Department of Commerce May 2023 – Federal Register Recent Federal Regulation Documents

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to SouthCoast Wind Energy, LLC (SouthCoast Wind; formerly known as Mayflower Wind Energy, LLC) to incidentally harass marine mammals during marine site characterization surveys off Massachusetts and Rhode Island.

Notice is hereby given that permits and permit amendments have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.

On May 11, 2023, the Department of Commerce, published a 30- day public comment period notice in the Federal Register with FR Document Number 2023-10040, Pages 30276-30277 seeking public comments for the information collection entitled, ``Census Household Panel.'' This document referenced incorrect information in the narrative, and Commerce hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Bureau of Land Management (BLM) for authorization to incidentally harass marine mammals during construction activities associated with Phase 2 of the Punta Gorda Lighthouse (PGL) Stabilization Project in Humboldt County, California.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given the NMFS has issued an incidental harassment authorization (IHA) to Chevron Products Company (Chevron) to incidentally harass, by Level B harassment only, marine mammals during construction activities associated with the Long Wharf Maintenance and Efficiency Project (LWMEP) in San Francisco Bay, California.

The U.S. Department of Commerce (Commerce) preliminarily determines that paper file folders from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2022, through September 30, 2022. Interested parties are invited to comment on this preliminary determination.

The U.S. Department of Commerce (Commerce) preliminarily determines that paper file folders from India are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2021, through September 30, 2022. Interested parties are invited to comment on this preliminary determination.

The Pacific Fishery Management Council (Pacific Council) will convene three Stock Assessment Review (STAR) Panel meetings to review 2023 stock assessments for copper rockfish in California, rex sole, shortspine thornyhead, black rockfish, petrale sole, and canary rockfish. The meetings will be co-hosted by the NMFS Northwest and Southwest Fisheries Science Centers. STAR panel meetings are open to the public and being conducted in person with a web broadcast that provides the opportunity for remote listening and public comment.

NMFS proposes to implement annual harvest specifications and management measures for the northern subpopulation of Pacific sardine (hereafter, Pacific sardine), for the fishing year from July 1, 2023, through June 30, 2024. The proposed action would prohibit most directed commercial fishing for Pacific sardine off the coasts of Washington, Oregon, and California. Pacific sardine harvest would be allowed only for use as live bait, in minor directed fisheries, as incidental catch in other fisheries, or as authorized under exempted fishing permits. The incidental harvest of Pacific sardine would be limited to 20 percent by weight of all fish per trip when caught with other stocks managed under the Coastal Pelagic Species Fishery Management Plan, or up to 2 metric tons per trip when caught with non-Coastal Pelagic Species stocks. The proposed annual catch limit for the 2023-2024 Pacific sardine fishing year is 3,953 metric tons. This proposed rule is intended to conserve, manage, and rebuild the Pacific sardine stock off the U.S. West Coast.

The Gulf of Mexico Fishery Management Council (Council) will hold a four-day meeting to consider actions affecting the Gulf of Mexico fisheries in the exclusive economic zone (EEZ).

The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the countervailing duty (CVD) order on certain steel racks and parts thereof from the People's Republic of China (China), covering the period of review (POR) January 1, 2020, through December 31, 2020, to correct ministerial errors.

The United States Patent and Trademark Office (USPTO or Office) previously published a notice requesting comments on the scientific and technical requirements to practice in patent matters before the USPTO. Specifically, the Office sought input on whether it should revise the scientific and technical criteria for admission to practice in patent matters to require the USPTO to periodically review certain applicant degrees on a predetermined timeframe, make certain modifications to the accreditation requirement for computer science degrees, and add clarifying instructions to the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases before the United States Patent and Trademark Office (GRB) for limited recognition applicants. The USPTO has considered the comments and, based on the support for the proposals, is implementing updates to the GRB. Expanding the admission criteria of the patent bar would encourage broader participation and keep up with the ever- evolving technology and related teachings that qualify someone to practice before the USPTO.

