Fall 2020 Semiannual Agenda of Regulations, 16862-16877 [2021-04469]
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16862
Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / 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 2020 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 pre-rulemaking,
proposed rules, final rules, long-term
actions, and rulemaking actions
completed since the spring 2020 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 2020 regulatory
agenda includes regulatory activities
that are expected to be conducted
during the period November 1, 2020,
through October 31, 2021.
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 2020 Unified
Agenda of Federal Regulatory and
Deregulatory Actions pursuant to
Executive Order 12866 and the
Regulatory Flexibility Act, 5 U.S.C. 601
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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 August 11, 2020, the Office of
Management and Budget issued
guidelines and procedures for the
preparation and publication of the fall
2020 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.
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A large number of regulatory actions
reported in the Agenda deal with fishery
management programs of NOAA’s
National Marine Fisheries Service
(NMFS). To avoid repetition of
programs and definitions, as well as to
provide some understanding of the
technical and institutional elements of
NMFS’ programs, an ‘‘Explanation of
Information Contained in NMFS
Regulatory Entries’’ is provided below.
Explanation of Information Contained
in NMFS Regulatory Entries
The Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs
the management of fisheries within the
Exclusive Economic Zone of the United
States (EEZ). The EEZ refers to those
waters from the outer edge of the State
boundaries, generally 3 nautical miles,
to a distance of 200 nautical miles. For
fisheries that require conservation and
management measures, eight Regional
Fishery Management Councils
(Councils) prepare and submit to NMFS
Fishery Management Plans (FMPs) for
the fisheries within their respective
areas in the EEZ. Membership of these
Councils is comprised of representatives
of the commercial and recreational
fishing sectors in addition to
environmental, academic, and
government interests. Council members
are nominated by the governors and
ultimately appointed by the Secretary of
Commerce. The Councils are required
by law to conduct public hearings on
the development of FMPs and FMP
amendments. Consistent with
applicable law, environmental and other
analyses are developed that consider
alternatives to proposed actions.
Pursuant to the Magnuson-Stevens
Act, the Councils also submit to NMFS
proposed regulations 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. The
Council process for developing FMPs
and amendments makes it difficult for
NMFS to determine the significance and
timing of some regulatory actions under
consideration by the Councils at the
time the semiannual regulatory agenda
is published.
Commerce’s fall 2020 regulatory
agenda follows.
This document of the Department of
Commerce was signed on January 14, by
Michael Walsh, Chief of Staff,
Performing the Delegated Duties of
General Counsel. That document with
the original signature and date is
maintained by the Department of
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Commerce. For administrative purposes
only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned Department of
Commerce Federal Register Liaison
Officer has been authorized to sign and
submit the document in electronic
format for publication, as an official
document of the Department of
Commerce. This administrative process
in no way alters the legal effect of this
document upon publication in the
Federal Register.
16863
Signed in Washington, DC, on January 14,
2021.
Asha Mathew,
Federal Register Liaison Officer, U.S.
Department of Commerce.
GENERAL ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
144 ....................
Concrete Masonry Products Research, Education, and Promotion ................................................................
0605–AA53
INTERNATIONAL TRADE ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
145 ....................
Modifications to Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws.
0625–AB10
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
146 ....................
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; 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 (Reg Plan Seq No. 6).
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.
Atlantic Highly Migratory Species; Research and Data Collection in Support of Spatial Fisheries Management.
Establish National Insurance Requirements for Observer Providers ..............................................................
Salmon Bycatch Minimization in the Pacific Coast Groundfish Fishery ..........................................................
2021–22 Harvest Specifications and Management Measures for Pacific Coast Groundfish and Fishery
Management Plan.
International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2021.
Framework Adjustment 8 to the Atlantic Herring Fishery Management Plan .................................................
Designation of Critical Habitat for the Arctic Ringed Seal ...............................................................................
Amendment and Updates to the Pelagic Longline Take Reduction Plan .......................................................
Designation of Critical Habitat for the Threatened Caribbean Corals .............................................................
Atlantic Large Whale Take Reduction Plan Modifications to Reduce Serious Injury and Mortality of Large
Whales in Commercial Trap/Pot Fisheries Along the U.S. East Coast (Reg Plan Seq No. 7).
Designation of Critical Habitat for Threatened Indo-Pacific Reef-Building Corals ..........................................
Establishment of Time-Area Closures for Hawaiian Spinner Dolphins Under the Marine Mammal Protection Act.
147 ....................
148 ....................
149 ....................
150 ....................
151 ....................
152 ....................
153 ....................
154 ....................
155
156
157
158
159
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160 ....................
161 ....................
0648–BD32
0648–BG04
0648–BG11
0648–BH70
0648–BI10
0648–BJ33
0648–BJ50
0648–BJ74
0648–BK08
0648–BK11
0648–BC56
0648–BF90
0648–BG26
0648–BJ09
0648–BJ52
0648–BK04
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE
Title
162 ....................
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 ...........................................................................................................
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.
Atlantic Highly Migratory Species; Regulatory Amendment for the Management of Atlantic Swordfish ........
Amendment 8 to the Atlantic Herring Fishery Management Plan ...................................................................
Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan ...............
163 ....................
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Regulation
Identifier No.
Sequence No.
164 ....................
165 ....................
166 ....................
167 ....................
168 ....................
169 ....................
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0648–BH59
0648–BH67
0648–BH72
0648–BH87
0648–BI09
0648–BI80
0648–BJ18
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE—Continued
Regulation
Identifier No.
Sequence No.
Title
170 ....................
Modification of Multi-Day Trip Possession Limits for Federally-Permitted Charter/Headboat Vessels in the
Fishery Management Plans (FMP) in the Gulf of Mexico.
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. 9).
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.
Wisconsin-Lake Michigan National Marine Sanctuary Designation ................................................................
171 ....................
172 ....................
173 ....................
174 ....................
175 ....................
0648–BJ60
0648–AU02
0648–BB38
0648–BH95
0648–BI06
0648–BG01
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
176 ....................
Implementation of a Program for Transshipments by Large Scale Fishing Vessels in the Eastern Pacific
Ocean.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of
U.S. Purse Seine Fishing With Respect to U.S. Territories.
Bering Sea and Aleutian Islands Pacific Cod Pot Catcher/Processor License Limitation Program Adjustment.
177 ....................
178 ....................
0648–BD59
0648–BF41
0648–BJ42
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS
Sequence No.
179
180
181
182
183
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184
185
186
187
188
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189 ....................
Regulation
Identifier No.
Title
Licensing of Private Land Remote-Sensing Space Systems ..........................................................................
Commerce Trusted Trader Program ................................................................................................................
Rule to Implement the For-Hire Reporting Amendments ................................................................................
New England Industry-Funded Monitoring Amendment ..................................................................................
Vessel Movement, Monitoring, and Declaration Management Enhancement for the Pacific Coast Groundfish Fishery; Pacific Coast Groundfish Fishery Management Plan.
Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan ...................................
Vessel Monitoring Systems; Amendment to Type-Approval Requirements ....................................................
Amendment 21 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan ..........................
Regulatory Amendment to Adjust the North Pacific Observer Program Partial Coverage Fee .....................
Amendment 121 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area and Amendment 110 to the Fishery Management Plan for Groundfish of the Gulf of
Alaska.
Atlantic Bluefish 2020–2021 Specifications and Recreational Management Measures .................................
0648–BA15
0648–BG51
0648–BG75
0648–BG91
0648–BI45
0648–BJ12
0648–BJ15
0648–BJ16
0648–BJ40
0648–BJ49
0648–BJ61
PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
190 ....................
Trademark Fee Adjustment (Reg Plan Seq No. 10) ......................................................................................
0651–AD42
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
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PATENT AND TRADEMARK OFFICE—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
191 ....................
Setting and Adjusting Patent Fees During Fiscal Year 2020 ..........................................................................
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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Final Rule Stage
144. Concrete Masonry Products
Research, Education, and Promotion
E.O. 13771 Designation: Fully or
Partially Exempt.
Legal Authority: 15 U.S.C. 8701 et seq.
Abstract: The Concrete Masonry
Products Research, Education, and
Promotion Act of 2018 (Act) (15 U.S.C.
8701 et seq.) authorizes the
establishment of an orderly program for
a program of research, education, and
promotion, including funds for
marketing and market research
activities, that is designed to promote
the use of concrete masonry products in
construction and building (a checkoff
program). The Act allows industry to
submit a proposed order establishing
such a program. If the Secretary
determines that such a proposed order
is consistent with and will effectuate the
purpose of the Act, the Secretary is
directed to publish the proposed order
in the Federal Register not later than 90
days after receiving the order.
Timetable:
Action
Date
antidumping duty (AD) and
countervailing duty (CVD) laws.
Specifically, Commerce proposes to
modify its regulation concerning the
time for submission of comments
pertaining to industry support in AD
and CVD proceedings; to modify its
regulation regarding new shipper
reviews; to modify its regulation
concerning scope matters in AD and
CVD proceedings; to promulgate a new
regulation concerning circumvention of
AD and CVD orders; to promulgate a
new regulation concerning covered
merchandise referrals received from
U.S. Customs and Border Protection
(CBP); to promulgate a new regulation
pertaining to Commerce requests for
certifications from interested parties to
establish whether merchandise is
subject to an AD or CVD order; and to
modify its regulation regarding importer
reimbursement certifications filed with
CBP. Finally, Commerce proposes to
modify its regulations regarding letters
of appearance in AD and CVD
proceedings and importer filing
requirements for access to business
proprietary information.
Timetable:
FR Cite
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
08/24/20
10/08/20
03/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Asha Mathew,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, Phone: 202 306–0487, Email:
amathew@doc.gov.
RIN: 0605–AA53
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration
(ITA)
Final Rule Stage
145. Modifications to Regulations To
Improve Administration and
Enforcement of Antidumping and
Countervailing Duty Laws
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Date
NPRM ..................
Extension of
Comment Period.
NPRM Comment
Period End.
Extension of
Comment Period End.
Final Action .........
08/13/20
09/10/20
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85 FR 49472
85 FR 55801
09/14/20
09/28/20
11/00/20
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
E.O. 13771 Designation: Other.
Legal Authority: 19 U.S.C. 1671 et
seq.; Pub. L. 114–125, sec. 421
Abstract: Pursuant to its authority
under Title VII of the Tariff Act of 1930,
as amended (the Act), the Department of
Commerce (Commerce) issued a
proposed rule to modify its regulations
under part 351 of title 19 to improve
administration and enforcement of the
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FR Cite
85 FR 52059
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16865
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
146. Comprehensive Fishery
Management Plan for Puerto Rico,
Comprehensive Fishery Management
Plan for ST. Croix, 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: In response to a
recommendation of the Caribbean
Fishery Management Council, this
action would establish three new FMPs
(Puerto Rico FMP, St. Thomas/St. John
FMP and St. Croix FMP) and repeal and
replace the existing U.S. Caribbean-wide
FMPs (the FMP for the Reef Fish Fishery
of Puerto Rico and the U.S. Virgin
Islands (USVI), the FMP for the Spiny
Lobster Fishery of Puerto Rico and the
USVI, the FMP for Queen Conch
Resources of Puerto Rico and the USVI,
and the FMP for the Corals and Reef
Associated Plants and Invertebrates of
Puerto Rico and the USVI). For each of
the Puerto Rico, St. Thomas/St. John,
and St. Croix FMPs, the action would
also modify the composition of the
stocks to be managed; organize those
stocks for effective management;
establish status determination criteria,
management reference points, and
accountability measures for managed
stocks; identify essential fish habitat for
stocks new to management; and
establish framework measures.
