating
in the midwater trawl whiting fishery to
change their declaration while at-sea to
select a new whiting fishery; and allow
vessels to move pot gear from one
management area to another during a
single trip while retaining fish from the
primary management area.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Date
10/10/19
11/12/19
FR Cite
84 FR 54579
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BI45
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191. Requirements To Safeguard
Fishery Observers in the Eastern Pacific
Ocean
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.
Abstract: This rulemaking action
would domestically implement recently
adopted resolutions on improving
observer safety at sea by parties to the
Inter-American Tropical Tuna
Commission (IATTC) and the
Agreement on the International Dolphin
Conservation Program (AIDCP),
including the United States. The
resolutions are binding for IATTC
member nations and AIDCP Parties, and
under the Tuna Conventions Act, 16
U.S.C. 951 et seq. and the Marine
Mammal Protection Act of 1972, as
amended. These resolutions aim to
strengthen protections for observers
required in longline and transshipment
observer programs required under the
IATTC and on purse seine vessels
required by the AIDCP. In implementing
them, this rulemaking proposes to
include provisions that detail
responsibilities for vessel owners and
operators, responsibilities for IATTC
and AIDCP members to which fishing
vessels are flagged, responsibilities for
members that have jurisdiction over
ports, and responsibilities for observer
providers. The action is necessary for
the United States to satisfy its
international obligations as a Member of
the IATTC and AIDCP.
Timetable:
Action
Date
NPRM ..................
FR Cite
11/00/19
khammond on DSKJM1Z7X2PROD with PROPOSALS4
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BI86
192. • Revisions to the Seabird
Avoidance Program for the Pacific
Coast Groundfish Fishery Management
Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a
recommendation by the Pacific Fishery
Management Council, this proposed
rule would require commercial
groundfish bottom longline vessels 26
feet length overall (LOA) and longer
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managed under the Pacific Coast
Groundfish Fishery Management Plan
(FMP) to deploy streamer lines or to set
gear during civil twilight when fishing
in Federal waters north of 36 degrees N.
latitude. The purpose of this proposed
rule is to reduce interactions between
seabirds, especially Endangered Species
Act listed species, and groundfish
longline gear. The action is necessary to
fulfill terms and conditions of a 2017
biological opinion published by the
United States Fish and Wildlife Service
to minimize takes of endangered shorttailed albatross by the Pacific Coast
groundfish fishery.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
09/12/19
10/15/19
FR Cite
84 FR 48094
12/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BI99
193. • Framework Adjustment 59 to the
Northeast Multispecies Fishery
Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking action
proposes to implement management
measures included in the New England
Fishery Management Council’s
Framework Adjustment 59 to the
Northeast Multispecies Fishery
Management Plan (Framework 59)
developed in response to new scientific
information. The proposed action would
set fishing years 2020–2022
specifications for 15 groundfish stocks,
and fishing year 2020 total allocable
catches (TAC) for the three U.S./Canada
stocks: Eastern Georges Bank cod,
Eastern Georges Bank haddock, and
Georges Bank yellowtail flounder. This
action would also revise the Georges
Bank cod incidental TAC to remove the
allocation to the Closed Area I Hook
Gear Haddock Special Access Program,
and as necessary in response to any new
data coming from the Marine
Recreational Information Program,
address commercial/recreational
allocation issues.
Timetable:
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Action
NPRM ..................
Date
FR Cite
02/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BJ12
194. Designation of Critical Habitat for
the Arctic Ringed Seal
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine
Fisheries Service published a final rule
to list the Arctic ringed seal as a
threatened species under the
Endangered Species Act (ESA) in
December 2012. The ESA requires
designation of critical habitat at the time
a species is listed as threatened or
endangered, or within one year of listing
if critical habitat is not then
determinable. This rulemaking would
designate critical habitat for the Arctic
ringed seal. The critical habitat
designation would be in the northern
Bering, Chukchi, and Beaufort seas
within the current range of the species.
Timetable:
Action
NPRM ..................
Proposed Rule ....
Notice of Public
Hearings.
Comment Period
Extended.
Proposed Rule 2
Date
FR Cite
12/03/14
12/09/14
01/13/15
79 FR 71714
79 FR 73010
80 FR 1618
02/02/15
80 FR 5498
09/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–BC56
195. Amendment and Updates to the
Pelagic Longline Take Reduction Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: Serious injury and mortality
of the Western North Atlantic shortfinned pilot whale stock incidental to
the Category I Atlantic pelagic longline
fishery continues at levels exceeding
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their Potential Biological Removal. This
proposed action will examine a number
of management measures to amend the
Pelagic Longline Take Reduction Plan to
reduce the incidental mortality and
serious injury of short-finned pilot
whales taken in the Atlantic Pelagic
Longline fishery to below Potential
Biological Removal. Potential
management measures may include
changes to the current limitations on
mainline length, new requirements to
use weak hooks (hooks with reduced
breaking strength), and non-regulatory
measures related to determining the best
procedures for safe handling and release
of marine mammals. The need for the
proposed action is to ensure the Pelagic
Longline Take Reduction Plan meets its
Marine Mammal Protection Act
mandated short- and long-term goals.
Timetable:
Action
Date
NPRM ..................
FR Cite
01/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–BF90
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196. Endangered and Threatened
Species; Designation of Critical Habitat
for Threatened Caribbean and IndoPacific Reef-Building Corals
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On September 10, 2014, the
National Marine Fisheries Service listed
20 species of reef-building corals as
threatened under the Endangered
Species Act, 15 in the Indo-Pacific and
five in the Caribbean. Of the 15 IndoPacific species, seven occur in U.S.
waters of the Pacific Islands Region,
including in American Samoa, Guam,
the Commonwealth of the Mariana
Islands, and the Pacific Remote Island
Areas. This proposed rule would
designate critical habitat for the seven
species in U.S. waters (Acropora
globiceps, Acropora jacquelineae,
Acropora retusa, Acropora speciosa,
Euphyllia paradivisa, Isopora
crateriformis, and Seriatopora aculeata).
The proposed designation would cover
coral reef habitat around 17 island or
atoll units in the Pacific Islands Region,
including four in American Samoa, one
in Guam, seven in the Commonwealth
of the Mariana Islands, and five in
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17:40 Dec 23, 2019
Jkt 250001
Pacific Remote Island Areas, containing
essential features that support
reproduction, growth, and survival of
the listed coral species. This rule also
proposes to designate critical habitat for
the five Caribbean corals and proposed
to revise critical habitat for two
previously-listed corals, Acropora
palmata and Acropora cervicornis.
Timetable:
Action
Date
NPRM ..................
FR Cite
06/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–BG26
197. Revision to Critical Habitat
Designation for Endangered Southern
Resident Killer Whales
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The proposed action would
revise the designation of critical habitat
for the endangered Southern Resident
killer whale distinct population
segment, pursuant to section 4 of the
Endangered Species Act. Critical habitat
for this population is currently
designated within inland waters of
Washington. In response to a 2014
petition, NMFS is proposing to expand
the designation to include areas
occupied by Southern Resident killer
whales in waters along the U.S. West
Coast. Impacts from the designation
would stem mainly from Federal
agencies’ requirement to consult with
NMFS, under section 7 of the
Endangered Species Act, to ensure that
any action they carry out, permit
(authorize), or fund will not result in the
destruction or adverse modification of
critical habitat of a listed species.
Federal agencies are already required to
consult on effects to the currently
designated critical habitat in inland
waters of Washington, but consultation
would be newly required for actions
affecting the expanded critical habitat
areas. Federal agencies are also already
required to consult within the Southern
Resident killer whales’ range (including
along the U.S. West Coast) to ensure that
any action they carry out, permit, or
fund will not jeopardize the continued
existence of the species; this
requirement would not change with a
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revision to the critical habitat
designation.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
09/19/19
12/18/19
FR Cite
84 FR 49214
09/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–BH95
198. Designation of Critical Habitat for
the Mexico, Central American, and
Western Pacific Distinct Population
Segments of Humpback Whales Under
the Endangered Species Act
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: This action will propose the
designation of critical habitat for three
distinct population segments of
humpback whales (Megaptera
novaeangliae) pursuant to section 4 of
the Endangered Species Act. The three
distinct population segments of
humpback whales concerned—the
Mexico, Central American, and Western
Pacific distinct population segments—
were listed under the Endangered
Species Act on September 8, 2016,
thereby triggering the requirement
under section 4 of the Endangered
Species Act to designate critical habitat
to the maximum extent prudent and
determinable. Proposed critical habitat
for these three distinct population
segments of humpback whales will
include marine habitats within the
Pacific Ocean and Bering Sea and will
likely overlap with several existing
designations, including critical habitat
for leatherback sea turtles, North Pacific
right whales, Steller sea lions, southern
resident killer whales, and the southern
distinct population segment of green
sturgeon. Impacts from the designations
for humpback whales would stem from
the statutory requirement for Federal
agencies to consult with NMFS, under
section 7 of the Endangered Species Act,
to ensure that any action they carry out,
authorize, or fund will not result in the
destruction or adverse modification of
humpback whale critical habitat. Within
many of the areas we are evaluating for
potential proposal as critical habitat for
the humpback whales distinct
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population segments, Federal agencies
are already required to consult on
effects to currently designated critical
habitat for other listed species. Federal
agencies are also already required to
consult with NMFS under section 7 of
the Endangered Species Act to ensure
that any action they authorize, fund or
carry out will not jeopardize the
continued existence of the listed
distinct population segments of
humpback whales.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
10/09/19
12/09/19
FR Cite
84 FR 54354
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–BI06
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
khammond on DSKJM1Z7X2PROD with PROPOSALS4
199. Jonah Crab Fishery; Interstate
Fishery Management Plan for Jonah
Crab
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 5101 et seq.
Abstract: The National Marine
Fisheries Service proposes Federal
Jonah crab regulations to help achieve
the goal of the Atlantic States Marine
Fisheries Commission’s Interstate
Fishery Management Plan to promote
Jonah crab conservation, reduce the
possibility of recruitment failure, and
allow the industry to continue fishing
the resource at present levels. The Jonah
Crab Plan was developed out of concern
for potential impacts to the status of the
Jonah crab resource, given the recent
and rapid increase in landings.
Commercial and recreational measures
and reporting requirements were
recommended for Federal
implementation in the Jonah Crab Plan.
Measures include: Permitting, minimum
size, prohibition on retaining eggbearing females, and incidental bycatch
limit, and reporting requirements that
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17:40 Dec 23, 2019
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are consistent with American lobster
fishery requirements. Most States have
implemented measures consistent with
the Plan. The proposed measures would
complement those implemented by the
States.
