Fall 2021 Semiannual Agenda of Regulations, 11202-11212 [2023-02455]
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / 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 2021 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 2022 agenda.
The purpose of the Agenda is to provide
information to the public on regulations
that are currently under review, being
proposed, or recently issued by
Commerce. It is expected that this
information will enable the public to
participate more effectively in the
Department’s regulatory process.
Commerce’s fall 2022 regulatory
agenda includes regulatory activities
that are expected to be conducted
during the period November 1, 2022,
through October 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Specific: For additional information
about specific regulatory actions listed
in the agenda, contact the individual
identified as the contact person.
General: Comments or inquiries of a
general nature about the agenda should
be directed to Candida Harty, Chief
Counsel for Regulation, Office of the
Assistant General Counsel for
Legislation and Regulation, U.S.
Department of Commerce, Washington,
DC 20230, telephone: 202–482–3410.
SUPPLEMENTARY INFORMATION: Commerce
hereby publishes its fall 2022 Unified
Agenda of Federal Regulatory and
Deregulatory Actions pursuant to
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Executive Order 12866 and the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. Executive Order 12866 requires
agencies to publish an agenda of those
regulations that are under consideration.
By memorandum of September 2, 2022,
the Office of Management and Budget
issued guidelines and procedures for the
preparation and publication of the fall
2022 Unified Agenda. The Regulatory
Flexibility Act requires agencies to
publish, in the spring and fall of each
year, a regulatory flexibility agenda that
contains a brief description of the
subject of any rule likely to have a
significant economic impact on a
substantial number of small entities.
The internet is the basic means for
disseminating the Unified Agenda. The
complete Unified Agenda is available
online at www.reginfo.gov, in a format
that offers users a greatly enhanced
ability to obtain information from the
Agenda database.
In this edition of Commerce’s
regulatory agenda, a list of the most
important significant regulatory and
deregulatory actions and a Statement of
Regulatory Priorities are included in the
Regulatory Plan, which appears in both
the online Unified Agenda and in part
II of the issue of the Federal Register
that includes the Unified Agenda.
Because publication in the Federal
Register is mandated for the regulatory
flexibility agendas required by the
Regulatory Flexibility Act, Commerce’s
printed agenda entries include only:
(1) Rules that are in the Agency’s
regulatory flexibility agenda, in
accordance with the Regulatory
Flexibility Act, because they are likely
to have a significant economic impact
on a substantial number of small
entities; and
(2) Rules that the Agency has
identified for periodic review under
section 610 of the Regulatory Flexibility
Act.
Printing of these entries is limited to
fields that contain information required
by the Regulatory Flexibility Act’s
Agenda requirements. Additional
information on these entries is available
in the Unified Agenda published on the
internet. In addition, for fall editions of
the Agenda, Commerce’s entire
Regulatory Plan will continue to be
printed in the Federal Register.
Within Commerce, the Office of the
Secretary and various operating units
may issue regulations. Among these
operating units, the National Oceanic
and Atmospheric Administration
(NOAA), the Bureau of Industry and
Security, and the Patent and Trademark
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Office issue the greatest share of
Commerce’s regulations.
A large number of regulatory actions
reported in the Agenda deal with fishery
management programs of NOAA’s
National Marine Fisheries Service
(NMFS). To avoid repetition of
programs and definitions, as well as to
provide some understanding of the
technical and institutional elements of
NMFS’ programs, an ‘‘Explanation of
Information Contained in NMFS
Regulatory Entries’’ is provided below.
Explanation of Information Contained
in NMFS Regulatory Entries
The Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.) (the Act) governs
the management of fisheries within the
Exclusive Economic Zone of the United
States (EEZ). The EEZ refers to those
waters from the outer edge of the State
boundaries, generally 3 nautical miles,
to a distance of 200 nautical miles. For
fisheries that require conservation and
management measures, eight Regional
Fishery Management Councils
(Councils) prepare and submit to NMFS
Fishery Management Plans (FMPs) for
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 recommend
actions to NMFS deemed 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 2022 regulatory
agenda follows.
Leslie Kiernan,
General Counsel.
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GENERAL ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
252 ....................
Securing the Information and Communications Technology and Services Supply Chain: Licensing Procedures.
Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious CyberEnabled Activities.
253 ....................
0605–AA60
0605–AA61
GENERAL ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
254 ....................
Securing the Information and Communications Technology and Services Supply Chain ..............................
0605–AA51
INTERNATIONAL TRADE ADMINISTRATION—FINAL RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
255 ....................
Procedures Covering Suspension of Liquidation, Duties and Estimated Duties in Accord with Presidential
Proclamation 10414.
0625–AB21
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
256 ....................
International Fisheries; South Pacific Tuna Fisheries; Implementation of Amendments to the South Pacific
Tuna Treaty.
Atlantic Highly Migratory Species; Research and Data Collection in Support of Spatial Fisheries Management.
Amendment 122 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area; Pacific Cod Trawl Cooperative Program.
Amendment 123 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area; Halibut Abundance-Based Management of Amendment 80 Prohibited Species
Catch Limit.
Revisions to Federal Regulations to Economic Data Reporting Requirements for Groundfish and Crab
Fisheries off Alaska and Amendment 52 to the Fishery Management Plan for BSAI King and Tanner
Crabs.
Designation of Critical Habitat for Threatened Indo-Pacific Reef-Building Corals ..........................................
257 ....................
258 ....................
259 ....................
260 ....................
261 ....................
0648–BG04
0648–BI10
0648–BL08
0648–BL42
0648–BL50
0648–BJ52
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE
Title
262 ....................
Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act (Reg Plan Seq No. 17).
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.
Magnuson-Stevens Fisheries Conservation and Management Act; Traceability Information Program for
Seafood.
Atlantic Highly Migratory Species: Amendment 13 on Bluefin Tuna Management ........................................
Amendment 23 to the Northeast Multispecies Fishery Management Plan .....................................................
2023–2024 Harvest Specifications and Management Measures for the Pacific Coast Groundfish Fishery ..
Amendment and Updates to the Pelagic Longline Take Reduction Plan .......................................................
Designation of Critical Habitat for the Threatened Caribbean Corals .............................................................
Amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule (Reg Plan Seq No. 18) ......
Establishment of Time-Area Closures for Hawaiian Spinner Dolphins Under the Marine Mammal Protection Act.
263 ....................
264 ....................
265
266
267
268
269
270
271
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Regulation
Identifier No.
Sequence No.
....................
....................
....................
....................
....................
....................
....................
0648–BG11
0648–BH70
0648–BH87
0648–BI08
0648–BK17
0648–BL48
0648–BF90
0648–BG26
0648–BI88
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—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
272 ....................
Amendment 14 to the Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska ..............
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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS
Regulation
Identifier No.
Sequence No.
Title
273 ....................
Comprehensive Fishery Management Plan for Puerto Rico, Comprehensive Fishery Management Plan for
St. Croix, Comprehensive Fishery Management Plan for St. Thomas/St. John.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of
U.S. Purse Seine Fishing With Respect to U.S. Territories.
Establish National Insurance Requirements for Observer Providers ..............................................................
Implementation of Resolutions C–21–04 and C–21–06 of the Inter-American Tropical Tuna Commission
for Tropical Tuna and Silky Shark Conservation.
Framework Adjustment 63 to the Northeast Multispecies Fishery Management Plan ...................................
Atlantic Highly Migratory Species; Rule to Modify the Retention Limit of Shortfin Mako Sharks ...................
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.
274 ....................
275 ....................
276 ....................
277 ....................
278 ....................
279 ....................
0648–BD32
0648–BF41
0648–BJ33
0648–BK84
0648–BL12
0648–BL17
0648–BJ09
PATENT AND TRADEMARK OFFICE—PROPOSED RULE STAGE
Regulation
Identifier No.
Sequence No.
Title
280 ....................
Setting and Adjusting Trademark Fees (Reg Plan Seq No. 19) ....................................................................
0651–AD65
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.
PATENT AND TRADEMARK OFFICE—LONG-TERM ACTIONS
Regulation
Identifier No.
Sequence No.
Title
281 ....................
Setting and Adjusting Patent Fees ..................................................................................................................
0651–AD64
PATENT AND TRADEMARK OFFICE—COMPLETED ACTIONS
Title
282 ....................
Changes To Implement Provisions of the Trademark Modernization Act of 2020 .........................................
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Proposed Rule Stage
252. Securing the Information and
Communications Technology and
Services Supply Chain: Licensing
Procedures [0605–AA60]
Legal Authority: Not Yet Determined
Abstract: The Department is seeking
public input regarding establishing a
licensing process for entities to seek preapproval before engaging in or
continuing to engage in potentially
regulated ICTS Transactions under the
‘‘Securing the Information and
Communications Technology and
Services Supply Chain’’ rule.
Timetable:
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Regulation
Identifier No.
Sequence No.
Action
Date
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
03/29/21
04/28/21
FR Cite
86 FR 16312
05/00/23
Regulatory Flexibility Analysis
Required: Yes.
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Agency Contact: Joseph Bartels,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, Phone: 202–482–1595, Email:
jbartels@doc.gov.
RIN: 0605–AA60
253. Taking Additional Steps To
Address the National Emergency With
Respect to Significant Malicious CyberEnabled Activities [0605–AA61]
Legal Authority: Not Yet Determined
Abstract: Executive Order 13984 of
January 19, 2021, entitled Taking
Additional Steps to Address the
National Emergency with Respect to
Significant Malicious Cyber-Enabled
Activities (E.O. 13984), has directed the
Secretary of Commerce (Secretary) to
implement regulations that would
govern the process and procedures that
the Secretary will use to deter foreign
malicious cyber actors’ use of United
States Infrastructure as a Service (IaaS)
products and assist in the investigation
of transactions involving foreign
malicious cyber actors.
