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 2011 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 (Department), in the spring and fall of 

each year, publishes in the Federal Register an agenda of regulations under development or review over the 

next 12 months. Rulemaking actions are grouped according to prerulemaking, proposed rules, final rules, 

long-term actions, and rulemaking actions completed since the spring 2011 agenda. The purpose of the 

agenda is to provide information to the public on regulations that are currently under review, being proposed, 

Regulations.gov Friday, January 20, 2012 Unified Agenda

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or issued by the Department. The agenda is intended to facilitate comments and views by interested 

members of the public. 

 The Department’s fall 2011 regulatory agenda includes regulatory activities that are expected to be 

conducted during the period October 1, 2011 through September 30, 2012. 

FOR FURTHER INFORMATION CONTACT:

 Specific: For additional information about specific regulatory actions listed in the agenda, contact the 

individual identified as the contact person. 

 General: Comments or inquiries of a general nature about the agenda should be directed to Asha Mathew, 

Chief Counsel for Regulation, Office of the Assistant General Counsel for Legislation and Regulation, U.S. 

Department of Commerce, Washington, DC 20230, telephone: 202-482-3151. 

SUPPLEMENTARY INFORMATION: The Department hereby publishes its fall 2011 Unified Agenda of 

Federal Regulatory and Deregulatory Actions pursuant to Executive Order 12866 and the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq. Executive Order 12866 requires agencies to publish an agenda of those 

regulations that are under consideration pursuant to this order. By memorandum of June 30, 2011, the Office 

of Management and Budget issued guidelines and procedures for the preparation and publication of the fall 

2011 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, and a list that identifies those 

entries that have been selected for periodic review under section 610 of the Regulatory Flexibility Act. 

 In this edition of the Department’s regulatory agenda, a list of the most important significant regulatory 

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. 

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 In addition, beginning with the fall 2007 edition, the Internet became the basic means for disseminating the 

Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov, in a format that offers 

users a greatly enhanced ability to obtain information from the Agenda database. 

 Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by 

the Regulatory Flexibility Act, the Department’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, the Department’s entire Regulatory Plan 

will continue to be printed in the Federal Register. 

 Within the Department, the Office of the Secretary and various operating units may issue regulations. 

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 the Department’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. 

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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. Fishery Management Plans (FMPs) are to be prepared for fisheries that 

require conservation and management measures. Regulations implementing these FMPs regulate domestic 

fishing and foreign fishing where permitted. Foreign fishing may be conducted in a fishery in which there is no 

FMP only if a preliminary fishery management plan has been issued to govern that foreign fishing. Under the 

Act, eight Regional Fishery Management Councils (Councils) prepare FMPs or amendments to FMPs for 

fisheries within their respective areas. In the development of such plans or amendments and their 

implementing regulations, the Councils are required by law to conduct public hearings on the draft plans and 

to consider the use of alternative means of regulating. 

 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. 

The Department’s fall 2011 regulatory agenda follows. 

NAME: Cameron F. Kerry,

General Counsel. 

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The 328 Regulatory Agendas

General Administration - Final Rule

Title

Regulation 

Identifier 

Number

Guidance for Drug-Free Workplace Requirements (Financial Assistance) 0605-AA28

General Administration - Completed Action

Title

Regulation 

Identifier 

Number

Disclosure of Government Information 0605-AA29

Bureau of the Census - Final Rule

Title

Regulation 

Identifier 

Number

Foreign Trade Regulations (FTR): Mandatory Automated Export System Filing for All Shipments Requiring Shipper's

Export Declaration Information; Substantive Changes and Corrections 0607-AA50

Bureau of the Census - Completed Action

Title

Regulation 

Identifier 

Number

Cutoff Dates for Recognition of Boundary Changes for Census 2000 and for the Intercensal Period 0607-AA35

Establishment of the 2010 Census Redistricting Program 0607-AA42

Procedure for Requesting a Population Estimates Review and Update 0607-AA46

Economic Development Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Revisions to EDA's Regulations 0610-AA66

International Trade Administration - Final Rule

Title

Regulation 

Identifier 

Number

Procedures for Conducting 5-Year (Sunset) Reviews of Antidumping and Countervailing Duty Orders 0625-AA51

Amendment to Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty

Proceedings 0625-AA66

Canadian Softwood Lumber Import Licensing System 0625-AA76

Withdrawal of Regulation Governing Treatment of Tollers and Subcontractors in Antidumping Duty Determinations 0625-AA77

Withdrawal of Regulation Governing Targeted Dumping in Antidumping Duty Investigations 0625-AA79

Foreign-Trade Zones in the United States 0625-AA81

Modification to Regulation Concerning the Revocation of Antidumping and Countervailing Duty Orders 0625-AA86

Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain

Antidumping Duty Proceedings 0625-AA87

Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in

Antidumping and Countervailing Duty Investigations 0625-AA88

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International Trade Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Commercial Availability of Fabric and Yarn 0625-AA59

International Trade Administration - Completed Action

Title

Regulation 

Identifier 

Number

Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; APO Procedures 0625-AA84

National Oceanic and Atmospheric Administration - PreRule

Title

Regulation 

Identifier 

Number

Requirements for Importation of Fish and Fish Product Under the U.S. Marine Mammal Protection Act 0648-AY15

Revision of the National Standard 10 Guidelines 0648-BA74

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed

Array Sensor System Low Frequency Active Sonar 0648-BB14

Amendment 97 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Island Management

Area 0648-BB18

National Oceanic and Atmospheric Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico 0648-AS65

American Lobster Fishery; Fishing Effort Control Measures To Complement Interstate Lobster Management

Recommendations by the Atlantic States Marine Fisheries Commission 0648-AT31

Reducing Disturbances to Hawaiian Spinner Dolphins From Human Interactions 0648-AU02

Potential Revisions to the Turtle Excluder Device Requirements 0648-AV04

High Seas Fishing Compliance Act; Amendment of Regulations 0648-AV12

Collection and Use of Tax Identification Numbers From Holders of and Applicants for National Marine Fisheries Service

Permits 0648-AV76

Confidentiality of Information 0648-AV81

Marine Mammal Protection Act Permit Regulation Revisions 0648-AV82

Regulatory Review and Update of National Marine Sanctuary Program Regulations 0648-AV85

Modification to the Geographic Boundaries of the Northwestern Hawaiian Islands Bottomfish Management Subarea 0648-AW00

Measures To Limit Fishing in the Northwestern Hawaiian Islands 0648-AW01

Marine Mammal Protection Act Stranding Regulation Revisions 0648-AW22

Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 16 to the Pelagics Fishery Management

Plan; Framework Process 0648-AW35

Capital Construction Fund; Fishing Vessel Capital Construction Fund Procedures 0648-AW57

Changes to the Coastal Zone Management Act Program Change Procedures 0648-AW74

Amendment 4 to the Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Caribbean Amendment 0648-AW83

Take and Import of Marine Mammals: Take of Marine Mammals Incidental to Operations of a Liquefied Natural Gas

Port Facility in Massachusetts Bay 0648-AW89

Marine Mammal Protection Act; Petition To Ban Importation of Commercial Fish or Fish Products Caught With

Commercial Fishing Technology That Has Marine Mammal Bycatch 0648-AX36

Trade Monitoring Procedures for Fishery Products 0648-AX63

Revisions to Permit Regulations in the Groundfish, Crab, and Halibut Fisheries in the Exclusive Economic Zone Off

Alaska 0648-AX78

Fisheries Off West Coast States and in the Western Pacific; Klamath River Fall Chinook Salmon Rebuilding Plan 0648-AY06

Amendment 3 to the Spiny Dogfish Fishery Management Plan 0648-AY12

Generic Amendment for Annual Catch Limits 0648-AY22

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Fisheries in the Western Pacific; Pelagic Fisheries; American Samoa Longline Limited Entry Permits 0648-AY24

Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan 0648-AY26

Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Fishing With Fish Aggregation Devices 0648-AY36

Fisheries in the Western Pacific; Pelagic Fisheries; Territorial Longline Bigeye Tuna Catch Limit and Allocation 0648-AY46

Amendment 5 to the Atlantic Herring Fishery Management Plan 0648-AY47

Designation of Critical Habitat for the North Atlantic Right Whale 0648-AY54

Amendment 2 to the FMP for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 5

to the Reef Fish FMP of Puerto Rico and the U.S. Virgin Islands 0648-AY55

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 32 0648-AY56

Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries 0648-AY61

Amendment 10 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic 0648-AY72

Comprehensive Annual Catch Limits Amendment to the Fishery Management Plan for the Snapper-Grouper Fishery of

the South Atlantic Region 0648-AY73

Amendment 20 to the Snapper-Grouper Fishery Management Plan of the South Atlantic Region 0648-AY74

Monterey Bay National Marine Sanctuaries Amendments and Corrections 0648-AY76

Amendment To Recover the Administrative Costs of Processing Permit Applications 0648-AY81

Licensing of Private Land Remote-Sensing Space Systems 0648-BA15

Flower Garden Banks National Marine Sanctuary Boundary Expansion 0648-BA21

Fagatele Bay National Marine Sanctuary Boundary Expansion 0648-BA24

Amendment to Regulations Under the Bottlenose Dolphin Take Reduction Plan 0648-BA34

National Appeals Office Rules of Procedure 0648-BA36

Implementation of the Inter-American Tropical Tuna Commission Resolution Establishing a Program for Transshipments

by Large-Scale Tuna Longline Fishing Vessels in the Eastern Pacific Ocean 0648-BA41

Revision to the Maximum Retainable Amounts of Groundfish in the Arrowtooth Flounder Fishery in the Bering Sea and

Aleutian Islands Management Area 0648-BA43

Amendment 6 to the Monkfish Fishery Management Plan 0648-BA50

Amendment 24 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region 0648-BA52

Amendment 22 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region 0648-BA53

Fisheries Off West Coast States; Amendment 16 to the Salmon Fishery Management Plan 0648-BA55

Federal American Lobster Area 1 Trap Fishery Limited Access Program 0648-BA56

Amendment 21 to the Snapper-Grouper Fishery Management Plan of the South Atlantic Region 0648-BA59

Amendment 5 to the Golden Crab Fishery Management Plan of the South Atlantic 0648-BA60

Amendment 31 to the Fishery Management Plan for the Bering Sea and Aleutian Islands King and Tanner Crabs 0648-BA61

Comprehensive Annual Catch Limit Amendment for the U.S. Caribbean for Fisheries Not Undergoing Overfishing 0648-BA62

Implement Recommendations Adopted by the Inter-American Tropical Tuna Commission 0648-BA66

Takes of Marine Mammals Incidental to Specified Activities; Construction of the Knik Arm Crossing, Cook Inlet, Alaska 0648-BA73

Interim Policy Interpreting the Phrase 'Significant Portion of Its Range' in the Endangered Species Act's Definitions 0648-BA78

Amendment 41 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs 0648-BA82

Western and Central Pacific Fisheries for Highly Migratory Species; Restrictions on Fishing in Proximity to Data Buoys 0648-BA84

Western and Central Pacific Fisheries for Highly Migratory Species; Requirements for Transshipping and Bunkering,

Notification of Entry and Exit Into High Seas Special Management Area, and Discards 0648-BA85

Modification of Swordfish Retention Limits for the West Coast Deep-Set Tuna Longline Fishery Under Authority of the

Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species 0648-BA87

Regulatory Amendments To Implement the Shark Conservation Act and Revise the Definition of Illegal, Unreported, and

Unregulated Fishing 0648-BA89

Removal of Requirements for the Groundfish Retention Standard (GRS) Program in the BSAI 0648-BA93

Fisheries in the Western Pacific; Fishery Management in Three Marine National Monuments 0648-BA98

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied

Natural Gas Deepwater Port in the Gulf of Mexico 0648-BB00

Modifications Marine Mammal Protection Regulations Governing U.S. Navy Training To Allow for Multiyear Letters of

Authorizations 0648-BB01

Implement the 2010 Shark Conservation Act Provisions and Other Regulations in the Atlantic Smoothhound Shark

Fishery 0648-BB02

To Establish a Voluntary Fishing Capacity Reduction Program in the Longline Catcher Processor Subsector of the

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Bering Sea and Aleutian Islands Management Area Non-Pollock Groundfish Fishery 0648-BB06

Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest Estimates 2011 to 2013 0648-BB09

Amendment 11 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region 0648-BB10

Fishing Vessel, Fishing Facility, and Individual Fishing Quota Lending Program Regulations 0648-BB11

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Columbia River Crossing Project,

Washington and Oregon 0648-BB16

Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Cost Recovery

Program 0648-BB17

North American Right Whales; Continuation of Vessel Speed Restrictions To Reduce Right Whale Deaths From Ship

Strikes 0648-BB20

Regulatory Amendment to the Gulf of Mexico Reef Fish Fishery Management Plan To Increase the Total Allowable

Catch for Red Grouper 0648-BB22

Highly Migratory Species Fishing Vessel Notification Requirements for Carrying Observers 0648-BB23

Amendment 93 To Implement Chinook Salmon Prohibited Species Catch Limits in the Gulf of Alaska Pollock Fishery 0648-BB24

Implementation of Comprehensive Ecosystem Based Amendment 2 0648-BB26

Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2012

Specifications and Management Measures and FMP Amendment 16-5 0648-BB27

2012 Specifications and Management Measures for the Atlantic Mackerel, Squid, and Butterfish Fishery Management

Plan 0648-BB28

Atlantic Highly Migratory Species; Atlantic Shark Management Measures 0648-BB29

Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget

Sound Steelhead 0648-BB30

Amendment 18 to the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and

Atlantic Region 0648-BB33

Amendment 17 to the Northeast Multispecies Fishery Management Plan 0648-BB34

Rule To Create an Exempted Fishery for the Southern New England Skate Bait Fishery 0648-BB35

Atlantic Highly Migratory Species; 2012 Atlantic Shark Quota Specifications 0648-BB36

Amendment and Updates to the Bottlenose Dolphin Take Reduction Plan 0648-BB37

Taking Marine Mammals Incidental To Conducting Geological and Geophysical Exploration of Mineral and Energy

Resources on the Outer Continental Shelf in the Gulf of Mexico 0648-BB38

Secretarial Amendment to Northeast Multispecies Fishery Management Plan to Establish ACLs and AMs for the Small

Mesh Fishery 0648-BB39

Changes to Vessel Replacement and Upgrade Provisions for Fishing Vessels Issued Northeast Limited Access Federal