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
10/13/16
11/14/16
81 FR 70658
03/22/19
04/22/19
84 FR 10756
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BF43
200. Commerce Trusted Trader
Program
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule will establish a
voluntary Commerce Trusted Trader
Program for importers, aiming to
provide benefits such as reduced
targeting and inspections and enhanced
streamlined entry into the United States
for certified importers. Specifically, this
rule would establish the criteria
required of a Commerce Trusted Trader,
and identify specifically how the
program will be monitored and by
whom. It will require that a Commerce
Trusted Trader establish a secure supply
chain and maintain the records
necessary to verify the legality of all
designated product entering into U.S.
commerce, but will excuse the
Commerce Trusted Trader from entering
that data into the International Trade
Data System prior to entry, as required
by Seafood Import Monitoring Program
(finalized on December 9, 2016). The
rule will identify the benefits available
to a Commerce Trusted Trader, detail
the application process, and specify
how the Commerce Trusted Trader will
be audited by third-party entities while
the overall program will be monitored
by the National Marine Fisheries
Service.
Timetable:
Action
Date
NPRM ..................
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01/17/18
Fmt 4701
FR Cite
83 FR 2412
Sfmt 4702
Action
NPRM Comment
Period End.
Withdrawal ..........
Date
FR Cite
03/19/18
12/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexa Cole, Acting
Director, Office of International Affairs
and Seafood Inspection, Department of
Commerce, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD
20910, Phone: 301 427–8286, Email:
alexa.cole@noaa.gov.
RIN: 0648–BG51
201. Rule To Implement the For-Hire
Reporting Amendments
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule proposes to
implement Amendment 39 for the
Snapper-Grouper Fishery of the South
Atlantic Region, Amendment 9 for the
Dolphin and Wahoo Fishery of the
Atlantic, and Amendment 27 to the
Coastal Migratory Pelagics Fishery of
the Gulf of Mexico and Atlantic Regions
(For-Hire Reporting Amendments). The
For-Hire Reporting Amendments rule
proposes mandatory weekly electronic
reporting for charter vessel operators
with a Federal for-hire permit in the
snapper-grouper, dolphin wahoo, or
coastal migratory pelagics fisheries;
reduces the time allowed for headboat
operators to complete their electronic
reports; and requires location reporting
by charter vessels with the same level of
detail currently required for headboat
vessels.
Timetable:
Action
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
FR Cite
03/14/18
83 FR 11164
04/04/18
05/04/18
83 FR 14400
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BG75
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202. Generic Amendment to the Fishery
Management Plans for the Reef Fish
Resources of the Gulf of Mexico and
Coastal Migratory Pelagic Resources in
the Gulf of Mexico and Atlantic Region
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action, recommended
by the Gulf of Mexico Fishery
Management Council, would modify
data reporting for owners or operators of
federally permitted for-hire vessels
(charter vessels and headboats) in the
Gulf of Mexico, requiring them to
declare the type of trip (for-hire or
other) prior to departing for any trip,
and electronically submit trip-level
reports prior to off-loading fish at the
end of each fishing trip. The declaration
would include the expected return time
and landing location. Landing reports
would include information about catch
and effort during the trip. The action
would also require that these reports be
submitted via approved hardware that
includes a global positioning system
attached to the vessel that is capable, at
a minimum, of archiving global
positioning system locations. This
requirement would not preclude the use
of global positioning system devices that
provide real-time location data, such as
the currently approved vessel
monitoring systems.
Timetable:
Action
Date
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Notice of Availability.
NPRM ..................
Correction ............
Comment Period
Extended.
NPRM Comment
Period End.
Comment Period
Extended End.
Final Action .........
06/21/18
10/26/18
11/08/18
11/20/18
FR Cite
83 FR 54069
83 FR 55850
83 FR 58522
11/26/18
01/09/19
01/00/20
203. Magnuson-Stevens Fisheries
Conservation and Management Act;
Traceability Information Program for
Seafood
Regulatory Plan: This entry is Seq.
No. 15 in part II of this issue of the
Federal Register.
17:40 Dec 23, 2019
204. Atlantic Highly Migratory Species;
Pelagic Longline Bluefin Tuna AreaBased and Weak Hook Management
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic Highly Migratory
Species (HMS) fisheries are managed
under the dual authority of the
Magnuson-Stevens Conservation and
Management Act (Magnuson-Stevens
Act) and the Atlantic Tunas Convention
Act (ATCA). This rulemaking will
address the area-based and weak hook
management measures for bluefin tuna
in the pelagic longline fishery. NMFS
implemented an individual bluefin tuna
quota system for pelagic longline fishery
participants in 2015. With this approach
and its emphasis on individual vessel
accountability, NMFS has determined
some fleetwide measures may be
redundant. This action would
appropriately streamline regulations
and increase flexibility to the Atlantic
pelagic longline fishery while
maintaining bycatch reduction and
conservation and management
obligations.
Timetable:
Action
Date
NPRM ..................
NPRM Correction
NPRM Comment
Period End.
Final Action .........
07/12/19
08/08/19
09/30/19
FR Cite
84 FR 33205
84 FR 38918
04/00/20
83 FR 28797
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BH72
VerDate Sep<11>2014
RIN: 0648–BH87
Jkt 250001
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alan Risenhoover,
Director, Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20910, Phone: 301 713–2334, Fax:
301 713–0596, Email: alan.risenhoover@
noaa.gov.
RIN: 0648–BI51
205. Reduce Gulf of Mexico Red
Grouper Annual Catch Limits and
Annual Catch Targets
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Gulf of Mexico Fishery
Management Council (Council) has
requested that NMFS publish a rule
under section 305(c) of the MagnusonStevens Fishery Conservation and
Management Act (MSA) to temporarily
reduce the red grouper commercial and
recreational Annual Catch Limits
(ACLs) and associated Annual Catch
Targets (ACTs). In October 2018, the
PO 00000
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71115
Council’s Scientific and Statistical
Committee (SSC) reviewed the results of
an interim analysis performed by the
Southeast Fisheries Science Center and
recommended that the Council reduce
the red grouper commercial and
recreational ACLs and ACTs, effective
for the 2019 fishing year. In addition,
there have been recent deceases in red
grouper landings and public testimony
at the October Council meeting
expressed concern about the status of
the red grouper stock. Therefore, the
Council is developing a framework
action to reduce the ACLs and ACTs. In
the meantime, based on these recent
unforeseen circumstances, and
consistent with the Council’s request,
NMFS intends to implement a rule
under MSA section 305(c) to establish
lower red grouper ACLs and ACTs for
2019.
Timetable:
Action
Proposed Emergency Rule.
Proposed Emergency Rule
Comment Period End.
Final Emergency
Rule.
Final Emergency
Rule Effective.
Extension of
Emergency
Rule.
Date
03/05/19
FR Cite
84 FR 7864
03/20/19
05/17/19
84 FR 22389
05/17/19
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BI63
206. Interim 2019 Tribal Pacific
Whiting Allocation and Require
Consideration of Chinook Salmon
Bycatch Before Reapportioning Tribal
Whiting; Pacific Coast Groundfish
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS issued a final rule for
the tribal Pacific whiting (whiting)
fishery off the coast of Washington
State. The purpose is to establish an
interim 2019 tribal whiting allocation,
and to protect ESA-listed Chinook
salmon, as required in the Terms and
Conditions of a December 11, 2017,
Biological Opinion. NMFS developed
this rule after discussions with the
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affected tribes and the non-tribal
fisheries interests. As in prior years, this
allocation is an ‘‘interim’’ allocation that
is not intended to set precedent for
future years.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Correcting
Amendment.
FR Cite
03/15/19
04/01/19
84 FR 9471
05/10/19
05/10/19
84 FR 20578
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BI67
khammond on DSKJM1Z7X2PROD with PROPOSALS4
207. • Framework Action To Reduce
Gulf of Mexico Red Grouper Annual
Catch Limits and Annual Catch Targets
to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS proposes to
implement management measures
described in a framework action to the
Fishery Management Plan (FMP) for the
Reef Fish Resources of the Gulf of
Mexico (Gulf), as prepared by the Gulf
of Mexico Fishery Management Council
(Council). The framework action is
titled ‘‘Modification of Gulf of Mexico
Red Grouper Annual Catch Limits and
Annual Catch Targets.’’ This proposed
rule would reduce the red grouper
commercial and recreational annual
catch limits (ACLs) and annual catch
targets (ACTs). The purpose of this rule
is to continue the Gulf red grouper
commercial and recreational ACL and
ACT reductions implemented through
emergency rulemaking in 2019 to
protect the stock and to continue to
achieve optimum yield.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
VerDate Sep<11>2014
FR Cite
07/19/19
08/19/19
84 FR 34845
10/01/19
10/31/19
84 FR 52036
17:40 Dec 23, 2019
Jkt 250001
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
RIN: 0648–BI95
208. • Amendment 18 to the Fishery
Management Plan for the Shrimp
Fishery of the Gulf of Mexico, U.S.
Waters
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et
seq.
Abstract: This action would
implement the Gulf of Mexico Fishery
Management Council’s Amendment 18
to the Shrimp Fishery Management
Plan. It would do so by adjusting the
target reduction goal for juvenile red
snapper mortality in the Federal Gulf of
Mexico (Gulf) shrimp trawl fishery in
the 10–30 fathom depth zone, as well as
modifying the Plan’s framework
procedure to streamline the process to
make future modifications to this target
reduction goal. As part of the Gulf red
snapper rebuilding plan, NMFS
previously capped effort in the Gulf
shrimp fishery based on Council
recommendation to protect juvenile red
snapper caught as bycatch in shrimp
nets. However, the Gulf red snapper
stock is no longer overfished or
undergoing overfishing, and the red
snapper stock acceptable biological
catch (ABC) has consistently increased
under the rebuilding plan. Accordingly,
this action is expected to promote
economic stability and achievement of
optimum yield in the Federal Gulf
shrimp fishery by reducing effort
constraints, while continuing to protect
Gulf red snapper.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
08/01/19
84 FR 37611
08/29/19
09/30/19
84 FR 45459
11/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Roy E. Crabtree,
Regional Administrator, Southeast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Fax: 727 824–5308,
Email: roy.crabtree@noaa.gov.
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Fmt 4701
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RIN: 0648–BI96
209. Reducing Disturbances to
Hawaiian Spinner Dolphins From
Human Interactions
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: This action would
implement regulatory measures under
the Marine Mammal Protection Act to
protect Hawaiian spinner dolphins that
are resting in protected bays from take
due to close approach interactions with
humans.
Timetable:
Action
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Reopened.
NPRM Comment
Period Reopened End.
Final Action .........