Timetable:
Action
Notice of Availability.
NPRM ..................
Date
06/26/20
I
FR Cite
85 FR 38350
11/00/20
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: roy.crabtree@noaa.gov.
RIN: 0648–BD32
147. International Fisheries; South
Pacific Tuna Fisheries; Implementation
of Amendments to the South Pacific
Tuna Treaty
E.O. 13771 Designation: Not subject
to, not significant.
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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda
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
02/00/21
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
148. Illegal, Unregulated, and
Unreported Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing
Moratorium Protection Act
Regulatory Plan: This entry is Seq.
No. 6 in part II of this issue of the
Federal Register.
RIN: 0648–BG11
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149. 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
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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
NPRM ..................
FR Cite
11/00/20
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
150. Atlantic Highly Migratory Species;
Research and Data Collection in
Support of Spatial Fisheries
Management
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking would
address conducting research in areas
currently closed to fishing for Atlantic
highly migratory species (HMS)—during
various times or by certain gear— to
collect fishery-dependent data. A
number of time/area closures or gearrestricted areas have been implemented
over the years through various
rulemakings, limiting fishing for
Atlantic highly migratory species in
those areas for a variety of reasons
including reducing bycatch. These time/
area closures have been implemented in
consultation with the HMS Advisory
Panel to protect species consistent with
the Magnuson-Stevens Fisheries
Conservation and Management Act (e.g.,
to reduce bycatch in the pelagic longline
fishery off the east coast of Florida), the
Endangered Species Act (e.g., to protect
sea turtles in the North Atlantic), and
the Atlantic Tunas Convention Act (e.g.,
to protect spawning bluefin tuna in the
Gulf of Mexico). Fishery-dependent data
supports effective fisheries
management, and areas that restrict
fishing effort often have a
commensurate decrease in fisherydependent data collection. Programs to
facilitate research and data collection,
such as those that would be covered by
this rulemaking, could assess the
efficacy of closed areas, improve
sustainable management of highly
migratory species, and may provide
benefits to commercial and recreational
fishermen.
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Timetable:
Action
NPRM ..................
Date
FR Cite
09/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20910, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BI10
151. Establish National Insurance
Requirements for Observer Providers
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1855(d)
Abstract: NMFS is proposing to
establish uniform, nationally applicable
minimum insurance requirements for
companies that provide observer or atsea monitor services for federally
managed fisheries subject to monitoring
requirements. This action would
supersede outdated or inappropriate
regulatory insurance requirements
thereby easing the regulatory and cost
burden for observer/at-sea monitor
providers. Additionally, this action
would mitigate potential liability risks
associated with observer and at-sea
monitor deployments for vessel owners
and shore side processors that are
subject to monitoring requirements.
Timetable:
Action
NPRM ..................
Date
FR Cite
11/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Evan Howell,
Director, Office of Science and
Technology, National Marine Fisheries
Service, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8100, Email:
evan.howell@noaa.gov.
RIN: 0648–BJ33
152. Salmon Bycatch Minimization in
the Pacific Coast Groundfish Fishery
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would
implement salmon bycatch
minimization measures in the Pacific
Coast groundfish fishery to comply with
the terms and conditions of a December
2017 biological opinion on Endangered
Species Act-listed salmon interactions
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in the groundfish fishery. The proposed
action would establish additional
management tools (e.g. area-based
closures and gear restrictions) the
Council and NMFS could use as needed
to keep fishery sectors within Chinook
and coho salmon bycatch guidelines as
established in a prior rulemaking. The
proposed action would establish the
rules or circumstances under which the
fishery sectors would be allowed to
access an established salmon bycatch
Reserve. Under the proposed action,
NMFS is required to take an action
before fishery participants can access
the Reserve; such action may include
implementation of a measure such as an
area-based closure or gear restriction, or
approval of a plan outlining how a
whiting cooperative will minimize its
salmon bycatch. Finally, the proposed
action would change the bycatch levels
at which the trawl fishery would be
closed in order to preserve 500 Chinook
salmon as bycatch so that the
recreational and fixed gear fisheries
could continue operating in years of
high trawl fishery bycatch.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
10/20/20
11/19/20
I
01/00/21
85 FR 66519
I
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–BJ50
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153. • 2021–22 Harvest Specifications
and Management Measures for Pacific
Coast Groundfish and Fishery
Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific
Fishery Management Council (Council)
makes recommendations to set biennial
allowable harvest levels for Pacific
Coast groundfish, and recommends
management measures for commercial,
recreational, and tribal fisheries that are
designed to achieve those harvest levels
consistent with the Pacific Coast
Groundfish Fishery Management Plan.
For the 2021–22 biennium, the Council
has recommended: harvest
specifications, including overfishing
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limits, acceptable biological catches,
and annual catch limits; and
management measures to achieve those
specifications. The specifications and
management measures that would be
forwarded by this action would be in
effect from January 1, 2021, through
December 31, 2022.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
FR Cite
09/02/20
I
11/00/20
85 FR 54529
I
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–BJ74
154. • International Fisheries; Pacific
Tuna Fisheries; Fishing Restrictions for
Tropical Tuna in the Eastern Pacific
Ocean for 2021
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.
Abstract: In the fall 2020, the InterAmerican Tropical Tuna Commission
(IATTC) is expected to adopt a binding
resolution regarding conservation
measures for tropical tuna in the Eastern
Pacific Ocean (EPO) during 2021. As
required under the Tuna Conventions
Act, 16 U.S.C. 951 et seq., this
rulemaking action would implement
that resolution domestically. Provisions
to be implemented include those
expected for tropical tuna (bigeye,
yellowfin, and skipjack) for 2021, and
potentially beyond if the IATTC
resolution applies beyond 2021.
Additionally, should the IATTC
resolution do so, as is expected, this
rulemaking action would continue to
apply provisions of currently applicable
regulations for purse seine vessels of
class sizes 4–6 (carrying capacity greater
than 182 metric tons (mt)) fishing for
tropical tuna in the EPO. This includes
a 72-day closure, a time/area closure in
the EPO for 31 days, and a requirement
that all tropical tuna be retained on
board and landed, except fish
considered unfit for human
consumption for reasons other than size.
The rule is expected to continue to
allow a single exception on the final set
of a trip, when there may be insufficient
well space remaining to accommodate
all the tuna caught in that set. The rule
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is also expected to continue to limit
catch of bigeye tuna by longline vessels
greater than 24 meters in overall length
to 750 metric tons per year.
Timetable:
Action
NPRM ..................
Date
FR Cite
12/00/20
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–BK08
155. • Framework Adjustment 8 to the
Atlantic Herring 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 action by the
New England Fishery Management
Council based on the most recent stock
assessment, this rulemaking action
would set 2021–2023 fishing year
specifications and adjust current herring
measures. Changes in herring
specifications may impact the Atlantic
mackerel fishery because the fisheries
often operate concurrently. Accordingly,
this action would adjust current
measures by providing more flexibility
to participants in the Atlantic herring
fishery in order to facilitate increased
participation in the Atlantic mackerel
fishery. The objectives of this action are
to meet the overall goal of the Atlantic
Herring Fishery Management Plan of
managing the Atlantic herring fishery at
long-term sustainable levels consistent
with the National Standards of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Timetable:
Action
NPRM ..................
Date
FR Cite
11/00/20
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–BK11
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156. 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
NPRM ..................
Proposed Rule ....
Notice of Public
Hearings.
Comment Period
Extended.
Proposed Rule 2
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
11/00/20
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
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157. 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
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
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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
11/00/20
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
158. Designation of Critical Habitat for
the Threatened Caribbean Corals
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: NMFS listed 5 Caribbean
corals as threatened under the
Endangered Species Act on October 10,
2014. Critical habitat shall be designated
to the maximum extent prudent and
determinable at the time a species is
proposed for listing (50 CFR 424.12). We
concluded that critical habitat was not
determinable for the 5 corals at the time
of listing. However, we anticipated that
critical habitat would be determinable
in the future given on-going research.
We, therefore, announced in the final
listing rules that we would propose
critical habitat in separate rulemakings.
This rule proposes to designate critical
habitat for the 5 Caribbean coral species
listed in 2014. A separate proposed
critical habitat rule is being prepared for
the 15 Indo-Pacific corals listed as
threatened in 2014. The proposed
designation for the Caribbean corals
may include marine waters in Florida,
Puerto Rico, US Virgin Islands, Navassa
Island, and Flower Garden Banks
containing essential features that
support all stages of life history of the
corals. The proposed rule is not likely
to have an annual effect on the economy
of $100 million or more or adversely
affect the economy. NMFS has
contacted the Departments of the Navy,
Air Force, and Army as well as the U.S.
Coast Guard requesting information
related to potential national security
impacts that may result from the critical
habitat designation. Based on
information provided, we concluded
that there will be an impact on national
security in only 1 area offshore Dania
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Beach, FL, and will propose to exclude
it from the designations.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Date
11/27/20
01/26/21
I
FR Cite
85 FR 76302
04/00/21
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
159. Atlantic Large Whale Take
Reduction Plan Modifications To
Reduce Serious Injury and Mortality of
Large Whales in Commercial Trap/Pot
Fisheries Along the U.S. East Coast
Regulatory Plan: This entry is Seq.
No. 7 in part II of this issue of the
Federal Register.
RIN: 0648–BJ09
160. Designation of Critical Habitat for
Threatened Indo-Pacific Reef-Building
Corals
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On September 10, 2014,
NMFS listed 20 species of reef-building
corals as threatened under the
Endangered Species Act, 15 in the IndoPacific 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).
A separate proposed rule will designate
critical habitat for the listed Caribbean
coral species. The proposed designation
may cover coral reef habitat around 13
island or atoll units in the Pacific
Islands Region, including three in
American Samoa, one in Guam, seven in
the Commonwealth of the Mariana
Islands, and two in Pacific Remote
Island Areas, containing essential
features that support reproduction,
growth, and survival of the listed coral
species. NMFS has contacted the
Departments of the Navy, Air Force, and
Army as well as the U.S. Coast Guard
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requesting information related to
potential national security impacts that
may result from the critical habitat
designation. Based on information
provided, we will determine whether to
propose to exclude any areas based on
national security impacts.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
11/27/20
01/26/21
FR Cite
85 FR 76262
04/00/21
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–BJ52
161. • Establishment of Time-Area
Closures for Hawaiian Spinner
Dolphins Under the Marine Mammal
Protection Act
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1382 et seq.
Abstract: This rulemaking action
under the Marine Mammal Protection
Act (MMPA) proposes to establish
mandatory time-area closures of
Hawaiian spinner dolphins’ essential
daytime habitats at five selected sites in
the Main Hawaiian Islands (MHI). In
considering public comments in
response to a separate proposed rule
related to spinner dolphin interactions
(81 FR 57854), NMFS intends these
regulatory measures to prevent take of
Hawaiian spinner dolphins from
occurring in inshore marine areas at
essential daytime habitats, and where
high levels of disturbance from human
activities are most prevalent.
Timetable:
Action
Date
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NPRM ..................
FR Cite
11/00/20
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–BK04
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DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
162. 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
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 ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
10/20/20
11/19/20
I
01/00/21
85 FR 66513
I
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
163. 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
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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
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Final Rule Effective.
Final Action; Announcement of
Effectiveness of
Collection-of-Information Requirements.