Fishery Permits 0648-BB40

12-Month Finding on Petitions To Remove the Eastern Distinct Population Segment of the Steller Sea Lion From the

Federal List of Endangered and Threatened Wildlife; De-list 0648-BB41

Alaska Groundfish Observer Program Restructuring 0648-BB42

Amendment 11 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic 0648-BB44

Fisheries in the Western Pacific; Changes to American Samoa Large Vessel Prohibited Areas 0648-BB45

Framework 23 to the Atlantic Sea Scallop Fishery Management Plan 0648-BB51

National Oceanic and Atmospheric Administration - Final Rule

Title

Regulation 

Identifier 

Number

Resource Agency Hearings and Alternatives Development Procedures in Hydropower Licenses 0648-AU01

Amending Regulations for the Pacific Halibut, Sablefish, and Pollock Fisheries Conducted Under the Western Alaska

Community Development Quota (CDQ) Program 0648-AV33

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Environmental Review

Procedure 0648-AV53

Research-Only Area in the Gray's Reef National Marine Sanctuary 0648-AV88

Magnuson-Stevens Fishery Conservation and Management Act Provisions and Interjurisdictional Fisheries Act Disaster

Assistance Programs 0648-AW38

Scientific and Statistical Committees; Peer Review; National Standard Guidelines 0648-AW62

Allowable Modifications to the Turtle Excluder Device Requirements 0648-AW93

Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan 0648-AX05

Revision of Critical Habitat Designation for the Endangered Leatherback Sea Turtle 0648-AX06

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Taking and Importing Marine Mammals; U.S. Naval Undersea Warfare Center Keyport Range Complex Extension

Mission Activities 0648-AX11

Taking and Importing of Marine Mammals; Takes of Marine Mammals Incidental to Specified Activities; Consolidation of

Regulations 0648-AX27

Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Arbitration

Regulations 0648-AX47

Changes to National Marine Sanctuary Regulations on Overflights 0648-AX79

Gulf of the Farallones and Monterey Bay National Marine Sanctuaries Regulations on Introduced Species 0648-AX83

Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fishery 0648-AX85

Revoke Inactive Quota Share and Annual Individual Fishing Quota From a Holder of Quota Share Under the Pacific

Halibut and Sablefish Fixed Gear Individual Fishing Quota Program 0648-AX91

Revisions to eLandings Regulations 0648-AX97

Consolidation of Tables and Figures Related To Implementing Amendment 89 to the Fishery Management Plan for the

Groundfish of the Bering Sea and Aleutian Islands Management Area 0648-AY18

Flower Garden Banks National Marine Sanctuary Regulations 0648-AY35

Addendum IV to the Weakfish Interstate Management Plan--Bycatch Trip Limit 0648-AY41

Endangered Species Act Listing of Nine Distinct Population Segments of Loggerhead Sea Turtles as Endangered or

Threatened 0648-AY49

Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Allocations in the Gulf of Alaska; Amendment 83 0648-AY53

Designating Critical Habitat for the Endangered Black Abalone 0648-AY62

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Operation of Offshore Oil and Gas

Facilities in the U.S. Beaufort Sea 0648-AY63

Taking and Importing Marine Mammals; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air

Force Base, Florida 0648-AY64

Amendment to Limit Bering Sea and Aleutian Islands (BSAI) Fixed Gear Catcher Processors Fishing for Pacific Cod in

State of Alaska Parallel Waters 0648-AY65

Amendment To Correct and Clarify Amendment 16 and Subsequent Frameworks of the Northeast Multispecies Fisheries

Management Plan 0648-AY95

4(d) Protective Regulations for the Gulf of Maine Distinct Population Segment of Atlantic Sturgeon 0648-AY96

Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery 0648-BA13

Amendment 93 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management

Area 0648-BA18

Olympic Coast National Marine Sanctuary Regulations Revisions 0648-BA20

Amendment 3 to the Atlantic Deep-Sea Red Crab Fishery Management Plan 0648-BA22

Omnibus Amendment to the Mid-Atlantic Fishery Management Plans To Implement Annual Catch Limits and

Accountability Measures 0648-BA23

Framework Adjustment 45 to the Northeast Multispecies Fishery Management Plan 0648-BA27

False Killer Whale Take Reduction Plan 0648-BA30

Revised Aleutian Islands Steller Sea Lion Protection Measures for the Groundfish Fisheries 0648-BA31

Amendment 2 of the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species 0648-BA35

Regulatory Amendment To Implement a Halibut Catch Sharing Plan for International Pacific Halibut Commission Area

2C and Area 3A 0648-BA37

Endangered and Threatened Species, Designation of Critical Habitat for Southern Distinct Population Segment of

Eulachon 0648-BA38

Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Partial Release of

Groundfish Quota for the Start of the 2011 Fishery 0648-BA40

Modification of Regulations Governing the Retention of Incidentally Caught Highly Migratory Species in Atlantic Trawl

Fisheries 0648-BA45

Framework Adjustment 7 to the Monkfish Fishery Management Plan 0648-BA46

Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region 0648-BA47

Fisheries in the Eastern Pacific Ocean; Pelagic Fisheries; Vessel Identification Requirements 0648-BA49

Atlantic Highly Migratory Species; Vessel Monitoring Systems 0648-BA64

Taking and Importing Marine Mammals: U.S. Navy Training; U.S. Navy Training in the Southern California Range

Complex; and U.S. Navy's Atlantic Fleet Active Training 0648-BA67

Amendment 13 to the Coastal Pelagic Species Fishery Management Plan 0648-BA68

Atlantic Highly Migratory Species; Implementing International Convention for the Conservation of Atlantic Tunas

Recommendations on Sharks 0648-BA69

Amendment 15 to the Atlantic Sea Scallop Fishery Management Plan 0648-BA71

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Framework Adjustment 22 to the Scallop Fishery Management Plan 0648-BA72

Atlantic Highly Migratory Species Electronic Dealer Reporting Requirements 0648-BA75

List of Fisheries for 2012 0648-BA76

Revised Implementing Regulations for Requirements To Publish Textual Descriptions of Boundaries of Critical Habitat 0648-BA77

Bering Sea Chinook Salmon Economic Data Reporting Program 0648-BA80

Revision of Hawaiian Monk Seal Critical Habitat 0648-BA81

Atlantic Highly Migratory Species; North and South Atlantic 2011 Commercial Swordfish Quotas 0648-BA90

2011 Gulf of Mexico Gag Recreational and Commercial Management Measures 0648-BA94

Central Gulf of Alaska Rockfish Program Fishery Management Plan GOA 88 0648-BA97

Taking and Importing Marine Mammals: U.S. Navy Training in the Virginia Capes Range Complex and Jacksonville

Range Complex 0648-BB03

Endangered and Threatened Species: Designation of a Nonessential Experimental Population for Middle Columbia River

Steelhead Above the Pelton Round Butte Hydroelectric Project in the Deschutes River 0648-BB04

Emergency Action To Close the Nantucket Lightship Access Area Under the Atlantic Sea Scallop Fishery Management

Plan 0648-BB05

Repeal of the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico 0648-BB07

Implement Framework Adjustment 46 to the Northeast Multispecies Fishery Management Plan 0648-BB08

Emergency Rule To Increase the Commercial and Recreational Quotas for Red Snapper in the Gulf of Mexico 0648-BB12

Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Program

Improvement and Enhancement 0648-BB13

Supplement Amendment 26 and Amendment 29 to the Reef Fish Fishery Management Plan (FMP) of the Gulf of

Mexico 0648-BB15

Technical Amendment; Updates to Titles of Officials, Office Names, and References 0648-BB25

Emergency Rule to Increase the 2011 Catch Limits for the Northeast Skate Complex 0648-BB32

Rule To Delay the Effective Date of Atlantic Smoothhound Management Measures 0648-BB43

National Oceanic and Atmospheric Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Emergency Rule To Close a Portion of Federal Waters in the Gulf of Mexico in Response to the Deepwater Horizon Oil

Spill 0648-AY87

Emergency Action To Close Portions of Federal Waters in the Gulf of Mexico to Fishing Activities in Response to the

Deepwater Horizon Oil Spill 0648-AY90

Atlantic Highly Migratory Species; Future of the Atlantic Shark Fishery 0648-BA17

National Oceanic and Atmospheric Administration - Completed Action

Title

Regulation 

Identifier 

Number

Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a

Captive Marine Mammal Inventory 0648-AH26

Effort Limitation for United States Commercial Fishing Vessels Targeting North Pacific Albacore Tuna 0648-AU74

Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine

Mammal Protection Act 0648-AV15

Regulations on Conducting Interagency Consultation Pursuant to the National Marine Sanctuaries 0648-AV89

Western Pacific Pelagic Fisheries; Purse Seine Prohibited Areas Around American Samoa 0648-AW66

Western Pacific Pelagic Fisheries; Prohibiting Longline Fishing Within 30 nm of the Northern Mariana Islands 0648-AW67

Amendment 4 to the Atlantic Herring Fishery Management Plan 0648-AW75

Correction and Clarification to Amendment 13 and Subsequent Frameworks of the Northeast Multispecies Fishery

Management Plan 0648-AW95

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied

Natural Gas Facility Off Massachusetts 0648-AX09

Revision of Shoreside Processor and Stationary Floating Crab Processor Crab Economic Data Reports (EDRs) 0648-AX48

Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act 0648-AX50

Marianas Trench Marine National Monument, Pacific Remote Islands Marine National Monument, Rose Atoll Marine

National Monument 0648-AX64

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Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 5 0648-AX70

Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Training Operations

Conducted Within the Gulf of Mexico Range Complex 0648-AX86

Implementation of Compatible Regulations With U.S. Virgin Islands Territorial Waters 0648-AY03

Fisheries in the Western Pacific; Pelagic Fisheries; American Samoa Longline Gear Requirements 0648-AY27

Amendment 34 to the Fishery Management Plan for the Bering Sea/Aleutian Islands King and Tanner Crabs 0648-AY33

Fisheries in the Western Pacific; Mechanism for Specifying Annual Catch Limits and Accountability Measures 0648-AY93

Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011 to 2012 Biennial Specifications and

Management Measures; FMP Amendment 16-5 and FMP Amendment 23 0648-BA01

Interim Rule To Set the 2010 Commercial Gag Quota, Set the Recreational Harvest, and Reduce or Rescind the Use of

Multi-Use Individual Fishing Quota Allocation 0648-BA02

Emergency Rule To Reopen the Recreational Red Snapper Season in the Gulf of Mexico 0648-BA06

Amendment 37 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs 0648-BA11

Taking Marine Mammals Incidental to U.S. Navy Training Exercises in the Gulf of Alaska Temporary Maritime Activities

Area 0648-BA14

2011 Atlantic Bluefish Specifications 0648-BA26

Tilefish Cost Recovery Regulatory Amendment 0648-BA42

Implementation of a Recreational Seasonal Closure for Greater Amberjack; Regulatory Framework Action to the Fishery

Management Plan for Reef Fish Resources of the Gulf of Mexico (FMP) 0648-BA48

Amendment 10 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region 0648-BA51

Amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico To Set Total Allowable

Catch for Red Snapper 0648-BA54

Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quotas and Atlantic Tuna Fisheries Management Measures 0648-BA65

Amendment 9 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region 0648-BA70

Catch Reporting Requirements in the Atlantic Herring Fishery 0648-BA79

Revise Butterfish Specifications 0648-BA86

Framework Adjustment 1 to the Northeast Skate Complex FMP 0648-BA91

2011 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures and Scup Specification

Increase (Increased 2011 Total Allowable Landings) 0648-BA92

Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011 Tribal Fishery for Pacific Whiting 0648-BA95

Interpretive Rule for Charter Halibut Limited-Access Program Regulations in Alaska 0648-BA96

Interpretive Rule for Charter Halibut Limited-Access Program Regulations in Alaska 0648-BA99

Control Date for the Commercial Wreckfish Fishery of the South Atlantic Region 0648-BB19

Pacific Coast Groundfish; Inseason Action 0648-BB21

Pacific Coast Groundfish Trawl Rationalization Program, Correcting Amendment 0648-BB31

Emergency Rule To Suspend Some Regulatory Requirements of the Groundfish Retention Standard Program in the

Bering Sea and Aleutian Island Management Area 0648-BB46

Patent and Trademark Office - Proposed Rule

Title

Regulation 

Identifier 

Number

Changes to Implement Electronic Patent Publication 0651-AC19

Revision of Fees for Application for Registration and for Registration 0651-AC32

Changes to Rules of Practice Before the Trademark Trial and Appeal Board 0651-AC35

Sound Marks 0651-AC40

Revival and Reinstatement of Abandoned Applications 0651-AC41

Changes To Streamline the Electronic Priority Document Exchange Program 0651-AC45

Changes to Information Disclosure Statement Practice Regarding Timeliness Statement and Submission of Copies 0651-AC47

Changes to Implement Optional Pre-Appeal Brief Procedures for Patent Applications 0651-AC48

Changes to Examination Fees and Implementation of Alternatives to the Request for Continued Examination 0651-AC53

Revision of United States Patent Fees for Fiscal Year 2013 0651-AC54

Adjustment of United States Patent and Trademark Office Patent Fees for Fiscal Year 2013 0651-AC55

Changes To Implement the 30-Month Docketing Delay Track (Track III) of the Enhanced Examination Timing Control

Regulations.gov Friday, January 20, 2012 Unified Agenda

11
Procedures 0651-AC57

Patent and Trademark Office - Final Rule

Title

Regulation 

Identifier 

Number

Changes to Representation of Others Before the U.S. Patent and Trademark Office 0651-AB55

Changes to Practice for Documents Submitted to the United States Patent and Trademark Office 0651-AC27

Trademark Technical and Conforming Amendments 0651-AC39

Interim Increase on Patent Fees 0651-AC42

Adjustment of USPTO Fees for Fiscal Year 2012 0651-AC44

Requirement for More Than One Specimen per Class and for Additional Information and Exhibits 0651-AC49

Revision of Patent Term Extension and Adjustment Provisions Relating to Information Disclosure Statements 0651-AC56

Revision of the Materiality to Patentability Standard for the Duty to Disclose Information in Patent Applications 0651-AC58

Revision of Standard for Granting an Inter Partes Reexamination Request 0651-AC61