Date
FR Cite
12/12/05
01/11/06
70 FR 73426
08/24/16
10/23/16
81 FR 57854
11/16/16
81 FR 80629
12/01/16
01/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–AU02
210. Taking and Importing Marine
Mammals: Taking Marine Mammals
Incidental to Geophysical Surveys
Related to Oil and Gas Activities in the
Gulf of Mexico
Regulatory Plan: This entry is Seq.
No. 14 in part II of this issue of the
Federal Register.
RIN: 0648–BB38
211. Regulation To Reduce Incidental
Bycatch and Mortality of Sea Turtles in
the Southeastern U.S. Shrimp Fisheries
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The purpose of the proposed
action is to aid in the protection and
recovery of listed sea turtle populations
by reducing incidental bycatch and
mortality of small sea turtles in the
Southeastern U.S. shrimp fisheries. As a
result of new information on sea turtle
bycatch in shrimp trawls and turtle
excluder device testing, NMFS
conducted an evaluation of the
Southeastern U.S. shrimp fisheries that
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resulted in a draft environmental impact
statement. This rule proposes to
withdraw the alternative tow time
restriction and require certain vessels
using skimmer trawls, pusher-head
trawls, and wing nets (butterfly trawls),
with the exception of vessels
participating in the Biscayne Bay wing
net fishery in Miami-Dade County,
Florida, to use turtle excluder devices
designed to exclude small sea turtles.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
12/16/16
02/14/17
FR Cite
81 FR 91097
12/00/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Donna Wieting,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400.
RIN: 0648–BG45
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Long-Term Actions
National Marine Fisheries Service
khammond on DSKJM1Z7X2PROD with PROPOSALS4
212. Implementation of a Program for
Transshipments by Large Scale Fishing
Vessels in the Eastern Pacific Ocean
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.;
16 U.S.C. 971 et seq.
Abstract: This rule would implement
the Inter-American Tropical Tuna
Commission program to monitor
transshipments by large-scale tuna
fishing vessels, and would govern
transshipments by U.S. large-scale tuna
fishing vessels and carrier, or receiving,
vessels. The rule would establish:
Criteria for transshipping in port;
criteria for transshipping at sea by
longline vessels to an authorized carrier
vessel with an Inter-American Tropical
Tuna Commission observer onboard and
an operational vessel monitoring
system; and require the Pacific
Transshipment Declaration Form, which
must be used to report transshipments
in the Inter-American Tropical Tuna
Commission Convention Area. This rule
is necessary for the United States to
satisfy its international obligations
under the 1949 Convention for the
Establishment of an Inter-American
VerDate Sep<11>2014
17:40 Dec 23, 2019
Jkt 250001
Tropical Tuna, to which it is a
Contracting Party.
Timetable:
Action
Date
NPRM ..................
Action
FR Cite
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom, Phone:
503 231–6266, Email: barry.thom@
noaa.gov.
RIN: 0648–BD59
NPRM Comment
Period End.
Final Action .........
Date
71117
FR Cite
03/31/17
11/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Vicki Wedell, Phone:
240 533–0650, Email: vicki.wedell@
noaa.gov.
RIN: 0648–BG01
NOS/ONMS
213. Wisconsin-Lake Michigan National
Marine Sanctuary Designation
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: On December 2, 2014,
pursuant to section 304 of the National
Marine Sanctuaries Act and the
Sanctuary Nomination Process (79 FR
33851), a coalition of community groups
submitted a nomination asking NOAA
to designate an area of Wisconsin’s Lake
Michigan waters as a national marine
sanctuary. The area is a region that
includes 875 square miles of Lake
Michigan waters and bottomlands
adjacent to Manitowoc, Sheboygan, and
Ozaukee counties and the cities of Port
Washington, Sheboygan, Manitowoc,
and Two Rivers. It includes 80 miles of
shoreline and extends 9 to 14 miles
from the shoreline. The area contains an
extraordinary collection of submerged
maritime heritage resources
(shipwrecks) as demonstrated by the
listing of 15 shipwrecks on the National
Register of Historic Places. The area
includes 39 known shipwrecks, 123
reported vessel losses, numerous other
historic maritime-related features, and is
adjacent to communities that have
embraced their centuries-long
relationship with Lake Michigan. NOAA
completed its review of the nomination
in accordance with the Sanctuary
Nomination Process and on February 5,
2015, added the area to the inventory of
nominations that are eligible for
designation. On October 7, 2015, NOAA
issued a notice of intent to begin the
designation process and asked for
public comment on making this area a
national marine sanctuary. Designation
under the National Marine Sanctuaries
Act would allow NOAA to supplement
and complement work by the State of
Wisconsin and other Federal agencies to
protect this collection of nationally
significant shipwrecks.
Timetable:
Action
Date
NPRM ..................
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01/09/17
Fmt 4701
FR Cite
82 FR 2269
Sfmt 4702
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Completed Actions
214. Pacific Coast Groundfish Fishing
Capacity Reduction Loan Refinance
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 1861 et seq.; 5 U.S.C. 561
et seq.
Abstract: Congress enacted the 2015
National Defense Authorization Act to
refinance the existing debt obligation
funding the fishing capacity reduction
program for the Pacific Coast
Groundfish fishery implemented under
section 212. Pending appropriation of
funds to effect the refinance, the
National Marine Fisheries Service
issued proposed regulations to seek
comment on the refinancing and to
prepare for an industry referendum and
final rule. However, a subsequent
appropriation to fund the refinancing
was never enacted. As a result, the
National Marine Fisheries Service has
no funds with which to proceed, and
the refinancing authority cannot be
implemented at this time.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Withdrawn ...........
Date
08/06/15
09/08/15
FR Cite
80 FR 46941
08/28/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brian Pawlak,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8621, Email:
brian.t.pawlak@noaa.gov.
RIN: 0648–BE90
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215. Regulatory Amendment to the
Pacific Coast Groundfish Fishery
Management Plan To Implement an
Electronic Monitoring Program for the
Pacific Whiting Fishery
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action implements a
regulatory amendment to the Pacific
Coast Groundfish Fishery Management
Plan to allow Pacific whiting vessels the
option to use electronic monitoring
(video cameras and associated sensors)
in place of observers to meet
requirements for 100-percent observer
coverage. Vessels participating in the
catch share program are required to
carry an observer on all trips to ensure
total accountability for at-sea discards.
For some vessels, electronic monitoring
may have lower costs than observers
and a reduced logistical burden. By
allowing vessels the option to use
electronic monitoring to meet
monitoring requirements, this action is
intended to increase operational
flexibility and reduce monitoring costs
for the Pacific whiting fleet.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Correction ............
Final Rule Effective.
Correction Effective.
FR Cite
09/06/16
10/06/16
81 FR 61161
06/28/19
07/26/19
07/29/19
84 FR 31146
84 FR 36034
khammond on DSKJM1Z7X2PROD with PROPOSALS4
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C 1801 et seq.
Abstract: In the non-pollock trawl
groundfish fisheries off Alaska, there are
catch limits for Pacific halibut as a
prohibited species if halibut mortality
reaches the limit, the fishery closes
regardless of whether or not fishery
Jkt 250001
Date
FR Cite
04/16/19
05/16/19
84 FR 15566
10/15/19
11/14/19
84 FR 55044
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7221, Fax: 907 586–7465, Email:
jim.balsiger@noaa.gov.
RIN: 0648–BI53
216. Halibut Deck Sorting Monitoring
Requirements for Trawl Catcher/
Processors Operating in Non-Pollock
Groundfish Fisheries off Alaska
17:40 Dec 23, 2019
Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
07/29/19
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BF52
VerDate Sep<11>2014
participants have reached the quotas for
the actual target groundfish species.
This proposed action would implement
catch handling and monitoring
requirements to allow the sorting of
Pacific halibut prohibited species catch
(PSC) on the deck of trawl catcher/
processors and motherships
participating in these fisheries. This
would allow Pacific halibut to be
discarded prior to entering the onboard
factory, thereby reducing discard
mortality. Reducing halibut discard
mortality could in turn maximize
harvest of the directed groundfish
fisheries that otherwise might be
constrained by the regulatory halibut
PSC limits. To participate in halibut
deck sorting, a vessel would be required
to comply with additional monitoring
and equipment requirements to ensure
accurate accounting for halibut PSC
sorted on deck. Participation in this
program along with the associated costs
would be voluntary, allowing for
flexibility for individual vessel owners
of non-pollock trawl catcher/processors
and motherships to determine if the
benefits of reduced halibut mortality,
and the corresponding reduction in
fleet-wide PSC rates, outweigh the
individual costs of complying with the
monitoring and enforcement
requirements.
Timetable:
217. Establishing an Overfishing Limit,
Acceptable Biological Catch, and
Annual Catch Limit for the Central
Subpopulation of Northern Anchovy;
Coastal Pelagic Species Fishery
Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
PO 00000
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Fmt 4701
Sfmt 4702
Abstract: On January 18, 2018, the
U.S. District Court for the Northern
District of California granted summary
judgment to the conservation group
Oceana, in litigation over management
of Northern Anchovy off the West Coast
under the Magnuson-Stevens Fishery
Conservation and Management Act
(Oceana, Inc. v. Ross). Specifically, the
court vacated all currently existing
management reference points (i.e.,
Annual Catch Limit, Overfishing Limit,
Acceptable Biological Catch) for the
central subpopulation of Northern
Anchovy (CSNA). This was followed by
a separate court order requiring NMFS
to establish a new Overfishing Limit
(OFL), Acceptable Biological Catch
(ABC), and Annual Catch Limit (ACL)
no later than April 18, 2019. This action
is the result of these court orders and
establishes a new OFL, ABC, and ACL
for the CSNA. NMFS originally
intended to issue a final rule without
advance public notice and comment to
ensure a rule was in place before the
court-ordered deadline. The Court
rejected this plan and ordered NMFS to
publish a proposed rule with
opportunity for public comment
followed by a final rule.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
04/08/19
04/23/19
84 FR 13858
05/31/19
07/01/19
84 FR 25196
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Barry Thom,
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231–6266, Email:
barry.thom@noaa.gov.
RIN: 0648–BI73
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Proposed Rule Stage
218. • Trademark Fee Adjustment
Regulatory Plan: This entry is Seq.
No. 16 in part II of this issue of the
Federal Register.
RIN: 0651–AD42
E:\FR\FM\26DEP4.SGM
26DEP4
Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / UA: Reg Flex Agenda
DEPARTMENT OF COMMERCE (DOC)
RIN: 0651–AD31
[FR Doc. 2019–26535 Filed 12–23–19; 8:45 am]
Patent and Trademark Office (PTO)
BILLING CODE 3510–12–P
Final Rule Stage
219. Setting and Adjusting Patent Fees
During Fiscal Year 2020
khammond on DSKJM1Z7X2PROD with PROPOSALS4
Regulatory Plan: This entry is Seq.