Date
FR Cite
06/12/18
07/12/18
83 FR 27305
11/07/19
11/22/19
84 FR 60040
06/22/20
07/22/20
85 FR 37376
11/00/20
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–BH59
164. 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.
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Timetable:
Action
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
08/26/19
84 FR 44596
01/03/20
02/18/20
85 FR 285
12/00/20
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–BH67
165. 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:
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Action
Date
Notice of Availability.
NPRM ..................
Correction ............
Comment Period
Extended.
NPRM Comment
Period End.
VerDate Sep<11>2014
FR Cite
06/21/18
83 FR 28797
10/26/18
11/08/18
11/20/18
83 FR 54069
83 FR 55850
83 FR 58522
11/26/18
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Date
Comment Period
Extended End.
Final Rule ............
Final Rule Effective.
Final Action; Announcement of
Effectiveness
for Delayed
Provisions.
FR Cite
01/09/19
07/21/20
01/05/21
85 FR 44005
166. Magnuson-Stevens Fisheries
Conservation and Management Act;
Traceability Information Program for
Seafood
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1801 et
seq.; Pub. L. 115–141
Abstract: On December 9, 2016,
NMFS issued a final rule that
established a risk-based traceability
program to track seafood from harvest to
entry into U.S. commerce. The final rule
included, for designated priority fish
species, import permitting and reporting
requirements to provide for traceability
of seafood products offered for entry
into the U.S. supply chain, and to
ensure that these products were
lawfully acquired and are properly
represented. Shrimp and abalone
products were included in the final rule
to implement the Seafood Import
Monitoring Program, but compliance
with Seafood Import Monitoring
Program requirements for those species
was stayed indefinitely due to the
disparity between Federal reporting
programs for domestic aquaculture of
shrimp and abalone products relative to
the requirements that would apply to
imports under Seafood Import
Monitoring Program. In section 539 of
the Consolidated Appropriations Act,
2018, Congress mandated lifting the stay
on inclusion of shrimp and abalone in
Seafood Import Monitoring Program and
authorized the Secretary of Commerce
to require comparable reporting and
recordkeeping requirements for
domestic aquaculture of shrimp and
abalone. This rulemaking would
establish permitting, reporting and
recordkeeping requirements for
domestic producers of shrimp and
Frm 00010
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Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
12/00/20
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: roy.crabtree@noaa.gov.
RIN: 0648–BH72
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abalone from the point of production to
entry into commerce.
Timetable:
Date
10/11/18
11/26/18
I
FR Cite
83 FR 51426
03/00/21
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexa Cole, Director,
Office of International Affairs and
Seafood Inspection, Department of
Commerce, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD
20910, Phone: 301 427–8286, Email:
alexa.cole@noaa.gov.
RIN: 0648–BH87
167. Atlantic Highly Migratory Species;
Regulatory Amendment for the
Management of Atlantic Swordfish
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Upon recommendation of
the HMS Advisory Panel, this action
would modify existing management
measures for North Atlantic swordfish
under the 2006 Consolidated FMP in
U.S. Atlantic and Caribbean waters.
This rulemaking would increase default
retention limits for the Commercial
Caribbean Small Boat (CCSB) and
Swordfish General Commercial permits
and adding inseason adjustment criteria
for the CCSB permits. This proposed
action is intended to provide additional
opportunities to more fully harvest the
U.S. North Atlantic swordfish quota,
which has been significantly under
harvested for many years.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
04/27/20
06/26/20
I
FR Cite
85 FR 23315
12/00/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20910, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BI09
168. Amendment 8 to the Atlantic
Herring Fishery Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
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Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a
recommendation by the New England
Fishery Management Council, this
action proposes measures for a longterm acceptable biological catch (ABC)
control rule to address the biological
and ecological requirements of the
Atlantic herring stock, including
explicitly accounting for Atlantic
herring’s role in the ecosystem, and
minimizing localized depletion and user
group conflict when effort in the
Atlantic herring fishery overlaps
(spatially and temporally) with effort in
fisheries targeting predators of Atlantic
herring (e.g., tuna, groundfish) or
ecotourism industries. Specifically, this
action would implement a control rule
generating an ABC intended to meet
specific criteria identified by the New
England Fishery Management Council,
including low variability in yield, low
probability of the stock becoming
overfished, low probability of a fishery
shutdown, and catch limits set at a
relatively high proportion of maximum
sustainable yield. This action would
specify that ABC would be set for a 3year period, but would allow ABC to
vary year-to-year in response to
projected changes in biomass.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
08/21/19
84 FR 43573
10/09/19
11/25/19
84 FR 54094
11/00/20
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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–BI80
169. Amendment 21 to the Summer
Flounder, Scup, and Black Sea Bass
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 measures recommended by the
Mid-Atlantic Fishery Management
Council and Atlantic States Marine
Fisheries Commission that would adjust
the current state-by-state commercial
quota allocations in the summer
flounder fishery and update the goals
and objective for summer flounder
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fishery management in the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan (FMP). The
revised quota allocation would maintain
the current state-by-state allocation
percentages when distributing the
annual coastwide quota up to 9.55
million pounds. In years when the
coastwide quota is above 9.55 million
pounds, additional quota beyond this
trigger would be distributed in equal
shares to all states except Maine,
Delaware, and New Hampshire (i.e.,
states with very little directed fishing
effort), which would split one percent of
the additional quota. The current stateby-state quota allocations have not been
adjusted since originally implemented
in 1993. The intent of this amendment
is to modify the allocations to respond
to changes in summer flounder
distribution while also recognizing the
states’ historical reliance on summer
flounder. The Council and Board intend
to review the adjusted quota allocations
again in no more than 10 years.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
07/29/20
85 FR 45571
08/12/20
09/11/20
85 FR 48660
11/00/20
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–BJ18
170. Modification of Multi-Day Trip
Possession Limits for FederallyPermitted Charter/Headboat Vessels in
the Fishery Management Plans (FMP) in
the Gulf of Mexico
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would promote
efficiency in the utilization of the reef
fish and CMP resources and a potential
decrease in regulatory discards by
providing the owners and operators of
federally permitted for-hire vessels
greater flexibility in determining when
to allow passengers to retain the
possession limit on multi-day trips. The
rule would modify the on-board
possession limit for federal for-hire trips
in the Gulf of Mexico, which currently
allows anglers to retain two daily bag
limits on a trip more than 24 hours, after
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the first 24 hours of that trip. The rule
would increase the required trip
duration to more than 30 hours, but
would allow anglers to retain the second
daily bag limit at any time after the
federal for-hire vessel leaves the dock.
All other requirements to retain the
possession limit would be unchanged.
In addition, this rule would modify the
language in 622.21(a)(3)(iii) and
622.22(a)(3)(iii). The change would
remove the wording ‘sequentially
coded’ from the sentence ‘NMFS will
provide each Individual Fishing Quota
(IFQ) dealer the necessary paper forms,
sequentially coded, and instructions for
submission of the forms to the RA’.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
07/28/20
08/27/20
I
FR Cite
85 FR 45363
11/00/20
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: roy.crabtree@noaa.gov.
RIN: 0648–BJ60
171. 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
11/00/20
Regulatory Flexibility Analysis
Required: Yes.
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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
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172. 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. 9 in part II of this issue of the
Federal Register.
RIN: 0648–BB38
173. 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
NPRM ..................
NPRM Comment
Period End.
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09/19/19
12/18/19
19:57 Mar 30, 2021
FR Cite
84 FR 49214
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Action
Date
Final Rule ............
FR Cite
02/00/21
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
174. 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
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
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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
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Final Action .........
Date
FR Cite
10/09/19
12/09/19
84 FR 54354
11/27/19
84 FR 65346
01/31/20
01/00/21
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
NOS/ONMS
175. 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
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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 ..................
NPRM Comment
Period End.
Final Action .........
FR Cite
01/09/17
03/31/17
I
01/00/21
82 FR 2269
I
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Russ Green,
Department of Commerce, National
Oceanic and Atmospheric
Administration, Washington, DC 20230,
Phone: 989 766–3359, Email:
russ.green@noaa.gov.
Jessica Kondel, Policy and Planning
Division Division Chief, Department of
Commerce, National Oceanic and
Atmospheric Administration, 1305 EastWest Highway, Bldg. SSMC4, Silver
Spring, MD 20910, Phone: 240 533–
0647.
RIN: 0648–BG01
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Long-Term Actions
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National Marine Fisheries Service
176. 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
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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
To Be Determined
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
177. 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
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
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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
ANPRM ...............
ANPRM Comment
Period End.
To Be Determined
Date
10/23/15
11/23/15
FR Cite
80 FR 64382
To Be Determined
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BF41
178. Bering Sea and Aleutian Islands
Pacific Cod Pot Catcher/Processor
License Limitation Program Adjustment
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 North Pacific
Fishery Management Council (Council),
this action announces the establishment
of a control date for the Bering Sea and
Aleutian Islands (BSAI) Pacific cod pot
catcher/processor sector. Currently, pot
catcher/processor vessels fishing for
Pacific cod in the BSAI are required to
have a License Limitation Program
(LLP) that is endorsed for fishing Pacific
cod by gear type, operational type, and
area. The Council is evaluating
participation and effort in the BSAI
Pacific cod catcher/processor fishery in
response to a potential need to control
entry and participation in the Pacific
cod pot catcher/processor sector.
Specifically, the Council is considering
options to address and potentially
eliminate latent Bering Sea pot catcher/
processor endorsed LLPs (which are
LLP endorsements not recently utilized)
in order to increase stability for Pacific
cod-dependent pot catcher/processors,
maintain consistently low rates of
halibut and crab bycatch, and ensure
that condensed fishing seasons do not
result in safety-at-sea concerns. The
Council may use the control date if it
decides to recommend removing latent
BSAI Pacific cod endorsements on pot
catcher/processor LLPs to limit
participation in the sector. Any fishing
activity after the control date would not
be assured to be considered should the
Council recommend and NMFS
implement a regulatory amendment to
remove latent LLP endorsements. This
announcement is intended, in part, to
promote awareness of the potential
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eligibility criteria for future access to
discourage speculative entry into the
BSAI Pacific cod sector while the
Council and NMFS consider whether
and how access to the sector should be
further controlled.
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
FR Cite
12/10/19
12/10/19
I
11/00/21
84 FR 67421
I
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Balsiger,
Phone: 907 586–7221, Fax: 907 586–
7465, Email: jim.balsiger@noaa.gov.
RIN: 0648–BJ42
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Completed Actions
179. Licensing of Private Land RemoteSensing Space Systems
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E.O. 13771 Designation: Fully or
Partially Exempt.
Legal Authority: 51 U.S.C. 60101 et
seq.
Abstract: The National Oceanic and
Atmospheric Administration (NOAA’s)
National Environmental Satellite, Data,
and Information Service proposes to
revise its final rule issued on April 26,
2006, addressing the licensing of private
land remote sensing space systems. The
purpose of this revision is to modify
NOAA’s requirements for the licensing,
monitoring and compliance of operators
of private land remote sensing space
systems under title II of the Land
Remote Sensing Policy Act of 1992.
These modifications are intended to
address changes in remote sensing
technology and business practices since
the issuance of the final rule. The
revision is intended to facilitate the
further development of the U.S.
commercial remote sensing industry,
while preserving essential U.S. national
security interests, foreign policy, and
international obligations.
Timetable:
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
VerDate Sep<11>2014
FR Cite
06/29/18
08/28/18
83 FR 30592
05/14/19
07/15/19
84 FR 21282
05/20/20
85 FR 30790
19:57 Mar 30, 2021
Jkt 253001
Action
Date
Comment Period
End.