Changes to Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control

Procedures 0651-AC62

Patent and Trademark Office - Completed Action

Title

Regulation 

Identifier 

Number

Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals 0651-AC37

Requirements for Amendments After Publication 0651-AC38

Revision of USPTO Fees for Fiscal Year 2011 0651-AC43

Paper Filing Surcharge 0651-AC50

National Telecommunications and Information Administration - Final Rule

Title

Regulation 

Identifier 

Number

Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management 0660-AA21

Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management 0660-AA22

Removal of Regulations That Implement and Administer a Coupon Program for Digital-to-Analog Converter Boxes 0660-AA23

Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management 0660-AA24

Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management 0660-AA25

Bureau of Economic Analysis - Proposed Rule

Title

Regulation 

Identifier 

Number

BE-150, Quarterly Survey of Payment Card and Bank Card Transactions Related to International Travel 0691-AA79

BE-12 Benchmark Survey of Foreign Direct Investment in the United States 0691-AA80

Bureau of Economic Analysis - Final Rule

Title

Regulation 

Identifier 

Number

BE-120, Benchmark Survey of Transactions in Selected Services and Intangible Assets With Foreign Persons 0691-AA76

Bureau of Economic Analysis - Completed Action

Title

Regulation 

Identifier 

Number

Regulations.gov Friday, January 20, 2012 Unified Agenda

12
Removal of Reporting Requirements for Certain Surveys of Foreign Direct Investment in the United States 0691-AA77

Direct Investment Surveys: Alignment of Regulations with Current Practices 0691-AA78

National Institute of Standards and Technology - Proposed Rule

Title

Regulation 

Identifier 

Number

Amendments to the National Voluntary Laboratory Accreditation Program Regulations 0693-AB61

National Institute of Standards and Technology - Final Rule

Title

Regulation 

Identifier 

Number

Redelegations of Authority Resulting From the America COMPETES Act 0693-AB60

Bureau of Industry and Security - PreRule

Title

Regulation 

Identifier 

Number

Automated Export System and Shippers Export Declaration--Requirement to Show Paragraphs in Export Control

Classification Numbers 0694-AD89

Bureau of Industry and Security - Proposed Rule

Title

Regulation 

Identifier 

Number

Revision of Commerce Control List Based on Application of Modern Technologies to Crime Control and Law

Enforcement Activities 0694-AE43

Addition of Non-Material Changes That May Be Made to Export Licenses; and Addition of Non-Material Changes

Requiring Prior BIS Notification and Approval 0694-AE80

Revisions to Defense Priorities and Allocations System Regulations 0694-AE81

Revisions to Authorization Validated End-User Provisions: Requirement for Notice of Export, Reexport, or Transfer (In

Country) and Clarification Regarding Removal of Conditions 0694-AF19

Control of Aircraft and Related Items the President Determines No Longer Warrant Control Under the United States

Munitions List 0694-AF36

Proposed Revisions to the Export Administration Regulations (EAR) for Making the Commerce Control List (CCL) More

Clear and "Positive" as Part of the Export Control Reform Initiative 0694-AF37

Bureau of Industry and Security - Final Rule

Title

Regulation 

Identifier 

Number

Implementation of the Understandings Reached at the 2004 and 2005 Nuclear Suppliers Group (NSG) Plenary Meetings 0694-AD58

Encryption Export Controls 0694-AE89

Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign

Policy Interests of the United States 0694-AE97

Revisions to the Export Administration Regulations (EAR): Control of Military Vehicles and Related Items that the

President Determines do not Warrant Control on the United States Munitions List 0694-AF17

Revisions to Validated End-User Authorizations: Boeing Tianjin Composite Co. Ltd. 0694-AF26

Addition of the New State of the Republic of South Sudan to the Export Administration Regulations 0694-AF27

Amendments to the Export Administration Regulations: Clarification of Provisions That Implemented Sanctions Against

Syria 0694-AF29

Amendment to the Export Administration Regulations: Implementation of Iran Sanctions Act of 1996, as Amended 0694-AF30

Export and Reexport Controls to Rwanda 0694-AF31

Amendment to Existing Validated End-User Authorizations: National Semiconductor Corporation and Semiconductor

Manufacturing International Corporation in the People's Republic of China 0694-AF32

Exports and Reexports to the Principality of Liechtenstein 0694-AF33

Export and Reexport License Requirements for Certain Microwave and Millimeter Wave Electronic Components 0694-AF38

Regulations.gov Friday, January 20, 2012 Unified Agenda

13
Bureau of Industry and Security - Completed Action

Title

Regulation 

Identifier 

Number

Export Administration Regulations: Support Documentation Consolidation and Reorganization 0694-AC04

Expansion of License Exception GOV; Exports and Reexports to International Organizations 0694-AC15

De Minimis U.S. Content in Foreign Made Items 0694-AC17

Revision to the Export Administration Regulations: Replacement Licenses 0694-AC23

Short Supply Controls: Crude Oil Exports 0694-AC25

License Exception AVS Clarifications and Shipments to International Waters 0694-AC33

Clarifications to Part 752: Special Comprehensive License Requirements 0694-AC34

Chemical Weapons Convention: Revisions to the Export Administration Regulations 0694-AC35

Administrative Action Providing for Order to Stop Specific Exports or Reexports Otherwise Eligible Under Designation

NLR 0694-AC47

Imposition of License Requirement for Exports and Reexports of Missile Technology (MT)--Controlled Items to Canada 0694-AC48

Clarification of "Space-Qualified" Parts, Components, and Technology Subject to the Export Administration Regulations 0694-AD07

License Exception GOV Exports and Reexports for Official IAEA International Inspection and Verification Use in

Accordance With the U.S.-IAEA Safeguards Agreement, as Amended by the Additional Protocol 0694-AD27

Revision to General Restriction on All License Exceptions: Availability of Certain License Exceptions for Lightweight

Aircraft Engines 0694-AD80

Implementation in the Export Administration Regulations of the United States' Rescission of Libya's Designation as a

State Sponsor of Terrorism and Revisions Applicable to Iraq 0694-AD81

Country Group C: Destinations of Diversion Concern 0694-AD93

Revision of the Regional Stability and Chemical and Biological Export Controls in the Export Administration Regulations 0694-AE04

Revisions to License Exception GOV for Support of Civil Aviation Authorities Responsible for Safety of Flight and

Revisions to General Restriction on All License Exceptions 0694-AE14

Export Administration Regulations: Establishment of License Exception Intra-Company Transfer (ICT) 0694-AE21

December 2007, 2008, 2009, and 2010 Wassenaar Arrangement Plenary Agreement Implementation: Low Light Level

Entries and Reporting Requirements 0694-AE30

Addition of Export Control Classification Number 6A981 Passive Infrasound Sensors to the Export Administration

Regulations 0694-AE44

Democratic Republic of the Congo (DRC): Revision of the Export Administration Regulations to Impose Controls on

Exports, Reexports, and Transfers to Persons Pursuant to Executive Order 13413 0694-AE63

Five Axis Simultaneous Controlled Milling Machines: License Exception Eligibility and Fast Track Application Processing 0694-AE74

Editorial Correction to the Export Administration Regulations 0694-AE90

Clarification Regarding the Jurisdictional Scope of Commodity Classification Determinations and Advisory Opinions

Issued by the Bureau of Industry and Security 0694-AE94

Editorial Corrections to the Export Administration Regulations 0694-AE96

Export Control Modernization: Strategic Trade Authorization License Exception 0694-AF03

Implementation of the Understandings Reached at the 2010 Australia Group (AG) Plenary Meeting and Other AGRelated Clarifications and Corrections to the EAR 0694-AF04

Paperwork Reduction Act: Updated List of Approved Information Collections and Removal of a Redundant Reporting

Requirement 0694-AF08

Export Control Modernization Initiative: Clarifying the Meaning of the Term "Specially Designed" by Adopting a Single

Definition for the Entire CCL 0694-AF09

Wassenaar Arrangement 2010 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8, and

9 of the Commerce Control List, Definitions, Reports 0694-AF11

Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign

Policy Interests of the United States 0694-AF12

Implementation of Additional Changes From the Annual Review of the Entity List; Removal of Person Based on Removal

Request 0694-AF13

Implementation of a Decision Adopted Under the AG Intersessional Silent Approval Procedures in 2010 0694-AF14

Wassenaar Arrangement 2009 Plenary Agreements Implementation: ECCN 4A003, Movement of Albania and Croatia to

Computer Tier 1, and Related Revisions 0694-AF15

Export Administration Regulations: Netherlands Antilles, Curacao, Sint Maarten,and Timor-Leste 0694-AF18

Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign

Policy Interests of the United States 0694-AF21

Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States to the

Regulations.gov Friday, January 20, 2012 Unified Agenda

14
Entity List; and Changes From the Annual Review of Entity List 0694-AF22

Technical Amendment to Supplement No. 7 of the Export Administration Regulations 0694-AF23

Removal and Modifications for Persons Listed Under Russia on the Entity List 0694-AF24

Revision to the Validated End-User Authorization for CSMC Technologies Corporation in the People's Republic of China 0694-AF25

Addition of Certain Persons on the Entity List; Removal of a Person From the Entity List Based on a Removal Request;

and Implementation of Entity List Annual Review Changes 0694-AF28

Updated Statements of Legal Authority for the Export Administration Regulations 0694-AF34

Department of Commerce (DOC) 

General Administration ( ADMIN ) RIN: 0605-AA28

 View Related Documents

Title: Guidance for Drug-Free Workplace Requirements (Financial Assistance)

Abstract: The Department of Commerce is removing its regulation implementing the Governmentwide common rule on drugfree workplace requirements for financial assistance, currently located within part 29 of title 15 of the Code of Federal

Regulations (CFR), and issuing a new regulation to adopt the Office of Management and Budget (OMB) guidance at 2 CFR

182. This regulatory action implements the OMB's initiative to streamline and consolidate into one title of the CFR all federal

regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative

simplification that would make no substantive change in Department of Commerce policy or procedures for drug-free

workplaces.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 2 CFR 182; 15 CFR 29 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 41 USC 701 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/25/2010 75 FR 29215 

NPRM Comment Period End 06/24/2011 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gary W. Johnson 

Senior Policy Specialist

Department of Commerce

General Administration

HCHB, Room 6054 14th and Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-1679 

FAX: 202 482-1844

E-Mail: gjohnso3@doc.gov

Department of Commerce (DOC) 

General Administration ( ADMIN ) RIN: 0605-AA29

 View Related Documents

Title: Disclosure of Government Information

Abstract: This rule amends the Department of Commerce's (Department) Freedom of Information Act (FOIA) regulations by

changing the officials authorized to deny requests for records under the Freedom of Information Act, and requests for correction

or amendment under the Privacy Act (PA), for the Office of Inspector General.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

15
CFR Citation: 15 CFR 4 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 5 USC 552; 5 USC 552a; 5 USC 553; 31 USC 3717; 44 USC 3101

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 07/07/2011 

Final Rule 07/07/2011 76 FR 39769 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Brenda Dolan

Departmental Freedom of Information and Privacy Act Officer

Department of Commerce

General Administration

1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-3258 

E-Mail: bdolan1@doc.gov

Department of Commerce (DOC) 

Bureau of the Census ( CENSUS ) RIN: 0607-AA50

 View Related Documents

Title: Foreign Trade Regulations (FTR): Mandatory Automated Export System Filing for All Shipments Requiring Shipper's

Export Declaration Information; Substantive Changes and Corrections

Abstract: The Census Bureau amends its regulations to reflect new export reporting requirements. Specifically, the Census

Bureau is requiring mandatory filing of export information through the Automated Export System (AES) or through AESDirect for

all shipments of used vehicles and temporary exports, as well as modifying the postdeparture filing program and the filing of

household goods. In addition to the new export reporting requirements and the modifications to the postdeparture filing

program, the rule makes remedial changes to the Foreign Trade Regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 30 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 13 USC 301

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/21/2011 76 FR 4002 

NPRM Comment Period End 03/22/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: William G. Bostic JrDepartment of Commerce

Bureau of the Census

Room 6K032, 4600 Silver Hill Road

Suitland , MD 20746 

Phone: 301 763-2255 

FAX: 301 763-6638

E-Mail: william.g.bostic.jr@census.gov

Department of Commerce (DOC) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

16
Bureau of the Census ( CENSUS ) RIN: 0607-AA35

 View Related Documents

Title: Cutoff Dates for Recognition of Boundary Changes for Census 2000 and for the Intercensal Period

Abstract: The Bureau of the Census (Census Bureau) establishes cutoff dates for recognition of boundary changes to

geographic entities for which the Census Bureau reports data in various surveys, estimates, censuses, programs, compilations,

and publications throughout the period between decennial censuses (years 2001 through 2009).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 70 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 553(b)(3)(A); 5 USC 604(a); 44 USC 35

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/25/2002 67 FR 3631 

NPRM Comment Period End 02/25/2002 

Withdrawn 08/23/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy F. Trainor 

Chief, Geography Division

Department of Commerce

Bureau of the Census

Room HQ-4H073, 4700 Silver Hill Road

Suitland , MD 20746 

Phone: 301 763-9161 

FAX: 301 763-4710

E-Mail: timothy.f.trainor@census.gov

Department of Commerce (DOC) 

Bureau of the Census ( CENSUS ) RIN: 0607-AA42

 View Related Documents

Title: Establishment of the 2010 Census Redistricting Program

Abstract: This action announces the establishment of the 2010 Census Redistricting Data Program. Required by law, the

program provides States with the opportunity to specify the small geographic areas for which they wish to receive 2010

decennial census population totals for the purpose of reapportionment and redistricting.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 13 USC 141(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice 05/13/2004 69 FR 26547 

Notice 02/15/2005 70 FR 7713 

Notice 04/20/2007 72 FR 19879 

Withdrawn 08/23/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

17
Agency Contact: Catherine C. McCully

Chief of the Census Redistricting Data Office

Department of Commerce

Bureau of the Census

Room HQ-8H019, 4700 Silver Hill Road

Suitland , MD 20746 

Phone: 301 763-6525 

FAX: 301 763-3761

E-Mail: catherine.clark.mccully@census.gov

Department of Commerce (DOC) 

Bureau of the Census ( CENSUS ) RIN: 0607-AA46

 View Related Documents

Title: Procedure for Requesting a Population Estimates Review and Update

Abstract: The Census Bureau amends the Code of Federal Regulations (CFR) to change the name of a current Census

program from "Procedure for Challenging of Certain Population and Income Estimates" to "Procedure for Requesting an

Estimates Review and Update." In addition, the Census Bureau updates references to the method by which population

estimates are officially released to reflect widespread use of the Internet for disseminating official demographic data. Finally, the

Census Bureau eliminates per capita income from the "Procedure for Requesting Population Estimates Review and Update."