Timetable:
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Action
ANPRM ...............
ANPRM Comment
Period End.
NPRM ..................
Date
09/24/21
10/25/21
0651–AD55
FR Cite
86 FR 53018
06/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Joseph Bartels,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, Phone: 202–482–1595, Email:
jbartels@doc.gov.
RIN: 0605–AA61
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Final Rule Stage
254. Securing the Information and
Communications Technology and
Services Supply Chain [0605–AA51]
Legal Authority: 50 U.S.C. 1701; 3
U.S.C. 301
Abstract: Pursuant to Executive Order
13873 of May 15, 2019, Securing the
Information and Communications
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Technology and Services Supply
Chain,’’ (Executive Order) the
Department of Commerce (the
Department) is implementing the
process and procedures that the
Secretary of Commerce (Secretary) will
use to identify, assess, and address
transactions that pose an undue risk to
the security, integrity, and reliability of
information and communications
technology and services provided and
used in the United States.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Interim Final Rule
Interim Final Rule
Comment Period End.
Interim Final Rule
Effective Date.
Final Action .........
FR Cite
11/27/19
12/27/19
84 FR 65316
01/19/21
03/22/21
86 FR 4909
03/22/21
04/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Joseph Bartels,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, Phone: 202–482–1595, Email:
jbartels@doc.gov.
RIN: 0605–AA51
completed in the Kingdom of Cambodia
(Cambodia), Malaysia, the Kingdom of
Thailand (Thailand), and the Socialist
Republic of Vietnam (Vietnam) using
parts and components manufactured in
the People’s Republic of China (China),
and that are not already subject to an
antidumping or countervailing duty
order.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Next Action Undetermined.
FR Cite
07/01/22
08/01/22
87 FR 39426
09/16/22
11/15/22
87 FR 56868
12/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Nikki Kalbing,
Department of Commerce, International
Trade Administration, Washington, DC
20230, Phone: 202–717–3147, Email:
nikki.kalbing@trade.gov.
RIN: 0625–AB21
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
DEPARTMENT OF COMMERCE (DOC)
Proposed Rule Stage
International Trade Administration
(ITA)
National Marine Fisheries Service
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Final Rule Stage
255. • Procedures Covering Suspension
of Liquidation, Duties and Estimated
Duties in Accord With Presidential
Proclamation 10414 [0625–AB21]
Legal Authority: Proc 10414, 87 FR
35067; 19 U.S.C. 1318
Abstract: In accordance with
Presidential Proclamation 10414 and
pursuant to its authority under Section
318(a) of the Tariff Act of 1930, as
amended (the Act), the Department of
Commerce (Commerce) is issuing this
final rule to implement Proclamation
10414. Specifically, Commerce is
issuing a new rule that, in the event of
an affirmative preliminary or final
determination in the antidumping and
countervailing duty (AD/CVD)
circumvention inquiries described
below, under Title VII of the Act,
extends the time for, and waives, the
suspension of liquidation, the
application of certain AD/CVD duties,
and the collection of cash deposits on
applicable entries of certain crystalline
silicon photovoltaic cells, whether or
not assembled into modules, that are
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256. International Fisheries; South
Pacific Tuna Fisheries; Implementation
of Amendments to the South Pacific
Tuna Treaty [0648–BG04]
Legal Authority: 16 U.S.C. 973 et seq.
Abstract: Under authority of the
South Pacific Tuna Act of 1988, this
rule would implement recent
amendments to the Treaty on Fisheries
between the Governments of Certain
Pacific Island States and the
Government of the United States of
America (also known as the South
Pacific Tuna Treaty). The rule would
include modification to the procedures
used to request licenses for U.S. vessels
in the western and central Pacific Ocean
purse seine fishery, including changing
the annual licensing period from 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:
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Action
NPRM ..................
Date
11205
FR Cite
12/00/22
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
257. Atlantic Highly Migratory Species;
Research and Data Collection in
Support of Spatial Fisheries
Management [0648–BI10]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This 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.
Timetable:
Action
NPRM ..................
Date
FR Cite
12/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
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Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20901, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BI10
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258. Amendment 122 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area; Pacific Cod Trawl
Cooperative Program [0648–BL08]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a
recommendation by the North Pacific
Fishery Management Council, this
proposed action would implement
Amendment 122 to the Fishery
Management Plan (FMP) for Groundfish
of the Bering Sea and Aleutian Islands
Management Area (BSAI). If approved
by the Secretary of Commerce and
implemented by NMFS, the Pacific cod
Trawl Cooperative Program (PCTC
Program) would allocate quota share
(QS) to groundfish License Limitation
Program (LLP) license holders based on
the harvest of BSAI Pacific cod during
qualifying years. This Program would
also allocate QS to a processor permit
holder based on processing history
during the qualifying years. QS
allocated under this program would
yield an exclusive harvest privilege to
members of a PCTC Program
cooperative. The Council’s intent in
recommending Amendment 122 is to
improve the prosecution of the fishery
by promoting safety and stability in the
harvesting and processing sectors,
increasing the value of the fishery,
minimizing bycatch to the extent
practicable, providing for the sustained
participation of fishery dependent
communities, and ensuring the
sustainability and viability of the Pacific
cod resource in the BSAI. The Council
initiated action on this Limited Access
Privilege Program (LAPP) in response to
industry requests to address increasing
inefficiency in the BSAI Pacific cod
trawl catcher vessel sector by
implementing a catch share program.
Owners and operators of harvesters and
processors that participate in the BSAI
Pacific cod trawl fishery would be
affected by this action. Section
304(b)(1)(A) of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA) is the rulemaking authority.
Section 303A of the MSA authorizes the
creation of LAPPs.
Timetable:
Action
Date
NPRM ..................
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Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jon Kurland,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7638, Email: jon.kurland@noaa.gov.
RIN: 0648–BL08
259. Amendment 123 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area; Halibut AbundanceBased Management of Amendment 80
Prohibited Species Catch Limit [0648–
BL42]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a
recommendation by the North Pacific
Fishery Management Council (Council),
this proposed action would implement
Amendment 123 to the Fishery
Management Plan (FMP) for Groundfish
of the Bering Sea and Aleutian Islands
Management Area (BSAI). If approved
by the Secretary of Commerce and
implemented by NMFS, this action
would determine the BSAI Amendment
80 commercial groundfish trawl fleet’s
(A80) halibut prohibited species catch
(PSC) limit annually based on the most
recent values from surveys conducted
by the Alaska Fisheries Science Center
and the International Pacific Halibut
Commission (IPHC). The Council’s
intent in recommending Amendment
123 is to link annual halibut PSC limits
in the A80 fleet with estimated halibut
abundance. The reason for the change
being considered is that the current PSC
limit, currently set as a fixed annual
amount of 1,745 mt, becomes an
increasingly larger proportion of total
halibut removals in the BSAI when
halibut abundance declines. Over the
last 6 years, the Council and its advisory
bodies, stakeholders, and the public
have considered several approaches for
a halibut abundance-based management
(ABM) program consistent with Council
fishery management objectives and the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA). Public testimony on this action
over the years has focused on two
primary concerns. The first is the
importance of providing flexibility to
the A80 fleet to prosecute their quotas.
The second is concern about the decline
in the directed halibut fishery catch as
a result of a decline in halibut
abundance, compounded by fixed PSC
limits that further reduce the proportion
of halibut available to the directed
halibut fisheries.
Timetable:
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Action
NPRM ..................
Date
FR Cite
12/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jon Kurland,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7638, Email: jon.kurland@noaa.gov.
RIN: 0648–BL42
260. • Revisions to Federal Regulations
to Economic Data Reporting
Requirements for Groundfish and Crab
Fisheries Off Alaska and Amendment
52 to the Fishery Management Plan for
BSAI King and Tanner Crabs [0648–
BL50]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a
recommendation by the North Pacific
Fishery Management Council (Council),
this proposed action would implement
Amendment 52 to the Fishery
Management Plan (FMP) for the
Commercial King and Tanner Crab
Fisheries of the Bering Sea and Aleutian
Islands Management Area (BSAI) and
revise Federal regulations to economic
data reporting (EDR) requirements for
groundfish and crab fisheries off Alaska.
If approved by the Secretary of
Commerce and implemented by NMFS,
this action would remove third party
data verification audits and blind
formatting requirements for the BSAI
crab fisheries EDR, the Bering Sea
American Fisheries Act (AFA) pollock
fishery Chinook Salmon EDR, and the
BSAI Amendment 80 fisheries EDR.
This action would also eliminate the
EDR requirements for the Gulf of Alaska
(GOA) trawl fisheries. The EDRs provide
information for program evaluation and
analysis of proposed conservation and
management measures. The third party
data verification audits and blind
formatting provisions require a higher
standard of confidentiality for
proprietary business information than
apply to all other confidential fisheries
information. These provisions have
proven to reduce the usability of the
data for analysis and to increase the cost
of the data collection programs without
providing additional practical
protections. The GOA Trawl EDR
program, implemented in 2015, was
designed to collect baseline information
to assess the impacts of a future catch
share program. However, no catch share
program for the GOA trawl fleet has
been implemented to date. The Council
initiated this action to improve the
usability, efficiency, and consistency of
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the data collection programs and
minimize cost to industry and the
Federal government while still
maintaining the integrity and
confidentiality of the data collection
program. Owners and operators of
harvesters and processors in the BSAI
crab fisheries, the AFA pollock fishery,
the Amendment 80 fisheries, and the
GOA trawl fisheries would be affected
by this action. Section 304(b)(1)(A) of
the Magnuson-Stevens Fishery
Conservation and Management Act is
the rulemaking authority.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
11/01/22
12/01/22
FR Cite
87 FR 65724
01/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jon Kurland,
Regional Administrator, Alaska Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 709 West Ninth Street,
Juneau, AK 99801, Phone: 907 586–
7638, Email: jon.kurland@noaa.gov.