Final Rule Effective.
FR Cite
06/19/20
07/20/20
I
I
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alan D. Robinson,
Program Coordinator for Commercial
Remote Sensing, Department of
Commerce, National Oceanic and
Atmospheric Administration, 1335 EastWest Highway, Silver Spring, MD
20910, Phone: 301 713–3387, Fax: 301
713–2032, Email: alan.robinson@
noaa.gov.
RIN: 0648–BA15
180. Commerce Trusted Trader
Program
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine
Fisheries Service (NMFS) withdraws the
Commerce Trusted Trader Program
proposed rule, which published in the
Federal Register on January 17, 2018.
The proposed voluntary program was
intended to offer qualified importers
electing to participate in the program a
reduction in reporting and
recordkeeping requirements and
streamlined entry into U.S. commerce
for seafood imports subject to the
Seafood Import Monitoring Program.
Upon consideration of public comment,
NMFS has determined that this program
will not provide the anticipated benefits
to industry.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Withdrawal ..........
Withdrawal Effective.
FR Cite
01/17/18
03/19/18
83 FR 2412
09/18/20
09/18/20
85 FR 58321
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Alexa Cole, Director,
Office of International Affairs and
Seafood Inspection, Department of
Commerce, National Oceanic and
Atmospheric Administration, 1315 EastWest Highway, Silver Spring, MD
20910, Phone: 301 427–8286, Email:
alexa.cole@noaa.gov.
RIN: 0648–BG51
181. 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 implements
Amendment 39 for the Snapper-Grouper
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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
implements 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 Rule ............
Final Rule Effective.
Final Rule; Delay
of Effective
Date.
Final Rule; Delay
of Effective
Date Effective.
Date
FR Cite
03/14/18
83 FR 11164
04/04/18
05/04/18
83 FR 14400
02/24/20
09/01/20
85 FR 10331
08/07/20
85 FR 47917
01/04/21
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
182. New England Industry-Funded
Monitoring Amendment
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule implements
measures for industry funding and
prioritizing available Federal funding to
pay for additional monitoring,
consistent with specific monitoring
coverage targets recently set by the New
England Fishery Management Council,
for New England fishery management
plans. Specifically, this action would
modify all the New England fishery
management plans to allow
standardized development of future,
plan-specific, industry-funded
monitoring programs. This action would
also prioritize industry-funded
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monitoring programs across New
England fishery management plans
when available Federal funding falls
short of the total needed to fully fund
all monitoring programs. Finally, this
rule implements industry-funded
monitoring requirements for the
Atlantic Herring fishery management
plan.
Timetable:
Action
Date
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Action
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
09/19/18
83 FR 47326
11/07/18
12/24/18
83 FR 55665
02/07/20
03/09/20
85 FR 7414
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–BG91
jbell on DSKJLSW7X2PROD with PROPOSALS4
183. 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
implements 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
NPRM ..................
VerDate Sep<11>2014
10/10/19
19:57 Mar 30, 2021
FR Cite
84 FR 54579
Jkt 253001
Date
FR Cite
11/12/19
06/11/20
07/13/20
85 FR 35594
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
184. 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
NPRM ..................
NPRM Comment
Period End.
Final Action Effective.
Final Action .........
05/29/20
06/15/20
FR Cite
85 FR 32347
07/28/20
07/30/20
85 FR 45794
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:
PO 00000
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Fmt 4701
Sfmt 4702
16875
978 281–9283, Fax: 978 281–9207,
Email: michael.pentony@noaa.gov.
RIN: 0648–BJ12
185. Vessel Monitoring Systems;
Amendment to Type-Approval
Requirements
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The U.S. Vessel Monitoring
System (VMS) program type-approves
enhanced mobile transceiver units
(EMTUs) for use in the U.S. Currently,
the only option for transferring VMS
data from ship to NMFS is by satellitelinked communication services. All
owners of vessels participating in the
NOAA VMS program are required to
carry a NMFS-approved EMTU or MTU
to comply with the Vessel Monitoring
System requirements. This rule would
modify the type-approval requirements
to allow for communication service by
cellular EMTUs (EMTU-Cs), in addition
to satellite-only models. The need for
the rule is to set out procedures and
requirements for initial type-approvals;
compliance with, and revocations and
appeals of type-approvals; and
technical, service, and performance
specifications. This would allow EMTUCs to be type-approved and used in
certain federally managed fisheries with
a VMS requirement. Generally, cellular
communication services come at a
significantly lower cost than satellite
services. A lower cost could ease the
financial burden on fishermen, while
providing NMFS with additional
capabilities to manage fishery resources,
and to protect marine species and
ecologically sensitive areas.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
01/24/20
02/24/20
85 FR 4257
07/08/20
08/07/20
85 FR 40915
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: James Landon,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West Hwy,
Bldg SSMC 3, Room 3151, Silver Spring,
MD 20910, Phone: 301 427–8245, Email:
james.landon@noaa.gov.
RIN: 0648–BJ15
186. Amendment 21 to the Atlantic
Mackerel, Squid, and Butterfish Fishery
Management Plan
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda
Abstract: In response to action by the
Mid-Atlantic Fishery Management
Council to integrate chub mackerel as a
stock managed under the Atlantic
Mackerel, Squid, and Butterfish Fishery
Management Plan, this rulemaking
action replaces preliminary chub
mackerel management measures
implemented in August 2017 under the
Unmanaged Forage Omnibus
Amendment that expire December 31,
2020. The objective of this action is to
sustainably manage chub mackerel
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act. The action would: Identify chub
mackerel management goals and
objectives; designate chub mackerel
essential fish habitat; create a chub
mackerel management unit; specify
chub mackerel status determination
criteria; set chub mackerel acceptable
biological catch and annual catch limits;
establish a process to set chub mackerel
catch limits and distribute them among
commercial and recreational fisheries;
create accountability measures to
prevent overfishing; and establish chub
mackerel permit and reporting
requirements.
Timetable:
Action
Date
Notice of Availability.
Notice of Availability Comment
Period End.
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
Correction ............
Final Rule Effective.
Correction Effective.
02/14/20
FR Cite
04/14/20
03/09/20
04/08/20
85 FR 13603
08/04/20
08/18/20
09/03/20
85 FR 47103
85 FR 50793
09/03/20
jbell on DSKJLSW7X2PROD with PROPOSALS4
187. Regulatory Amendment To Adjust
the North Pacific Observer Program
Partial Coverage Fee
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 North Pacific
Fishery Management Council, this
19:57 Mar 30, 2021
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
03/09/20
04/08/20
85 FR 13618
07/10/20
08/10/20
85 FR 41424
85 FR 8534
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–BJ16
VerDate Sep<11>2014
action would modify the fee percentage
assessed on groundfish and halibut
landings made by vessels operating in
the Bering Sea and Aleutian Islands and
Gulf of Alaska management areas. This
action would increase the observer fee
from 1.25 percent to 1.65 percent of the
ex-vessel value of landings made by
vessels that are not in the full coverage
category. Fee revenues are used to fund
deployment of observers and electronic
monitoring (EM) in the partial coverage
category of the North Pacific Observer
Program. This action is necessary to
provide additional funding to deploy
observers and EM in the partial coverage
category to better meet monitoring
objectives for the North Pacific Observer
Program. Section 313 of the MagnusonStevens Fishery Conservation and
Management Act establishes that data
collected by well-trained, independent
observers and EM are a cornerstone of
the sustainable management of Federal
fisheries off Alaska.
Timetable:
Jkt 253001
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–BJ40
188. Amendment 121 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area and Amendment 110
to the Fishery Management Plan for
Groundfish of the Gulf of Alaska
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action implements the
North Pacific Fishery Management
Council’s Amendments to the Bering
Sea/Aleutian Islands (Amendment 121)
and Gulf of Alaska (Amendment 110)
Groundfish Fishery Management Plans
(FMPs). These Amendments would
move sculpins into the Ecosystem
Component of the FMPs, which is a
category of non-target species that are
not in need of conservation and
management. Magnuson-Stevens Act
National Standard guidelines include
options to identify non-target species in
PO 00000
Frm 00016
Fmt 4701
Sfmt 4702
FMPs (species caught incidentally
during the pursuit of target stocks in a
fishery) that do not require conservation
and management as ecosystem
component species. As an Ecosystem
Component, this action proposes that
catch specifications for sculpins
(Overfishing Level, Acceptable
Biological Catch, Total Allowable Catch)
would no longer be required, but
instead, regulations would prohibit
directed fishing forsculpins, require
recordkeeping and reporting to monitor
and report catch of sculpins annually,
and establish a sculpins maximum
retainable amount when directed fishing
for groundfish species at 20 percent to
discourage retention while allowing
flexibility to prosecute groundfish
fisheries. This action would free up
approximately 5,000 metric tons (mt) of
total allowable catch (TAC) under the 2
million mt optimum yield limit for the
Bering Sea/Aleutian Islands
management area. This TAC could be
allocated to any groundfish target
species during the annual harvest
specifications process, thereby allowing
for some flexibility with allocations.
Timetable:
Action
Notice of Availability.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
03/23/20
85 FR 13610
04/23/20
05/23/20
85 FR 22703
07/10/20
08/10/20
85 FR 41427
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–BJ49
189. Atlantic Bluefish 2020–2021
Specifications and Recreational
Management Measures
E.O. 13771 Designation: Not subject
to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Mid-Atlantic Fishery
Management Council has developed and
recommended proposed 2020–21
bluefish fishery specifications. This
action would revise bluefish fishery
catch limits for fishing years 2020 and
2021, as well as recreational
management measures to constrain
catch to these new limits and prevent
overfishing. The August 2019
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operational assessment incorporated
revised Marine Recreational Information
Program estimates into its analyses and
biological reference points. This
assessment determined that the bluefish
stock is overfished but not subject to
overfishing. Using this new information,
the Council recommends revising
bluefish catch specifications to prevent
overfishing from occurring. This action
also proposed Council-recommended
reductions in recreational bag limit or
private anglers and for for-hire (charter/
party). All other management measures,
including recreational season and
minimum fish size would remain
unchanged. Given the stock status, the
fishery will be operating under interim
measures promulgated under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act until
this action is finalized.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
05/11/20
05/26/20
85 FR 27703
06/29/20
06/29/20
85 FR 38794
jbell on DSKJLSW7X2PROD with PROPOSALS4
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
VerDate Sep<11>2014
19:57 Mar 30, 2021
Jkt 253001
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–BJ61
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
29; 35 U.S.C. 6; 35 U.S.C. 311; 35 U.S.C.
231; 35 U.S.C. 321–326; Pub. L. 112–274
Abstract: The USPTO operates like a
business in that it fulfills requests for
intellectual property products and
services that are paid for by users of
those services. The USPTO takes this
action to set and adjusts patent fee
amounts to provide sufficient aggregate
revenue to cover aggregate cost of
operations.
Timetable:
Final Rule Stage
Action
190. Trademark Fee Adjustment
Regulatory Plan: This entry is Seq.
No. 10 in part II of this issue of the
Federal Register.
RIN: 0651–AD42
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Completed Actions
191. Setting and Adjusting Patent Fees
During Fiscal Year 2020
E.O. 13771 Designation: Fully or
Partially Exempt.
Legal Authority: 35 U.S.C. 2(b)(2); 5
U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 32;
35 U.S.C. 41; Pub. L. 113–227; 35 U.S.C.
3(a)(2)(A); 35 U.S.C. 21; 35 U.S.C. 23; 35
U.S.C. 134; 35 U.S.C. 135; Pub. L. 112–
PO 00000
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Fmt 4701
Sfmt 9990
16877
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Correction ............