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 90 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 13 USC 4; 13 USC 181

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/24/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State

Small Entities Affected: Governmental Jurisdictions Federalism: No

Energy Affected: No

Agency Contact: Rodger V. Johnson Department of Commerce

Bureau of the Census

Population Distribution Branch

Washington , DC 20233 

Phone: 301 763-2419 

FAX: 301 457-2481

E-Mail: rodger.v.johnson@census.gov

Department of Commerce (DOC) 

Economic Development Administration ( EDA ) RIN: 0610-AA66

 View Related Documents

Title: Revisions to EDA's Regulations

Abstract: The Economic Development Administration (EDA) updates the Agency's regulations, which implement the Public

Works and Economic Development Act of 1965, as amended ("PWEDA"). On February 1, 2011, EDA published a notice

requesting comments on improving the regulations. A 70-day public comment period followed from February 1, 2011, through

April 11, 2011, during which EDA received approximately 170 comments. In addition, EDA conducted an internal review of its

regulations. This NPRM addresses and incorporates public comments and Agency staff suggestions to present an updated set

of proposed regulations that reflects the Agency's current practices and policies in administering its economic development

assistance programs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

18
CFR Citation: 13 CFR 300; 13 CFR 301; 13 CFR 302; 13 CFR 303; 13 CFR 304; 13 CFR 305; 13 CFR 306; 13 CFR 308; 13

CFR 310; 13 CFR 311; 13 CFR 314 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Department of Commerce Organization Order 10-4; 42 USC 3122; 42 USC 3211; 42 USC 3121

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Governmental Jurisdictions Federalism: No

Energy Affected: No

Agency Contact: Jamie Lipsey Department of Commerce

Economic Development Administration

1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-4687 

E-Mail: jlipsey@eda.doc.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA51

 View Related Documents

Title: Procedures for Conducting 5-Year (Sunset) Reviews of Antidumping and Countervailing Duty Orders

Abstract: On May 19, 1997 (62 FR 27296), the Department of Commerce (the Department) published final rules on inter alia

procedures for conducting antidumping and countervailing duty proceedings to conform the Department's existing regulations to

the Uruguay Round Agreements Act (URAA). Although these regulations contain provisions on the conduct of sunset reviews,

the Department is planning to amend the regulations to provide more guidance on the procedures for conducting sunset

reviews. Specifically, the Department amends the procedural regulations for participation in, and conduct of, sunset reviews to

add two definitions to provide shorthand expressions for 120-day and 240-day sunset reviews; provides deadlines for certain

submissions; clarifies the information to be provided by parties participating in a sunset review; clarifies when the Department

will conduct a 120-day or a 240-day sunset review; and provides time limits for actions to be taken by the Department.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 351 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 19 USC 1671 et seq; 19 USC 1673 et seq; 19 USC 1303

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/20/1998 63 FR 13516 

Interim Final Rule Comment Period End 04/20/1998 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David Mason Department of Commerce

International Trade Administration

Room 3627, 1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-5051 

FAX: 202 482-4912

E-Mail: david_mason@ita.doc.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

19
Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA66

 View Related Documents

Title: Amendment to Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty

Proceedings

Abstract: The Department of Commerce (Department) amends 19 CFR 351.303(g), which governs the certification of factual

information submitted to the Department by a person or their representative during antidumping and countervailing duty

proceedings. The amendments are intended to strengthen the current imprecise certification requirements so that it is clear what

has been certified, by whom, and when, and so that parties and their counsel are aware of the potential consequences of false

certifications.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 351 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 19 USC 1202 note; 19 USC 1303 note; 19 USC 1671 et seq; 19 USC 3538; . . .

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/22/2004 69 FR 56738 

NPRM Comment Period End 11/22/2004 

Interim Final Rule 02/10/2011 76 FR 7491 

Interim Final Rule Comment Period End 05/11/2011 

Interim Final Rule; Supplemental 09/02/2011 76 FR 54697 

Interim Final Rule Effective 09/02/2011 

Interim Final Rule Comment Period End 10/03/2011 

Final Action 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert E. Nielsen 

Senior Attorney

Department of Commerce

International Trade Administration

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-5340 

E-Mail: robert_neilsen@ita.doc.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA76

 View Related Documents

Title: Canadian Softwood Lumber Import Licensing System

Abstract: The Department of Commerce (Commerce) publishes this interim final rule to implement a licensing system for

imports of softwood lumber from Canada. This licensing system is intended to enable Commerce to monitor the imports of

softwood lumber subject to the 2006 Softwood Lumber Agreement (SLA 2006 or Agreement).

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 362 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: Not Yet Determined

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

20
Timetable:

Action Date FR Cite

Interim Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Terpstra

Supervisory International Trade Compliance Analyst

Department of Commerce

International Trade Administration

1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-3965 

FAX: 202 482-4001

E-Mail: james_terpstra@ita.doc.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA77

 View Related Documents

Title: Withdrawal of Regulation Governing Treatment of Tollers and Subcontractors in Antidumping Duty Determinations

Abstract: The International Trade Administration (ITA) takes this action to withdraw the provision at 19 CFR 351.401(h). ITA

takes this action to ensure that the Department of Commerce's (the "Department") antidumping analysis focuses upon the party

setting the price of subject merchandise when the manufacture of such merchandise is subcontracted to another company. The

regulation has had the unintended effect of bestowing the status of foreign manufacturer or producer upon parties in the United

States that would have otherwise assumed the status of purchasers. If a party that customarily assumes the status of a

purchaser is bestowed the status of foreign manufacturer or producer, the proper application of the antidumping duty law would

be thwarted. This effect is contrary to the Department's intent in promulgating the regulation, and inconsistent with its statutory

mandate to provide relief to domestic industries suffering material injury from unfairly traded imports. The withdrawal of this rule

will allow the Department to avoid these effects and provide relief as intended under the statutory scheme.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 351 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 19 USC 1202; 19 USC 1303; 19 USC 1671; 19 USC 3538

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 03/28/2008 73 FR 16517 

Interim Final Rule Comment Period End 04/28/2008 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David Mason Department of Commerce

International Trade Administration

Room 3627, 1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-5051 

FAX: 202 482-4912

E-Mail: david_mason@ita.doc.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA79

Regulations.gov Friday, January 20, 2012 Unified Agenda

21
 View Related Documents

Title: Withdrawal of Regulation Governing Targeted Dumping in Antidumping Duty Investigations

Abstract: The International Trade Administration withdraws its regulations governing the criteria for analyzing targeted dumping

allegations in antidumping investigations (19 CFR 351.414(f) and (g)).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 351 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 19 USC 1673

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/10/2008 73 FR 74930 

Interim Final Rule Comment Period End 01/09/2009 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Natasha Robinson Department of Commerce

International Trade Administration

1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-1643 

E-Mail: natasha.robinson@mail.doc.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA81

 View Related Documents

Title: Foreign-Trade Zones in the United States

Abstract: The Foreign-Trade Zones Board (Board) is revising its regulations issued pursuant to the Foreign-Trade Zones Act of

1934, as amended (the Act). The revised regulations will improve the application and approval procedures for foreign-trade

zones and activity therein. The Board intends to institute new reporting requirements when zone participants begin using new

foreign components or finished products in zones, and it intends to clarify when Board approval is needed for new zone activity.

The revised regulations also will provide the zone community with guidance on the "public utility" and "uniform treatment"

provisions of the Act. The regulations will ensure that zone grantees apply uniform criteria in making decisions regarding use of

the zone and will set forth various rules to ensure that zone privileges are not abused for private profit. The Board is also

proposing to improve its regulations regarding imposition of fines for violations of the Act.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 400 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 19 USC 81a-u

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/30/2010 75 FR 82340 

NPRM Comment Period End 04/08/2011 

Final Rule 12/00/2011 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

22
Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Andrew McGilvray

Executive Secretary

Department of Commerce

International Trade Administration

1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-2862 

E-Mail: andrew.mcgilvray@mail.doc.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA86

 View Related Documents

Title: Modification to Regulation Concerning the Revocation of Antidumping and Countervailing Duty Orders

Abstract: The Department of Commerce ("the Department") modifies our regulations governing the revocation of antidumping

and countervailing duty orders, in whole or in part, and the termination of suspended antidumping and countervailing duty

investigations. The modification eliminates the provision for revocation of an antidumping or countervailing duty order with

respect to individual exporters or producers based on those individual exporters or producers having received antidumping

margins of zero for three consecutive years, or countervailing duty rates of zero for five consecutive years.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 351 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 310; 19 USC 1202; 19 USC 1303; 19 USC 1671; 19 USC 3538

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/21/2011 76 FR 15233 

NPRM Comment Period End 04/20/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Mark Ross Department of Commerce

International Trade Administration

1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-4794 

E-Mail: mark.ross@trade.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA87

 View Related Documents

Title: Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain

Antidumping Duty Proceedings

Abstract: The Department of Commerce ("the Department") requests comments regarding the calculation of the weighted

average dumping margin and antidumping duty assessment rate in certain antidumping duty proceedings. Currently, in a review

of an antidumping duty order conducted under 19 CFR 351.213 (Administrative Review), 351.214 (New Shipper Review),

351.215 (Expedited Antidumping Review) (collectively "reviews"), the Department usually makes comparisons between

Regulations.gov Friday, January 20, 2012 Unified Agenda

23
transaction-specific export prices and average normal values and does not offset any dumping that is found with the results of

comparisons for which the transaction-specific export price exceeds the average normal value. In addition, in the most recent

original antidumping duty investigation in which the Department calculated the weighted average margins of dumping using

transaction-to-transaction comparisons, the Department did not grant offsets for non-dumped comparisons. Several World Trade

Organization ("WTO") dispute settlement reports have found that the United States' application of these methodologies was

inconsistent with our WTO obligations. In response to these reports, the Department proposes modification of its methodologies,

including changes to certain provisions of the Department's regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 351 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 19 USC 1202; 19 USC 1303; 19 USC 1671; 19 USC 3538

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/28/2010 75 FR 81533 

NPRM Comment Period End 01/27/2011 

NPRM Comment Period Extended 02/01/2011 76 FR 5518 

NPRM Extended Comment Period End 02/18/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Quentin Baird

Attorney

Department of Commerce

International Trade Administration

1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-5589 

E-Mail: quentin.baird@trade.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA88

 View Related Documents

Title: Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in

Antidumping and Countervailing Duty Investigations

Abstract: The Department of Commerce (the Department) modifies its regulation that states that provisional measures during

an antidumping or countervailing duty investigation usually take the form of a bonding requirement. The modification establishes

that the provisional measures during an antidumping or countervailing duty investigation will normally take the form of a cash

deposit.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 351 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 19 USC 1671; 19 USC 3538; 5 USC 301; 19 USC 1202; 19 USC 1303

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/26/2011 76 FR 23225 

NPRM Comment Period End 05/26/2011 

Final Action 12/00/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

24
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mark Ross Department of Commerce

International Trade Administration

1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-4794 

E-Mail: mark.ross@trade.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA59

 View Related Documents

Title: Commercial Availability of Fabric and Yarn

Abstract: This rule implements certain provisions of the Trade and Development Act of 2000 (the Act). Title I of the Act (the

African Growth and Opportunity Act or AGOA), title II of the Act (the United States-Caribbean Basin Trade Partnership Act or

CBTPA), and title XXXI of the Trade Act of 2002 (the Andean Trade Promotion and Drug Eradication Act or ATPDEA) provide

for quota- and duty-free treatment for qualifying apparel products from designated beneficiary countries. AGOA and CBTPA

authorize quota- and duty-free treatment for apparel articles that are both cut (or knit-to-shape) and sewn or otherwise

assembled in one or more designated beneficiary countries from yarn or fabric that is not formed in the United States or a

beneficiary country, provided it has been determined that such yarn or fabric cannot be supplied by the domestic industry in

commercial quantities in a timely manner. The President has delegated to the Committee for the Implementation of Textile

Agreements (the Committee), which is chaired by the Department of Commerce, the authority to determine whether yarn or

fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner under the AGOA, the ATPDEA,

and the CBTPA, and has authorized the Committee to extend quota- and duty-free treatment to apparel of such yarn or fabric.

The rule provides the procedure for interested parties to submit a request alleging that a yarn or fabric cannot be supplied by

the domestic industry in commercial quantities in a timely manner, the procedure for public comments, and relevant factors that

will be considered in the Committee's determination. The rule also outlines the factors to be considered by the Committee in

extending quota- and duty-free treatment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 345 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 106-200, sec 112(b)(5)(B); PL 106-200, sec 211; EO 13191; PL 107-210, sec 3103

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 00/00/0000 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Janet Heinzen

International Trade Specialist

Department of Commerce

International Trade Administration

Office of Textiles and Apparel 1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-4006 

E-Mail: janet_heinzen@ita.doc.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA84

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

25
Title: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; APO Procedures

Abstract: This rule amends the regulations of the Department of Commerce's (the Department) Import Administration (IA) that

relate to the filing requirements in antidumping (AD) and countervailing duty (CVD) proceedings. This amendment allows

interested parties to AD/CVD proceedings to submit their documents related to those matters electronically through the Import

Administration Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). Specifically, the rule

changes the filing requirements under 19 CFR 351.303(c)(1), which normally require parties to manually file one original and

five paper copies of public submissions for AD/CVD proceedings. Where the submission contains business proprietary

information, the previous rule allowed parties to file one original and five copies of a business proprietary submission, and three

copies of the public version, to the Department. Through this amendment, parties will file all submissions electronically via an

Internet connection. Parties seeking to manually file submissions must demonstrate that they meet an exception to the

electronic filing rule, and such exceptions will be granted only with prior approval, on a case-by-case basis. A party that is

allowed to file a manual submission will nonetheless need to file only one hard copy of the submission, along with a cover page

that is generated using IA ACCESS. Because this cover page and submission are part of an administrative proceeding before

the Department, it is not subject to the Paperwork Reduction Act. Additional amendments to the regulations are directed at

amending provisions in which manual filing or paper copies of submissions are discussed in order to refer instead to the

electronic filing requirement or electronic format of the submissions. The rule also includes minor corrections and clarifications

related to filing procedures.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 19 CFR 351 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 19 USC 1202 note; 19 USC 1303 note; 19 USC 1971 et seq; 19 USC 3538

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/28/2010 75 FR 44163 

NPRM Comment Period End 09/27/2010 

Final Action 07/06/2011 76 FR 39263 

Final Action Effective 08/05/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Evangeline Keenan

Acting Director, APO/Dockets Unit

Department of Commerce

International Trade Administration

Room 1870 1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-9157 

E-Mail: evangeline.keenan@trade.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY15

 View Related Documents

Title: Requirements for Importation of Fish and Fish Product Under the U.S. Marine Mammal Protection Act

Abstract: With this action, NMFS is developing procedures to implement the provisions of section 101(a)(2) of the Marine

Mammal Protection Act for imports of fish and fish products. Those provisions require the Secretary of Treasury to ban imports

of fish and fish products from fisheries with bycatch of marine mammals in excess of U.S. standards. The provisions further

require the Secretary of Commerce to insist on reasonable proof from exporting nations of the effects on marine mammals of

bycatch incidental to fisheries that harvest the fish and fish products to be imported.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1371 et seq

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

26
Timetable:

Action Date FR Cite

ANPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Kristy Long

Fisheries Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

Room 13738, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 

FAX: 301 427-2522

E-Mail: kristy.long@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA74

 View Related Documents

Title: Revision of the National Standard 10 Guidelines

Abstract: The action would revise the National Standard 10 (NS10) guidelines at 50 CFR 600.355. National Standard 10

states: "Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea."