RIN: 0648–BL50
lotter on DSK11XQN23PROD with PROPOSALS4
261. Designation of Critical Habitat for
Threatened Indo-Pacific Reef-Building
Corals [0648–BJ52]
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
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19:22 Feb 21, 2023
Jkt 259001
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 will determine whether to
propose to exclude any areas based on
national security impacts.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
NPRM Comment
Period Extended End.
Second NPRM
Comment Period Extended.
Second Extended
Comment Period End.
Third NPRM
Comment Period Extended.
Third NPRM
Comment Period Extended
End.
Second NPRM ....
FR Cite
11/27/20
01/26/21
85 FR 76262
12/23/20
85 FR 83899
02/25/21
02/09/21
86 FR 8749
03/27/21
03/29/21
06/00/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BJ52
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
262. Illegal, Unreported, and
Unregulated Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing
Moratorium Protection Act [0648–
BG11]
Regulatory Plan: This entry is Seq.
No. 17 in part II of this issue of the
Federal Register.
RIN: 0648–BG11
PO 00000
Frm 00007
Fmt 4701
Sfmt 4702
263. 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 [0648–BH70]
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
86 FR 16325
05/26/21
11207
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Next Action Undetermined.
Date
FR Cite
03/01/22
03/31/22
87 FR 11382
10/03/22
11/02/22
87 FR 59705
12/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Scott Rumsey, Acting
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872–2791, Email:
scott.rumsey@noaa.gov.
RIN: 0648–BH70
264. Magnuson-Stevens Fisheries
Conservation and Management Act;
Traceability Information Program for
Seafood [0648–BH87]
Legal Authority: 16 U.S.C. 1801 et
seq.; Pub. L. 115–141
Abstract: On December 9, 2016,
NMFS issued a final rule that
established a risk-based traceability
program to track seafood from harvest to
entry into U.S. commerce. The final rule
included, for designated priority fish
species, import permitting and reporting
requirements to provide for traceability
of seafood products offered for entry
into the U.S. supply chain, and to
ensure that these products were
lawfully acquired and are properly
represented. Shrimp and abalone
products were included in the final rule
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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
NPRM ..................
NPRM Comment
Period End.
Final Action .........
10/11/18
11/26/18
FR Cite
83 FR 51426
03/00/23
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
265. Atlantic Highly Migratory Species:
Amendment 13 on Bluefin Tuna
Management [0648–BI08]
lotter on DSK11XQN23PROD with PROPOSALS4
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NOAA/NMFS proposes to
revise the management measures for
Atlantic bluefin tuna fisheries. Potential
management measures could include
modifications to pelagic longline and
purse seine fisheries as well as other
bluefin tuna fisheries, which would
increase flexibility for fishery
participants.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
NPRM Comment
Period Extended.
VerDate Sep<11>2014
FR Cite
05/21/21
07/20/21
86 FR 27686
07/20/21
86 FR 38262
19:22 Feb 21, 2023
Jkt 259001
Action
Date
NPRM Comment
Period Extended End.
Final Action .........
Final Action Effective.
FR Cite
09/09/21
10/03/22
01/01/23
87 FR 59966
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20901, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BI08
266. Amendment 23 to the Northeast
Multispecies Fishery Management Plan
[0648–BK17]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action proposes
measures recommended by the New
England Fishery Management Council
in Amendment 23 to the Northeast
Multispecies Fishery Management Plan.
The Council developed this action to
implement measures to improve the
reliability and accountability of catch
reporting in the commercial groundfish
fishery to ensure there is a precise and
accurate representation of catch
(landings and discards). The purpose of
this action is to adjust the existing
industry-funded monitoring program to
improve accounting and accuracy of
collected catch data. Specifically, this
action would set a fixed target coverage
rate as a percentage of fishing trips to
replace the current annual method for
calculating a coverage target. This action
would exclude from the monitoring
requirement all trips in geographic areas
with low groundfish catch; allow for
increased coverage when federal
funding is available to reimburse
industry’s costs; set a baseline coverage
target for which there is no
reimbursement for industry’s costs in
the absence of federal funding; approve
electronic monitoring technologies as an
alternative to human at-sea monitors;
require periodic evaluation of the
monitoring program; allow for waivers
from monitoring for good cause; and
grant authority to the Northeast
Regional Administrator to streamline
industry’s reporting requirements.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
PO 00000
Frm 00008
02/28/22
03/30/22
12/00/22
Fmt 4701
Sfmt 4702
FR Cite
87 FR 11014
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Email: michael.pentony@
noaa.gov.
RIN: 0648–BK17
267. • 2023–2024 Harvest Specifications
and Management Measures for the
Pacific Coast Groundfish Fishery
[0648–BL48]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific
Fishery Management Council makes
recommendations to set biennial
allowable harvest levels for Pacific
Coast groundfish, and recommends
management measures for commercial,
recreational, and tribal fisheries that are
designed to achieve those harvest levels
consistent with the Pacific Coast
Groundfish Fishery Management Plan.
For the 202324 biennium, the Pacific
Fishery Management 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, 2023, through December 31,
2024. The National Marine Fisheries
Service (NMFS) would implement this
rulemaking under the authority of the
Magnuson Stevens Fishery Conservation
and Management Act.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
10/14/22
11/14/22
FR Cite
87 FR 62676
12/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Scott Rumsey, Acting
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872–2791, Email:
scott.rumsey@noaa.gov.
RIN: 0648–BL48
268. Amendment and Updates to the
Pelagic Longline Take Reduction Plan
[0648–BF90]
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: Serious injury and mortality
of the Western North Atlantic short-
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finned pilot whale stock incidental to
the Category I Atlantic pelagic longline
fishery continues at levels exceeding
their Potential Biological Removal. This
proposed action would examine a
number of management measures to
amend the Pelagic Longline Take
Reduction Plan to reduce the incidental
mortality and serious injury of shortfinned pilot whales taken in the Atlantic
Pelagic Longline fishery to below
Potential Biological Removal. Potential
management measures may include
changes to the current limitations on
mainline length, new requirements to
use weak hooks (hooks with reduced
breaking strength), and non-regulatory
measures related to determining the best
procedures for safe handling and release
of marine mammals. The need for the
proposed action is to ensure the Pelagic
Longline Take Reduction Plan meets its
Marine Mammal Protection Act
mandated short- and long-term goals.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
12/15/20
02/16/21
FR Cite
85 FR 81168
12/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BF90
lotter on DSK11XQN23PROD with PROPOSALS4
269. Designation of Critical Habitat for
the Threatened Caribbean Corals
[0648–BG26]
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: NMFS listed 5 Caribbean
corals as threatened under the
Endangered Species Act on October 10,
2014. Critical habitat shall be designated
to the maximum extent prudent and
determinable at the time a species is
proposed for listing (50 CFR 424.12). We
concluded that critical habitat was not
determinable for the 5 corals at the time
of listing. However, we anticipated that
critical habitat would be determinable
in the future given on-going research.
We, therefore, announced in the final
listing rules that we would propose
critical habitat in separate rulemakings.
This rule proposes to designate critical
habitat for the 5 Caribbean coral species
listed in 2014. A separate proposed
critical habitat rule is being prepared for
the 15 Indo-Pacific corals listed as
VerDate Sep<11>2014
19:22 Feb 21, 2023
Jkt 259001
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
NPRM ..................
NPRM Comment
Period End.
Final Rule ............
11/27/20
01/26/21
FR Cite
85 FR 76302
06/00/23
270. Amendments to the North Atlantic
Right Whale Vessel Strike Reduction
Rule [0648–BI88]
Regulatory Plan: This entry is Seq.
No. 18 in part II of this issue of the
Federal Register.
RIN: 0648–BI88
271. Establishment of Time-Area
Closures for Hawaiian Spinner
Dolphins Under the Marine Mammal
Protection Act [0648–BK04]
Legal Authority: 16 U.S.C. 1382 et seq.
Abstract: This 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
Frm 00009
Fmt 4701
Sfmt 4702
essential daytime habitats, and where
high levels of disturbance from human
activities are most prevalent.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Date
09/28/21
12/27/21
FR Cite
86 FR 53844
12/00/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BK04
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BG26
PO 00000
11209
National Marine Fisheries Service
272. Amendment 14 to the Fishery
Management Plan for the Salmon
Fisheries in the EEZ Off Alaska [0648–
BK31]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would modify
the Fishery Management Plan for the
Salmon Fisheries in the EEZ off Alaska
(FMP) and implement regulations to
manage the EEZ waters of Cook Inlet
under the FMP and prohibit commercial
fishing for salmon in this area.
Currently, this area is excluded from the
FMP and the State of Alaska manages
commercial fishing for salmon in this
area. If approved, this action would
result in all commercial salmon fishing
in Cook Inlet occurring within waters of
the State of Alaska under State
management plans. The North Pacific
Fishery Management Council (Council)
determined that this action is consistent
with the Council’s longstanding policy
to facilitate management of salmon
fishing by the State of Alaska and that
the State is the authority best suited for
managing Alaska salmon fisheries given
its existing infrastructure and expertise.
The Council considered, but did not
select, two other action alternatives that
would delegate management of the Cook
Inlet EEZ to the State of Alaska, or
establish Council and NMFS
management of the commercial salmon
fishery within the area. The Council did
not select either of these alternatives
because the State of Alaska was
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / UA: Reg Flex Agenda
unwilling to accept delegation of
management authority, and due to the
substantial increase in management
complexity and cost without
corresponding benefits of both
alternatives.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Next Action Undetermined.