NMFS is implementing a 2,000-lb (907.2-kg) possession limit for Atlantic herring for Management Area 3. This is required because NMFS projects that herring catch from Area 3 will reach 98 percent of the Area's sub-annual catch limit before the end of the fishing year. This action is intended to prevent overharvest of herring in Area 3, which would result in additional catch limit reductions in a subsequent year.

The MAFMC will hold a public joint meeting (webinar) of its Mackerel, Squid, and Butterfish (MSB) Committee and Advisory Panel to consider potential alternatives for a framework adjustment to the MSB Fishery Management Plan that could implement a volumetric vessel hold baseline requirement and vessel hold upgrade restriction for Illex limited access permits.

NMFS is publishing this ANPR to alert the public of potential future adjustments the agency may make to the implementing guidelines for National Standards 4, 8, or 9, of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). Several ongoing fishing management challenges, including changes in environmental conditions, shifting distributions of fish stocks, and equity and environmental justice considerations that affect fishing communities that are currently or have been historically dependent on the resource, suggest a need to revisit the guidelines to ensure they remain appropriate for current U.S. fisheries management. The intent of this notice is to provide the public with background on some of the specific issues under consideration, seek specific input, and provide a general opportunity for comment. NMFS will take public comment into consideration when it decides whether or not to propose changes to the guidelines for National Standards 4, 8, or 9.

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management, will hold an in-person public meeting to solicit input on the performance evaluation of the Heeia National Estuarine Research Reserve. NOAA also invites the public to submit written comments.

The Mid-Atlantic Fishery Management Council has submitted the Black Sea Bass Commercial State Allocation Amendment (Amendment 23) to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). Amendment 23 proposes to establish commercial state-by-state black sea bass allocations in the Federal fishery management plan and regulations, to change the trigger for the in-season closure accountability measures, and change the state-overage payback. Amendment 23 is intended to address the allocation-related impacts of the significant changes in the distribution of black sea bass that have occurred since the original allocations were implemented.

In this advance notice of proposed rulemaking, NMFS is considering management options to modify or expand reporting requirements for Atlantic highly migratory species (HMS). All HMS reporting would require electronic submission using an online or mobile reporting application. Specific to commercial vessel reporting, NMFS is considering options for electronic submission of information required on the existing, paper logbooks, as well as a logbook requirement for owners of vessels with Atlantic Tunas General category permits, Atlantic Tunas Harpoon category permits, and/or Swordfish General Commercial permits. Specific to recreational vessel reporting, NMFS is considering a logbook requirement for owners of HMS Charter/Headboat permitted vessels, as well as expanding HMS Angling permit reporting requirements. NMFS is also considering measures to encourage reporting compliance for vessel owners with HMS open access permits. Specific to dealer reporting, NMFS is considering requiring dealers to enter certain fish individually in their dealer reporting programs and a technical change in bluefin tuna (BFT) reporting requirements. Finally, specific to the HMS Exempted Fishing Permit (EFP) Program, NMFS is considering offering an electronic reporting platform, as well as some technical changes to reporting requirements.

Under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act), NMFS issues this final rule establishing fish aggregating device (FAD) design requirements, International Maritime Organization (IMO) number requirements, and bycatch restrictions for sharks and rays. This action is necessary to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.

The United States Patent and Trademark Office (USPTO) America's Innovation Agencyseeks nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on patent policy, and for up to three members of its Trademark Public Advisory Committee (TPAC) to advise the Director on trademark policy. Each new member, who can serve remotely, will serve a three- year term starting December 1, 2023. The members represent the interests of the public and the stakeholders of the USPTO.

On April 27, 2023, the U.S. Court of International Trade (CIT) issued its final judgment in Wind Tower Trade Coalition v. United States, Court No. 20-03692, sustaining the U.S. Department of Commerce's (Commerce) final results of redetermination pertaining to the countervailing duty (CVD) investigation of utility scale wind towers (wind towers) from the Socialist Republic of Vietnam (Vietnam) covering the period of investigation January 1, 2018, through December 31, 2018. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final determination in that investigation.