NMFS published guidelines for NS10 in 1998 (63 FR 24212; May 1, 1998). Major changes in fisheries management that change

the way fishing operations are conducted, including catch-share programs, could impact the safety of fishermen, and those

impacts should be assessed during the management process. NOAA's National Marine Fisheries Service will seek initial public

comment on potential adjustments to the guidelines through an advanced notice of proposed rulemaking.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 600.355 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 94-265; 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 12/00/2011 

NPRM 01/00/2012 

Final Action 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Debra Lambert Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2341 

E-Mail: deb.lambert@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB14

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

27
Title: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed

Array Sensor System Low Frequency Active Sonar

Abstract: On August 17, 2011, the National Marine Fisheries Service (NMFS) received a renewal of an application from the

U.S. Navy requesting the unintentional taking of marine mammals, by harassment, incidental to deploying the Surveillance

Towed Array Sensor System (SURTASS) Low Frequency Active (LFA) sonar system for military readiness activities. The Navy

would operate a maximum of four SURTASS LFA sonar ship systems in certain areas of the Pacific, Atlantic, and Indian

Oceans and the Mediterranean Sea. Pursuant to section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA) (16 U.S.C.

1361 et seq.), NMFS plans to propose regulations, together with related Letters of Authorization (LOAs), to authorize Level A

and Level B harassment takes of marine mammals incidental to employment of the SURTASS LFA sonar system for training,

testing, and routine military operations over a five-year period commencing in August 2012. This is NMFS' third MMPA

rulemaking for SURTASS LFA sonar (under the MMPA, such regulations are effective for a maximum of 5 years). The current

regulations for SURTASS LFA sonar expire on August 15, 2012. The Navy has prepared a draft Supplemental Environmental

Impact Statement (DSEIS)/Supplemental Overseas Environmental Impact Statement (SOEIS) for the employment of SURTASS

LFA sonar, which also supports NMFS' rulemaking under the MMPA. NMFS was a cooperating agency in the preparation of the

DSEIS. NMFS is still developing the proposed rule and has not reached any preliminary determinations at this time.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 218 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice 12/00/2011 

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB18

 View Related Documents

Title: Amendment 97 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Island Management Area

Abstract: If approved, Amendment 97 to the BSAI FMP would allow owners of original qualifying Amendment 80 trawl

catcher/processor vessels not listed under the American Fisheries Act to replace a vessel with another vessel for any purpose.

Only one replacement vessel may be used at any given time (one-for-one replacement). This action would limit the size of a

replacement vessel, not to exceed an LOA of 295 feet (89.9 m). A replacement vessel that replaces an Amendment 80 vessel

eligible to direct fish for flatfish in the GOA will continue to be allowed to directed fish in the GOA flatfish fishery. A replacement

vessel cannot enter an Amendment 80 fishery without quota share (QS) being assigned to that vessel or the associated permit.

Persons holding a QS permit associated with a vessel that is permanently ineligible to re-enter US fisheries is eligible to replace

the vessel associated with its QS permit. Any vessel replaced under this program may be used to replace other 80 vessels.

Vessels not assigned to the Amendment 80 fishery would have a sideboard limit of zero in the BSAI and GOA groundfish

fisheries. Vessels must be classed and loadlined or meet the requirements of ACSA to be used to replace other Amendment 80

vessels.

Regulations.gov Friday, January 20, 2012 Unified Agenda

28
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 12/00/2011 

NPRM 01/00/2012 

Final Rule 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AS65

 View Related Documents

Title: Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico

Abstract: The purpose of this fishery management plan (FMP) is to develop a regional permitting process for regulating and

promoting environmentally sound and economically sustainable aquaculture in the Gulf of Mexico (Gulf) exclusive economic

zone. This FMP consists of ten actions, each with an associated range of management alternatives, which would facilitate the

permitting of an estimated 5 to 20 offshore aquaculture operations in the Gulf over the next 10 years, with an estimated annual

production of up to 64 million pounds. By establishing a regional permitting process for aquaculture, the Gulf of Mexico Fishery

Management Council will be positioned to achieve their primary goal of increasing maximum sustainable yield and optimum

yield of federal fisheries in the Gulf by supplementing harvest of wild caught species with cultured product.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Regulatory Plan:

Statement of Need: Demand for protein is increasing in the United States and commercial wild-capture fisheries will not likely

be adequate to meet this growing demand. Aquaculture is one method to meet current and future demands for seafood.

Supplementing the harvest of domestic fisheries with cultured product will help the U.S. meet consumers' growing demand for

seafood and may reduce the Nation's dependence on seafood imports. Currently, the U.S. imports over 80 percent of the

seafood consumed in the country, and the annual U.S. seafood trade deficit is at an all time high of over $9 billion.

Legal Basis: Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq.

Alternatives: The Council's Aquaculture FMP includes 10 actions, each with an associated range of alternatives. These

actions and alternatives are collectively intended to establish a regional permitting process for offshore aquaculture.

Management actions in the FMP include: (1) Aquaculture permit requirements, eligibility, and transferability; (2) duration

aquaculture permits are effective; (3) aquaculture application requirements, operational requirements, and restrictions; (4)

species allowed for aquaculture; (5) allowable aquaculture systems; (6) marine aquaculture siting requirements and conditions;

(7) restricted access zones for aquaculture facilities; (8) recordkeeping and reporting requirements; (9) biological reference

Regulations.gov Friday, January 20, 2012 Unified Agenda

29
points and status determination criteria; and (10) framework procedures for modifying biological reference points and regulatory

measures.

Costs and Benefits: Environmental and social/economic costs and benefits are described in detail in the Council's

Aquaculture FMP. Potential benefits include: establishing a rigorous review process for reviewing and approving/denying

aquaculture permits; increasing optimum yield by supplementing the harvest of wild domestic fisheries with cultured products;

and reducing the nation's dependence on imported seafood. Anticipated costs include increased administration and oversight of

an aquaculture permitting process, and potential negative environmental impacts to wild marine resources. Approval of an

aquaculture permitting system may also benefit fishing communities by creating new jobs or impact fishing communities if

cultured products economically displace domestic seafood.

Risks: National offshore aquaculture legislation has also been previously proposed by the Administration. This action may

reduce the need for uniform national legislation and allow aquaculture regulations to vary by region.

Timetable:

Action Date FR Cite

Notice of Availability (NOA) 06/04/2009 74 FR 26829 

NOA Comment Period End 08/03/2009 

NPRM 12/00/2011 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AT31

 View Related Documents

Title: American Lobster Fishery; Fishing Effort Control Measures To Complement Interstate Lobster Management

Recommendations by the Atlantic States Marine Fisheries Commission

Abstract: The National Marine Fisheries Service announces that it is considering, and seeking public comment on, revisions to

Federal American lobster regulations for the Exclusive Economic Zone (EEZ) associated with effort control measures as

recommended for Federal implementation by the Atlantic States Marine Fisheries Commission (ASMFC) and as outlined in the

Interstate Fishery Management Plan (ISFMP) for American Lobster. This action will evaluate effort control measures in certain

Lobster Conservation Management Areas, including: Limits on future access based on historic participation criteria; procedures

to allow trap transfers among qualifiers and impose a trap reduction or conservation tax on any trap transfers; and a trap

reduction schedule to meet the goals of the ISFMP.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 697 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 5101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 05/10/2005 70 FR 24495 

ANPRM Comment Period End 06/09/2005 

Notice of Public Meeting 05/03/2010 75 FR 23245 

NPRM 12/00/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

30
Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.nero.noaa.gov/StateFedOff Public Comment

URL: www.nero.noaa.gov/nero/comments/index.html

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AU02

 View Related Documents

Title: Reducing Disturbances to Hawaiian Spinner Dolphins From Human Interactions

Abstract: The National Marine Fisheries Service proposes regulations to protect the essential resting habitat of wild spinner

dolphins (Stenella longirostris) in the main Hawaiian Islands, and to reduce the human activities that may cause "take," as

defined in the Marine Mammal Protection Act (MMPA) and its implementing regulations, or from other actions that otherwise

adversely affect the dolphins, by proposing time-area closures in four bays on the island of Hawaii, and one on the island of

Maui.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Regulatory Plan:

Statement of Need: NMFS is concerned about the cumulative impacts on Hawaiian spinner dolphin populations from human

interactions. Human interactions with dolphins in their resting habitats has increased over the past decade, with spinner

dolphins now being the target of viewing or swim-with-wild-dolphins tours on a daily basis. Because spinner dolphins routinely

use the same habitats, and stay in the bays for most of the day to rest, these same animals may be disturbed multiple times per

day from the multiple tours that seek these animals daily. The unauthorized taking of spinner dolphins is occurring at these

bays, with many adverse impacts as a result including: behavioral changes, shorter resting periods, and displacement from

primary resting habitats. By protecting the essential resting habitat of the spinner dolphins, NMFS proposes to prevent the

taking of these animals.

Legal Basis: All marine mammals are protected under the Marine Mammal Protection Act (MMPA). NMFS is proposing these

regulations pursuant to its rulemaking authority under MMPA 16 U.S.C. 1361 et seq.; 16 U.S.C. 1372 et seq., which generally

prohibits the take of any marine mammals; and 16 U.S.C. 1382 et seq.

Alternatives: 1. No Action 2. Regulate human behaviors and activities 3. Implement time-area closures in specified spinner

dolphin resting habitats 4. Combine limits on specified human behaviors with time-area closures 5. Full closure of all identified

spinner dolphin resting habitats 6. Codify the West Hawaii Voluntary Standards for Marine Tourism

Costs and Benefits: The primary benefit of this action would be to reduce the unauthorized taking of spinner dolphins in their

primary resting habitat. These animals are being disturbed in an area that is significant to their health, reproduction and

survival. Managing the amount of interactions humans can have with spinner dolphins will help protect the animals in their

natural environment. Costs with this proposed rule would affect humans as their use of these particular bays would be limited.

Commercial tour operators, kayak companies, and spiritual retreat operators may be negatively economically impacted. The

public at large would not be allowed to engage in activities in the closure areas, and they may therefore associate a cost with

this proposed action.

Risks: No risks to public health, safety or the environment were identified with implementation of this rule.

Timetable:

Regulations.gov Friday, January 20, 2012 Unified Agenda

31
Action Date FR Cite

ANPRM 12/12/2005 70 FR 73426 

ANPRM Comment Period End 01/11/2006 

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Melissa Andersen

Fishery Biologist, Management

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 Extension: 173 

FAX: 301 713-2521

E-Mail: melissa.andersen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV04

 View Related Documents

Title: Potential Revisions to the Turtle Excluder Device Requirements

Abstract: With this action, the National Marine Fisheries Service (NMFS) announces that it is considering technical changes to

the requirements for turtle excluder devices (TEDs), and to solicit public comment. Specifically, NMFS would modify the size of

the TED escape opening currently required in the summer flounder fishery; require the use of TEDs in the whelk, calico scallop,

and Mid-Atlantic scallop trawl fisheries; require the use of TEDs in flynets; and move the current northern boundary of the

Summer Flounder Fishery-Sea Turtle Protection Area off Cape Charles, Virginia, to a point farther north.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 222; 50 CFR 223 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1533

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 02/15/2007 72 FR 7382 

ANPRM Comment Period Extended 03/19/2007 72 FR 12749 

ANPRM Comment Period End 03/19/2007 

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

32
National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV12

 View Related Documents

Title: High Seas Fishing Compliance Act; Amendment of Regulations

Abstract: The National Marine Fisheries Services proposes regulatory changes to improve the administration of the High Seas

Fishing Compliance Act (HSFCA) program. The regulatory changes will include adjustments to permitting, reporting and

transshipping procedures; provisions for experimental or exploratory fisheries; specifications for vessel monitoring system

requirements; and the correction of obsolete references.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 5501

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Christopher Rogers

Division Chief

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-9090 Extension: 117 

FAX: 301 713-9106

E-Mail: christopher.rogers@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV76

 View Related Documents

Title: Collection and Use of Tax Identification Numbers From Holders of and Applicants for National Marine Fisheries Service

Permits

Abstract: Pursuant to the Debt Collection Improvement Act of 1996 (Debt Collection Act), the National Marine Fisheries

Service (NMFS) proposes to require that each existing holder of and future applicant for a permit, license, endorsement,

authorization, transfer, or like instrument issued by the Agency provide a Taxpayer Identification Number (TIN) (business,

employer identification number, or individual's Social Security number) and Date of Incorporation or Date of Birth, as

appropriate. Under the Debt Collection Act, NMFS is required to collect the TIN to report on and collect any delinquent non-tax

debt owed to the Federal Government. NMFS plans to use Date of Incorporation or Date of Birth information for administrative

aspects of permitting procedures, with appropriate confidentiality safeguards pursuant to the Privacy Act. The rule will specify:

(a) the particular uses that may be made of the reported TIN; (b) the effects, if any, of not providing the required information; (c)

how the information will be used to ascertain if the permit holder or applicant owes delinquent non-tax debt to the Government

pursuant to the Debt Collection Act; (d) the effects on the permit holder or applicant when such delinquent debts are owed; and