06/04/21
07/06/21
11/03/21
12/03/21
Action
FR Cite
86 FR 29977
86 FR 60568
To Be Determined
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric
Administration (NOAA)
lotter on DSK11XQN23PROD with PROPOSALS4
Completed Actions
273. Comprehensive Fishery
Management Plan for Puerto Rico,
Comprehensive Fishery Management
Plan for St. Croix, Comprehensive
Fishery Management Plan for St.
Thomas/St. John [0648–BD32]
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
Fishery Management Plans (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:
19:22 Feb 21, 2023
Notice of Availability.
Comment Period
End.
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
06/26/20
FR Cite
85 FR 38350
08/25/20
05/19/22
06/21/22
87 FR 30730
09/13/22
10/13/22
87 FR 56204
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
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Jon Kurland, Phone:
907 586–7638, Email: jon.kurland@
noaa.gov.
RIN: 0648–BK31
VerDate Sep<11>2014
Date
Jkt 259001
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Andrew J.
Strelcheck, Acting Regional
Administrator, Southeast Region,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 263 13th Avenue
South, St. Petersburg, FL 33701, Phone:
727 824–5305, Email: andy.strelcheck@
noaa.gov.
RIN: 0648–BD32
274. International Fisheries; Western
and Central Pacific Fisheries for Highly
Migratory Species; Treatment of U.S.
Purse Seine Fishing With Respect to
U.S. Territories [0648–BF41]
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
PO 00000
Frm 00010
Fmt 4701
Sfmt 4702
ANPRM ...............
ANPRM Comment
Period End.
Withdrawn ...........
Date
10/23/15
11/23/15
FR Cite
80 FR 64382
09/09/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Tosatto,
Regional Administrator, Pacific Islands
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1845 Wasp Boulevard,
Building 176, Honolulu, HI 96818,
Phone: 808 725–5000, Email:
michael.tosatto@noaa.gov.
RIN: 0648–BF41
275. Establish National Insurance
Requirements for Observer Providers
[0648–BJ33]
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 ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
11/22/21
01/21/22
86 FR 66259
09/08/22
09/08/22
87 FR 54902
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
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Highway, Silver Spring, MD 20910,
Phone: 301 427–8100, Email:
evan.howell@noaa.gov.
RIN: 0648–BJ33
276. Implementation of Resolutions C–
21–04 and C–21–06 of the InterAmerican Tropical Tuna Commission
for Tropical Tuna and Silky Shark
Conservation [0648–BK84]
Legal Authority: 16 U.S.C. 951; 16
U.S.C. 952; 16 U.S.C. 953; 16 U.S.C.
954; . . .
Abstract: The Inter-American Tropical
Tuna Commission (IATTC) is expected
to adopt by consensus a Resolution for
Conservation Measures for Tropical
Tunas in the Eastern Pacific Ocean in
October 2021. The Resolution is binding
for IATTC member nations, and under
the Tuna Conventions Act, 16 U.S.C.
951 et seq. NMFS must implement the
Resolution domestically. This proposed
rule would implement the provisions
for tropical tuna for 2022 and beyond.
In addition to rolling over measures
from the 2021 Resolution, this
Resolution may include an increase in
purse seine closure days, changes to
force majeure provisions, updates to fish
aggregating device measures. The
Resolution is intended to prevent
overfishing of tropical tuna (bigeye,
yellowfin, and skipjack) in the eastern
Pacific Ocean. The following provisions
that would be included in the proposed
rule were also in the regulations
implemented for 2021. The rule will
continue to prohibit purse seine vessels
of class sizes 4–6 (carrying capacity
greater than 182 mt) from fishing for
tropical tuna in the EPO for a period of
at least 72 days. The rule would
continue to require a closure of the
fishery for yellowfin, bigeye, and
skipjack tunas by purse-seine vessels
within the area of 96W and 110W and
between 4°N and 3°S from 0000 hours
on 9 October to 2400 hours on 8
November. The rule would carry over
all provisions included in the Measures
of the Longline Fishery and Other
Provisions section of the Resolution. As
of August 23, 2021, 17 U.S. purse seine
vessels of class size 4–6 are registered to
fish in the IATTC Convention Area that
would be impacted by these measures.
Owners and operators of these vessels
are familiar with these measures. In
addition to sending professional
representatives and lobbyists, many
personally attended the June and
August IATTC Meetings and were
closely involved in briefings and
discussions with State Department and
NMFS leadership and staff. The action
is necessary for the United States to
satisfy its international obligations as a
Member of the IATTC. This rule is not
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19:22 Feb 21, 2023
Jkt 259001
expected to trigger either opposition
from any sector of the public or
congressional interest. This rule absorbs
0648–BK87.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
03/28/22
04/27/22
87 FR 17248
07/08/22
07/25/22
87 FR 40731
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Scott Rumsey, Acting
Regional Administrator, West Coast
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 1201 NE Lloyd
Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872–2791, Email:
scott.rumsey@noaa.gov.
RIN: 0648–BK84
277. Framework Adjustment 63 to the
Northeast Multispecies Fishery
Management Plan [0648–BL12]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The action would
implement management measures
included in Framework Adjustment 63
to the Northeast Multispecies Fishery
Management Plan (Framework 63) that
were developed by the New England
Fishery Management Council in
response to new scientific information,
pursuant to the rulemaking authorities
under section 303(c) of the MagnusonStevens Fishery Conservation and
Management Act. The action would set
annual specifications for fishing years
(FY) 2022–2024 for Gulf of Maine cod
and Georges Bank (GB) cod, FY2022–
2023 for GB yellowtail flounder, and
FY2022 for white hake, and specify FY
2022 total allowable catches (TAC) for
the three U.S./Canada stocks eastern GB
cod, eastern GB haddock, and GB
yellowtail flounder. It would also adopt
additional measures to promote stock
rebuilding; and develop alternatives to
the current default specifications
system.
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
04/20/22
05/05/22
87 FR 23482
07/15/22
07/15/22
87 FR 42375
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Michael Pentony,
Regional Administrator, Greater Atlantic
PO 00000
Frm 00011
Fmt 4701
Sfmt 4702
11211
Region, Department of Commerce,
National Oceanic and Atmospheric
Administration, 55 Great Republic
Drive, Gloucester, MA 01930, Phone:
978 281–9283, Email: michael.pentony@
noaa.gov.
RIN: 0648–BL12
278. Atlantic Highly Migratory Species;
Rule To Modify the Retention Limit of
Shortfin Mako Sharks [0648–BL17]
Legal Authority: 16 U.S.C. 1801 et
seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic highly migratory
species (HMS) fisheries are managed
under the dual authority of the
Magnuson-Stevens Conservation and
Management Act and the Atlantic Tunas
Convention Act (ATCA). This proposed
rule would adopt management measures
implementing a 2021 International
Commission for the Conservation of
Atlantic Tunas (ICCAT)
recommendation prohibiting retention
of North Atlantic shortfin mako sharks
caught in association with ICCAT
fisheries in 2022. Specifically, this
action would propose implementing a
flexible shortfin mako shark retention
limit with a default of zero in
commercial and recreational HMS
fisheries. This action is being taken
pursuant to the rulemaking authority
under the Magnuson-Stevens Fishery
Conservation and Management Act,
section 305(d), and ATCA.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Date
FR Cite
04/11/22
05/11/22
87 FR 21077
07/01/22
07/05/22
87 FR 39373
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kelly Denit, Director,
Office of Sustainable Fisheries,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Room 13362, Silver Spring,
MD 20901, Phone: 301 427–8500, Email:
kelly.denit@noaa.gov.
RIN: 0648–BL17
279. Atlantic Large Whale Take
Reduction Plan Modifications To
Reduce Serious Injury and Mortality of
Large Whales in Commercial Trap/Pot
Fisheries Along the U.S. East Coast
[0648–BJ09]
Legal Authority: 16 U.S.C. 1387 et seq.
Abstract: In response to recent
recommendations from the Atlantic
Large Whale Take Reduction Team
(TRT) to reduce the risk of North
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Atlantic right whale entanglement in
commercial trap/pot fisheries along the
U.S. East Coast, the National Marine
Fisheries Service (NMFS) intends to
propose regulations to amend the
Atlantic Large Whale Take Reduction
Plan (Plan).
Timetable:
Action
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Final Action Correction.
Final Action Correction Effective.
FR Cite
12/31/20
03/01/21
85 FR 86878
09/17/21
10/18/21
86 FR 51970
03/03/22
87 FR 11978
Abstract: The United States Patent
and Trademark Office (USPTO or
Office) takes this action to set and adjust
Patent fee amounts to provide the Office
with a sufficient amount of aggregate
revenue to recover its aggregate cost of
operations while helping the Office
maintain a sustainable funding model,
decrease patent pendency, and improve
the reliability of issued patents.
Timetable:
Action
03/03/22
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Kim Damon-Randall,
Director, Office of Protected Resources,
Department of Commerce, National
Oceanic and Atmospheric
Administration, 1315 East-West
Highway, Silver Spring, MD 20910,
Phone: 301 427–8400, Email:
kimberly.damon-randall@noaa.gov.
RIN: 0648–BJ09
Date
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
FR Cite
01/00/24
04/00/24
10/00/24
12/00/24
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–AD64
DEPARTMENT OF COMMERCE (DOC)
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Completed Actions
Proposed Rule Stage
280. • Setting and Adjusting Trademark
Fees [0651–AD65]
Regulatory Plan: This entry is Seq.
No. 19 in part II of this issue of the
Federal Register.
