Department of Commerce – Federal Register Recent Federal Regulation Documents
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List of Fisheries for 2024
NMFS is publishing its final List of Fisheries (LOF) for 2024, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2024 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based on the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as those on registration, observer coverage, and take reduction plan (TRP) requirements.
Procedures and Rules for Article 10.12 of the United States-Mexico-Canada Agreement
The Department of Commerce (Commerce) is amending a final rule that appeared in the Federal Register on January 31, 2024. This document corrects a spelling error to update and make final an interim final rule that amended its regulations pertaining to the procedures and rules related to Article 1904 of the North American Free Trade Agreement (NAFTA) with appropriate references to the United States- Mexico-Canada Agreement (USMCA), which went into effect on July 1, 2020. Article 10.12 of the USMCA, like NAFTA Article 1904, provides a dispute settlement mechanism for purposes of reviewing antidumping and countervailing duty determinations issued by the United States, Canada, and Mexico. Commerce is amending its regulations to replace references to Article 1904 of NAFTA with references to Article 10.12 of the USMCA; to update outdated cross-references to Commerce's antidumping and countervailing duty regulations; update outdated notice, filing, service, and protective order procedures; and adopt other minor corrections and updates.
Manufacturing Extension Partnership Advisory Board
The National Institute of Standards and Technology (NIST) announces that the Manufacturing Extension Partnership (MEP) Advisory Board will hold an open meeting on Tuesday, March 5-Wednesday March 6, 2024.
Polyethylene Retail Carrier Bags From Malaysia: Final Results of the Antidumping Duty Administrative Review; 2021-2022
The U.S. Department of Commerce (Commerce) determines that polyethylene retail carrier bags from Malaysia were sold in the United States at less than normal value during the period of review (POR), August 1, 2021, through July 31, 2022.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Analysis for Probabilistic and Risk Reduction Decision Support Fire Weather Services
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Petitions Related to Application and Reexamination Processing Fees
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0059, Patent Petitions Related to Application and Reexamination Processing Fees. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Space Weather Advisory Group Meeting
The Space Weather Advisory Group (SWAG) will meet for a full day on March 26, 2024.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Scallop Plan Team will meet in Alaska.
Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 88 assessment of Gulf of Mexico red grouper will consist of a series of webinars. See SUPPLEMENTARY INFORMATION.
New England Fishery Management Council; Public Meetings
The New England Fishery Management Council (Council) is conducting six scoping meetings to solicit comments regarding the rang of alternatives to consider in Amendment 10 (A10) to the Atlantic Herring Fishery Management Plan to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). The Council is proposing to take action through A10 to address spatial and temporal allocation and management of Atlantic herring at the management unit level to minimize user conflicts, contribute to optimum yield and support rebuilding of the resource. The Council is also proposing to take action to enhance river herring (alewife and blueback herring) and shad (American shad and hickory shad) avoidance and other catch reduction measures to better support ongoing coastwide restoration efforts for those species. The Council is scheduling the scoping meetings in accordance with the Magnuson-Stevens Fishery Conservation and Management Act and the National Environmental Policy Act. A summary of public comments received will be provided to the Council for formal consideration and action, if appropriate.
Endangered and Threatened Wildlife and Plants: Listing the Queen Conch as Threatened Under the Endangered Species Act (ESA)
We, NMFS, are listing the queen conch (Aliger gigas, formerly known as Strombus gigas) as a threatened species under the Endangered Species Act (ESA). We have completed a review of the status of queen conch, including efforts being made to protect the species, and considered public comments submitted on the proposed listing rule as well as new information received since the publication of the proposed rule. Based on all of this information, we have determined that the queen conch is not currently in danger of extinction throughout all or a significant portion of its range, but is likely to become so within the foreseeable future. Thus, we are listing the queen conch as a threatened species under the ESA. At this time, we conclude that critical habitat is not yet determinable because data sufficient to perform the required analysis are lacking; any critical habitat designation would be proposed in a separate, future rulemaking.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Empire Wind Project, Offshore New York
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS promulgates regulations to govern the incidental taking of marine mammals incidental to Empire Offshore Wind, LLC (Empire Wind), a 50-50 partnership between Equinor, ASA (Equinor) and BP p.l.c., during the construction of an offshore wind energy project (the Project) in Federal and State waters off of New York, specifically within the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Area (OCS-A-512) (referred to as the Lease Area) and along two export cable routes to sea-to-shore transition points (collectively, the Project Area), over the course of 5 years (February 22, 2024, through February 21, 2029). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during specific construction related activities within the Project Area during the effective dates of the regulations, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking. Upon publication of this final rule and within 30 days, NMFS will issue a LOA to Empire Wind for the effective period of the final rule.