No. 17 in part II of this issue of the
Federal Register.
VerDate Sep<11>2014
17:40 Dec 23, 2019
Jkt 250001
PO 00000
Frm 00015
Fmt 4701
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E:\FR\FM\26DEP4.SGM
26DEP4
71119
Agencies
[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Unknown Section]
[Pages 71105-71119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26535]
[[Page 71105]]
Vol. 84
Thursday,
No. 247
December 26, 2019
Part IV
Department of Commerce
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 /
UA: Reg Flex Agenda
[[Page 71106]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
13 CFR Ch. III
15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and
XI
19 CFR Ch. III
37 CFR Chs. I, IV, and V
48 CFR Ch. 13
50 CFR Chs. II, III, IV, and VI
Fall 2019 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 (Commerce), in the spring and
fall of each year, publishes in the Federal Register an agenda of
regulations under development or review over the next 12 months.
Rulemaking actions are grouped according to prerulemaking, proposed
rules, final rules, long-term actions, and rulemaking actions completed
since the spring 2019 agenda. The purpose of the Agenda is to provide
information to the public on regulations that are currently under
review, being proposed, or issued by Commerce. The Agenda is intended
to facilitate comments and views by interested members of the public.
Commerce's fall 2019 regulatory agenda includes regulatory
activities that are expected to be conducted during the period October
1, 2019, through September 30, 2020.
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 Asha Mathew, 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: Commerce hereby publishes its fall 2019
Unified Agenda of Federal Regulatory and Deregulatory Actions pursuant
to Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C.
601 et seq. Executive Order 12866 requires agencies to publish an
agenda of those regulations that are under consideration pursuant to
this order. By memorandum of June 26, 2019, the Office of Management
and Budget issued guidelines and procedures for the preparation and
publication of the fall 2019 Unified Agenda. The Regulatory Flexibility
Act requires agencies to publish, in the spring and fall of each year,
a regulatory flexibility agenda that contains a brief description of
the subject of any rule likely to have a significant economic impact on
a substantial number of small entities.
Beginning with the fall 2007 edition, the internet became the basic
means for disseminating the Unified Agenda. The complete Unified Agenda
is available online at www.reginfo.gov, in a format that offers users a
greatly enhanced ability to obtain information from the Agenda
database.
In this edition of Commerce's regulatory agenda, a list of the most
important significant regulatory and deregulatory actions and a
Statement of Regulatory Priorities are included in the Regulatory Plan,
which appears in both the online Unified Agenda and in part II of the
issue of the Federal Register that includes the Unified Agenda.
Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act, Commerce's printed agenda entries include only:
(1) Rules that are in the Agency's regulatory flexibility agenda,
in accordance with the Regulatory Flexibility Act, because they are
likely to have a significant economic impact on a substantial number of
small entities; and
(2) Rules that the Agency has identified for periodic review under
section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. Additional information on these entries is available in
the Unified Agenda published on the internet. In addition, for fall
editions of the Agenda, Commerce's entire Regulatory Plan will continue
to be printed in the Federal Register.
Within Commerce, the Office of the Secretary and various operating
units may issue regulations. Among these operating units, the National
Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry
and Security, and the Patent and Trademark Office issue the greatest
share of Commerce's regulations.
A large number of regulatory actions reported in the Agenda deal
with fishery management programs of NOAA's National Marine Fisheries
Service (NMFS). To avoid repetition of programs and definitions, as
well as to provide some understanding of the technical and
institutional elements of NMFS' programs, an ``Explanation of
Information Contained in NMFS Regulatory Entries'' is provided below.
Explanation of Information Contained in NMFS Regulatory Entries
The Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs the management of fisheries
within the Exclusive Economic Zone of the United States (EEZ). The EEZ
refers to those waters from the outer edge of the State boundaries,
generally 3 nautical miles, to a distance of 200 nautical miles. For
fisheries that require conservation and management measures, eight
Regional Fishery Management Councils (Councils) prepare and submit to
NMFS Fishery Management Plans (FMPs) for fisheries within their
respective areas in the EEZ. The Councils are required by law to
conduct public hearings on the development of FMPs and FMP amendments.
Consistent with applicable law, environmental and other analyses are
developed that consider alternatives to proposed actions.
Pursuant to the Magnuson-Stevens Act, the Councils also submit to
NMFS proposed regulations that they deem necessary or appropriate to
implement FMPs. The proposed regulations, FMPs, and FMP amendments are
subject to review and approval by NMFS, based on consistency with the
Magnuson-Stevens Act and other applicable law. NMFS is responsible for
conducting the rulemaking process for FMP implementing regulations. The
Council process for developing FMPs and amendments and proposed
regulations makes it difficult for NMFS to determine the significance
and timing of some regulatory actions under consideration by the
Councils at the time the semiannual regulatory agenda is published.
Commerce's fall 2019 regulatory agenda follows.
Dated: July 31, 2019.
Peter B. Davidson,
General Counsel.
[[Page 71107]]
International Trade Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
178....................... Regulations Concerning 0625-AB10
Scope Inquiries and
Covered Merchandise
Referrals From U.S.
Customs and Border
Protection.
------------------------------------------------------------------------
Bureau of Industry and Security--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
179....................... Expansion of Export, 0694-AH53
Reexport, and Transfer
(In-Country) Controls for
Military End Use or
Military End Users in the
People's Republic of
China (China), Russia, or
Venezuela.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
180....................... Comprehensive Fishery 0648-BD32
Management Plan for
Puerto Rico.
181....................... Comprehensive Fishery 0648-BD33
Management Plan for St.
Croix.
182....................... Comprehensive Fishery 0648-BD34
Management Plan for St.
Thomas/St. John.
183....................... International Fisheries; 0648-BF41
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Treatment of U.S. Purse
Seine Fishing With
Respect to U.S.
Territories.
184....................... International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
185....................... Illegal, Unregulated, and 0648-BG11
Unreported Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act.
186....................... International Fisheries; 0648-BG66
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Requirements to Safeguard
Fishery Observers.
187....................... Area of Overlap Between 0648-BH59
the Convention Areas of
the Inter-American
Tropical Tuna Commission
and the Western and
Central Pacific Fisheries
Commission.
188....................... Omnibus Deep-Sea Coral 0648-BH67
Amendment.
189....................... Regulatory Amendment to 0648-BH70
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
Bottom Trawl and Non-
Whiting Midwater Trawl
Vessels.
190....................... Vessel Movement, 0648-BI45
Monitoring, and
Declaration Management
Enhancement for the
Pacific Coast Groundfish
Fishery; Pacific Coast
Groundfish Fishery
Management Plan.
191....................... Requirements to Safeguard 0648-BI86
Fishery Observers in the
Eastern Pacific Ocean.
192....................... Revisions to the Seabird 0648-BI99
Avoidance Program for the
Pacific Coast Groundfish
Fishery Management Plan.
193....................... Framework Adjustment 59 to 0648-BJ12
the Northeast
Multispecies Fishery
Management Plan.
194....................... Designation of Critical 0648-BC56
Habitat for the Arctic
Ringed Seal.
195....................... Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
196....................... Endangered and Threatened 0648-BG26
Species; Designation of
Critical Habitat for
Threatened Caribbean and
Indo-Pacific Reef-
Building Corals.
197....................... Revision to Critical 0648-BH95
Habitat Designation for
Endangered Southern
Resident Killer Whales.
198....................... Designation of Critical 0648-BI06
Habitat for the Mexico,
Central American, and
Western Pacific Distinct
Population Segments of
Humpback Whales Under the
Endangered Species Act.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
199....................... Jonah Crab Fishery; 0648-BF43
Interstate Fishery
Management Plan for Jonah
Crab.
200....................... Commerce Trusted Trader 0648-BG51
Program.
201....................... Rule to Implement the For- 0648-BG75
Hire Reporting Amendments.
202....................... Generic Amendment to the 0648-BH72
Fishery Management Plans
for the Reef Fish
Resources of the Gulf of
Mexico and Coastal
Migratory Pelagic
Resources in the Gulf of
Mexico and Atlantic
Region.
203....................... Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood (Reg
Plan Seq No. 15).
204....................... Atlantic Highly Migratory 0648-BI51
Species; Pelagic Longline
Bluefin Tuna Area-Based
and Weak Hook Management.
205....................... Reduce Gulf of Mexico Red 0648-BI63
Grouper Annual Catch
Limits and Annual Catch
Targets.
206....................... Interim 2019 Tribal 0648-BI67
Pacific Whiting
Allocation and Require
Consideration of Chinook
Salmon Bycatch Before
Reapportioning Tribal
Whiting; Pacific Coast
Groundfish.
207....................... Framework Action to Reduce 0648-BI95
Gulf of Mexico Red
Grouper Annual Catch
Limits and Annual Catch
Targets to the Fishery
Management Plan for the
Reef Fish Resources of
the Gulf of Mexico.
208....................... Amendment 18 to the 0648-BI96
Fishery Management Plan
for the Shrimp Fishery of
the Gulf of Mexico, U.S.
Waters.
209....................... Reducing Disturbances to 0648-AU02
Hawaiian Spinner Dolphins
From Human Interactions.
210....................... Taking and Importing 0648-BB38
Marine Mammals: Taking
Marine Mammals Incidental
to Geophysical Surveys
Related to Oil and Gas
Activities in the Gulf of
Mexico (Reg Plan Seq No.
14).
[[Page 71108]]
211....................... Regulation to Reduce 0648-BG45
Incidental Bycatch and
Mortality of Sea Turtles
in the Southeastern U.S.
Shrimp Fisheries.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
212....................... Implementation of a 0648-BD59
Program for
Transshipments by Large
Scale Fishing Vessels in
the Eastern Pacific Ocean.
213....................... Wisconsin-Lake Michigan 0648-BG01
National Marine Sanctuary
Designation.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
214....................... Pacific Coast Groundfish 0648-BE90
Fishing Capacity
Reduction Loan Refinance.
215....................... Regulatory Amendment to 0648-BF52
the Pacific Coast
Groundfish Fishery
Management Plan to
Implement an Electronic
Monitoring Program for
the Pacific Whiting
Fishery.
216....................... Halibut Deck Sorting 0648-BI53
Monitoring Requirements
for Trawl Catcher/
Processors Operating in
Non-Pollock Groundfish
Fisheries off Alaska.
217....................... Establishing an 0648-BI73
Overfishing Limit,
Acceptable Biological
Catch, and Annual Catch
Limit for the Central
Subpopulation of Northern
Anchovy; Coastal Pelagic
Species Fishery
Management Plan.