Final Action Effective.
Correction Effective.
Date
FR Cite
07/31/19
09/30/19
84 FR 37398
08/03/20
09/18/20
10/02/20
85 FR 46932
85 FR 58282
10/02/20
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Brendan Hourigan,
Director, Office of Planning and Budget,
Department of Commerce, Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450, Phone: 571
272–8966, Fax: 571 273–8966, Email:
brendan.hourigan@uspto.gov.
RIN: 0651–AD31
[FR Doc. 2021–04469 Filed 3–30–21; 8:45 am]
BILLING CODE 3510–12–P
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Agencies
[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Unknown Section]
[Pages 16862-16877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04469]
[[Page 16861]]
Vol. 86
Wednesday,
No. 60
March 31, 2021
Part IV
Department of Commerce
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 86 , No. 60 / Wednesday, March 31, 2021 / UA:
Reg Flex Agenda
[[Page 16862]]
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DEPARTMENT OF COMMERCE
Office of the Secretary
13 CFR Ch. III
15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and
XI
19 CFR Ch. III
37 CFR Chs. I, IV, and V
48 CFR Ch. 13
50 CFR Chs. II, III, IV, and VI
Fall 2020 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 pre-rulemaking, proposed
rules, final rules, long-term actions, and rulemaking actions completed
since the spring 2020 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 2020 regulatory agenda includes regulatory
activities that are expected to be conducted during the period November
1, 2020, through October 31, 2021.
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 2020
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 August 11, 2020, the Office of Management
and Budget issued guidelines and procedures for the preparation and
publication of the fall 2020 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 the fisheries within their
respective areas in the EEZ. Membership of these Councils is comprised
of representatives of the commercial and recreational fishing sectors
in addition to environmental, academic, and government interests.
Council members are nominated by the governors and ultimately appointed
by the Secretary of Commerce. The Councils are required by law to
conduct public hearings on the development of FMPs and FMP amendments.
Consistent with applicable law, environmental and other analyses are
developed that consider alternatives to proposed actions.
Pursuant to the Magnuson-Stevens Act, the Councils also submit to
NMFS proposed regulations 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. The Council process for
developing FMPs and amendments makes it difficult for NMFS to determine
the significance and timing of some regulatory actions under
consideration by the Councils at the time the semiannual regulatory
agenda is published.
Commerce's fall 2020 regulatory agenda follows.
This document of the Department of Commerce was signed on January
14, by Michael Walsh, Chief of Staff, Performing the Delegated Duties
of General Counsel. That document with the original signature and date
is maintained by the Department of
[[Page 16863]]
Commerce. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned
Department of Commerce Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Commerce.
This administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on January 14, 2021.
Asha Mathew,
Federal Register Liaison Officer, U.S. Department of Commerce.
General Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
144....................... Concrete Masonry Products 0605-AA53
Research, Education, and
Promotion.
------------------------------------------------------------------------
International Trade Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
145....................... Modifications to 0625-AB10
Regulations to Improve
Administration and
Enforcement of
Antidumping and
Countervailing Duty Laws.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
146....................... Comprehensive Fishery 0648-BD32
Management Plan for
Puerto Rico,
Comprehensive Fishery
Management Plan for St.
Croix, Comprehensive
Fishery Management Plan
for St. Thomas/St. John.
147....................... International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
148....................... Illegal, Unregulated, and 0648-BG11
Unreported Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act (Reg Plan
Seq No. 6).
149....................... 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.
150....................... Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
151....................... Establish National 0648-BJ33
Insurance Requirements
for Observer Providers.
152....................... Salmon Bycatch 0648-BJ50
Minimization in the
Pacific Coast Groundfish
Fishery.
153....................... 2021-22 Harvest 0648-BJ74
Specifications and
Management Measures for
Pacific Coast Groundfish
and Fishery Management
Plan.
154....................... International Fisheries; 0648-BK08
Pacific Tuna Fisheries;
Fishing Restrictions for
Tropical Tuna in the
Eastern Pacific Ocean for
2021.
155....................... Framework Adjustment 8 to 0648-BK11
the Atlantic Herring
Fishery Management Plan.
156....................... Designation of Critical 0648-BC56
Habitat for the Arctic
Ringed Seal.
157....................... Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
158....................... Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
159....................... Atlantic Large Whale Take 0648-BJ09
Reduction Plan
Modifications to Reduce
Serious Injury and
Mortality of Large Whales
in Commercial Trap/Pot
Fisheries Along the U.S.
East Coast (Reg Plan Seq
No. 7).
160....................... Designation of Critical 0648-BJ52
Habitat for Threatened
Indo-Pacific Reef-
Building Corals.
161....................... Establishment of Time-Area 0648-BK04
Closures for Hawaiian
Spinner Dolphins Under
the Marine Mammal
Protection Act.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
162....................... International Fisheries; 0648-BG66
Western and Central
Pacific Fisheries for
Highly Migratory Species;
Requirements to Safeguard
Fishery Observers.
163....................... Area of Overlap Between 0648-BH59
the Convention Areas of
the Inter-American
Tropical Tuna Commission
and the Western and
Central Pacific Fisheries
Commission.
164....................... Omnibus Deep-Sea Coral 0648-BH67
Amendment.
165....................... 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.
166....................... Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
167....................... Atlantic Highly Migratory 0648-BI09
Species; Regulatory
Amendment for the
Management of Atlantic
Swordfish.
168....................... Amendment 8 to the 0648-BI80
Atlantic Herring Fishery
Management Plan.
169....................... Amendment 21 to the Summer 0648-BJ18
Flounder, Scup, and Black
Sea Bass Fishery
Management Plan.
[[Page 16864]]
170....................... Modification of Multi-Day 0648-BJ60
Trip Possession Limits
for Federally-Permitted
Charter/Headboat Vessels
in the Fishery Management
Plans (FMP) in the Gulf
of Mexico.
171....................... Reducing Disturbances to 0648-AU02
Hawaiian Spinner Dolphins
From Human Interactions.
172....................... 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.
9).
173....................... Revision to Critical 0648-BH95
Habitat Designation for
Endangered Southern
Resident Killer Whales.
174....................... 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.
175....................... Wisconsin-Lake Michigan 0648-BG01
National Marine Sanctuary
Designation.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
176....................... Implementation of a 0648-BD59
Program for
Transshipments by Large
Scale Fishing Vessels in
the Eastern Pacific Ocean.
177....................... 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.
178....................... Bering Sea and Aleutian 0648-BJ42
Islands Pacific Cod Pot
Catcher/Processor License
Limitation Program
Adjustment.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
179....................... Licensing of Private Land 0648-BA15
Remote-Sensing Space
Systems.
180....................... Commerce Trusted Trader 0648-BG51
Program.
181....................... Rule to Implement the For- 0648-BG75
Hire Reporting Amendments.
182....................... New England Industry- 0648-BG91
Funded Monitoring
Amendment.
183....................... Vessel Movement, 0648-BI45
Monitoring, and
Declaration Management
Enhancement for the
Pacific Coast Groundfish
Fishery; Pacific Coast
Groundfish Fishery
Management Plan.
184....................... Framework Adjustment 59 to 0648-BJ12
the Northeast
Multispecies Fishery
Management Plan.
185....................... Vessel Monitoring Systems; 0648-BJ15
Amendment to Type-
Approval Requirements.
186....................... Amendment 21 to the 0648-BJ16
Atlantic Mackerel, Squid,
and Butterfish Fishery
Management Plan.
187....................... Regulatory Amendment to 0648-BJ40
Adjust the North Pacific
Observer Program Partial
Coverage Fee.
188....................... Amendment 121 to the 0648-BJ49
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area
and Amendment 110 to the
Fishery Management Plan
for Groundfish of the
Gulf of Alaska.
189....................... Atlantic Bluefish 2020- 0648-BJ61
2021 Specifications and
Recreational Management
Measures.
------------------------------------------------------------------------
Patent and Trademark Office--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
190....................... Trademark Fee Adjustment 0651-AD42
(Reg Plan Seq No. 10).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Patent and Trademark Office--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
191....................... Setting and Adjusting 0651-AD31
Patent Fees During Fiscal
Year 2020.
------------------------------------------------------------------------
[[Page 16865]]
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Final Rule Stage
144. Concrete Masonry Products Research, Education, and Promotion
E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 15 U.S.C. 8701 et seq.
Abstract: The Concrete Masonry Products Research, Education, and
Promotion Act of 2018 (Act) (15 U.S.C. 8701 et seq.) authorizes the
establishment of an orderly program for a program of research,
education, and promotion, including funds for marketing and market
research activities, that is designed to promote the use of concrete
masonry products in construction and building (a checkoff program). The
Act allows industry to submit a proposed order establishing such a
program. If the Secretary determines that such a proposed order is
consistent with and will effectuate the purpose of the Act, the
Secretary is directed to publish the proposed order in the Federal
Register not later than 90 days after receiving the order.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/24/20 85 FR 52059
NPRM Comment Period End............. 10/08/20 .......................
Final Action........................ 03/00/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Asha Mathew, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202 306-0487,
Email: [email protected].
RIN: 0605-AA53
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Final Rule Stage
145. Modifications to Regulations To Improve Administration and
Enforcement of Antidumping and Countervailing Duty Laws
E.O. 13771 Designation: Other.
Legal Authority: 19 U.S.C. 1671 et seq.; Pub. L. 114-125, sec. 421
Abstract: Pursuant to its authority under Title VII of the Tariff
Act of 1930, as amended (the Act), the Department of Commerce
(Commerce) issued a proposed rule to modify its regulations under part
351 of title 19 to improve administration and enforcement of the
antidumping duty (AD) and countervailing duty (CVD) laws. Specifically,
Commerce proposes to modify its regulation concerning the time for
submission of comments pertaining to industry support in AD and CVD
proceedings; to modify its regulation regarding new shipper reviews; to
modify its regulation concerning scope matters in AD and CVD
proceedings; to promulgate a new regulation concerning circumvention of
AD and CVD orders; to promulgate a new regulation concerning covered
merchandise referrals received from U.S. Customs and Border Protection
(CBP); to promulgate a new regulation pertaining to Commerce requests
for certifications from interested parties to establish whether
merchandise is subject to an AD or CVD order; and to modify its
regulation regarding importer reimbursement certifications filed with
CBP. Finally, Commerce proposes to modify its regulations regarding
letters of appearance in AD and CVD proceedings and importer filing
requirements for access to business proprietary information.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/13/20 85 FR 49472
Extension of Comment Period......... 09/10/20 85 FR 55801
NPRM Comment Period End............. 09/14/20
Extension of Comment Period End..... 09/28/20
Final Action........................ 11/00/20
------------------------------------------------------------------------
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)
National Oceanic and Atmospheric Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
146. Comprehensive Fishery Management Plan for Puerto Rico,
Comprehensive Fishery Management Plan for ST. Croix, 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: In response to a recommendation of the Caribbean Fishery
Management Council, this action would establish three new FMPs (Puerto
Rico FMP, St. Thomas/St. John FMP and St. Croix FMP) and repeal and
replace the existing U.S. Caribbean-wide FMPs (the FMP for the Reef
Fish Fishery of Puerto Rico and the U.S. Virgin Islands (USVI), the FMP
for the Spiny Lobster Fishery of Puerto Rico and the USVI, the FMP for
Queen Conch Resources of Puerto Rico and the USVI, and the FMP for the
Corals and Reef Associated Plants and Invertebrates of Puerto Rico and
the USVI). For each of the Puerto Rico, St. Thomas/St. John, and St.