Public Meeting of the Ocean Exploration Advisory Board
This notice sets forth the schedule and proposed agenda for a meeting of the Ocean Exploration Advisory Board (OEAB). OEAB members will discuss and provide advice on the Federal ocean exploration program, with a particular emphasis on the topics identified in the section on Matters To Be Considered.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Greater Atlantic Region Vessel Identification Requirements
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020-2021
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of certain metal lockers and parts thereof (metal lockers) from the People's Republic of China (China). The period of review (POR) is December 14, 2020, through December 31, 2021.
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Final Results and Final Determination of No Shipments of Antidumping Duty Administrative Review; 2022-2023
The U.S. Department of Commerce (Commerce) determines that no companies under review qualify for a separate rate, and that these companies are, therefore, considered part of the Socialist Republic of Vietnam (Vietnam)-wide entity. Additionally, Commerce determines that certain companies had no shipments of subject merchandise during the period of review (POR), February 1, 2022, through January 31, 2023.
South Atlantic Fishery Management Council; Public Meetings
The South Atlantic Fishery Management Council (Council) will hold meetings of the following: Mackerel Cobia Committee, Southeast Data, Assessment and Review (SEDAR) Committee, and Snapper Grouper Committee. The meeting week will also include a formal public comment session and meetings of the Full Council.
Brass Rod From India: Countervailing Duty Order
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing a countervailing duty order on brass rod from India.
Finished Carbon Steel Flanges From India: Final Results of Antidumping Duty Administrative Review; 2021-2022; Correction
The U.S. Department of Commerce (Commerce) published notice in the Federal Register of December 22, 2023 in which Commerce announced the final results of the 2021-2022 administrative review of the antidumping duty (AD) order on finished carbon steel flanges from India. This notice contained an appendix that included an incorrect list of companies not selected for individual examination.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Southeast Region Individual Fishing Quota Programs
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Certain Pea Protein From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
The U.S. Department of Commerce (Commerce) preliminarily determines that certain pea protein (pea protein) from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2023, through June 30, 2023. Interested parties are invited to comment on this preliminary determination.
Pacific Fishery Management Council; Public Meetings and Hearings
The Pacific Fishery Management Council (Pacific Council) has begun its annual preseason management process for the 2024 ocean salmon fisheries. This document announces the anticipated dates and locations of upcoming Pacific Council meetings and public hearings hosted by the Pacific Council. See SUPPLEMENTARY INFORMATION for more information.
Truck and Bus Tires From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review in Part, 2022
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of truck and bus tires from the People's Republic of China (China), during the period of review (POR) from January 1, 2022, through December 31, 2022. In addition, Commerce is rescinding the review, in part, with respect to 15 companies. Interested parties are invited to comment on these preliminary results.
Aluminum Foil From the Republic of Armenia: Initiation of Antidumping Duty Changed Circumstances Review
The U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on aluminum foil from the Republic of Armenia (Armenia) to examine whether Armenia remains a non-market economy (NME) country for purposes of the application of the AD law.
Emulsion Styrene-Butadiene Rubber from Mexico: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission; 2021-2022
The U.S. Department of Commerce (Commerce) determines that Industrias Negromex S.A. de C.V. (Negromex) did not make sales of emulsion styrene-butadiene rubber (ESB rubber) from Mexico at less than normal value during the period of review (POR), September 1, 2021, through August 31, 2022. Commerce also determines that Dynasol Elastomeros, S.A. de C.V. (Dynasol Elastomeros) had no shipments during the POR. Additionally, we are rescinding this review with respect to Dynasol LLC (Dynasol).
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Southern Area Trophy Fishery for 2024
NMFS closes the Angling category southern area fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches (185 centimeters (cm)) curved fork length or greater)) Atlantic bluefin tuna (BFT). The southern area trophy fishery is defined as south of 39[deg]18' N lat., and outside of the Gulf of Mexico. This action applies to Highly Migratory Species (HMS) Angling and HMS Charter/ Headboat permitted vessels when fishing recreationally.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2024 total allowable catch (TAC) of Pacific cod by vessels using pot gear in the Central Regulatory Area of the GOA.
Inventorship Guidance for AI-Assisted Inventions
Pursuant to the ``Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence'' (October 30, 2023), the United States Patent and Trademark Office (USPTO or Office) is issuing inventorship guidance for inventions assisted by artificial intelligence (AI). The guidance provides clarity for USPTO stakeholders and personnel, including the Central Reexamination Unit and the Patent Trial and Appeal Board (PTAB or Board), on how the USPTO will analyze inventorship issues as AI systems, including generative AI, play a greater role in the innovation process. This guidance explains that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity. Patent protection may be sought for inventions for which a natural person provided a significant contribution to the invention, and the guidance provides procedures for determining the same. Finally, the guidance discusses the impact these procedures have on other aspects of patent practice. The USPTO is seeking public comments on this inventorship guidance for AI-assisted inventions.