------------------------------------------------------------------------
Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
218....................... Trademark Fee Adjustment 0651-AD42
(Reg Plan Seq No. 16).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Patent and Trademark Office--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
219....................... Setting and Adjusting 0651-AD31
Patent Fees During Fiscal
Year 2020 (Reg Plan Seq
No. 17).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Proposed Rule Stage
178. Regulations Concerning Scope Inquiries and Covered Merchandise
Referrals From U.S. Customs and Border Protection
E.O. 13771 Designation: Other.
Legal Authority: 19 U.S.C. 1671 et seq.; Pub. L. 114-125, sec. 421
Abstract: The Department of Commerce (Commerce) is proposing to
amend its regulations concerning scope inquiries (19 CFR 351.225) and
to set forth procedures addressing covered merchandise referrals from
U.S. Customs and Border Protection (CBP or the Customs Service).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jessica Link, Department of Commerce, International
Trade Administration, 1401 Constitution Avenue NW, Washington, DC
20230, Phone: 202 482-1411, Email: [email protected].
RIN: 0625-AB10
DEPARTMENT OF COMMERCE (DOC)
Bureau of Industry and Security (BIS)
Final Rule Stage
179. Expansion of Export, Reexport, and Transfer (In-Country) Controls
for Military End Use or Military End Users in the People's Republic of
China (China), Russia, or Venezuela
E.O. 13771 Designation: Other.
Legal Authority: 10 U.S.C. 7420; 10 U.S.C. 7430(e); 15 U.S.C.
1824a; 22 U.S.C. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; 30 U.S.C. 185(s); 30 U.S.C.
185(u); 42 U.S.C. 2139a; 43 U.S.C. 1354; 50 U.S.C. 1701 et seq.; 50
U.S.C. 4305; 50 U.S.C. 4601 et seq.; E.O. 12058; E.O. 12851; E.O.
12938; E.O. 12947; E.O.
[[Page 71109]]
13026; E.O. 13099; E.O. 13222; E.O. 13224; Pub. L. 108-11
Abstract: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to expand license requirements
on exports, reexports, and transfers (in-country) of items intended for
military end use or military end users in the People's Republic of
China (China), Russia, or Venezuela. Specifically, this rule expands
the licensing requirements for China to include ``military end users,''
in addition to ``military end use.'' It broadens the items for which
the licensing requirements and review policy apply and expand the
definition of ``military end use.'' Next, it creates a new reason for
control and associated review policy for regional stability for certain
items to China, Russia, or Venezuela, moving existing text related to
this policy. Finally, it adds Electronic Export Information filing
requirements in the Automated Export System for exports to China,
Russia, and Venezuela.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Hillary Hess, Director, Regulatory Policy Division,
Department of Commerce, Bureau of Industry and Security, 14th Street
and Pennsylvania Avenue NW, Washington, DC 20230, Phone: 202 482-2440,
Fax: 202 482-3355, Email: [email protected].
RIN: 0694-AH53
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
180. Comprehensive Fishery Management Plan for Puerto Rico
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement a comprehensive Puerto Rico
Fishery Management Plan. The Plan would incorporate, and modify as
needed, Federal fisheries management measures presently included in
each of the existing species-based U.S. Caribbean Fishery Management
Plans (Spiny Lobster, Reef Fish, Coral, and Queen Conch Fishery
Management Plans) as those measures pertain to Puerto Rico exclusive
economic zone waters. The goal of this action is to create a Fishery
Management Plan tailored to the specific fishery management needs of
Puerto Rico. This new Plan, in conjunction with similar comprehensive
Fishery Management Plans being developed for St. Croix and St. Thomas/
St. John, would replace the Spiny Lobster, Reef Fish, Coral and Queen
Conch Fishery Management Plans presently governing the commercial and
recreational harvest in U.S. Caribbean exclusive economic zone waters.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BD32
181. Comprehensive Fishery Management Plan for St. Croix
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement a comprehensive St. Croix
Fishery Management Plan. The Plan would incorporate, and modify as
needed, Federal fisheries management measures presently included in
each of the existing species-based U.S. Caribbean Fishery Management
Plans (Spiny Lobster, Reef Fish, Coral, and Queen Conch Fishery
Management Plans) as those measures pertain to St. Croix exclusive
economic zone waters. The goal of this action is to create a Fishery
Management Plan tailored to the specific fishery management needs of
St. Croix. This new Plan, in conjunction with similar comprehensive
Fishery Management Plans being developed for Puerto Rico and St.
Thomas/St. John, would replace the Spiny Lobster, Reef Fish, Coral and
Queen Conch Fishery Management Plans presently governing the commercial
and recreational harvest in U.S. Caribbean exclusive economic zone
waters.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BD33
182. Comprehensive Fishery Management Plan for St. Thomas/St. John
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would implement a comprehensive St. Thomas/St.
John Fishery Management Plan. The Plan would incorporate, and modify as
needed, Federal fisheries management measures presently included in
each of the existing species-based U.S. Caribbean Fishery Management
Plans (Spiny Lobster, Reef Fish, Coral, and Queen Conch Fishery
Management Plans) as those measures pertain to St. Thomas/St. John
exclusive economic zone waters. The goal of this action is to create a
Fishery Management Plan tailored to the specific fishery management
needs of St. Thomas/St. John. This new Plan, in conjunction with
similar comprehensive Fishery Management Plans being developed for St.
Croix and Puerto Rico, would replace the Spiny Lobster, Reef Fish,
Coral and Queen Conch Fishery Management Plans presently governing the
commercial and recreational harvest in U.S. Caribbean exclusive
economic zone waters.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BD34
183. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Treatment of U.S. Purse Seine Fishing With
Respect to U.S. Territories
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This action would establish rules and/or procedures to
address the
[[Page 71110]]
treatment of U.S.-flagged purse seine vessels and their fishing
activities in regulations issued by the National Marine Fisheries
Service that implement decisions of the Commission for the Conservation
and Management of Highly Migratory Fish Stocks in the Western and
Central Pacific Ocean (Commission), of which the United States is a
member. Under the Western and Central Pacific Fisheries Convention
Implementation Act, the National Marine Fisheries Service exercises
broad discretion when determining how it implements Commission
decisions, such as purse seine fishing restrictions. The National
Marine Fisheries Service intends to examine the potential impacts of
the domestic implementation of Commission decisions, such as purse
seine fishing restrictions, on the economies of the U.S. territories
that participate in the Commission, and examine the connectivity
between the activities of U.S.-flagged purse seine fishing vessels and
the economies of the territories. Based on that and other information,
the National Marine Fisheries Service might propose regulations that
mitigate adverse economic impacts of purse seine fishing restrictions
on the U.S. territories and/or that, in the context of the Convention
on the Conservation and Management of Highly Migratory Fish Stocks in
the Western and Central Pacific Ocean (Convention), recognize that one
or more of the U.S. territories have their own purse seine fisheries
that are distinct from the purse seine fishery of the United States and
that are consequently subject to special provisions of the Convention
and of Commission decisions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/23/15 80 FR 64382
ANPRM Comment Period End............ 11/23/15 .......................
NPRM................................ 09/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BF41
184. International Fisheries; South Pacific Tuna Fisheries;
Implementation of Amendments to the South Pacific Tuna Treaty
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 973 et seq.
Abstract: Under authority of the South Pacific Tuna Act of 1988,
this rule would implement recent amendments to the Treaty on Fisheries
between the Governments of Certain Pacific Island States and the
Government of the United States of America (also known as the South
Pacific Tuna Treaty). The rule would include modification to the
procedures used to request licenses for U.S. vessels in the western and
central Pacific Ocean purse seine fishery, including changing the
annual licensing period from June-to-June to the calendar year, and
modifications to existing reporting requirements for purse seine
vessels fishing in the western and central Pacific Ocean. The rule
would implement only those aspects of the Treaty amendments that can be
implemented under the existing South Pacific Tuna Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BG04
185. Illegal, Unregulated, and Unreported Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
E.O. 13771 Designation: Regulatory.
Legal Authority: Pub. L. 114-81
Abstract: This proposed rule will make conforming amendments to
regulations implementing the various statutes amended by the Illegal,
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L.
114-81). The Act amends several regional fishery management
organization implementing statutes as well as the High Seas Driftnet
Fishing Moratorium Protection Act. It also provides authority to
implement two new international agreements under the Antigua
Convention, which amends the Convention for the establishment of an
Inter-American Tropical Tuna Commission, and the United Nations Food
and Agriculture Organization Agreement on Port State Measures to
Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated
Fishing (Port State Measures Agreement), which restricts the entry into
U.S. ports by foreign fishing vessels that are known to be or are
suspected of engaging in illegal, unreported, and unregulated fishing.
This proposed rule will also implement the Port State Measures
Agreement. To that end, this proposed rule will require the collection
of certain information from foreign fishing vessels requesting
permission to use U.S. ports. It also includes procedures to designate
and publicize the ports to which foreign fishing vessels may seek entry
and procedures for conducting inspections of these foreign vessels
accessing U.S. ports. Further, the rule establishes procedures for
notification of: the denial of port entry or port services for a
foreign vessel, the withdrawal of the denial of port services if
applicable, the taking of enforcement action with respect to a foreign
vessel, or the results of any inspection of a foreign vessel to the
flag nation of the vessel and other competent authorities as
appropriate.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Acting Director, Office of
International Affairs and Seafood Inspection, Department of Commerce,
National Oceanic and Atmospheric Administration, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8286, Email:
[email protected].
RIN: 0648-BG11
186. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Requirements To Safeguard Fishery Observers
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 6901 et seq.
Abstract: This rule would establish requirements to enhance the
safety of fishery observers on highly migratory species fishing
vessels. This rule would be issued under the authority of the Western
and Central Pacific Fisheries Convention Implementation Act, and
pursuant to decisions made by the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean. This action is necessary
[[Page 71111]]
for the United States to satisfy its obligations under the Convention
on the Conservation and Management of Highly Migratory Fish Stocks in
the Western and Central Pacific Ocean, to which it is a Contracting
Party.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BG66
187. Area of Overlap Between the Convention Areas of the Inter-American
Tropical Tuna Commission and the Western and Central Pacific Fisheries
Commission
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 6901 et seq.; 16 U.S.C. 951 et seq.
Abstract: Under authority of the Western and Central Pacific
Fisheries Convention Implementation Act and the Tuna Conventions Act,
an area of overlap (overlap area) exists between the respective areas
of competence of the Commission for the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
and the Inter-American Tropical Tuna Commission. NMFS proposes to
change the application of the two Commissions' management decisions in
the overlap area to specifically apply Inter-American Tropical Tuna
Commission management measures in the overlap area rather than those of
the Commission for the Conservation and Management of Highly Migratory
Fish Stocks in the Western and Central Pacific Ocean that currently
apply there.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 06/12/18 83 FR 27305
ANPRM Comment Period End............ 07/12/18 .......................