(e) the Agency's intended communications with the permit holder or applicant regarding the relationship of such delinquent

debts to its permitting process and the need to resolve such debts as a basis for completing permit issuance or renewal. The

rule will amend existing Agency permit regulations and contain all appropriate modified and new collections-of-information

pursuant to the Paperwork Reduction Act.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216; 50 CFR 222; 50 CFR 229; 50 CFR 300; 50 CFR 600; 50 CFR 648; 50 CFR 660; 50 CFR 679; 50

CFR 680; 50 CFR 697 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

33
Legal Authority: 31 USC 7701; 16 USC 1801 et seq; 16 USC 1361 et seq; 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Merge with 0648-AV08

Agency Contact: Alan Risenhoover

Director, Office of Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

Room 13362, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2334 

FAX: 301 713-0596

E-Mail: alan.risenhoover@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV81

 View Related Documents

Title: Confidentiality of Information

Abstract: This rule would revise 50 CFR part 600 subpart E to conform to changes to the Magnuson-Stevens Act. This rule will

prescribe access requirements for confidential information for Marine Fisheries Commission employees, State employees who

are responsible for fishery management plan enforcement, to persons submitting confidential information in support of homeland

and national security activities; and to verify catch under a limited access program. The rule will also prescribe regulations for

disclosure of observer data.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 600 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Samuel Rauch

Deputy Assistant Administrator for Regulatory Programs

Department of Commerce

National Oceanic and Atmospheric Administration

Room 14657 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2341 

E-Mail: samuel.rauch@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV82

Regulations.gov Friday, January 20, 2012 Unified Agenda

34
 View Related Documents

Title: Marine Mammal Protection Act Permit Regulation Revisions

Abstract: The National Marine Fisheries Service (NMFS) is considering changes to its implementing regulations (50 CFR 216)

governing the issuance of permits for scientific research and enhancement activities under section 104 of the Marine Mammal

Protection Act and is soliciting public comment to better inform the process. NMFS intends to streamline and clarify general

permitting requirements and requirements for scientific research and enhancement permits, simplify procedures for transferring

marine mammal parts, possibly apply the General Authorization (GA) to research activities involving Level A harassment of nonendangered marine mammals, and implement a "permit application cycle" for application submission and processing of all

marine mammal permits. NMFS intends to write regulations for marine mammal photography permits and is considering

whether this activity should be covered by the GA.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1374

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/13/2007 72 FR 52339 

ANPRM Comment Period Extended 10/15/2007 72 FR 58279 

ANPRM Comment Period End 11/13/2007 72 FR 52339 

ANPRM Extended Comment Period End 12/13/2007 72 FR 58279 

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Governmental

Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AW22

Agency Contact: Dr. Michael Payne 

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

P.O. Box 21668

Juneau , AK 99802 

Phone: 907 586-7235 

FAX: 301 713-2521

E-Mail: michael.payne@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV85

 View Related Documents

Title: Regulatory Review and Update of National Marine Sanctuary Program Regulations

Abstract: This rulemaking makes several technical revisions to Office of National Marine Sanctuaries regulations, following a

comprehensive review and analysis of those rules. A few minor technical inconsistencies in wording throughout the regulations

were identified that have resulted in confusion and inconsistent application of the regulations amongst various national marine

sanctuaries in the system. The technical revisions will make the regulations internally consistent and will update language to

current standards consistent with modern regulation drafting guidelines.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1439

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

35
Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Armor

Legislative, Regulatory, and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW00

 View Related Documents

Title: Modification to the Geographic Boundaries of the Northwestern Hawaiian Islands Bottomfish Management Subarea

Abstract: This regulatory amendment would redefine the outer boundary of the Northwestern Hawaiian Islands Bottomfish

Management Subarea from the entire 200-nm exclusive economic zone to an area within approximately 50 nm from shore. This

action would make the boundary conform to that of the Papahanaumokuakea Marine National Monument, and would provide

pelagic fishermen the opportunity to harvest bottomfish outside the bottomfish management area and monument. While

bottomfish permit holders rarely fish more than 50 nm from shore, commercial and recreational pelagic fishermen sometimes

use troll and handline gear beyond 50 nm, and they sometimes catch bottomfish management unit species. Currently, existing

regulations require these fish to be discarded because the catch of these bottomfish species is limited to holders of bottomfish

limited entry permits. A reduction in the outer boundary of the bottomfish management area will allow the retention of a few

bottomfish species by pelagic fishermen who fish beyond the bottomfish zone.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

36
National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW01

 View Related Documents

Title: Measures To Limit Fishing in the Northwestern Hawaiian Islands

Abstract: This amendment will modify the Bottomfish and Seamount Groundfish Fishery Management Plan (FMP), the

Precious Corals FMP, the Crustaceans FMP, and the Pelagics FMP by implementing regulatory measures that affect the

authorized fisheries managed under those plans. The modification will bring Federal fishery regulations under the MagnusonStevens Act into compliance with the nondiscretionary provisions contained in Proclamation No. 8031, which created the

Papahanaumokuakea Marine National Monument, and further clarify discretionary fishing regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW22

 View Related Documents

Title: Marine Mammal Protection Act Stranding Regulation Revisions

Abstract: The National Marine Fisheries Service (NMFS) is considering changes to its implementing regulations (50 CFR 216)

governing the taking of stranded marine mammals under section 109(h), section 112(c), and title IV of the Marine Mammal

Protection Act and is soliciting public comment to better inform the process. NMFS intends to clarify the requirements and

procedures for responding to stranded marine mammals and for determining the disposition of rehabilitated marine mammals,

which includes the procedures for the placement of nonreleasable animals and for authorizing the retention of releasable

rehabilitated marine mammals for scientific research, enhancement, or public display. This action will be analyzed under the

National Environmental Policy Act with an Environmental Assessment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1379; 16 USC 1382; 16 USC 1421

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 01/31/2008 73 FR 5786 

ANPRM Comment Period End 03/31/2008 

NPRM 12/00/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

37
Regulatory Flexibility Analysis Required: Governmental

Jurisdictions; Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Split From 0648-AV82 Related Agencies: Common: DOC

Agency Contact: David Cottingham Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 Extension: 101 

FAX: 301 713-2521

E-Mail: david.cottingham@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW35

 View Related Documents

Title: Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 16 to the Pelagics Fishery Management

Plan; Framework Process

Abstract: Amendment 16 would revise the management framework process to allow effective and timely implementation of

fishing effort and harvest requirements for pelagic fisheries.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Notice of Availability 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW57

 View Related Documents

Title: Capital Construction Fund; Fishing Vessel Capital Construction Fund Procedures

Abstract: The National Marine Fisheries Service amends the Fishing Vessel Capital Construction Fund (FVCCF) Program

regulations to simplify and clarify them and to ease restrictions on reconstructions to promote fleet safety, reliability, and

efficiency.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Regulations.gov Friday, January 20, 2012 Unified Agenda

38
Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 259 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 46 USC 1177

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Earl Bennett

Program Leader

Department of Commerce

National Oceanic and Atmospheric Administration

SSMC 3, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2390 

FAX: 301 713-1306

E-Mail: earl.bennett@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW74

 View Related Documents

Title: Changes to the Coastal Zone Management Act Program Change Procedures

Abstract: The National Oceanic and Atmospheric Administration takes this action to implement changes to the Coastal Zone

Management Act (CZMA) program, and to change regulations and associated guidance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 923 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1451 to 1465

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 05/20/2008 73 FR 29093 

ANPRM Comment Period End 08/18/2008 

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kerry Kehoe Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-3155 

E-Mail: kerry.kehoe@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW83

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

39
Title: Amendment 4 to the Consolidated Atlantic Highly Migratory Species Fishery Management Plan; Caribbean Amendment

Abstract: This rule would re-evaluate the management measures for commercial and recreational highly migratory species

(HMS) fisheries operating in the U.S. Caribbean. This rulemaking could consider, among other things, changes to existing vessel

permitting requirements, dealer permitting requirements, catch reporting, authorized gear, and quotas. This rulemaking is

necessary to improve permitting of and data collection from vessels operating in the U.S. Caribbean.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 971 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 05/27/2008 73 FR 30381 

Notice of Availability 07/14/2008 73 FR 40301 

Notice of Intent Comment Period End 10/01/2008 

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW89

 View Related Documents

Title: Take and Import of Marine Mammals: Take of Marine Mammals Incidental to Operations of a Liquefied Natural Gas Port

Facility in Massachusetts Bay

Abstract: On February 28, 2008, NMFS received a request from Tetra Tech EC, on behalf of Northeast Gateway Energy

Bridge L.L.C. (Northeast Gateway) for an authorization to take marine mammals by harassment incidental to operation and

maintenance of a liquefied natural gas (LNG) facility in Massachusetts Bay. Since LNG Port operation and maintenance

activities have the potential to take marine mammals, a marine mammal take authorization under the Marine Mammal Protection

Act (MMPA) is warranted. NMFS has already issued a one-year incidental harassment authorization for this activity pursuant to

section 101(a)(5)(D) of the MMPA, which does not require promulgation of regulations. However, since the LNG Port operation

and maintenance activities will be ongoing in the foreseeable future, NMFS proposes regulations pursuant to section

101(a)(5)(A) of the MMPA to govern these incidental takes under a Letter of Authorization for up to five years. Under section

101(a)(5)(A), NMFS also must prescribe mitigation, monitoring, and reporting requirements in its regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

40
Small Entities Affected: Business Federalism: No

Energy Affected: Yes

Agency Contact: Dr. Michael Payne 

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

P.O. Box 21668

Juneau , AK 99802 

Phone: 907 586-7235 

FAX: 301 713-2521

E-Mail: michael.payne@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX36

 View Related Documents

Title: Marine Mammal Protection Act; Petition To Ban Importation of Commercial Fish or Fish Products Caught With

Commercial Fishing Technology That Has Marine Mammal Bycatch

Abstract: NMFS announces receipt of a petition for rulemaking under the Administrative Procedure Act. The Center for

Biological Diversity and Turtle Island Restoration Network, nongovernmental organizations, have petitioned the U.S. Department

of Commerce and other relevant Departments to initiate rulemaking to ban importation of commercial fish or products from fish

that have been caught with commercial fishing technology that results in incidental mortality or serious injury of marine

mammals in excess of United States standards.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Petition for Rulemaking 12/15/2008 73 FR 75988 

Comment Period End 01/29/2009 

Comment Period Reopened 02/04/2009 74 FR 6010 

Comment Period End 03/23/2009 

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Christopher Rogers

Division Chief

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-9090 Extension: 117 

FAX: 301 713-9106

E-Mail: christopher.rogers@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX63

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

41
Title: Trade Monitoring Procedures for Fishery Products

Abstract: The National Marine Fisheries Service (NMFS) revises procedures to monitor international trade in certain fishery

products to meet requirements of the Security and Accountability For Every (SAFE) Port Act, the Magnuson-Stevens Act, other

applicable statutes, and obligations that arise from U.S. participation in regional fishery management organizations. Specifically,

NMFS intends to integrate its trade monitoring programs within the governmentwide International Trade Data System and to

require electronic information collection through the automated Internet portal maintained by Customs and Border Protection.

This rulemaking will consolidate several existing trade permits, and additional seafood commodities will be included under the

consolidated permit requirement. International Trade Permits will be issued electronically through the NOAA Fisheries Service

National Permitting System. A subsequent rulemaking will address the electronic submission of documents for import

transactions.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1385; 16 USC 1826a; 16 USC 971a; 19 USC 1411

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 05/08/2009 74 FR 21615 

ANPRM Comment Period End 08/06/2009 

NPRM 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Christopher Rogers

Division Chief

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-9090 Extension: 117 

FAX: 301 713-9106

E-Mail: christopher.rogers@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX78

 View Related Documents

Title: Revisions to Permit Regulations in the Groundfish, Crab, and Halibut Fisheries in the Exclusive Economic Zone Off

Alaska

Abstract: The rule would change procedures and criteria for surrendering permits and maintaining original copies of permits

onboard a vessel or at a fish processing site. The intent of this action is to provide greater efficiency, flexibility, and clarity to

fishing and processing operations concerning permit conditions and requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679; 50 CFR 679.4; 50 CFR 680; 50 CFR 680.4 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Final Action 05/00/2012 

Regulations.gov Friday, January 20, 2012 Unified Agenda

42
Final Action Effective 06/00/2012 

Additional Information: Author: Patsy A. Bearden; Agency Contact: Robert Mecum

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY06

 View Related Documents

Title: Fisheries Off West Coast States and in the Western Pacific; Klamath River Fall Chinook Salmon Rebuilding Plan

Abstract: This action would adopt a rebuilding plan for the Klamath River fall Chinook salmon (KRFC) stock, which failed to

meet conservation objectives specified in the Fishery Management Plan for the 3-year period 2004 to 2006.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 600 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1854

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Alan Risenhoover

Director, Office of Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

Room 13362, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2334 

FAX: 301 713-0596

E-Mail: alan.risenhoover@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY12

 View Related Documents

Title: Amendment 3 to the Spiny Dogfish Fishery Management Plan

Abstract: The New England and Mid-Atlantic Fishery Management Councils (Councils) announce their intention to prepare, in

cooperation with NMFS, an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act to

Regulations.gov Friday, January 20, 2012 Unified Agenda

43
assess potential effects on the human environment of alternative measures to address several issues regarding the Spiny

Dogfish Fishery Management Plan (FMP). Issues that may be addressed include: Initiating a Research Set-Aside provision;

specifying the spiny dogfish quota and/or possession limits by sex; adding a recreational fishery to the FMP; identifying

commercial quota allocation alternatives; and establishing a limited access fishery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 08/05/2009 74 FR 39063 

Notice of Intent To Prepare an Environmental Impact Statement 08/05/2009 74 FR 30963 

Comment Period End 09/04/2009 

Notice of Intent 05/13/2010 75 FR 26920 

NPRM 11/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: www.nero.noaa.gov

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY22

 View Related Documents

Title: Generic Amendment for Annual Catch Limits

Abstract: The generic amendment is intended to modify five of the Gulf of Mexico Fishery Management Council's Fishery

Management Plans (FMPs). These include FMPs for: Reef Fish Resources, Shrimp, Stone Crab, Coral and Coral Reef

Resources, and Red Drum. NMFS and the Council will develop these Annual Catch Limits (ACLs) in cooperation with the