RIN: 0651–AD65
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Long-Term Actions
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281. • Setting and Adjusting Patent Fees
[0651–AD64]
Legal Authority: Pub. L. 112–29
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Patent and Trademark Office (PTO)
282. Changes To Implement Provisions
of the Trademark Modernization Act of
2020 [0651–AD55]
Legal Authority: 15 U.S.C. 1066; 15
U.S.C. 1067; 15 U.S.C. 1113; 15 U.S.C.
1123; 35 U.S.C. 2; Pub. L. 112–29; Pub.
L. 116–260
Abstract: The United States Patent
and Trademark Office (USPTO or
Office) amends the rules of practice in
trademark cases to implement
provisions of the Trademark
Modernization Act of 2020. The rule
establishes ex parte expungement and
reexamination proceedings for
cancellation of a registration when the
required use in commerce of the
PO 00000
Frm 00012
Fmt 4701
Sfmt 9990
registered mark has not been made;
provides for a new nonuse ground for
cancellation before the Trademark Trial
and Appeal Board; establishes flexible
Office action response periods; and
amends the existing letter-of-protest rule
to indicate that letter-of-protest
determinations are final and nonreviewable. The USPTO also sets fees
for petitions requesting institution of ex
parte expungement and reexamination
proceedings, and for requests to extend
Office action response deadlines.
Amendments are also for the rules
concerning the suspension of USPTO
proceedings and the rules governing
attorney recognition in trademark
matters. Finally, a new rule is to address
procedures regarding court orders
cancelling or affecting registrations.
Timetable:
Action
NPRM ..................
NPRM Comment
Period End.
Final Action .........
Final Action Effective.
Correction; Delay
of Effective
Date.
Correction; Delay
of Effective
Date Effective.
Date
FR Cite
05/18/21
07/19/21
86 FR 26862
11/17/21
12/18/21
86 FR 64300
10/13/22
87 FR 62032
10/07/23
Regulatory Flexibility Analysis
Required: Yes.
Agency Contact: Catherine Cain,
Trademark Manual of Examining
Procedure Editor, Department of
Commerce, Patent and Trademark
Office, P.O. Box 1451, Alexandria, VA
22313, Phone: 571 272–8946, Fax: 751
273–8946, Email: catherine.cain@
uspto.gov.
RIN: 0651–AD55
[FR Doc. 2023–02455 Filed 2–21–23; 8:45 am]
BILLING CODE 3410–12–P
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]]>Agencies
[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Unknown Section]
[Pages 11202-11212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02455]
[[Page 11201]]
Vol. 88
Wednesday,
No. 35
February 22, 2023
Part IV
Department of Commerce
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda
[[Page 11202]]
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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 2021 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 2022 agenda. The purpose of the Agenda is to provide
information to the public on regulations that are currently under
review, being proposed, or recently issued by Commerce. It is expected
that this information will enable the public to participate more
effectively in the Department's regulatory process.
Commerce's fall 2022 regulatory agenda includes regulatory
activities that are expected to be conducted during the period November
1, 2022, through October 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Specific: For additional information about specific regulatory
actions listed in the agenda, contact the individual identified as the
contact person.
General: Comments or inquiries of a general nature about the agenda
should be directed to Candida Harty, Chief Counsel for Regulation,
Office of the Assistant General Counsel for Legislation and Regulation,
U.S. Department of Commerce, Washington, DC 20230, telephone: 202-482-
3410.
SUPPLEMENTARY INFORMATION: Commerce hereby publishes its fall 2022
Unified Agenda of Federal Regulatory and Deregulatory Actions pursuant
to Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C.
601 et seq. Executive Order 12866 requires agencies to publish an
agenda of those regulations that are under consideration. By memorandum
of September 2, 2022, the Office of Management and Budget issued
guidelines and procedures for the preparation and publication of the
fall 2022 Unified Agenda. The Regulatory Flexibility Act requires
agencies to publish, in the spring and fall of each year, a regulatory
flexibility agenda that contains a brief description of the subject of
any rule likely to have a significant economic impact on a substantial
number of small entities.
The internet is the basic means for disseminating the Unified
Agenda. The complete Unified Agenda is available online at
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 recommend
actions to NMFS deemed 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 2022 regulatory agenda follows.
Leslie Kiernan,
General Counsel.
[[Page 11203]]
General Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
252....................... Securing the Information 0605-AA60
and Communications
Technology and Services
Supply Chain: Licensing
Procedures.
253....................... Taking Additional Steps to 0605-AA61
Address the National
Emergency With Respect to
Significant Malicious
Cyber-Enabled Activities.
------------------------------------------------------------------------
General Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
254....................... Securing the Information 0605-AA51
and Communications
Technology and Services
Supply Chain.
------------------------------------------------------------------------
International Trade Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
255....................... Procedures Covering 0625-AB21
Suspension of
Liquidation, Duties and
Estimated Duties in
Accord with Presidential
Proclamation 10414.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
256....................... International Fisheries; 0648-BG04
South Pacific Tuna
Fisheries; Implementation
of Amendments to the
South Pacific Tuna Treaty.
257....................... Atlantic Highly Migratory 0648-BI10
Species; Research and
Data Collection in
Support of Spatial
Fisheries Management.
258....................... Amendment 122 to the 0648-BL08
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area;
Pacific Cod Trawl
Cooperative Program.
259....................... Amendment 123 to the 0648-BL42
Fishery Management Plan
for Groundfish of the
Bering Sea and Aleutian
Islands Management Area;
Halibut Abundance-Based
Management of Amendment
80 Prohibited Species
Catch Limit.
260....................... Revisions to Federal 0648-BL50
Regulations to Economic
Data Reporting
Requirements for
Groundfish and Crab
Fisheries off Alaska and
Amendment 52 to the
Fishery Management Plan
for BSAI King and Tanner
Crabs.
261....................... Designation of Critical 0648-BJ52
Habitat for Threatened
Indo-Pacific Reef-
Building Corals.
------------------------------------------------------------------------
National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
262....................... Illegal, Unreported, and 0648-BG11
Unregulated Fishing;
Fisheries Enforcement;
High Seas Driftnet
Fishing Moratorium
Protection Act (Reg Plan
Seq No. 17).
263....................... 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.
264....................... Magnuson-Stevens Fisheries 0648-BH87
Conservation and
Management Act;
Traceability Information
Program for Seafood.
265....................... Atlantic Highly Migratory 0648-BI08
Species: Amendment 13 on
Bluefin Tuna Management.
266....................... Amendment 23 to the 0648-BK17
Northeast Multispecies
Fishery Management Plan.
267....................... 2023-2024 Harvest 0648-BL48
Specifications and
Management Measures for
the Pacific Coast
Groundfish Fishery.
268....................... Amendment and Updates to 0648-BF90
the Pelagic Longline Take
Reduction Plan.
269....................... Designation of Critical 0648-BG26
Habitat for the
Threatened Caribbean
Corals.
270....................... Amendments to the North 0648-BI88
Atlantic Right Whale
Vessel Strike Reduction
Rule (Reg Plan Seq No.
18).
271....................... 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--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
272....................... Amendment 14 to the 0648-BK31
Fishery Management Plan
for the Salmon Fisheries
in the EEZ Off Alaska.
------------------------------------------------------------------------
[[Page 11204]]
National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
273....................... 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.
274....................... 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.
275....................... Establish National 0648-BJ33
Insurance Requirements
for Observer Providers.
276....................... Implementation of 0648-BK84
Resolutions C-21-04 and C-
21-06 of the Inter-
American Tropical Tuna
Commission for Tropical
Tuna and Silky Shark
Conservation.
277....................... Framework Adjustment 63 to 0648-BL12
the Northeast
Multispecies Fishery
Management Plan.
278....................... Atlantic Highly Migratory 0648-BL17
Species; Rule to Modify
the Retention Limit of
Shortfin Mako Sharks.
279....................... 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.
------------------------------------------------------------------------
Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
280....................... Setting and Adjusting 0651-AD65
Trademark Fees (Reg Plan
Seq No. 19).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Patent and Trademark Office--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
281....................... Setting and Adjusting 0651-AD64
Patent Fees.
------------------------------------------------------------------------
Patent and Trademark Office--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
282....................... Changes To Implement 0651-AD55
Provisions of the
Trademark Modernization
Act of 2020.
------------------------------------------------------------------------
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Proposed Rule Stage
252. Securing the Information and Communications Technology and
Services Supply Chain: Licensing Procedures [0605-AA60]
Legal Authority: Not Yet Determined
Abstract: The Department is seeking public input regarding
establishing a licensing process for entities to seek pre-approval
before engaging in or continuing to engage in potentially regulated
ICTS Transactions under the ``Securing the Information and
Communications Technology and Services Supply Chain'' rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 03/29/21 86 FR 16312
ANPRM Comment Period End............ 04/28/21 .......................
NPRM................................ 05/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joseph Bartels, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202-482-1595,
Email: [email protected].
RIN: 0605-AA60
253. Taking Additional Steps To Address the National Emergency With
Respect to Significant Malicious Cyber-Enabled Activities [0605-AA61]
Legal Authority: Not Yet Determined
Abstract: Executive Order 13984 of January 19, 2021, entitled
Taking Additional Steps to Address the National Emergency with Respect
to Significant Malicious Cyber-Enabled Activities (E.O. 13984), has
directed the Secretary of Commerce (Secretary) to implement regulations
that would govern the process and procedures that the Secretary will
use to deter foreign malicious cyber actors' use of United States
Infrastructure as a Service (IaaS) products and assist in the
investigation of transactions involving foreign malicious cyber actors.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 09/24/21 86 FR 53018
ANPRM Comment Period End............ 10/25/21 .......................
NPRM................................ 06/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joseph Bartels, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202-482-1595,
Email: [email protected].