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BH59
188. Omnibus Deep-Sea Coral Amendment
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would implement the New England Fishery
Management Council's Omnibus Deep-Sea Coral Amendment. The Amendment
would implement measures that reduce impacts of fishing gear on deep-
sea corals in the Gulf of Maine and on the outer continental shelf. In
doing so, this action would prohibit the use of mobile bottom-tending
gear in two areas in the Gulf of Maine (Mount Desert Rock and Outer
Schoodic Ridge), and it would prohibit the use of all gear (with an
exception for red crab pots) along the outer continental shelf in
waters deeper than a minimum of 600 meters.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 08/26/19 84 FR 44596
NPRM................................ 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BH67
189. Regulatory Amendment to the Pacific Coast Groundfish Fishery
Management Plan To Implement an Electronic Monitoring Program for
Bottom Trawl and Non-Whiting Midwater Trawl Vessels
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would implement a regulatory
amendment to the Pacific Fishery Management Council's Pacific Coast
Groundfish Fishery Management Plan to allow bottom trawl and midwater
trawl vessels targeting non-whiting species the option to use
electronic monitoring (video cameras and associated sensors) in place
of observers to meet requirements for 100-percent observer coverage. By
allowing vessels the option to use electronic monitoring to meet
monitoring requirements, this action is intended to increase
operational flexibility and reduce monitoring costs for the fleet.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BH70
190. Vessel Movement, Monitoring, and Declaration Management
Enhancement for the Pacific Coast Groundfish Fishery; Pacific Coast
Groundfish Fishery Management Plan
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking action would implement the Pacific
Fishery Management Council's action to implement various measures that
provide more efficient and effective monitoring, improve enforcement of
restricted areas, and reduce costs for the Pacific coast groundfish
fleet. This action would: Increase the required frequency of signals
transmitted from type-approved vessel monitoring system (VMS) units
from once per hour to every 15 minutes to provide finer-scale vessel
location data; allow vessels to use alternative VMS units; add a VMS
declaration to indicate when a vessel is testing gear; allow vessels
participating in the midwater trawl whiting fishery to change their
declaration while at-sea to select a new whiting fishery; and allow
vessels to move pot gear from one management area to another during a
single trip while retaining fish from the primary management area.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/10/19 84 FR 54579
NPRM Comment Period End............. 11/12/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BI45
[[Page 71112]]
191. Requirements To Safeguard Fishery Observers in the Eastern Pacific
Ocean
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.
Abstract: This rulemaking action would domestically implement
recently adopted resolutions on improving observer safety at sea by
parties to the Inter-American Tropical Tuna Commission (IATTC) and the
Agreement on the International Dolphin Conservation Program (AIDCP),
including the United States. The resolutions are binding for IATTC
member nations and AIDCP Parties, and under the Tuna Conventions Act,
16 U.S.C. 951 et seq. and the Marine Mammal Protection Act of 1972, as
amended. These resolutions aim to strengthen protections for observers
required in longline and transshipment observer programs required under
the IATTC and on purse seine vessels required by the AIDCP. In
implementing them, this rulemaking proposes to include provisions that
detail responsibilities for vessel owners and operators,
responsibilities for IATTC and AIDCP members to which fishing vessels
are flagged, responsibilities for members that have jurisdiction over
ports, and responsibilities for observer providers. The action is
necessary for the United States to satisfy its international
obligations as a Member of the IATTC and AIDCP.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BI86
192. Revisions to the Seabird Avoidance Program for the
Pacific Coast Groundfish Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the Pacific Fishery
Management Council, this proposed rule would require commercial
groundfish bottom longline vessels 26 feet length overall (LOA) and
longer managed under the Pacific Coast Groundfish Fishery Management
Plan (FMP) to deploy streamer lines or to set gear during civil
twilight when fishing in Federal waters north of 36 degrees N.
latitude. The purpose of this proposed rule is to reduce interactions
between seabirds, especially Endangered Species Act listed species, and
groundfish longline gear. The action is necessary to fulfill terms and
conditions of a 2017 biological opinion published by the United States
Fish and Wildlife Service to minimize takes of endangered short-tailed
albatross by the Pacific Coast groundfish fishery.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/12/19 84 FR 48094
NPRM Comment Period End............. 10/15/19 .......................
Final Rule.......................... 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BI99
193. Framework Adjustment 59 to the Northeast Multispecies
Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking action proposes to implement management
measures included in the New England Fishery Management Council's
Framework Adjustment 59 to the Northeast Multispecies Fishery
Management Plan (Framework 59) developed in response to new scientific
information. The proposed action would set fishing years 2020-2022
specifications for 15 groundfish stocks, and fishing year 2020 total
allocable catches (TAC) for the three U.S./Canada stocks: Eastern
Georges Bank cod, Eastern Georges Bank haddock, and Georges Bank
yellowtail flounder. This action would also revise the Georges Bank cod
incidental TAC to remove the allocation to the Closed Area I Hook Gear
Haddock Special Access Program, and as necessary in response to any new
data coming from the Marine Recreational Information Program, address
commercial/recreational allocation issues.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BJ12
194. Designation of Critical Habitat for the Arctic Ringed Seal
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The National Marine Fisheries Service published a final
rule to list the Arctic ringed seal as a threatened species under the
Endangered Species Act (ESA) in December 2012. The ESA requires
designation of critical habitat at the time a species is listed as
threatened or endangered, or within one year of listing if critical
habitat is not then determinable. This rulemaking would designate
critical habitat for the Arctic ringed seal. The critical habitat
designation would be in the northern Bering, Chukchi, and Beaufort seas
within the current range of the species.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/03/14 79 FR 71714
Proposed Rule....................... 12/09/14 79 FR 73010
Notice of Public Hearings........... 01/13/15 80 FR 1618
Comment Period Extended............. 02/02/15 80 FR 5498
Proposed Rule 2..................... 09/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BC56
195. Amendment and Updates to the Pelagic Longline Take Reduction Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: Serious injury and mortality of the Western North
Atlantic short-finned pilot whale stock incidental to the Category I
Atlantic pelagic longline fishery continues at levels exceeding
[[Page 71113]]
their Potential Biological Removal. This proposed action will examine a
number of management measures to amend the Pelagic Longline Take
Reduction Plan to reduce the incidental mortality and serious injury of
short-finned pilot whales taken in the Atlantic Pelagic Longline
fishery to below Potential Biological Removal. Potential management
measures may include changes to the current limitations on mainline
length, new requirements to use weak hooks (hooks with reduced breaking
strength), and non-regulatory measures related to determining the best
procedures for safe handling and release of marine mammals. The need
for the proposed action is to ensure the Pelagic Longline Take
Reduction Plan meets its Marine Mammal Protection Act mandated short-
and long-term goals.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BF90
196. Endangered and Threatened Species; Designation of Critical Habitat
for Threatened Caribbean and Indo-Pacific Reef-Building Corals
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On September 10, 2014, the National Marine Fisheries
Service listed 20 species of reef-building corals as threatened under
the Endangered Species Act, 15 in the Indo-Pacific and five in the
Caribbean. Of the 15 Indo-Pacific species, seven occur in U.S. waters
of the Pacific Islands Region, including in American Samoa, Guam, the
Commonwealth of the Mariana Islands, and the Pacific Remote Island
Areas. This proposed rule would designate critical habitat for the
seven species in U.S. waters (Acropora globiceps, Acropora
jacquelineae, Acropora retusa, Acropora speciosa, Euphyllia paradivisa,
Isopora crateriformis, and Seriatopora aculeata). The proposed
designation would cover coral reef habitat around 17 island or atoll
units in the Pacific Islands Region, including four in American Samoa,
one in Guam, seven in the Commonwealth of the Mariana Islands, and five
in Pacific Remote Island Areas, containing essential features that
support reproduction, growth, and survival of the listed coral species.
This rule also proposes to designate critical habitat for the five
Caribbean corals and proposed to revise critical habitat for two
previously-listed corals, Acropora palmata and Acropora cervicornis.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BG26
197. Revision to Critical Habitat Designation for Endangered Southern
Resident Killer Whales
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The proposed action would revise the designation of
critical habitat for the endangered Southern Resident killer whale
distinct population segment, pursuant to section 4 of the Endangered
Species Act. Critical habitat for this population is currently
designated within inland waters of Washington. In response to a 2014
petition, NMFS is proposing to expand the designation to include areas
occupied by Southern Resident killer whales in waters along the U.S.
West Coast. Impacts from the designation would stem mainly from Federal
agencies' requirement to consult with NMFS, under section 7 of the
Endangered Species Act, to ensure that any action they carry out,
permit (authorize), or fund will not result in the destruction or
adverse modification of critical habitat of a listed species. Federal
agencies are already required to consult on effects to the currently
designated critical habitat in inland waters of Washington, but
consultation would be newly required for actions affecting the expanded
critical habitat areas. Federal agencies are also already required to
consult within the Southern Resident killer whales' range (including
along the U.S. West Coast) to ensure that any action they carry out,
permit, or fund will not jeopardize the continued existence of the
species; this requirement would not change with a revision to the
critical habitat designation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/19/19 84 FR 49214
NPRM Comment Period End............. 12/18/19 .......................
Final Rule.......................... 09/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BH95
198. Designation of Critical Habitat for the Mexico, Central American,
and Western Pacific Distinct Population Segments of Humpback Whales
Under the Endangered Species Act
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: This action will propose the designation of critical
habitat for three distinct population segments of humpback whales
(Megaptera novaeangliae) pursuant to section 4 of the Endangered
Species Act. The three distinct population segments of humpback whales
concerned--the Mexico, Central American, and Western Pacific distinct
population segments--were listed under the Endangered Species Act on
September 8, 2016, thereby triggering the requirement under section 4
of the Endangered Species Act to designate critical habitat to the
maximum extent prudent and determinable. Proposed critical habitat for
these three distinct population segments of humpback whales will
include marine habitats within the Pacific Ocean and Bering Sea and
will likely overlap with several existing designations, including
critical habitat for leatherback sea turtles, North Pacific right
whales, Steller sea lions, southern resident killer whales, and the
southern distinct population segment of green sturgeon. Impacts from
the designations for humpback whales would stem from the statutory
requirement for Federal agencies to consult with NMFS, under section 7
of the Endangered Species Act, to ensure that any action they carry
out, authorize, or fund will not result in the destruction or adverse
modification of humpback whale critical habitat. Within many of the
areas we are evaluating for potential proposal as critical habitat for
the humpback whales distinct
[[Page 71114]]
population segments, Federal agencies are already required to consult
on effects to currently designated critical habitat for other listed
species. Federal agencies are also already required to consult with
NMFS under section 7 of the Endangered Species Act to ensure that any
action they authorize, fund or carry out will not jeopardize the
continued existence of the listed distinct population segments of
humpback whales.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/09/19 84 FR 54354
NPRM Comment Period End............. 12/09/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BI06
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
199. Jonah Crab Fishery; Interstate Fishery Management Plan for Jonah
Crab
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 5101 et seq.