Gas Powered Pressure Washers From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders
Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC), Commerce is issuing antidumping duty (AD) and countervailing duty (CVD) orders on gas powered pressure washers (pressure washers) from People's Republic of China (China).
Fisheries of the Northeastern United States; Framework Adjustment 38 to the Atlantic Sea Scallop Fishery Management Plan
NMFS proposes to approve and implement Framework Adjustment 38 to the Atlantic Sea Scallop Fishery Management Plan (FMP) that establishes scallop specifications and other management measures for fishing years 2024 and 2025. Framework 38 would implement measures to protect small scallops to support rotational access area trips to the fleet in future years. This action would also revise regulatory text that is unnecessary, outdated, or unclear. This action is necessary to prevent overfishing and improve both yield-per-recruit and the overall management of the Atlantic sea scallop resource.
Marine Mammals and Endangered Species
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.
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approved Monitoring Service Providers
NMFS has approved nine companies to provide Northeast multispecies sector at-sea catch monitoring (ASM) and/or electronic catch monitoring (EM) services in fishing year 2024. Regulations implementing the Northeast Multispecies Fishery Management Plan require ASM and EM companies to meet service provider performance standards to be approved by NMFS to provide catch monitoring services to sectors. This action approves service providers that sectors may contract with for catch monitoring services for fishing year 2024.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From North Carolina to Virginia
NMFS announces that the State of North Carolina is transferring a portion of its 2024 commercial summer flounder quota to the Commonwealth of Virginia. This adjustment to the 2024 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) quota transfer provisions. This announcement informs the public of the revised 2024 commercial quotas for North Carolina and Virginia.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Highly Migratory Species Advisory Subpanel (HMSAS) is holding an online meeting.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public webinar of its Risk Policy Working Group to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). This meeting will be held in-person with a webinar option. Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
Pacific Fishery Management Council; Public Meetings
The Pacific Fishery Management Council's (Pacific Council) Coastal Pelagic Species Management Team (CPSMT) and Coastal Pelagic Species Advisory Subpanel (CPSAS) will hold public meetings.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Highly Migratory Species Management Team (HMSMT) is holding an online meeting.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; NMFS Observer Programs' Information That Can Be Gathered Only Through Questions; Correction
On December 19, 2023, the Department of Commerce, published a 30-day public comment period notice in the Federal Register for an information collection entitled ``NMFS Observer Programs' Information That can be Gathered Only Through Questions.'' This document referenced incomplete information in the Needs and Uses section, and Commerce hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.
Pacific Halibut Fisheries of the West Coast; 2024 Catch Sharing Plan and Recreational Fishery Management Measures
NMFS proposes to approve changes to the Pacific Halibut Catch Sharing Plan for the International Pacific Halibut Commission's regulatory Area 2A off Washington, Oregon, and California. In addition, NMFS proposes to implement new management measures for the 2024 recreational fisheries in Area 2A that are not implemented through the International Pacific Halibut Commission (IPHC). These measures include the recreational fishery seasons and subarea allocations for Area 2A. This action would also add a new inseason management provision to transfer anticipated uncaught recreational fishery allocation between states. Additionally, this action proposes to establish a new management line at Point Arena, CA, creating two subareas with separate allocations off California. These actions are intended to conserve Pacific halibut and provide angler opportunity where available.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Solicitations of Outside Advisors Information Collection Request (ICR)
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Pacific Island Fisheries; Standardized Bycatch Reporting Methodologies
NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the five fishery ecosystem plans (FEP) for fisheries in the Pacific Islands Region. If approved, the FEPs would be amended to update data collection mechanisms identified as standardized bycatch reporting methodologies (SBRM) as needed, and revise descriptions of SBRM for consistency with current NMFS regulations. The proposed action considers the best available scientific, commercial, and other information about the fisheries, and supports the long-term sustainability of fishery resources.
Certain Metal Lockers and Parts Thereof From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2021-2022
The U.S. Department of Commerce (Commerce) finds that Zhejiang Xingyi Metal Products Co., Ltd. (ZXM)/Xingyi Metalworking Technology (Zhejiang) Co., Ltd. (XMT) (collectively, ZXM/XMT) and Hangzhou Evernew Machinery & Equipment Company Limited/Zhejiang Yinghong Metalworks Co., Ltd. (Hangzhou Evernew) made sales of certain metal lockers and parts thereof (metal lockers) from the People's Republic of China (China) during the period of review (POR), February 11, 2021, through July 31, 2022.
Fall 2023 Semiannual Agenda of Regulations
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 2023 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 2023 regulatory agenda includes regulatory activities that are expected to be conducted during the period November 1, 2023, through October 31, 2024.
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