RIN: 0605-AA61
DEPARTMENT OF COMMERCE (DOC)
General Administration (ADMIN)
Final Rule Stage
254. Securing the Information and Communications Technology and
Services Supply Chain [0605-AA51]
Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301
Abstract: Pursuant to Executive Order 13873 of May 15, 2019,
Securing the Information and Communications
[[Page 11205]]
Technology and Services Supply Chain,'' (Executive Order) the
Department of Commerce (the Department) is implementing the process and
procedures that the Secretary of Commerce (Secretary) will use to
identify, assess, and address transactions that pose an undue risk to
the security, integrity, and reliability of information and
communications technology and services provided and used in the United
States.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/19 84 FR 65316
NPRM Comment Period End............. 12/27/19 .......................
Interim Final Rule.................. 01/19/21 86 FR 4909
Interim Final Rule Comment Period 03/22/21 .......................
End.
Interim Final Rule Effective Date... 03/22/21 .......................
Final Action........................ 04/00/23 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Joseph Bartels, Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230, Phone: 202-482-1595,
Email: [email protected].
RIN: 0605-AA51
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Final Rule Stage
255. Procedures Covering Suspension of Liquidation, Duties and
Estimated Duties in Accord With Presidential Proclamation 10414 [0625-
AB21]
Legal Authority: Proc 10414, 87 FR 35067; 19 U.S.C. 1318
Abstract: In accordance with Presidential Proclamation 10414 and
pursuant to its authority under Section 318(a) of the Tariff Act of
1930, as amended (the Act), the Department of Commerce (Commerce) is
issuing this final rule to implement Proclamation 10414. Specifically,
Commerce is issuing a new rule that, in the event of an affirmative
preliminary or final determination in the antidumping and
countervailing duty (AD/CVD) circumvention inquiries described below,
under Title VII of the Act, extends the time for, and waives, the
suspension of liquidation, the application of certain AD/CVD duties,
and the collection of cash deposits on applicable entries of certain
crystalline silicon photovoltaic cells, whether or not assembled into
modules, that are completed in the Kingdom of Cambodia (Cambodia),
Malaysia, the Kingdom of Thailand (Thailand), and the Socialist
Republic of Vietnam (Vietnam) using parts and components manufactured
in the People's Republic of China (China), and that are not already
subject to an antidumping or countervailing duty order.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/01/22 87 FR 39426
NPRM Comment Period End............. 08/01/22 .......................
Final Action........................ 09/16/22 87 FR 56868
Final Action Effective.............. 11/15/22 .......................
Next Action Undetermined............ 12/00/22 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Nikki Kalbing, Department of Commerce,
International Trade Administration, Washington, DC 20230, Phone: 202-
717-3147, Email: [email protected].
RIN: 0625-AB21
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Proposed Rule Stage
National Marine Fisheries Service
256. International Fisheries; South Pacific Tuna Fisheries;
Implementation of Amendments to the South Pacific Tuna Treaty [0648-
BG04]
Legal Authority: 16 U.S.C. 973 et seq.
Abstract: Under authority of the South Pacific Tuna Act of 1988,
this rule would implement recent amendments to the Treaty on Fisheries
between the Governments of Certain Pacific Island States and the
Government of the United States of America (also known as the South
Pacific Tuna Treaty). The rule would include modification to the
procedures used to request licenses for U.S. vessels in the western and
central Pacific Ocean purse seine fishery, including changing the
annual licensing period from June-to-June to the calendar year, and
modifications to existing reporting requirements for purse seine
vessels fishing in the western and central Pacific Ocean. The rule
would implement only those aspects of the Treaty amendments that can be
implemented under the existing South Pacific Tuna Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/22 .......................
------------------------------------------------------------------------
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
257. Atlantic Highly Migratory Species; Research and Data Collection in
Support of Spatial Fisheries Management [0648-BI10]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This 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................................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries,
[[Page 11206]]
Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BI10
258. Amendment 122 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area; Pacific Cod Trawl
Cooperative Program [0648-BL08]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council, this proposed action would implement
Amendment 122 to the Fishery Management Plan (FMP) for Groundfish of
the Bering Sea and Aleutian Islands Management Area (BSAI). If approved
by the Secretary of Commerce and implemented by NMFS, the Pacific cod
Trawl Cooperative Program (PCTC Program) would allocate quota share
(QS) to groundfish License Limitation Program (LLP) license holders
based on the harvest of BSAI Pacific cod during qualifying years. This
Program would also allocate QS to a processor permit holder based on
processing history during the qualifying years. QS allocated under this
program would yield an exclusive harvest privilege to members of a PCTC
Program cooperative. The Council's intent in recommending Amendment 122
is to improve the prosecution of the fishery by promoting safety and
stability in the harvesting and processing sectors, increasing the
value of the fishery, minimizing bycatch to the extent practicable,
providing for the sustained participation of fishery dependent
communities, and ensuring the sustainability and viability of the
Pacific cod resource in the BSAI. The Council initiated action on this
Limited Access Privilege Program (LAPP) in response to industry
requests to address increasing inefficiency in the BSAI Pacific cod
trawl catcher vessel sector by implementing a catch share program.
Owners and operators of harvesters and processors that participate in
the BSAI Pacific cod trawl fishery would be affected by this action.
Section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA) is the rulemaking authority. Section 303A of the
MSA authorizes the creation of LAPPs.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: [email protected].
RIN: 0648-BL08
259. Amendment 123 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area; Halibut Abundance-
Based Management of Amendment 80 Prohibited Species Catch Limit [0648-
BL42]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council (Council), this proposed action would
implement Amendment 123 to the Fishery Management Plan (FMP) for
Groundfish of the Bering Sea and Aleutian Islands Management Area
(BSAI). If approved by the Secretary of Commerce and implemented by
NMFS, this action would determine the BSAI Amendment 80 commercial
groundfish trawl fleet's (A80) halibut prohibited species catch (PSC)
limit annually based on the most recent values from surveys conducted
by the Alaska Fisheries Science Center and the International Pacific
Halibut Commission (IPHC). The Council's intent in recommending
Amendment 123 is to link annual halibut PSC limits in the A80 fleet
with estimated halibut abundance. The reason for the change being
considered is that the current PSC limit, currently set as a fixed
annual amount of 1,745 mt, becomes an increasingly larger proportion of
total halibut removals in the BSAI when halibut abundance declines.
Over the last 6 years, the Council and its advisory bodies,
stakeholders, and the public have considered several approaches for a
halibut abundance-based management (ABM) program consistent with
Council fishery management objectives and the Magnuson-Stevens Fishery
Conservation and Management Act (MSA). Public testimony on this action
over the years has focused on two primary concerns. The first is the
importance of providing flexibility to the A80 fleet to prosecute their
quotas. The second is concern about the decline in the directed halibut
fishery catch as a result of a decline in halibut abundance, compounded
by fixed PSC limits that further reduce the proportion of halibut
available to the directed halibut fisheries.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: [email protected].
RIN: 0648-BL42
260. Revisions to Federal Regulations to Economic Data
Reporting Requirements for Groundfish and Crab Fisheries Off Alaska and
Amendment 52 to the Fishery Management Plan for BSAI King and Tanner
Crabs [0648-BL50]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: In response to a recommendation by the North Pacific
Fishery Management Council (Council), this proposed action would
implement Amendment 52 to the Fishery Management Plan (FMP) for the
Commercial King and Tanner Crab Fisheries of the Bering Sea and
Aleutian Islands Management Area (BSAI) and revise Federal regulations
to economic data reporting (EDR) requirements for groundfish and crab
fisheries off Alaska. If approved by the Secretary of Commerce and
implemented by NMFS, this action would remove third party data
verification audits and blind formatting requirements for the BSAI crab
fisheries EDR, the Bering Sea American Fisheries Act (AFA) pollock
fishery Chinook Salmon EDR, and the BSAI Amendment 80 fisheries EDR.
This action would also eliminate the EDR requirements for the Gulf of
Alaska (GOA) trawl fisheries. The EDRs provide information for program
evaluation and analysis of proposed conservation and management
measures. The third party data verification audits and blind formatting
provisions require a higher standard of confidentiality for proprietary
business information than apply to all other confidential fisheries
information. These provisions have proven to reduce the usability of
the data for analysis and to increase the cost of the data collection
programs without providing additional practical protections. The GOA
Trawl EDR program, implemented in 2015, was designed to collect
baseline information to assess the impacts of a future catch share
program. However, no catch share program for the GOA trawl fleet has
been implemented to date. The Council initiated this action to improve
the usability, efficiency, and consistency of
[[Page 11207]]
the data collection programs and minimize cost to industry and the
Federal government while still maintaining the integrity and
confidentiality of the data collection program. Owners and operators of
harvesters and processors in the BSAI crab fisheries, the AFA pollock
fishery, the Amendment 80 fisheries, and the GOA trawl fisheries would
be affected by this action. Section 304(b)(1)(A) of the Magnuson-
Stevens Fishery Conservation and Management Act is the rulemaking
authority.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/01/22 87 FR 65724
NPRM Comment Period End............. 12/01/22
Final Action........................ 01/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Regional Administrator, Alaska Region,
Department of Commerce, National Oceanic and Atmospheric
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907
586-7638, Email: [email protected].
RIN: 0648-BL50
261. Designation of Critical Habitat for Threatened Indo-Pacific Reef-
Building Corals [0648-BJ52]
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 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
NPRM Comment Period Extended........ 12/23/20 85 FR 83899
NPRM Comment Period Extended End.... 02/25/21
Second NPRM Comment Period Extended. 02/09/21 86 FR 8749
Second Extended Comment Period End.. 03/27/21
Third NPRM Comment Period Extended.. 03/29/21 86 FR 16325
Third NPRM Comment Period Extended 05/26/21
End.