Abstract: The National Marine Fisheries Service proposes Federal
Jonah crab regulations to help achieve the goal of the Atlantic States
Marine Fisheries Commission's Interstate Fishery Management Plan to
promote Jonah crab conservation, reduce the possibility of recruitment
failure, and allow the industry to continue fishing the resource at
present levels. The Jonah Crab Plan was developed out of concern for
potential impacts to the status of the Jonah crab resource, given the
recent and rapid increase in landings. Commercial and recreational
measures and reporting requirements were recommended for Federal
implementation in the Jonah Crab Plan. Measures include: Permitting,
minimum size, prohibition on retaining egg-bearing females, and
incidental bycatch limit, and reporting requirements that are
consistent with American lobster fishery requirements. Most States have
implemented measures consistent with the Plan. The proposed measures
would complement those implemented by the States.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 10/13/16 81 FR 70658
ANPRM Comment Period End............ 11/14/16 .......................
NPRM................................ 03/22/19 84 FR 10756
NPRM Comment Period End............. 04/22/19 .......................
Final Action........................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email:
[email protected].
RIN: 0648-BF43
200. Commerce Trusted Trader Program
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule will establish a voluntary Commerce Trusted
Trader Program for importers, aiming to provide benefits such as
reduced targeting and inspections and enhanced streamlined entry into
the United States for certified importers. Specifically, this rule
would establish the criteria required of a Commerce Trusted Trader, and
identify specifically how the program will be monitored and by whom. It
will require that a Commerce Trusted Trader establish a secure supply
chain and maintain the records necessary to verify the legality of all
designated product entering into U.S. commerce, but will excuse the
Commerce Trusted Trader from entering that data into the International
Trade Data System prior to entry, as required by Seafood Import
Monitoring Program (finalized on December 9, 2016). The rule will
identify the benefits available to a Commerce Trusted Trader, detail
the application process, and specify how the Commerce Trusted Trader
will be audited by third-party entities while the overall program will
be monitored by the National Marine Fisheries Service.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/17/18 83 FR 2412
NPRM Comment Period End............. 03/19/18 .......................
Withdrawal.......................... 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Acting Director, Office of
International Affairs and Seafood Inspection, Department of Commerce,
National Oceanic and Atmospheric Administration, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8286, Email:
[email protected].
RIN: 0648-BG51
201. Rule To Implement the For-Hire Reporting Amendments
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule proposes to implement Amendment 39 for the
Snapper-Grouper Fishery of the South Atlantic Region, Amendment 9 for
the Dolphin and Wahoo Fishery of the Atlantic, and Amendment 27 to the
Coastal Migratory Pelagics Fishery of the Gulf of Mexico and Atlantic
Regions (For-Hire Reporting Amendments). The For-Hire Reporting
Amendments rule proposes mandatory weekly electronic reporting for
charter vessel operators with a Federal for-hire permit in the snapper-
grouper, dolphin wahoo, or coastal migratory pelagics fisheries;
reduces the time allowed for headboat operators to complete their
electronic reports; and requires location reporting by charter vessels
with the same level of detail currently required for headboat vessels.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 03/14/18 83 FR 11164
NPRM................................ 04/04/18 83 FR 14400
NPRM Comment Period End............. 05/04/18 .......................
Final Action........................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BG75
[[Page 71115]]
202. Generic Amendment to the Fishery Management Plans for the Reef
Fish Resources of the Gulf of Mexico and Coastal Migratory Pelagic
Resources in the Gulf of Mexico and Atlantic Region
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action, recommended by the Gulf of Mexico Fishery
Management Council, would modify data reporting for owners or operators
of federally permitted for-hire vessels (charter vessels and headboats)
in the Gulf of Mexico, requiring them to declare the type of trip (for-
hire or other) prior to departing for any trip, and electronically
submit trip-level reports prior to off-loading fish at the end of each
fishing trip. The declaration would include the expected return time
and landing location. Landing reports would include information about
catch and effort during the trip. The action would also require that
these reports be submitted via approved hardware that includes a global
positioning system attached to the vessel that is capable, at a
minimum, of archiving global positioning system locations. This
requirement would not preclude the use of global positioning system
devices that provide real-time location data, such as the currently
approved vessel monitoring systems.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 06/21/18 83 FR 28797
NPRM................................ 10/26/18 83 FR 54069
Correction.......................... 11/08/18 83 FR 55850
Comment Period Extended............. 11/20/18 83 FR 58522
NPRM Comment Period End............. 11/26/18 .......................
Comment Period Extended End......... 01/09/19 .......................
Final Action........................ 01/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BH72
203. Magnuson-Stevens Fisheries Conservation and Management Act;
Traceability Information Program for Seafood
Regulatory Plan: This entry is Seq. No. 15 in part II of this issue
of the Federal Register.
RIN: 0648-BH87
204. Atlantic Highly Migratory Species; Pelagic Longline Bluefin Tuna
Area-Based and Weak Hook Management
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic Highly Migratory Species (HMS) fisheries are
managed under the dual authority of the Magnuson-Stevens Conservation
and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas
Convention Act (ATCA). This rulemaking will address the area-based and
weak hook management measures for bluefin tuna in the pelagic longline
fishery. NMFS implemented an individual bluefin tuna quota system for
pelagic longline fishery participants in 2015. With this approach and
its emphasis on individual vessel accountability, NMFS has determined
some fleetwide measures may be redundant. This action would
appropriately streamline regulations and increase flexibility to the
Atlantic pelagic longline fishery while maintaining bycatch reduction
and conservation and management obligations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/12/19 84 FR 33205
NPRM Correction..................... 08/08/19 84 FR 38918
NPRM Comment Period End............. 09/30/19 .......................
Final Action........................ 04/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alan Risenhoover, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20910, Phone: 301 713-2334, Fax: 301 713-0596, Email:
[email protected].
RIN: 0648-BI51
205. Reduce Gulf of Mexico Red Grouper Annual Catch Limits and Annual
Catch Targets
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Gulf of Mexico Fishery Management Council (Council)
has requested that NMFS publish a rule under section 305(c) of the
Magnuson-Stevens Fishery Conservation and Management Act (MSA) to
temporarily reduce the red grouper commercial and recreational Annual
Catch Limits (ACLs) and associated Annual Catch Targets (ACTs). In
October 2018, the Council's Scientific and Statistical Committee (SSC)
reviewed the results of an interim analysis performed by the Southeast
Fisheries Science Center and recommended that the Council reduce the
red grouper commercial and recreational ACLs and ACTs, effective for
the 2019 fishing year. In addition, there have been recent deceases in
red grouper landings and public testimony at the October Council
meeting expressed concern about the status of the red grouper stock.
Therefore, the Council is developing a framework action to reduce the
ACLs and ACTs. In the meantime, based on these recent unforeseen
circumstances, and consistent with the Council's request, NMFS intends
to implement a rule under MSA section 305(c) to establish lower red
grouper ACLs and ACTs for 2019.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Proposed Emergency Rule............. 03/05/19 84 FR 7864
Proposed Emergency Rule Comment 03/20/19 .......................
Period End.
Final Emergency Rule................ 05/17/19 84 FR 22389
Final Emergency Rule Effective...... 05/17/19 .......................
Extension of Emergency Rule......... 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BI63
206. Interim 2019 Tribal Pacific Whiting Allocation and Require
Consideration of Chinook Salmon Bycatch Before Reapportioning Tribal
Whiting; Pacific Coast Groundfish
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS issued a final rule for the tribal Pacific whiting
(whiting) fishery off the coast of Washington State. The purpose is to
establish an interim 2019 tribal whiting allocation, and to protect
ESA-listed Chinook salmon, as required in the Terms and Conditions of a
December 11, 2017, Biological Opinion. NMFS developed this rule after
discussions with the
[[Page 71116]]
affected tribes and the non-tribal fisheries interests. As in prior
years, this allocation is an ``interim'' allocation that is not
intended to set precedent for future years.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/15/19 84 FR 9471
NPRM Comment Period End............. 04/01/19 .......................
Final Rule.......................... 05/10/19 84 FR 20578
Final Rule Effective................ 05/10/19 .......................
Correcting Amendment................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BI67
207. Framework Action To Reduce Gulf of Mexico Red Grouper
Annual Catch Limits and Annual Catch Targets to the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NMFS proposes to implement management measures described
in a framework action to the Fishery Management Plan (FMP) for the Reef
Fish Resources of the Gulf of Mexico (Gulf), as prepared by the Gulf of
Mexico Fishery Management Council (Council). The framework action is
titled ``Modification of Gulf of Mexico Red Grouper Annual Catch Limits
and Annual Catch Targets.'' This proposed rule would reduce the red
grouper commercial and recreational annual catch limits (ACLs) and
annual catch targets (ACTs). The purpose of this rule is to continue
the Gulf red grouper commercial and recreational ACL and ACT reductions
implemented through emergency rulemaking in 2019 to protect the stock
and to continue to achieve optimum yield.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/19/19 84 FR 34845
NPRM Comment Period End............. 08/19/19 .......................
Final Rule.......................... 10/01/19 84 FR 52036
Final Rule Effective................ 10/31/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BI95
208. Amendment 18 to the Fishery Management Plan for the
Shrimp Fishery of the Gulf of Mexico, U.S. Waters
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would implement the Gulf of Mexico Fishery
Management Council's Amendment 18 to the Shrimp Fishery Management
Plan. It would do so by adjusting the target reduction goal for
juvenile red snapper mortality in the Federal Gulf of Mexico (Gulf)
shrimp trawl fishery in the 10-30 fathom depth zone, as well as
modifying the Plan's framework procedure to streamline the process to
make future modifications to this target reduction goal. As part of the
Gulf red snapper rebuilding plan, NMFS previously capped effort in the
Gulf shrimp fishery based on Council recommendation to protect juvenile
red snapper caught as bycatch in shrimp nets. However, the Gulf red
snapper stock is no longer overfished or undergoing overfishing, and
the red snapper stock acceptable biological catch (ABC) has
consistently increased under the rebuilding plan. Accordingly, this
action is expected to promote economic stability and achievement of
optimum yield in the Federal Gulf shrimp fishery by reducing effort
constraints, while continuing to protect Gulf red snapper.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 08/01/19 84 FR 37611
NPRM................................ 08/29/19 84 FR 45459
NPRM Comment Period End............. 09/30/19 .......................