Croix FMPs, the action would also modify the composition of the stocks
to be managed; organize those stocks for effective management;
establish status determination criteria, management reference points,
and accountability measures for managed stocks; identify essential fish
habitat for stocks new to management; and establish framework measures.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 06/26/20 85 FR 38350
NPRM................................ 11/00/20
------------------------------------------------------------------------
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-BD32
147. International Fisheries; South Pacific Tuna Fisheries;
Implementation of Amendments to the South Pacific Tuna Treaty
E.O. 13771 Designation: Not subject to, not significant.
[[Page 16866]]
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................................ 02/00/21
------------------------------------------------------------------------
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
148. Illegal, Unregulated, and Unreported Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
Regulatory Plan: This entry is Seq. No. 6 in part II of this issue
of the Federal Register.
RIN: 0648-BG11
149. 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................................ 11/00/20
------------------------------------------------------------------------
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
150. Atlantic Highly Migratory Species; Research and Data Collection in
Support of Spatial Fisheries Management
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rulemaking would address conducting research in
areas currently closed to fishing for Atlantic highly migratory species
(HMS)--during various times or by certain gear-- to collect fishery-
dependent data. A number of time/area closures or gear-restricted areas
have been implemented over the years through various rulemakings,
limiting fishing for Atlantic highly migratory species in those areas
for a variety of reasons including reducing bycatch. These time/area
closures have been implemented in consultation with the HMS Advisory
Panel to protect species consistent with the Magnuson-Stevens Fisheries
Conservation and Management Act (e.g., to reduce bycatch in the pelagic
longline fishery off the east coast of Florida), the Endangered Species
Act (e.g., to protect sea turtles in the North Atlantic), and the
Atlantic Tunas Convention Act (e.g., to protect spawning bluefin tuna
in the Gulf of Mexico). Fishery-dependent data supports effective
fisheries management, and areas that restrict fishing effort often have
a commensurate decrease in fishery-dependent data collection. Programs
to facilitate research and data collection, such as those that would be
covered by this rulemaking, could assess the efficacy of closed areas,
improve sustainable management of highly migratory species, and may
provide benefits to commercial and recreational fishermen.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 09/00/21
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20910, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BI10
151. Establish National Insurance Requirements for Observer Providers
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1855(d)
Abstract: NMFS is proposing to establish uniform, nationally
applicable minimum insurance requirements for companies that provide
observer or at-sea monitor services for federally managed fisheries
subject to monitoring requirements. This action would supersede
outdated or inappropriate regulatory insurance requirements thereby
easing the regulatory and cost burden for observer/at-sea monitor
providers. Additionally, this action would mitigate potential liability
risks associated with observer and at-sea monitor deployments for
vessel owners and shore side processors that are subject to monitoring
requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/20
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Evan Howell, Director, Office of Science and
Technology, National Marine Fisheries Service, Department of Commerce,
National Oceanic and Atmospheric Administration, 1315 East-West
Highway, Silver Spring, MD 20910, Phone: 301 427-8100, Email:
[email protected].
RIN: 0648-BJ33
152. Salmon Bycatch Minimization in the Pacific Coast Groundfish
Fishery
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The proposed action would implement salmon bycatch
minimization measures in the Pacific Coast groundfish fishery to comply
with the terms and conditions of a December 2017 biological opinion on
Endangered Species Act-listed salmon interactions
[[Page 16867]]
in the groundfish fishery. The proposed action would establish
additional management tools (e.g. area-based closures and gear
restrictions) the Council and NMFS could use as needed to keep fishery
sectors within Chinook and coho salmon bycatch guidelines as
established in a prior rulemaking. The proposed action would establish
the rules or circumstances under which the fishery sectors would be
allowed to access an established salmon bycatch Reserve. Under the
proposed action, NMFS is required to take an action before fishery
participants can access the Reserve; such action may include
implementation of a measure such as an area-based closure or gear
restriction, or approval of a plan outlining how a whiting cooperative
will minimize its salmon bycatch. Finally, the proposed action would
change the bycatch levels at which the trawl fishery would be closed in
order to preserve 500 Chinook salmon as bycatch so that the
recreational and fixed gear fisheries could continue operating in years
of high trawl fishery bycatch.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/20/20 85 FR 66519
NPRM Comment Period End............. 11/19/20
Final Action........................ 01/00/21
------------------------------------------------------------------------
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-BJ50
153. 2021-22 Harvest Specifications and Management Measures
for Pacific Coast Groundfish and Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific Fishery Management Council
(Council) makes recommendations to set biennial allowable harvest
levels for Pacific Coast groundfish, and recommends management measures
for commercial, recreational, and tribal fisheries that are designed to
achieve those harvest levels consistent with the Pacific Coast
Groundfish Fishery Management Plan. For the 2021-22 biennium, the
Council has recommended: harvest specifications, including overfishing
limits, acceptable biological catches, and annual catch limits; and
management measures to achieve those specifications. The specifications
and management measures that would be forwarded by this action would be
in effect from January 1, 2021, through December 31, 2022.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 09/02/20 85 FR 54529
NPRM................................ 11/00/20
------------------------------------------------------------------------
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-BJ74
154. International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2021
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 951 et seq.
Abstract: In the fall 2020, the Inter-American Tropical Tuna
Commission (IATTC) is expected to adopt a binding resolution regarding
conservation measures for tropical tuna in the Eastern Pacific Ocean
(EPO) during 2021. As required under the Tuna Conventions Act, 16
U.S.C. 951 et seq., this rulemaking action would implement that
resolution domestically. Provisions to be implemented include those
expected for tropical tuna (bigeye, yellowfin, and skipjack) for 2021,
and potentially beyond if the IATTC resolution applies beyond 2021.
Additionally, should the IATTC resolution do so, as is expected, this
rulemaking action would continue to apply provisions of currently
applicable regulations for purse seine vessels of class sizes 4-6
(carrying capacity greater than 182 metric tons (mt)) fishing for
tropical tuna in the EPO. This includes a 72-day closure, a time/area
closure in the EPO for 31 days, and a requirement that all tropical
tuna be retained on board and landed, except fish considered unfit for
human consumption for reasons other than size. The rule is expected to
continue to allow a single exception on the final set of a trip, when
there may be insufficient well space remaining to accommodate all the
tuna caught in that set. The rule is also expected to continue to limit
catch of bigeye tuna by longline vessels greater than 24 meters in
overall length to 750 metric tons per year.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/20
------------------------------------------------------------------------
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-BK08
155. Framework Adjustment 8 to the Atlantic Herring 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 action by the New England Fishery
Management Council based on the most recent stock assessment, this
rulemaking action would set 2021-2023 fishing year specifications and
adjust current herring measures. Changes in herring specifications may
impact the Atlantic mackerel fishery because the fisheries often
operate concurrently. Accordingly, this action would adjust current
measures by providing more flexibility to participants in the Atlantic
herring fishery in order to facilitate increased participation in the
Atlantic mackerel fishery. The objectives of this action are to meet
the overall goal of the Atlantic Herring Fishery Management Plan of
managing the Atlantic herring fishery at long-term sustainable levels
consistent with the National Standards of the Magnuson-Stevens Fishery
Conservation and Management Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/20
------------------------------------------------------------------------
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-BK11
[[Page 16868]]
156. 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..................... 11/00/20
------------------------------------------------------------------------
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
157. 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 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................................ 11/00/20
------------------------------------------------------------------------
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
158. Designation of Critical Habitat for the Threatened Caribbean
Corals
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: NMFS listed 5 Caribbean corals as threatened under the
Endangered Species Act on October 10, 2014. Critical habitat shall be
designated to the maximum extent prudent and determinable at the time a
species is proposed for listing (50 CFR 424.12). We concluded that
critical habitat was not determinable for the 5 corals at the time of
listing. However, we anticipated that critical habitat would be
determinable in the future given on-going research. We, therefore,
announced in the final listing rules that we would propose critical
habitat in separate rulemakings. This rule proposes to designate
critical habitat for the 5 Caribbean coral species listed in 2014. A
separate proposed critical habitat rule is being prepared for the 15
Indo-Pacific corals listed as threatened in 2014. The proposed
designation for the Caribbean corals may include marine waters in
Florida, Puerto Rico, US Virgin Islands, Navassa Island, and Flower
Garden Banks containing essential features that support all stages of
life history of the corals. The proposed rule is not likely to have an
annual effect on the economy of $100 million or more or adversely
affect the economy. NMFS has contacted the Departments of the Navy, Air
Force, and Army as well as the U.S. Coast Guard requesting information
related to potential national security impacts that may result from the
critical habitat designation. Based on information provided, we
concluded that there will be an impact on national security in only 1
area offshore Dania Beach, FL, and will propose to exclude it from the
designations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76302
NPRM Comment Period End............. 01/26/21
Final Rule.......................... 04/00/21
------------------------------------------------------------------------
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
159. Atlantic Large Whale Take Reduction Plan Modifications To Reduce
Serious Injury and Mortality of Large Whales in Commercial Trap/Pot
Fisheries Along the U.S. East Coast
Regulatory Plan: This entry is Seq. No. 7 in part II of this issue
of the Federal Register.
RIN: 0648-BJ09
160. Designation of Critical Habitat for Threatened Indo-Pacific Reef-
Building Corals
E.O. 13771 Designation: Regulatory.
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: On September 10, 2014, NMFS listed 20 species of reef-
building corals as threatened under the Endangered Species Act, 15 in
the Indo-Pacific and five in the Caribbean. Of the 15 Indo-Pacific
species, seven occur in U.S. waters of the Pacific Islands Region,
including in American Samoa, Guam, the Commonwealth of the Mariana
Islands, and the Pacific Remote Island Areas. This proposed rule would
designate critical habitat for the seven species in U.S. waters
(Acropora globiceps, Acropora jacquelineae, Acropora retusa, Acropora
speciosa, Euphyllia paradivisa, Isopora crateriformis, and Seriatopora
aculeata). A separate proposed rule will designate critical habitat for
the listed Caribbean coral species. The proposed designation may cover
coral reef habitat around 13 island or atoll units in the Pacific
Islands Region, including three in American Samoa, one in Guam, seven
in the Commonwealth of the Mariana Islands, and two in Pacific Remote
Island Areas, containing essential features that support reproduction,
growth, and survival of the listed coral species. NMFS has contacted
the Departments of the Navy, Air Force, and Army as well as the U.S.
Coast Guard
[[Page 16869]]
requesting information related to potential national security impacts
that may result from the critical habitat designation. Based on
information provided, we will determine whether to propose to exclude
any areas based on national security impacts.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76262
NPRM Comment Period End............. 01/26/21
Final Rule.......................... 04/00/21
------------------------------------------------------------------------
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-BJ52
161. Establishment of Time-Area Closures for Hawaiian Spinner
Dolphins Under the Marine Mammal Protection Act
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1382 et seq.
Abstract: This rulemaking action under the Marine Mammal Protection
Act (MMPA) proposes to establish mandatory time-area closures of
Hawaiian spinner dolphins' essential daytime habitats at five selected
sites in the Main Hawaiian Islands (MHI). In considering public
comments in response to a separate proposed rule related to spinner
dolphin interactions (81 FR 57854), NMFS intends these regulatory
measures to prevent take of Hawaiian spinner dolphins from occurring in
inshore marine areas at essential daytime habitats, and where high
levels of disturbance from human activities are most prevalent.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/20
------------------------------------------------------------------------
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-BK04
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
162. 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 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................................ 10/20/20 85 FR 66513
NPRM Comment Period End............. 11/19/20
Final Action........................ 01/00/21
------------------------------------------------------------------------
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
163. 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................................ 11/07/19 84 FR 60040
NPRM Comment Period End............. 11/22/19
Final Rule.......................... 06/22/20 85 FR 37376
Final Rule Effective................ 07/22/20
Final Action; Announcement of 11/00/20
Effectiveness of Collection-of-
Information Requirements.