Second NPRM......................... 06/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BJ52
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Final Rule Stage
National Marine Fisheries Service
262. Illegal, Unreported, and Unregulated Fishing; Fisheries
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act
[0648-BG11]
Regulatory Plan: This entry is Seq. No. 17 in part II of this issue
of the Federal Register.
RIN: 0648-BG11
263. 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 [0648-BH70]
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................................ 03/01/22 87 FR 11382
NPRM Comment Period End............. 03/31/22
Final Action........................ 10/03/22 87 FR 59705
Final Action Effective.............. 11/02/22
Next Action Undetermined............ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Rumsey, Acting Regional Administrator, West
Coast Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872-2791, Email: [email protected].
RIN: 0648-BH70
264. Magnuson-Stevens Fisheries Conservation and Management Act;
Traceability Information Program for Seafood [0648-BH87]
Legal Authority: 16 U.S.C. 1801 et seq.; Pub. L. 115-141
Abstract: On December 9, 2016, NMFS issued a final rule that
established a risk-based traceability program to track seafood from
harvest to entry into U.S. commerce. The final rule included, for
designated priority fish species, import permitting and reporting
requirements to provide for traceability of seafood products offered
for entry into the U.S. supply chain, and to ensure that these products
were lawfully acquired and are properly represented. Shrimp and abalone
products were included in the final rule
[[Page 11208]]
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........................ 03/00/23
------------------------------------------------------------------------
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
265. Atlantic Highly Migratory Species: Amendment 13 on Bluefin Tuna
Management [0648-BI08]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: NOAA/NMFS proposes to revise the management measures for
Atlantic bluefin tuna fisheries. Potential management measures could
include modifications to pelagic longline and purse seine fisheries as
well as other bluefin tuna fisheries, which would increase flexibility
for fishery participants.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/21/21 86 FR 27686
NPRM Comment Period End............. 07/20/21
NPRM Comment Period Extended........ 07/20/21 86 FR 38262
NPRM Comment Period Extended End.... 09/09/21
Final Action........................ 10/03/22 87 FR 59966
Final Action Effective.............. 01/01/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BI08
266. Amendment 23 to the Northeast Multispecies Fishery Management Plan
[0648-BK17]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action proposes measures recommended by the New
England Fishery Management Council in Amendment 23 to the Northeast
Multispecies Fishery Management Plan. The Council developed this action
to implement measures to improve the reliability and accountability of
catch reporting in the commercial groundfish fishery to ensure there is
a precise and accurate representation of catch (landings and discards).
The purpose of this action is to adjust the existing industry-funded
monitoring program to improve accounting and accuracy of collected
catch data. Specifically, this action would set a fixed target coverage
rate as a percentage of fishing trips to replace the current annual
method for calculating a coverage target. This action would exclude
from the monitoring requirement all trips in geographic areas with low
groundfish catch; allow for increased coverage when federal funding is
available to reimburse industry's costs; set a baseline coverage target
for which there is no reimbursement for industry's costs in the absence
of federal funding; approve electronic monitoring technologies as an
alternative to human at-sea monitors; require periodic evaluation of
the monitoring program; allow for waivers from monitoring for good
cause; and grant authority to the Northeast Regional Administrator to
streamline industry's reporting requirements.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/28/22 87 FR 11014
NPRM Comment Period End............. 03/30/22
Final Action........................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Email: [email protected].
RIN: 0648-BK17
267. 2023-2024 Harvest Specifications and Management Measures
for the Pacific Coast Groundfish Fishery [0648-BL48]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: Every other year, the Pacific Fishery Management Council
makes recommendations to set biennial allowable harvest levels for
Pacific Coast groundfish, and recommends management measures for
commercial, recreational, and tribal fisheries that are designed to
achieve those harvest levels consistent with the Pacific Coast
Groundfish Fishery Management Plan. For the 202324 biennium, the
Pacific Fishery Management 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,
2023, through December 31, 2024. The National Marine Fisheries Service
(NMFS) would implement this rulemaking under the authority of the
Magnuson Stevens Fishery Conservation and Management Act.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/14/22 87 FR 62676
NPRM Comment Period End............. 11/14/22
Final Action........................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Rumsey, Acting Regional Administrator, West
Coast Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872-2791, Email: [email protected].
RIN: 0648-BL48
268. Amendment and Updates to the Pelagic Longline Take Reduction Plan
[0648-BF90]
Legal Authority: 16 U.S.C. 1361 et seq.
Abstract: Serious injury and mortality of the Western North
Atlantic short-
[[Page 11209]]
finned pilot whale stock incidental to the Category I Atlantic pelagic
longline fishery continues at levels exceeding their Potential
Biological Removal. This proposed action would 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................................ 12/15/20 85 FR 81168
NPRM Comment Period End............. 02/16/21
Final Action........................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BF90
269. Designation of Critical Habitat for the Threatened Caribbean
Corals [0648-BG26]
Legal Authority: 16 U.S.C. 1531 et seq.
Abstract: NMFS listed 5 Caribbean corals as threatened under the
Endangered Species Act on October 10, 2014. Critical habitat shall be
designated to the maximum extent prudent and determinable at the time a
species is proposed for listing (50 CFR 424.12). We concluded that
critical habitat was not determinable for the 5 corals at the time of
listing. However, we anticipated that critical habitat would be
determinable in the future given on-going research. We, therefore,
announced in the final listing rules that we would propose critical
habitat in separate rulemakings. This rule proposes to designate
critical habitat for the 5 Caribbean coral species listed in 2014. A
separate proposed critical habitat rule is being prepared for the 15
Indo-Pacific corals listed as threatened in 2014. The proposed
designation for the Caribbean corals may include marine waters in
Florida, Puerto Rico, US Virgin Islands, Navassa Island, and Flower
Garden Banks containing essential features that support all stages of
life history of the corals. The proposed rule is not likely to have an
annual effect on the economy of $100 million or more or adversely
affect the economy. NMFS has contacted the Departments of the Navy, Air
Force, and Army as well as the U.S. Coast Guard requesting information
related to potential national security impacts that may result from the
critical habitat designation. Based on information provided, we
concluded that there will be an impact on national security in only 1
area offshore Dania Beach, FL, and will propose to exclude it from the
designations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/27/20 85 FR 76302
NPRM Comment Period End............. 01/26/21
Final Rule.......................... 06/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BG26
270. Amendments to the North Atlantic Right Whale Vessel Strike
Reduction Rule [0648-BI88]
Regulatory Plan: This entry is Seq. No. 18 in part II of this issue
of the Federal Register.
RIN: 0648-BI88
271. Establishment of Time-Area Closures for Hawaiian Spinner Dolphins
Under the Marine Mammal Protection Act [0648-BK04]
Legal Authority: 16 U.S.C. 1382 et seq.
Abstract: This 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................................ 09/28/21 86 FR 53844
NPRM Comment Period End............. 12/27/21
Final Action........................ 12/00/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BK04
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Long-Term Actions
National Marine Fisheries Service
272. Amendment 14 to the Fishery Management Plan for the Salmon
Fisheries in the EEZ Off Alaska [0648-BK31]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: This action would modify the Fishery Management Plan for
the Salmon Fisheries in the EEZ off Alaska (FMP) and implement
regulations to manage the EEZ waters of Cook Inlet under the FMP and
prohibit commercial fishing for salmon in this area. Currently, this
area is excluded from the FMP and the State of Alaska manages
commercial fishing for salmon in this area. If approved, this action
would result in all commercial salmon fishing in Cook Inlet occurring
within waters of the State of Alaska under State management plans. The
North Pacific Fishery Management Council (Council) determined that this
action is consistent with the Council's longstanding policy to
facilitate management of salmon fishing by the State of Alaska and that
the State is the authority best suited for managing Alaska salmon
fisheries given its existing infrastructure and expertise. The Council
considered, but did not select, two other action alternatives that
would delegate management of the Cook Inlet EEZ to the State of Alaska,
or establish Council and NMFS management of the commercial salmon
fishery within the area. The Council did not select either of these
alternatives because the State of Alaska was
[[Page 11210]]
unwilling to accept delegation of management authority, and due to the
substantial increase in management complexity and cost without
corresponding benefits of both alternatives.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/04/21 86 FR 29977
NPRM Comment Period End............. 07/06/21
Final Action........................ 11/03/21 86 FR 60568
Final Action Effective.............. 12/03/21
-----------------------------------
Next Action Undetermined............ To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jon Kurland, Phone: 907 586-7638, Email:
[email protected].
RIN: 0648-BK31
DEPARTMENT OF COMMERCE (DOC)
National Oceanic and Atmospheric Administration (NOAA)
Completed Actions
273. Comprehensive Fishery Management Plan for Puerto Rico,
Comprehensive Fishery Management Plan for St. Croix, Comprehensive
Fishery Management Plan for St. Thomas/St. John [0648-BD32]
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 Fishery
Management Plans (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
Comment Period End.................. 08/25/20
NPRM................................ 05/19/22 87 FR 30730
NPRM Comment Period End............. 06/21/22
Final Action........................ 09/13/22 87 FR 56204
Final Action Effective.............. 10/13/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Andrew J. Strelcheck, Acting Regional
Administrator, Southeast Region, Department of Commerce, National
Oceanic and Atmospheric Administration, 263 13th Avenue South, St.
Petersburg, FL 33701, Phone: 727 824-5305, Email:
[email protected].
RIN: 0648-BD32
274. International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Treatment of U.S. Purse Seine Fishing With
Respect to U.S. Territories [0648-BF41]
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
Withdrawn........................... 09/09/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Tosatto, Regional Administrator, Pacific
Islands Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 1845 Wasp Boulevard, Building 176,
Honolulu, HI 96818, Phone: 808 725-5000, Email:
[email protected].