Final Action........................ 11/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Roy E. Crabtree, Regional Administrator, Southeast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 263 13th Avenue South, St. Petersburg, FL 33701, Phone:
727 824-5305, Fax: 727 824-5308, Email: [email protected].
RIN: 0648-BI96
209. Reducing Disturbances to Hawaiian Spinner Dolphins From Human
Interactions
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: This action would implement regulatory measures under the
Marine Mammal Protection Act to protect Hawaiian spinner dolphins that
are resting in protected bays from take due to close approach
interactions with humans.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/12/05 70 FR 73426
ANPRM Comment Period End............ 01/11/06 .......................
NPRM................................ 08/24/16 81 FR 57854
NPRM Comment Period End............. 10/23/16 .......................
NPRM Comment Period Reopened........ 11/16/16 81 FR 80629
NPRM Comment Period Reopened End.... 12/01/16 .......................
Final Action........................ 01/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-AU02
210. Taking and Importing Marine Mammals: Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of Mexico
Regulatory Plan: This entry is Seq. No. 14 in part II of this issue
of the Federal Register.
RIN: 0648-BB38
211. Regulation To Reduce Incidental Bycatch and Mortality of Sea
Turtles in the Southeastern U.S. Shrimp Fisheries
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: The purpose of the proposed action is to aid in the
protection and recovery of listed sea turtle populations by reducing
incidental bycatch and mortality of small sea turtles in the
Southeastern U.S. shrimp fisheries. As a result of new information on
sea turtle bycatch in shrimp trawls and turtle excluder device testing,
NMFS conducted an evaluation of the Southeastern U.S. shrimp fisheries
that
[[Page 71117]]
resulted in a draft environmental impact statement. This rule proposes
to withdraw the alternative tow time restriction and require certain
vessels using skimmer trawls, pusher-head trawls, and wing nets
(butterfly trawls), with the exception of vessels participating in the
Biscayne Bay wing net fishery in Miami-Dade County, Florida, to use
turtle excluder devices designed to exclude small sea turtles.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/16/16 81 FR 91097
NPRM Comment Period End............. 02/14/17 .......................
Final Action........................ 12/00/19 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Donna Wieting, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8400.
RIN: 0648-BG45
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Long-Term Actions
National Marine Fisheries Service
212. Implementation of a Program for Transshipments by Large Scale
Fishing Vessels in the Eastern Pacific Ocean
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.; 16 U.S.C. 971 et seq.
Abstract: This rule would implement the Inter-American Tropical
Tuna Commission program to monitor transshipments by large-scale tuna
fishing vessels, and would govern transshipments by U.S. large-scale
tuna fishing vessels and carrier, or receiving, vessels. The rule would
establish: Criteria for transshipping in port; criteria for
transshipping at sea by longline vessels to an authorized carrier
vessel with an Inter-American Tropical Tuna Commission observer onboard
and an operational vessel monitoring system; and require the Pacific
Transshipment Declaration Form, which must be used to report
transshipments in the Inter-American Tropical Tuna Commission
Convention Area. This rule is necessary for the United States to
satisfy its international obligations under the 1949 Convention for the
Establishment of an Inter-American Tropical Tuna, to which it is a
Contracting Party.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Phone: 503 231-6266, Email:
[email protected].
RIN: 0648-BD59
NOS/ONMS
213. Wisconsin-Lake Michigan National Marine Sanctuary Designation
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1431 et seq.
Abstract: On December 2, 2014, pursuant to section 304 of the
National Marine Sanctuaries Act and the Sanctuary Nomination Process
(79 FR 33851), a coalition of community groups submitted a nomination
asking NOAA to designate an area of Wisconsin's Lake Michigan waters as
a national marine sanctuary. The area is a region that includes 875
square miles of Lake Michigan waters and bottomlands adjacent to
Manitowoc, Sheboygan, and Ozaukee counties and the cities of Port
Washington, Sheboygan, Manitowoc, and Two Rivers. It includes 80 miles
of shoreline and extends 9 to 14 miles from the shoreline. The area
contains an extraordinary collection of submerged maritime heritage
resources (shipwrecks) as demonstrated by the listing of 15 shipwrecks
on the National Register of Historic Places. The area includes 39 known
shipwrecks, 123 reported vessel losses, numerous other historic
maritime-related features, and is adjacent to communities that have
embraced their centuries-long relationship with Lake Michigan. NOAA
completed its review of the nomination in accordance with the Sanctuary
Nomination Process and on February 5, 2015, added the area to the
inventory of nominations that are eligible for designation. On October
7, 2015, NOAA issued a notice of intent to begin the designation
process and asked for public comment on making this area a national
marine sanctuary. Designation under the National Marine Sanctuaries Act
would allow NOAA to supplement and complement work by the State of
Wisconsin and other Federal agencies to protect this collection of
nationally significant shipwrecks.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/09/17 82 FR 2269
NPRM Comment Period End............. 03/31/17
Final Action........................ 11/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Vicki Wedell, Phone: 240 533-0650, Email:
[email protected].
RIN: 0648-BG01
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Completed Actions
214. Pacific Coast Groundfish Fishing Capacity Reduction Loan Refinance
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 1861 et seq.; 5
U.S.C. 561 et seq.
Abstract: Congress enacted the 2015 National Defense Authorization
Act to refinance the existing debt obligation funding the fishing
capacity reduction program for the Pacific Coast Groundfish fishery
implemented under section 212. Pending appropriation of funds to effect
the refinance, the National Marine Fisheries Service issued proposed
regulations to seek comment on the refinancing and to prepare for an
industry referendum and final rule. However, a subsequent appropriation
to fund the refinancing was never enacted. As a result, the National
Marine Fisheries Service has no funds with which to proceed, and the
refinancing authority cannot be implemented at this time.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/06/15 80 FR 46941
NPRM Comment Period End............. 09/08/15
Withdrawn........................... 08/28/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brian Pawlak, Department of Commerce, National
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver
Spring, MD 20910, Phone: 301 427-8621, Email: [email protected].
RIN: 0648-BE90
[[Page 71118]]
215. Regulatory Amendment to the Pacific Coast Groundfish Fishery
Management Plan To Implement an Electronic Monitoring Program for the
Pacific Whiting Fishery
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action implements a regulatory amendment to the
Pacific Coast Groundfish Fishery Management Plan to allow Pacific
whiting vessels the option to use electronic monitoring (video cameras
and associated sensors) in place of observers to meet requirements for
100-percent observer coverage. Vessels participating in the catch share
program are required to carry an observer on all trips to ensure total
accountability for at-sea discards. For some vessels, electronic
monitoring may have lower costs than observers and a reduced logistical
burden. By allowing vessels the option to use electronic monitoring to
meet monitoring requirements, this action is intended to increase
operational flexibility and reduce monitoring costs for the Pacific
whiting fleet.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/06/16 81 FR 61161
NPRM Comment Period End............. 10/06/16
Final Rule.......................... 06/28/19 84 FR 31146
Correction.......................... 07/26/19 84 FR 36034
Final Rule Effective................ 07/29/19
Correction Effective................ 07/29/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BF52
216. Halibut Deck Sorting Monitoring Requirements for Trawl Catcher/
Processors Operating in Non-Pollock Groundfish Fisheries off Alaska
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C 1801 et seq.
Abstract: In the non-pollock trawl groundfish fisheries off Alaska,
there are catch limits for Pacific halibut as a prohibited species if
halibut mortality reaches the limit, the fishery closes regardless of
whether or not fishery participants have reached the quotas for the
actual target groundfish species. This proposed action would implement
catch handling and monitoring requirements to allow the sorting of
Pacific halibut prohibited species catch (PSC) on the deck of trawl
catcher/processors and motherships participating in these fisheries.
This would allow Pacific halibut to be discarded prior to entering the
onboard factory, thereby reducing discard mortality. Reducing halibut
discard mortality could in turn maximize harvest of the directed
groundfish fisheries that otherwise might be constrained by the
regulatory halibut PSC limits. To participate in halibut deck sorting,
a vessel would be required to comply with additional monitoring and
equipment requirements to ensure accurate accounting for halibut PSC
sorted on deck. Participation in this program along with the associated
costs would be voluntary, allowing for flexibility for individual
vessel owners of non-pollock trawl catcher/processors and motherships
to determine if the benefits of reduced halibut mortality, and the
corresponding reduction in fleet-wide PSC rates, outweigh the
individual costs of complying with the monitoring and enforcement
requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/16/19 84 FR 15566
NPRM Comment Period End............. 05/16/19
Final Rule.......................... 10/15/19 84 FR 55044
Final Rule Effective................ 11/14/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Regional Administrator, Alaska
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7221, Fax: 907 586-7465, Email: [email protected].
RIN: 0648-BI53
217. Establishing an Overfishing Limit, Acceptable Biological Catch,
and Annual Catch Limit for the Central Subpopulation of Northern
Anchovy; Coastal Pelagic Species Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: On January 18, 2018, the U.S. District Court for the
Northern District of California granted summary judgment to the
conservation group Oceana, in litigation over management of Northern
Anchovy off the West Coast under the Magnuson-Stevens Fishery
Conservation and Management Act (Oceana, Inc. v. Ross). Specifically,
the court vacated all currently existing management reference points
(i.e., Annual Catch Limit, Overfishing Limit, Acceptable Biological
Catch) for the central subpopulation of Northern Anchovy (CSNA). This
was followed by a separate court order requiring NMFS to establish a
new Overfishing Limit (OFL), Acceptable Biological Catch (ABC), and
Annual Catch Limit (ACL) no later than April 18, 2019. This action is
the result of these court orders and establishes a new OFL, ABC, and
ACL for the CSNA. NMFS originally intended to issue a final rule
without advance public notice and comment to ensure a rule was in place
before the court-ordered deadline. The Court rejected this plan and
ordered NMFS to publish a proposed rule with opportunity for public
comment followed by a final rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/08/19 84 FR 13858
NPRM Comment Period End............. 04/23/19
Final Action........................ 05/31/19 84 FR 25196
Final Action Effective.............. 07/01/19
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Regional Administrator, West Coast
Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 231-6266, Email: [email protected].
RIN: 0648-BI73
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Proposed Rule Stage
218. Trademark Fee Adjustment
Regulatory Plan: This entry is Seq. No. 16 in part II of this issue
of the Federal Register.
RIN: 0651-AD42
[[Page 71119]]
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Final Rule Stage
219. Setting and Adjusting Patent Fees During Fiscal Year 2020
Regulatory Plan: This entry is Seq. No. 17 in part II of this issue
of the Federal Register.
RIN: 0651-AD31
[FR Doc. 2019-26535 Filed 12-23-19; 8:45 am]
BILLING CODE 3510-12-P