------------------------------------------------------------------------
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
164. 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.
[[Page 16870]]
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 08/26/19 84 FR 44596
NPRM................................ 01/03/20 85 FR 285
NPRM Comment Period End............. 02/18/20
Final Action........................ 12/00/20
------------------------------------------------------------------------
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-BH67
165. 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 Rule.......................... 07/21/20 85 FR 44005
Final Rule Effective................ 01/05/21
Final Action; Announcement of 12/00/20
Effectiveness for Delayed
Provisions.
------------------------------------------------------------------------
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
166. Magnuson-Stevens Fisheries Conservation and Management Act;
Traceability Information Program for Seafood
E.O. 13771 Designation: Other.
Legal Authority: 16 U.S.C. 1801 et seq.; Pub. L. 115-141
Abstract: On December 9, 2016, NMFS issued a final rule that
established a risk-based traceability program to track seafood from
harvest to entry into U.S. commerce. The final rule included, for
designated priority fish species, import permitting and reporting
requirements to provide for traceability of seafood products offered
for entry into the U.S. supply chain, and to ensure that these products
were lawfully acquired and are properly represented. Shrimp and abalone
products were included in the final rule to implement the Seafood
Import Monitoring Program, but compliance with Seafood Import
Monitoring Program requirements for those species was stayed
indefinitely due to the disparity between Federal reporting programs
for domestic aquaculture of shrimp and abalone products relative to the
requirements that would apply to imports under Seafood Import
Monitoring Program. In section 539 of the Consolidated Appropriations
Act, 2018, Congress mandated lifting the stay on inclusion of shrimp
and abalone in Seafood Import Monitoring Program and authorized the
Secretary of Commerce to require comparable reporting and recordkeeping
requirements for domestic aquaculture of shrimp and abalone. This
rulemaking would establish permitting, reporting and recordkeeping
requirements for domestic producers of shrimp and abalone from the
point of production to entry into commerce.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/11/18 83 FR 51426
NPRM Comment Period End............. 11/26/18 .......................
Final Action........................ 03/00/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Director, Office of International
Affairs and Seafood Inspection, Department of Commerce, National
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver
Spring, MD 20910, Phone: 301 427-8286, Email: [email protected].
RIN: 0648-BH87
167. Atlantic Highly Migratory Species; Regulatory Amendment for the
Management of Atlantic Swordfish
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Upon recommendation of the HMS Advisory Panel, this
action would modify existing management measures for North Atlantic
swordfish under the 2006 Consolidated FMP in U.S. Atlantic and
Caribbean waters. This rulemaking would increase default retention
limits for the Commercial Caribbean Small Boat (CCSB) and Swordfish
General Commercial permits and adding inseason adjustment criteria for
the CCSB permits. This proposed action is intended to provide
additional opportunities to more fully harvest the U.S. North Atlantic
swordfish quota, which has been significantly under harvested for many
years.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/27/20 85 FR 23315
NPRM Comment Period End............. 06/26/20 .......................
Final Action........................ 12/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20910, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BI09
168. Amendment 8 to the Atlantic Herring Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
[[Page 16871]]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the New England
Fishery Management Council, this action proposes measures for a long-
term acceptable biological catch (ABC) control rule to address the
biological and ecological requirements of the Atlantic herring stock,
including explicitly accounting for Atlantic herring's role in the
ecosystem, and minimizing localized depletion and user group conflict
when effort in the Atlantic herring fishery overlaps (spatially and
temporally) with effort in fisheries targeting predators of Atlantic
herring (e.g., tuna, groundfish) or ecotourism industries.
Specifically, this action would implement a control rule generating an
ABC intended to meet specific criteria identified by the New England
Fishery Management Council, including low variability in yield, low
probability of the stock becoming overfished, low probability of a
fishery shutdown, and catch limits set at a relatively high proportion
of maximum sustainable yield. This action would specify that ABC would
be set for a 3-year period, but would allow ABC to vary year-to-year in
response to projected changes in biomass.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 08/21/19 84 FR 43573
NPRM................................ 10/09/19 84 FR 54094
NPRM Comment Period End............. 11/25/19 .......................
Final Action........................ 11/00/20 .......................
------------------------------------------------------------------------
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-BI80
169. Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass
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 measures recommended by
the Mid-Atlantic Fishery Management Council and Atlantic States Marine
Fisheries Commission that would adjust the current state-by-state
commercial quota allocations in the summer flounder fishery and update
the goals and objective for summer flounder fishery management in the
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
(FMP). The revised quota allocation would maintain the current state-
by-state allocation percentages when distributing the annual coastwide
quota up to 9.55 million pounds. In years when the coastwide quota is
above 9.55 million pounds, additional quota beyond this trigger would
be distributed in equal shares to all states except Maine, Delaware,
and New Hampshire (i.e., states with very little directed fishing
effort), which would split one percent of the additional quota. The
current state-by-state quota allocations have not been adjusted since
originally implemented in 1993. The intent of this amendment is to
modify the allocations to respond to changes in summer flounder
distribution while also recognizing the states' historical reliance on
summer flounder. The Council and Board intend to review the adjusted
quota allocations again in no more than 10 years.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 07/29/20 85 FR 45571
NPRM................................ 08/12/20 85 FR 48660
NPRM Comment Period End............. 09/11/20 .......................
Final Action........................ 11/00/20 .......................
------------------------------------------------------------------------
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-BJ18
170. Modification of Multi-Day Trip Possession Limits for Federally-
Permitted Charter/Headboat Vessels in the Fishery Management Plans
(FMP) in the Gulf of Mexico
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule would promote efficiency in the utilization of
the reef fish and CMP resources and a potential decrease in regulatory
discards by providing the owners and operators of federally permitted
for-hire vessels greater flexibility in determining when to allow
passengers to retain the possession limit on multi-day trips. The rule
would modify the on-board possession limit for federal for-hire trips
in the Gulf of Mexico, which currently allows anglers to retain two
daily bag limits on a trip more than 24 hours, after the first 24 hours
of that trip. The rule would increase the required trip duration to
more than 30 hours, but would allow anglers to retain the second daily
bag limit at any time after the federal for-hire vessel leaves the
dock. All other requirements to retain the possession limit would be
unchanged. In addition, this rule would modify the language in
622.21(a)(3)(iii) and 622.22(a)(3)(iii). The change would remove the
wording `sequentially coded' from the sentence `NMFS will provide each
Individual Fishing Quota (IFQ) dealer the necessary paper forms,
sequentially coded, and instructions for submission of the forms to the
RA'.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/28/20 85 FR 45363
NPRM Comment Period End............. 08/27/20 .......................
Final Action........................ 11/00/20 .......................
------------------------------------------------------------------------
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-BJ60
171. 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........................ 11/00/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 16872]]
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
172. 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. 9 in part II of this issue
of the Federal Register.
RIN: 0648-BB38
173. 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.......................... 02/00/21 .......................
------------------------------------------------------------------------
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
174. 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 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 .......................
NPRM Comment Period Extended........ 11/27/19 84 FR 65346
NPRM Comment Period Extended End.... 01/31/20 .......................
Final Action........................ 01/00/21 .......................
------------------------------------------------------------------------
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
NOS/ONMS
175. 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
[[Page 16873]]
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........................ 01/00/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Russ Green, Department of Commerce, National
Oceanic and Atmospheric Administration, Washington, DC 20230, Phone:
989 766-3359, Email: [email protected].
Jessica Kondel, Policy and Planning Division Division Chief,
Department of Commerce, National Oceanic and Atmospheric
Administration, 1305 East-West Highway, Bldg. SSMC4, Silver Spring, MD
20910, Phone: 240 533-0647.
RIN: 0648-BG01
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Long-Term Actions
National Marine Fisheries Service
176. 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
------------------------------------------------------------------------
To Be Determined.................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Barry Thom, Phone: 503 231-6266, Email:
[email protected].
RIN: 0648-BD59
177. 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 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 .......................
-----------------------------------
To Be Determined.................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BF41
178. Bering Sea and Aleutian Islands Pacific Cod Pot Catcher/Processor
License Limitation Program Adjustment
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 North Pacific
Fishery Management Council (Council), this action announces the
establishment of a control date for the Bering Sea and Aleutian Islands
(BSAI) Pacific cod pot catcher/processor sector. Currently, pot
catcher/processor vessels fishing for Pacific cod in the BSAI are
required to have a License Limitation Program (LLP) that is endorsed
for fishing Pacific cod by gear type, operational type, and area. The
Council is evaluating participation and effort in the BSAI Pacific cod
catcher/processor fishery in response to a potential need to control
entry and participation in the Pacific cod pot catcher/processor
sector. Specifically, the Council is considering options to address and
potentially eliminate latent Bering Sea pot catcher/processor endorsed
LLPs (which are LLP endorsements not recently utilized) in order to
increase stability for Pacific cod-dependent pot catcher/processors,
maintain consistently low rates of halibut and crab bycatch, and ensure
that condensed fishing seasons do not result in safety-at-sea concerns.
The Council may use the control date if it decides to recommend
removing latent BSAI Pacific cod endorsements on pot catcher/processor
LLPs to limit participation in the sector. Any fishing activity after
the control date would not be assured to be considered should the
Council recommend and NMFS implement a regulatory amendment to remove
latent LLP endorsements. This announcement is intended, in part, to
promote awareness of the potential
[[Page 16874]]
eligibility criteria for future access to discourage speculative entry
into the BSAI Pacific cod sector while the Council and NMFS consider
whether and how access to the sector should be further controlled.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 12/10/19 84 FR 67421
ANPRM Comment Period End............ 12/10/19 .......................
NPRM................................ 11/00/21 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Balsiger, Phone: 907 586-7221, Fax: 907 586-
7465, Email: [email protected].
RIN: 0648-BJ42
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Completed Actions
179. Licensing of Private Land Remote-Sensing Space Systems
E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 51 U.S.C. 60101 et seq.
Abstract: The National Oceanic and Atmospheric Administration
(NOAA's) National Environmental Satellite, Data, and Information
Service proposes to revise its final rule issued on April 26, 2006,
addressing the licensing of private land remote sensing space systems.
The purpose of this revision is to modify NOAA's requirements for the
licensing, monitoring and compliance of operators of private land
remote sensing space systems under title II of the Land Remote Sensing
Policy Act of 1992. These modifications are intended to address changes
in remote sensing technology and business practices since the issuance
of the final rule. The revision is intended to facilitate the further
development of the U.S. commercial remote sensing industry, while
preserving essential U.S. national security interests, foreign policy,
and international obligations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 06/29/18 83 FR 30592
ANPRM Comment Period End............ 08/28/18 .......................
NPRM................................ 05/14/19 84 FR 21282
NPRM Comment Period End............. 07/15/19 .......................
Final Rule.......................... 05/20/20 85 FR 30790
Comment Period End.................. 06/19/20 .......................