RIN: 0648-BF41
275. Establish National Insurance Requirements for Observer Providers
[0648-BJ33]
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................................ 11/22/21 86 FR 66259
NPRM Comment Period End............. 01/21/22
Final Action........................ 09/08/22 87 FR 54902
Final Action Effective.............. 09/08/22
------------------------------------------------------------------------
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
[[Page 11211]]
Highway, Silver Spring, MD 20910, Phone: 301 427-8100, Email:
[email protected].
RIN: 0648-BJ33
276. Implementation of Resolutions C-21-04 and C-21-06 of the Inter-
American Tropical Tuna Commission for Tropical Tuna and Silky Shark
Conservation [0648-BK84]
Legal Authority: 16 U.S.C. 951; 16 U.S.C. 952; 16 U.S.C. 953; 16
U.S.C. 954; . . .
Abstract: The Inter-American Tropical Tuna Commission (IATTC) is
expected to adopt by consensus a Resolution for Conservation Measures
for Tropical Tunas in the Eastern Pacific Ocean in October 2021. The
Resolution is binding for IATTC member nations, and under the Tuna
Conventions Act, 16 U.S.C. 951 et seq. NMFS must implement the
Resolution domestically. This proposed rule would implement the
provisions for tropical tuna for 2022 and beyond. In addition to
rolling over measures from the 2021 Resolution, this Resolution may
include an increase in purse seine closure days, changes to force
majeure provisions, updates to fish aggregating device measures. The
Resolution is intended to prevent overfishing of tropical tuna (bigeye,
yellowfin, and skipjack) in the eastern Pacific Ocean. The following
provisions that would be included in the proposed rule were also in the
regulations implemented for 2021. The rule will continue to prohibit
purse seine vessels of class sizes 4-6 (carrying capacity greater than
182 mt) from fishing for tropical tuna in the EPO for a period of at
least 72 days. The rule would continue to require a closure of the
fishery for yellowfin, bigeye, and skipjack tunas by purse-seine
vessels within the area of 96W and 110W and between 4[deg]N and 3[deg]S
from 0000 hours on 9 October to 2400 hours on 8 November. The rule
would carry over all provisions included in the Measures of the
Longline Fishery and Other Provisions section of the Resolution. As of
August 23, 2021, 17 U.S. purse seine vessels of class size 4-6 are
registered to fish in the IATTC Convention Area that would be impacted
by these measures. Owners and operators of these vessels are familiar
with these measures. In addition to sending professional
representatives and lobbyists, many personally attended the June and
August IATTC Meetings and were closely involved in briefings and
discussions with State Department and NMFS leadership and staff. The
action is necessary for the United States to satisfy its international
obligations as a Member of the IATTC. This rule is not expected to
trigger either opposition from any sector of the public or
congressional interest. This rule absorbs 0648-BK87.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/28/22 87 FR 17248
NPRM Comment Period End............. 04/27/22
Final Action........................ 07/08/22 87 FR 40731
Final Action Effective.............. 07/25/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Scott Rumsey, Acting Regional Administrator, West
Coast Region, Department of Commerce, National Oceanic and Atmospheric
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR
97232, Phone: 503 872-2791, Email: [email protected].
RIN: 0648-BK84
277. Framework Adjustment 63 to the Northeast Multispecies Fishery
Management Plan [0648-BL12]
Legal Authority: 16 U.S.C. 1801 et seq.
Abstract: The action would implement management measures included
in Framework Adjustment 63 to the Northeast Multispecies Fishery
Management Plan (Framework 63) that were developed by the New England
Fishery Management Council in response to new scientific information,
pursuant to the rulemaking authorities under section 303(c) of the
Magnuson-Stevens Fishery Conservation and Management Act. The action
would set annual specifications for fishing years (FY) 2022-2024 for
Gulf of Maine cod and Georges Bank (GB) cod, FY2022-2023 for GB
yellowtail flounder, and FY2022 for white hake, and specify FY 2022
total allowable catches (TAC) for the three U.S./Canada stocks eastern
GB cod, eastern GB haddock, and GB yellowtail flounder. It would also
adopt additional measures to promote stock rebuilding; and develop
alternatives to the current default specifications system.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/20/22 87 FR 23482
NPRM Comment Period End............. 05/05/22
Final Action........................ 07/15/22 87 FR 42375
Final Action Effective.............. 07/15/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Pentony, Regional Administrator, Greater
Atlantic Region, Department of Commerce, National Oceanic and
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA
01930, Phone: 978 281-9283, Email: [email protected].
RIN: 0648-BL12
278. Atlantic Highly Migratory Species; Rule To Modify the Retention
Limit of Shortfin Mako Sharks [0648-BL17]
Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
Abstract: Atlantic highly migratory species (HMS) fisheries are
managed under the dual authority of the Magnuson-Stevens Conservation
and Management Act and the Atlantic Tunas Convention Act (ATCA). This
proposed rule would adopt management measures implementing a 2021
International Commission for the Conservation of Atlantic Tunas (ICCAT)
recommendation prohibiting retention of North Atlantic shortfin mako
sharks caught in association with ICCAT fisheries in 2022.
Specifically, this action would propose implementing a flexible
shortfin mako shark retention limit with a default of zero in
commercial and recreational HMS fisheries. This action is being taken
pursuant to the rulemaking authority under the Magnuson-Stevens Fishery
Conservation and Management Act, section 305(d), and ATCA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 04/11/22 87 FR 21077
NPRM Comment Period End............. 05/11/22
Final Action........................ 07/01/22 87 FR 39373
Final Action Effective.............. 07/05/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kelly Denit, Director, Office of Sustainable
Fisheries, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD
20901, Phone: 301 427-8500, Email: [email protected].
RIN: 0648-BL17
279. Atlantic Large Whale Take Reduction Plan Modifications To Reduce
Serious Injury and Mortality of Large Whales in Commercial Trap/Pot
Fisheries Along the U.S. East Coast [0648-BJ09]
Legal Authority: 16 U.S.C. 1387 et seq.
Abstract: In response to recent recommendations from the Atlantic
Large Whale Take Reduction Team (TRT) to reduce the risk of North
[[Page 11212]]
Atlantic right whale entanglement in commercial trap/pot fisheries
along the U.S. East Coast, the National Marine Fisheries Service (NMFS)
intends to propose regulations to amend the Atlantic Large Whale Take
Reduction Plan (Plan).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/31/20 85 FR 86878
NPRM Comment Period End............. 03/01/21
Final Action........................ 09/17/21 86 FR 51970
Final Action Effective.............. 10/18/21
Final Action Correction............. 03/03/22 87 FR 11978
Final Action Correction Effective... 03/03/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Kim Damon-Randall, Director, Office of Protected
Resources, Department of Commerce, National Oceanic and Atmospheric
Administration, 1315 East-West Highway, Silver Spring, MD 20910, Phone:
301 427-8400, Email: [email protected].
RIN: 0648-BJ09
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Proposed Rule Stage
280. Setting and Adjusting Trademark Fees [0651-AD65]
Regulatory Plan: This entry is Seq. No. 19 in part II of this issue
of the Federal Register.
RIN: 0651-AD65
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Long-Term Actions
281. Setting and Adjusting Patent Fees [0651-AD64]
Legal Authority: Pub. L. 112-29
Abstract: The United States Patent and Trademark Office (USPTO or
Office) takes this action to set and adjust Patent fee amounts to
provide the Office with a sufficient amount of aggregate revenue to
recover its aggregate cost of operations while helping the Office
maintain a sustainable funding model, decrease patent pendency, and
improve the reliability of issued patents.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24 .......................
NPRM Comment Period End............. 04/00/24 .......................
Final Action........................ 10/00/24 .......................
Final Action Effective.............. 12/00/24 .......................
------------------------------------------------------------------------
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-AD64
DEPARTMENT OF COMMERCE (DOC)
Patent and Trademark Office (PTO)
Completed Actions
282. Changes To Implement Provisions of the Trademark Modernization Act
of 2020 [0651-AD55]
Legal Authority: 15 U.S.C. 1066; 15 U.S.C. 1067; 15 U.S.C. 1113; 15
U.S.C. 1123; 35 U.S.C. 2; Pub. L. 112-29; Pub. L. 116-260
Abstract: The United States Patent and Trademark Office (USPTO or
Office) amends the rules of practice in trademark cases to implement
provisions of the Trademark Modernization Act of 2020. The rule
establishes ex parte expungement and reexamination proceedings for
cancellation of a registration when the required use in commerce of the
registered mark has not been made; provides for a new nonuse ground for
cancellation before the Trademark Trial and Appeal Board; establishes
flexible Office action response periods; and amends the existing
letter-of-protest rule to indicate that letter-of-protest
determinations are final and non-reviewable. The USPTO also sets fees
for petitions requesting institution of ex parte expungement and
reexamination proceedings, and for requests to extend Office action
response deadlines. Amendments are also for the rules concerning the
suspension of USPTO proceedings and the rules governing attorney
recognition in trademark matters. Finally, a new rule is to address
procedures regarding court orders cancelling or affecting
registrations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/18/21 86 FR 26862
NPRM Comment Period End............. 07/19/21 .......................
Final Action........................ 11/17/21 86 FR 64300
Final Action Effective.............. 12/18/21 .......................
Correction; Delay of Effective Date. 10/13/22 87 FR 62032
Correction; Delay of Effective Date 10/07/23 .......................
Effective.
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Catherine Cain, Trademark Manual of Examining
Procedure Editor, Department of Commerce, Patent and Trademark Office,
P.O. Box 1451, Alexandria, VA 22313, Phone: 571 272-8946, Fax: 751 273-
8946, Email: [email protected].
RIN: 0651-AD55
[FR Doc. 2023-02455 Filed 2-21-23; 8:45 am]
BILLING CODE 3410-12-P