Scientific and Statistical Committee and the Southeast Fisheries Science Center. NMFS, in collaboration with the Council, will

develop a Draft Environmental Impact Statement to evaluate alternatives and actions for the ACLs. Some examples of these

actions include: Establishing sector-specific ACLs, selecting levels of risk associated with species yields, considering removal or

withdrawal of species from FMPs, and delegating species or species assemblages to state regulators.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 08/04/2009 74 FR 47206 

Notice of Availability 12/00/2011 

NPRM 12/00/2011 

Final Action 02/00/2012 

Regulations.gov Friday, January 20, 2012 Unified Agenda

44
Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY24

 View Related Documents

Title: Fisheries in the Western Pacific; Pelagic Fisheries; American Samoa Longline Limited Entry Permits

Abstract: NMFS takes this action to modify the requirements for participating in the American Samoa limited entry longline

fishery to reopen the application process to allow additional opportunities to apply for permits, consistent with the initial criteria,

and eliminate the minimum landing requirements which are required for permit retention. The action maintains opportunity for

substantial participation by indigenous islanders and other qualified participants in the fishery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulation.gov

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY26

 View Related Documents

Title: Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

Abstract: The purpose of Amendment 14 is to consider catch shares in the Loligo and Illex fisheries and monitoring/mitigation

for river herring bycatch in mackerel, squid, and butterfish (MSB) fisheries.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Regulations.gov Friday, January 20, 2012 Unified Agenda

45
Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 06/09/2010 75 FR 32745 

NPRM 12/00/2011 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY36

 View Related Documents

Title: Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Fishing With Fish Aggregation Devices

Abstract: The Western Pacific Council is amending the Pelagics Fishery Ecosystem Plan (FEP) to (1) define fish aggregating

devices (FADs) as purposefully deployed or instrumented floating objects; (2) require FADs to be registered; and (3) prohibit

purse seine fishing using FADs in the U.S. EEZ of the western Pacific. The objective of this action is to appropriately balance

the needs and concerns of the western Pacific pelagic fishing fleets and associated fishing communities with the conservation of

tuna stocks in the western Pacific.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

46
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY46

 View Related Documents

Title: Fisheries in the Western Pacific; Pelagic Fisheries; Territorial Longline Bigeye Tuna Catch Limit and Allocation

Abstract: This action amends the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP) to establish catch

limits for bigeye tuna caught on longlines for American Samoa, Guam, and the Northern Mariana Islands (collectively, the

territories), provide the territories limited authority under the FEP to allocate longline bigeye catch limits, and establish criteria for

integrating chartered vessels with a territory's domestic fleet. The amendment intends to recognize, implement, and manage the

special provisions and responsibilities of the territories under the Western and Central Pacific Fisheries Commission's

Conservation and Management Measure 2008-01, to reduce fishing mortality of bigeye tuna, while ensuring responsible fishing.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY47

 View Related Documents

Title: Amendment 5 to the Atlantic Herring Fishery Management Plan

Abstract: Amendment 5 to the Atlantic Herring Fishery Management Plan will consider: Catch monitoring programs;

interactions with river herring; access by herring midwater trawl vessels in groundfish closed areas; and interactions with the

mackerel fishery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Supplemental Notice of Intent 12/28/2009 74 FR 68576 

NPRM 05/00/2012 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: Federal; State

Regulations.gov Friday, January 20, 2012 Unified Agenda

47
Federalism: No

Energy Affected: No

Related RINs: Split From 0648-AW75

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY54

 View Related Documents

Title: Designation of Critical Habitat for the North Atlantic Right Whale

Abstract: In June 1970, the northern right whale was listed as endangered under the Endangered Species Conservation Act,

the precursor to the Endangered Species Act (ESA)(35 FR 8495; codified at 50 CFR 17.11). Subsequently, right whales were

listed as endangered under the ESA in 1973, and as depleted under the Marine Mammal Protection Act (MMPA) the same year.

In 1994, NMFS designated critical habitat for the northern right whale, a single species thought at the time to include right

whales in both the north Atlantic and the North Pacific. In 2006, NMFS published a comprehensive right whale status review

that concluded that recent genetic data provided unequivocal support to distinguish three right whale lineages (including the

southern right whale) as separate phylogenetic species (Rosenbaum et al. 2000). Rosenbaum et al. (2000), concluded that the

right whale should be regarded as the following three separate species: (1) The North Atlantic right whale (Eubalaena glacialis)

ranging in the North Atlantic Ocean; (2) the North Pacific right whale (Eubalaena japonica), ranging in the North Pacific Ocean;

and (3) the southern right whale (Eubalaena australis), historically ranging throughout the southern hemisphere's oceans. Based

on these findings, NMFS published a proposed and final determination listing right whales in the North Atlantic and North Pacific

as separate endangered species under the ESA (71 FR 77704, Dec. 27, 2006; 73 FR 12024, Mar. 6, 2008). Based on the new

listing determination, NMFS is required by the ESA to designate critical habitat separately for both the North Atlantic right whale

and the North Pacific right whale. In April 2008, a final critical habitat determination was published for the North Pacific right

whale (73 FR 19000; Apr. 8, 2008). At this time, NMFS is preparing a proposal to designate critical habitat for the North Atlantic

right whale.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 226; 50 CFR 229 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq; 16 USC 1531 to 1543

Legal Deadline: None

Regulatory Plan:

Statement of Need: Under section 4 of the Endangered Species Act, NOAA Fisheries is required to designate critical habitat

for newly listed species.

Legal Basis: Endangered Species Act

Alternatives: Because this rule is presently in the beginning stages of development, no alternatives have been formulated or

analyzed at this time.

Costs and Benefits: Because this rule is presently in the beginning stages of development, no analysis has been completed

at this time to assess costs and benefits.

Risks: Loss of critical habitat for a species listed as protected under the ESA and MMPA, as well as potential loss of right

whales due to habitat loss.

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

48
Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Marta Nammack

Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-1401 Extension: 180 

FAX: 301 427-2523

E-Mail: marta.nammack@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY55

 View Related Documents

Title: Amendment 2 to the FMP for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to

the Reef Fish FMP of Puerto Rico and the U.S. Virgin Islands

Abstract: The Magnuson-Stevens Fishery Conservation and Management Act (MSRA: Pub. L. 94-265), as amended through

January 12, 2007, requires the establishment of annual catch limits (ACLs) and accountability measures (AMs) during 2010 for

all species that are considered to be overfished or undergoing overfishing. The present amendment is being promulgated to

meet those MSRA mandates as well as to establish framework procedures with which to effect future changes to the

management plan and to restructure the fisheries management units for grouper and snapper. Various alternatives are included

in the draft amendment, including maintenance of the status quo for each action as well as various alternatives regarding the

year-sequences used to establish ACLs and the strategies to be employed to account for overages and to respond to needed

changes in management methods.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 12/00/2011 

NPRM 12/00/2011 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AW15; Related to 0648-AX82

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY56

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

49
Title: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 32

Abstract: The main purpose of this amendment is to provide potential alternatives to end overfishing of gag, create a

rebuilding plan for the gag stock that will restore the stock to its maximum sustainable yield level, and to minimize, to the extent

practicable, discards and discard mortality. The amendment also examines adjustments to red grouper annual catch limits and

annual catch targets and determines whether management changes in the red grouper fishery are needed. The accountability

measures adopted in Amendment 30B will also be reviewed for potential revisions. In addition to the typical management tools

used to rebuild an overfished stock, such as bag limits, size limits, and closed seasons, this amendment examines various

ways to meet the Council's goals, including time and area closures, consideration of gear types in the commercial fishery, and,

in the recreational fishery, a keep the first fish regardless of size and a fish-tag program. Other data collection and

accountability measures that will be explored in this document include recreational sector separation of the for-hire and private

fishery, vessel monitoring system, telephone- or web-based reporting system, electronic logbooks, as well as grouper

endorsements pending separation in the for-hire recreational sector.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent to Prepare EIS 02/02/2010 75 FR 5282 

Notice of Availability 12/00/2011 

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY61

 View Related Documents

Title: Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries

Abstract: NMFS is initiating a rulemaking action to reduce injury and mortality to endangered and threatened sea turtles

resulting from incidental take, or bycatch, in trawl fisheries in the Atlantic waters. NMFS will likely address the size of the Turtle

Excluder Device (TED) escape opening currently required in the summer flounder trawl fishery, the definition of a summer

flounder trawler, and the use of TEDs in this fishery; the use of TEDs in the croaker and weakfish flynet, whelk, Atlantic sea

scallop, and calico scallop trawl fisheries of the Atlantic Ocean; and new seasonal and temporal boundaries for TED

requirements. In addition, this rule will address the definition of the Gulf Area applicable to the shrimp trawl fishery in the

southeast Atlantic and Gulf of Mexico. The purpose of the rule is to aid in the protection and recovery of listed sea turtle

populations by reducing mortality in trawl fisheries through the use of TEDs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 200 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 et seq

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

50
Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal; State

Federalism: No

Energy Affected: No

Agency Contact: Alexis Gutierrez

Foreign Affairs Specialist

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 Extension: 158 

FAX: 301 713-4060

E-Mail: alexis.gutierrez@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY72

 View Related Documents

Title: Amendment 10 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic

Abstract: The 2006 Reauthorization of the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) included

a number of changes to improve conservation of managed fishery resources. Included in these changes are requirements that

the Regional Councils must establish both a mechanism for specifying annual catch limits (ACLs) at a level such that

overfishing does not occur in the fishery, and accountability measures (AMs) to correct if overages occur. Accountability

measures are management controls to prevent the ACLs from being exceeded and to correct by either in-season or postseason

measures if they do occur. The Spiny Lobster fishery is jointly managed by the Gulf and South Atlantic Councils. Amendment 10

to the FMP will set ACLs and AMs, review current regulations, and implement reasonable and prudent measures from the

Biological Opinion.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 03/12/2010 75 FR 11843 

Notice of Intent Comment Period End 04/12/2010 

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

51
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY73

 View Related Documents

Title: Comprehensive Annual Catch Limits Amendment to the Fishery Management Plan for the Snapper-Grouper Fishery of

the South Atlantic Region

Abstract: This amendment establishes Annual Catch Limits (ACLs) and Accountability Measures (AMs) for species not

undergoing overfishing, including management measures to reduce the probability that catches will exceed the stocks' ACLs

pursuant to reauthorized Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)

requirements. Actions include removal of species from the South Atlantic Snapper-Grouper Fishery Management Unit;

designating some snapper and grouper species as ecosystem component species; considering multispecies groupings for

specifying ACLs, ACTs, and AMs; specifying allocations among the commercial, recreational, and for-hire sectors for species not

undergoing overfishing; and modifying management measures to limit total mortality to the ACL.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY74

 View Related Documents

Title: Amendment 20 to the Snapper-Grouper Fishery Management Plan of the South Atlantic Region

Abstract: Amendment 20 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region

consists of regulatory actions that focus on modifications to the wreckfish individual transferable quota (ITQ) program, bringing

the program into compliance with the Reauthorized Magnuson-Stevens Fishery Conservation and Management Act (MagnusonStevens Act), and make other administrative, monitoring, and enforcement changes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

52
Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY76

 View Related Documents

Title: Monterey Bay National Marine Sanctuaries Amendments and Corrections

Abstract: In the November 20, 2008, JMPR final rule (73 FR 70488) ONMS published the coordinates for certain zones in the

Monterey Bay National Marine Sanctuary (MBNMS). Since then, several buoys have been moved or failed, and as such, NOAA

is changing the boundary coordinates for these zones. In addition, several other items were not included in the 2008 final

regulations.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1431

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Armor

Legislative, Regulatory, and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY81

 View Related Documents

Title: Amendment To Recover the Administrative Costs of Processing Permit Applications

Abstract: This action amends the fishery management plans of the North Pacific Fishery Management Council and revises

Federal regulations at 50 CFR 679 to recover the administrative costs of processing applications for permits required under

those plans.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

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CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 1853; 16 USC 1854; 16 USC 3631 et seq; 16 USC 773 et seq; PL 108-447

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Final Rule 01/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA15

 View Related Documents

Title: Licensing of Private Land Remote-Sensing Space Systems

Abstract: NOAA's National Environmental Satellite, Data, and Information Service proposes to revise its final rule issued on

April 26, 2006, addressing the licensing of private land remote-sensing space systems. The purpose of this revision is to modify

NOAA's requirements for the licensing, monitoring, and compliance of operators of private land remote-sensing space systems

under title II of the Land Remote Sensing Policy Act of 1992. These modifications are intended to address changes in remote

sensing technology and business practices since the issuance of the final rule. The revision is intended to facilitate the further

development of the U.S. commercial remote-sensing industry, while preserving essential U.S. national security interests and

foreign policy and international obligations.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 15 CFR 960 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 5621 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Jane D'Aguanno

Director Commercial Remote Sensing

Department of Commerce

National Oceanic and Atmospheric Administration

1335 East West Highway

Silver Spring , MD 20910 

Phone: 301 713-3385 Extension: 116 

FAX: 301 713-9209

E-Mail: jane.daguanno@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA21

 View Related Documents

Title: Flower Garden Banks National Marine Sanctuary Boundary Expansion

Abstract: The Office of National Marine Sanctuaries (ONMS) conducted scoping in association with the Management Plan

Review of Flower Garden Banks National Marine Sanctuary (FGBNMS, or sanctuary). Among the actions identified by this

scoping was to expand the sanctuary and apply regulations to the new areas. In order to accomplish this goal, ONMS is

developing a draft environmental impact statement to expand the network of protected areas within the FGBNMS by

incorporating selected reefs and banks in the northwestern Gulf of Mexico for their long-term protection and management. This

action would extend sanctuary regulations currently in place in the FGBNMS, as well as several new regulations, to the

expanded areas.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1439

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Armor

Legislative, Regulatory, and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA24

 View Related Documents

Title: Fagatele Bay National Marine Sanctuary Boundary Expansion

Abstract: NOAA's Office of National Marine Sanctuaries (ONMS) is proposing to revise the regulations for the Fagatele Bay

National Marine Sanctuary (FBNMS). The revisions will modify the restrictions for the FBNMS and add new regulations to

manage several additional geographic areas that are being added to the area of the sanctuary.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1433; 16 USC 1434; 16 USC 1436

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

55
Energy Affected: No

Agency Contact: John Armor

Legislative, Regulatory, and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA34

 View Related Documents

Title: Amendment to Regulations Under the Bottlenose Dolphin Take Reduction Plan

Abstract: Serious injury and mortality of the western North Atlantic bottlenose dolphin stocks incidental to Category I and II

fisheries continue at levels potentially exceeding Potential Biological Removal (PBR) levels, requiring additional management

measures under the Bottlenose Dolphin Take Reduction Plan (BDTRP). Therefore, the this action amends the BDTRP to

reduce serious injury and mortality of bottlenose dolphins in the Virginia pound net fishery (Category II) and mid-Atlantic gillnet

fishery (Category I) in North Carolina, specifically, the spiny dogfish fishery. The need for this action is to ensure the BDTRP

meets its MMPA mandated short- and long-term goals. NMFS will examine a number of management measures, including

consensus recommendations from the Bottlenose Dolphin Take Reduction Team, designed to reduce the incidental mortality or

serious injury of bottlenose dolphins taken in both the Virginia pound net fishery and spiny dogfish fishery in North Carolina to

below PBR, as well as other updates supporting the objectives of the BDTRP.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 229.2; 50 CFR 229.35 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; State

Federalism: Yes

Energy Affected: No

Agency Contact: Stacey Leah Carlson 

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5312 

FAX: 727 824-5309

E-Mail: stacey.carlson@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA36

 View Related Documents

Title: National Appeals Office Rules of Procedure

Abstract: Establishes rules of procedure for a National Appeals Office within the National Oceanic and Atmospheric

Administration, National Marine Fisheries Service. The rules of procedure are intended to establish fair processes for filing,

reviewing, and deciding administrative appeals.