Final Rule Effective................ 07/20/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alan D. Robinson, Program Coordinator for
Commercial Remote Sensing, Department of Commerce, National Oceanic and
Atmospheric Administration, 1335 East-West Highway, Silver Spring, MD
20910, Phone: 301 713-3387, Fax: 301 713-2032, Email:
[email protected].
RIN: 0648-BA15
180. Commerce Trusted Trader Program
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The National Marine Fisheries Service (NMFS) withdraws
the Commerce Trusted Trader Program proposed rule, which published in
the Federal Register on January 17, 2018. The proposed voluntary
program was intended to offer qualified importers electing to
participate in the program a reduction in reporting and recordkeeping
requirements and streamlined entry into U.S. commerce for seafood
imports subject to the Seafood Import Monitoring Program. Upon
consideration of public comment, NMFS has determined that this program
will not provide the anticipated benefits to industry.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/17/18 83 FR 2412
NPRM Comment Period End............. 03/19/18 .......................
Withdrawal.......................... 09/18/20 85 FR 58321
Withdrawal Effective................ 09/18/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Alexa Cole, Director, Office of International
Affairs and Seafood Inspection, Department of Commerce, National
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver
Spring, MD 20910, Phone: 301 427-8286, Email: [email protected].
RIN: 0648-BG51
181. 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 implements 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
implements 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 Rule.......................... 02/24/20 85 FR 10331
Final Rule Effective................ 09/01/20 .......................
Final Rule; Delay of Effective Date. 08/07/20 85 FR 47917
Final Rule; Delay of Effective Date 01/04/21 .......................
Effective.
------------------------------------------------------------------------
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
182. New England Industry-Funded Monitoring Amendment
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This rule implements measures for industry funding and
prioritizing available Federal funding to pay for additional
monitoring, consistent with specific monitoring coverage targets
recently set by the New England Fishery Management Council, for New
England fishery management plans. Specifically, this action would
modify all the New England fishery management plans to allow
standardized development of future, plan-specific, industry-funded
monitoring programs. This action would also prioritize industry-funded
[[Page 16875]]
monitoring programs across New England fishery management plans when
available Federal funding falls short of the total needed to fully fund
all monitoring programs. Finally, this rule implements industry-funded
monitoring requirements for the Atlantic Herring fishery management
plan.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 09/19/18 83 FR 47326
NPRM................................ 11/07/18 83 FR 55665
NPRM Comment Period End............. 12/24/18 .......................
Final Action........................ 02/07/20 85 FR 7414
Final Action Effective.............. 03/09/20 .......................
------------------------------------------------------------------------
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-BG91
183. 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 implements 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 .......................
Final Action........................ 06/11/20 85 FR 35594
Final Action Effective.............. 07/13/20 .......................
------------------------------------------------------------------------
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
184. 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................................ 05/29/20 85 FR 32347
NPRM Comment Period End............. 06/15/20 .......................
Final Action Effective.............. 07/28/20 .......................
Final Action........................ 07/30/20 85 FR 45794
------------------------------------------------------------------------
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
185. Vessel Monitoring Systems; Amendment to Type-Approval Requirements
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The U.S. Vessel Monitoring System (VMS) program type-
approves enhanced mobile transceiver units (EMTUs) for use in the U.S.
Currently, the only option for transferring VMS data from ship to NMFS
is by satellite-linked communication services. All owners of vessels
participating in the NOAA VMS program are required to carry a NMFS-
approved EMTU or MTU to comply with the Vessel Monitoring System
requirements. This rule would modify the type-approval requirements to
allow for communication service by cellular EMTUs (EMTU-Cs), in
addition to satellite-only models. The need for the rule is to set out
procedures and requirements for initial type-approvals; compliance
with, and revocations and appeals of type-approvals; and technical,
service, and performance specifications. This would allow EMTU-Cs to be
type-approved and used in certain federally managed fisheries with a
VMS requirement. Generally, cellular communication services come at a
significantly lower cost than satellite services. A lower cost could
ease the financial burden on fishermen, while providing NMFS with
additional capabilities to manage fishery resources, and to protect
marine species and ecologically sensitive areas.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/24/20 85 FR 4257
NPRM Comment Period End............. 02/24/20 .......................
Final Action........................ 07/08/20 85 FR 40915
Final Action Effective.............. 08/07/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: James Landon, Department of Commerce, National
Oceanic and Atmospheric Administration, 1315 East-West Hwy, Bldg SSMC
3, Room 3151, Silver Spring, MD 20910, Phone: 301 427-8245, Email:
[email protected].
RIN: 0648-BJ15
186. Amendment 21 to the Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
[[Page 16876]]
Abstract: In response to action by the Mid-Atlantic Fishery
Management Council to integrate chub mackerel as a stock managed under
the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan,
this rulemaking action replaces preliminary chub mackerel management
measures implemented in August 2017 under the Unmanaged Forage Omnibus
Amendment that expire December 31, 2020. The objective of this action
is to sustainably manage chub mackerel consistent with the Magnuson-
Stevens Fishery Conservation and Management Act. The action would:
Identify chub mackerel management goals and objectives; designate chub
mackerel essential fish habitat; create a chub mackerel management
unit; specify chub mackerel status determination criteria; set chub
mackerel acceptable biological catch and annual catch limits; establish
a process to set chub mackerel catch limits and distribute them among
commercial and recreational fisheries; create accountability measures
to prevent overfishing; and establish chub mackerel permit and
reporting requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 02/14/20 85 FR 8534
Notice of Availability Comment 04/14/20 .......................
Period End.
NPRM................................ 03/09/20 85 FR 13603
NPRM Comment Period End............. 04/08/20 .......................
Final Rule.......................... 08/04/20 85 FR 47103
Correction.......................... 08/18/20 85 FR 50793
Final Rule Effective................ 09/03/20 .......................
Correction Effective................ 09/03/20 .......................
------------------------------------------------------------------------
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-BJ16
187. Regulatory Amendment To Adjust the North Pacific Observer Program
Partial Coverage Fee
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 North Pacific
Fishery Management Council, this action would modify the fee percentage
assessed on groundfish and halibut landings made by vessels operating
in the Bering Sea and Aleutian Islands and Gulf of Alaska management
areas. This action would increase the observer fee from 1.25 percent to
1.65 percent of the ex-vessel value of landings made by vessels that
are not in the full coverage category. Fee revenues are used to fund
deployment of observers and electronic monitoring (EM) in the partial
coverage category of the North Pacific Observer Program. This action is
necessary to provide additional funding to deploy observers and EM in
the partial coverage category to better meet monitoring objectives for
the North Pacific Observer Program. Section 313 of the Magnuson-Stevens
Fishery Conservation and Management Act establishes that data collected
by well-trained, independent observers and EM are a cornerstone of the
sustainable management of Federal fisheries off Alaska.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/09/20 85 FR 13618
NPRM Comment Period End............. 04/08/20 .......................
Final Action........................ 07/10/20 85 FR 41424
Final Action Effective.............. 08/10/20 .......................
------------------------------------------------------------------------
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-BJ40
188. Amendment 121 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area and Amendment 110 to
the Fishery Management Plan for Groundfish of the Gulf of Alaska
E.O. 13771 Designation: Deregulatory.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action implements the North Pacific Fishery
Management Council's Amendments to the Bering Sea/Aleutian Islands
(Amendment 121) and Gulf of Alaska (Amendment 110) Groundfish Fishery
Management Plans (FMPs). These Amendments would move sculpins into the
Ecosystem Component of the FMPs, which is a category of non-target
species that are not in need of conservation and management. Magnuson-
Stevens Act National Standard guidelines include options to identify
non-target species in FMPs (species caught incidentally during the
pursuit of target stocks in a fishery) that do not require conservation
and management as ecosystem component species. As an Ecosystem
Component, this action proposes that catch specifications for sculpins
(Overfishing Level, Acceptable Biological Catch, Total Allowable Catch)
would no longer be required, but instead, regulations would prohibit
directed fishing forsculpins, require recordkeeping and reporting to
monitor and report catch of sculpins annually, and establish a sculpins
maximum retainable amount when directed fishing for groundfish species
at 20 percent to discourage retention while allowing flexibility to
prosecute groundfish fisheries. This action would free up approximately
5,000 metric tons (mt) of total allowable catch (TAC) under the 2
million mt optimum yield limit for the Bering Sea/Aleutian Islands
management area. This TAC could be allocated to any groundfish target
species during the annual harvest specifications process, thereby
allowing for some flexibility with allocations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Availability.............. 03/23/20 85 FR 13610
NPRM................................ 04/23/20 85 FR 22703
NPRM Comment Period End............. 05/23/20 .......................
Final Action........................ 07/10/20 85 FR 41427
Final Action Effective.............. 08/10/20 .......................
------------------------------------------------------------------------
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-BJ49
189. Atlantic Bluefish 2020-2021 Specifications and Recreational
Management Measures
E.O. 13771 Designation: Not subject to, not significant.
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The Mid-Atlantic Fishery Management Council has developed
and recommended proposed 2020-21 bluefish fishery specifications. This
action would revise bluefish fishery catch limits for fishing years
2020 and 2021, as well as recreational management measures to constrain
catch to these new limits and prevent overfishing. The August 2019
[[Page 16877]]
operational assessment incorporated revised Marine Recreational
Information Program estimates into its analyses and biological
reference points. This assessment determined that the bluefish stock is
overfished but not subject to overfishing. Using this new information,
the Council recommends revising bluefish catch specifications to
prevent overfishing from occurring. This action also proposed Council-
recommended reductions in recreational bag limit or private anglers and
for for-hire (charter/party). All other management measures, including
recreational season and minimum fish size would remain unchanged. Given
the stock status, the fishery will be operating under interim measures
promulgated under section 305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act until this action is finalized.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/11/20 85 FR 27703
NPRM Comment Period End............. 05/26/20 .......................
Final Action........................ 06/29/20 85 FR 38794
Final Action Effective.............. 06/29/20 .......................
------------------------------------------------------------------------
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-BJ61
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Final Rule Stage
190. Trademark Fee Adjustment
Regulatory Plan: This entry is Seq. No. 10 in part II of this issue
of the Federal Register.
RIN: 0651-AD42
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Completed Actions
191. Setting and Adjusting Patent Fees During Fiscal Year 2020
E.O. 13771 Designation: Fully or Partially Exempt.
Legal Authority: 35 U.S.C. 2(b)(2); 5 U.S.C. 500; 15 U.S.C. 1123;
35 U.S.C. 32; 35 U.S.C. 41; Pub. L. 113-227; 35 U.S.C. 3(a)(2)(A); 35
U.S.C. 21; 35 U.S.C. 23; 35 U.S.C. 134; 35 U.S.C. 135; Pub. L. 112-29;
35 U.S.C. 6; 35 U.S.C. 311; 35 U.S.C. 231; 35 U.S.C. 321-326; Pub. L.
112-274
Abstract: The USPTO operates like a business in that it fulfills
requests for intellectual property products and services that are paid
for by users of those services. The USPTO takes this action to set and
adjusts patent fee amounts to provide sufficient aggregate revenue to
cover aggregate cost of operations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/31/19 84 FR 37398
NPRM Comment Period End............. 09/30/19 .......................
Final Action........................ 08/03/20 85 FR 46932
Correction.......................... 09/18/20 85 FR 58282
Final Action Effective.............. 10/02/20 .......................
Correction Effective................ 10/02/20 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Brendan Hourigan, Director, Office of Planning and
Budget, Department of Commerce, Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: [email protected].
RIN: 0651-AD31
[FR Doc. 2021-04469 Filed 3-30-21; 8:45 am]
BILLING CODE 3510-12-P