Regulations.gov Friday, January 20, 2012 Unified Agenda

56
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 906 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Eileen Jones

Chief, National Appeals Office

Department of Commerce

National Oceanic and Atmospheric Administration

Room 9552 1315 East West Highway

Silver Spring , MD 20910 

Phone: 301 713-2259 Extension: 155 

FAX: 301 713-1306

E-Mail: eileen.jones@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA41

 View Related Documents

Title: Implementation of the Inter-American Tropical Tuna Commission Resolution Establishing a Program for Transshipments

by Large-Scale Tuna Longline Fishing Vessels in the Eastern Pacific Ocean

Abstract: The rule would implement Inter-American Tropical Tuna Commission (IATTC) Resolution C-08-02 that establishes a

program to monitor transshipments of tuna and tuna-like species by large-scale tuna longline fishing vessels and carrier vessels

in the eastern Pacific Ocean. This rule would impose the following requirements on large-scale (24 meters in length or greater)

longline vessels: (1) Adhere to criteria for transshipping in port; (2) adhere to criteria for transshipping at sea; (3) whether at-sea

or in-port, contact an appropriate Federal official (probably a NMFS official) and obtain prior approval before any transshipment;

and (4) submit a Transshipment Declaration Form after any transshipment. This rule would not be applicable to the

transshipment of fresh fish at sea and would not apply to the transshipment activities other than by large longline vessels.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mark Helvey

Assistant Regional Administrator for Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

501 West Ocean Boulevard

Long Beach , CA 90802 

Phone: 562 980-4040 

FAX: 562 980-4047

Regulations.gov Friday, January 20, 2012 Unified Agenda

57
E-Mail: mark.helvey@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA43

 View Related Documents

Title: Revision to the Maximum Retainable Amounts of Groundfish in the Arrowtooth Flounder Fishery in the Bering Sea and

Aleutian Islands Management Area

Abstract: NMFS proposes to revise the maximum retainable amounts (MRAs) of groundfish using arrowtooth flounder as a

basis species in the Bering Sea and Aleutian Islands management area. This action would increase the MRAs from 0 percent to

20 percent for pollock, Pacific cod, Atka mackerel, Alaska plaice, yellowfin sole, other flatfish, rock sole, flathead sole, and

squid; from 0 percent to 7 percent for Greenland turbot; from 0 percent to 1 percent for sablefish; from 0 percent to 2 percent for

shortraker and rougheye rockfish (combined); from 0 percent to 5 percent for aggregated rockfish; and from 0 percent to 3

percent for other species. These species and species groups are defined in the footnotes to Table 11 to part 679 "BSAI

Retainable Percentages". The intended effect of this action is to reduce regulatory discards of otherwise marketable groundfish

in the arrowtooth flounder fishery. NMFS also proposes revisions to Table 11 to identify Kamchatka flounder as a basis species,

consistent with the annual harvest specifications, and revisions to trawl fishery categories for prohibited species catch

management and groundfish fishing seasons to continue management of Kamchatka flounder identical to arrowtooth flounder.

This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management

Act, the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, and other

applicable law.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-479; PL 94-265

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA50

 View Related Documents

Title: Amendment 6 to the Monkfish Fishery Management Plan

Abstract: The purpose of Amendment 6 to the Monkfish FMP is to consider developing a catch-share management program

for this fishery. This would very likely also involve the development of a referendum for such a program, as required under the

Magnuson-Stevens Fishery Conservation and Management Act.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

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CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent To Prepare an EIS 11/30/2010 75 FR 74005 

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA52

 View Related Documents

Title: Amendment 24 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region

Abstract: The purpose of the amendment is to implement a rebuilding plan for red grouper in the South Atlantic that would

specify annual catch targets and annual catch limits by sector. NMFS notified the Council of the stock status on June 9, 2010;

the Magnuson-Stevens Act specifies that measures must be implemented within 2 years of notification.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 01/03/2011 76 FR 99 

Notice of Intent Comment Period End 02/14/2011 

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA53

 View Related Documents

Title: Amendment 22 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region

Abstract: The purpose of the amendment is to establish a long-term red snapper fishery management program in the South

Atlantic to optimize yield and rebuild the stock, while minimizing socioeconomic impacts. More specifically, these alternatives will

consider the elimination of harvest restrictions on red snapper as the stock increases in biomass.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 01/03/2011 76 FR 101 

Notice of Intent Comment Period End 02/14/2011 

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA55

 View Related Documents

Title: Fisheries Off West Coast States; Amendment 16 to the Salmon Fishery Management Plan

Abstract: This rule implements Amendment 16 to the Salmon Fishery Management Plan (Pacific Fishery Management

Council) to comply with new National Standard 1 Guidelines establishing new requirements to end and prevent overfishing

through the use of annual catch limits (ACLs) and accountability measures (AMs).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1851

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Barry Thom

Regional Administrator, Northwest Region, NMFS

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Department of Commerce

National Oceanic and Atmospheric Administration

Building 1 7600 Sand Point Way NE.

Seattle , WA 48115-0070 

Phone: 206 526-6150 

FAX: 206 526-6426

E-Mail: barry.thom@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA56

 View Related Documents

Title: Federal American Lobster Area 1 Trap Fishery Limited Access Program

Abstract: NOAA Fisheries Northeast Region is preparing a proposed rule and EA to analyze alternatives associated with a

limited access program for the American lobster trap fishery in Area 1, within the Gulf of Maine. The action is prompted by the

recommendations of the Atlantic States Marine Fisheries Commission in Addendum XV to Amendment 3 of the Interstate

Fisheries Management Plan for American Lobster. Addendum XV recommends that access to the Area 1 lobster trap fishery be

restricted to limit the expansion of effort in the lobster trap fishery and rebuild lobster stocks to recommended levels. An ANPR

published in the Federal Register on January 2, 2009, informed the public that NOAA Fisheries is considering taking action in

response to the Commission's recommendations and that publication date could be used as a control date for use in

determining future eligibility for the Area 1 lobster trap fishery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 697 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 5101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AX40

Agency Contact: Bob Ross

Supervisory Fish Management Specialist

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Drive

Gloucester , MA 01921 

Phone: 978 281-9234 

E-Mail: bob.ross@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA59

 View Related Documents

Title: Amendment 21 to the Snapper-Grouper Fishery Management Plan of the South Atlantic Region

Abstract: Amendment 21 examines measures to limit participation in the snapper-grouper fishery, including endorsements, trip

limits, and catch-share programs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

61
Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA60

 View Related Documents

Title: Amendment 5 to the Golden Crab Fishery Management Plan of the South Atlantic

Abstract: Golden Crab Amendment 5 examines alternatives for a catch-share program to limit participation in the golden crab

fishery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA61

 View Related Documents

Title: Amendment 31 to the Fishery Management Plan for the Bering Sea and Aleutian Islands King and Tanner Crabs

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Abstract: Amendment 31 amends the Bering Sea/Aleutian Islands Crab Rationalization Program by revising the active

participation requirements for C share acquisition and use. It would allow C shares to be acquired by an individual who received

an initial allocation of C shares, or an individual who demonstrates participation in the BSAI rationalization crab fisheries during

3 of the 5 seasons immediately preceding implementation of the program. It will also revise the rules governing active

participation requirements of C share holders. To receive an annual allocation of IFQ, a C share holder must have participated

in at least one delivery in a fishery in the 3 seasons preceding the application for IFQ, or have received an initial allocation of C

shares and participated in 30 days of State of Alaska or Alaska Federal fisheries in the 3 seasons preceding the application for

IFQ. This amendment also revokes C shares from holders who do not meet at least one of the active participation criteria: (1)

The holder participated in at least one delivery in one of the rationalized crab fisheries in the preceding 4 years or (2) was an

initial recipient of C shares and participated in at least 30 days of fishing in State or Federal fisheries. No QS will be revoked

before 5 years from implementation of this amendment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 680 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 12/00/2011 

NPRM 12/00/2011 

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA62

 View Related Documents

Title: Comprehensive Annual Catch Limit Amendment for the U.S. Caribbean for Fisheries Not Undergoing Overfishing

Abstract: The Magnuson-Stevens Fishery Conservation and Management Act (MSRA: Pub. L. 94-265), as amended through

January 12, 2007, requires the establishment of annual catch limits (ACLs) and accountability measures (AMs) during 2011 for

those species that are not considered to be overfished or undergoing overfishing. This amendment is being promulgated to meet

those MSRA mandates, as well as to establish framework procedures with which to effect future changes to the management

plan and to restructure the fisheries management units for various species and species groups in the reef fish, lobster, conch,

and corals fishery management plans. Alternatives are included in the draft amendment that provide for maintenance of the

status quo for each action as well as for various modifications as necessary to achieve MSRA mandates.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: 

Action Source Description Date

NPRM Statutory Magnuson-Stevens Act 12/31/2011 

Timetable:

Regulations.gov Friday, January 20, 2012 Unified Agenda

63
Action Date FR Cite

Notice of Intent 01/27/2011 76 FR 4868 

NPRM 12/00/2011 

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA66

 View Related Documents

Title: Implement Recommendations Adopted by the Inter-American Tropical Tuna Commission

Abstract: NMFS proposes regulations under the Tuna Conventions Act of 1950, as amended, to implement decisions of the

Inter-American Tropical Tuna Commission (IATTC). At its 81st meeting, in September 2010, the IATTC adopted the following

three recommendations: (1) Recommendation on Tuna Conservation 2011-2013 (C-10-01); (2) Recommendation on Seabirds

(C-10-02); and (3) Recommendation Prohibiting Fishing on Data Buoys (C-10-03). The United States already has domestic

seabird conservation measures in place for U.S. longline fisheries that operate in the eastern Pacific Ocean (EPO) that satisfy

the requirements under Recommendation C-10-02. Thus, this rule would implement IATTC Recommendations C-10-01 and C10-03. This rule would amend current tuna conservation measures in the longline and purse seine fisheries by (1) reducing the

duration of the purse seine closure period in the EPO from 73 to 62 days in 2011 and continuing this purse seine closure period

in 2012 and 2013; (2) allowing vessel owners to choose between two closure periods each year rather than requiring the entire

U.S. fleet to adhere to one closure period; (3) continuing the 500 metric ton bigeye tuna quota for large-scale longline vessels

for 2011-2013; (4) renewing the tuna retention program in the purse seine fishery; and (5) prohibiting tuna fishing vessels from

fishing within 1 nautical mile of data buoys in the EPO.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 951 to 961; 16 USC 971 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 07/07/2011 76 FR 39808 

ANPRM Comment Period End 07/27/2011 

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Heidi Hermsmeyer

IATTC Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

501 West Ocean Boulevard

Long Beach , CA 90802 

Regulations.gov Friday, January 20, 2012 Unified Agenda

64
Phone: 562 980-4036 

FAX: 562 980-4047

E-Mail: heidi.hermsmeyer@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA73

 View Related Documents

Title: Takes of Marine Mammals Incidental to Specified Activities; Construction of the Knik Arm Crossing, Cook Inlet, Alaska

Abstract: NMFS has received a request from the Knik Arm Bridge Toll Authority, in coordination with the Department of

Transportation Federal Highways Administration, for authorization to take marine mammals incidental to construction of a bridge

across Knik Arm, named the Knik Arm Crossing, Alaska, over the course of 5 construction seasons; approximately spring 2013

through autumn 2017. Authorization for incidental takings may be granted if NMFS finds that the taking will have a negligible

impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for

certain subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring,

and reporting of such taking are set forth.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1371

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dr. Michael Payne 

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

P.O. Box 21668

Juneau , AK 99802 

Phone: 907 586-7235 

FAX: 301 713-2521

E-Mail: michael.payne@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA78

 View Related Documents

Title: Interim Policy Interpreting the Phrase 'Significant Portion of Its Range' in the Endangered Species Act's Definitions

Abstract: The proposed policy interprets the phrase "significant portion of its range" in the Endangered Species Act's definitions

of "endangered species" and "threatened species." The phrase is ambiguous and is not defined in the ESA, and its

interpretation and application have been subject to litigation. The FWS' current interpretation, which NMFS did not adopt, has

been rejected by the court. FWS, therefore, needs to propose an alternative interpretation and seek public review and comment,

and because both agencies implement the ESA, we are doing this jointly so that we will have the same guidance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 424.02 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 et seq

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

65
Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Related Agencies: Joint : FWS

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA82

 View Related Documents

Title: Amendment 41 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs

Abstract: This action would modify the Bering Sea/Aleutian Islands Crab Rationalization Program by establishing a process for

eligible fishery participants to request that NMFS exempt holders of regionally designated Individual Fishing Quota (IFQ) and

Individual Processor Quota (IPQ) in the Bristol Bay red king crab, Bering Sea snow crab, Saint Matthew Island blue king crab,

Eastern Aleutian Islands golden king crab, Western Aleutian Islands red king crab, and Pribilof red and blue king crab fisheries

from regional delivery requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 680 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1862; PL 109-241; PL 109-479

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

NPRM Comment Period End 02/00/2012 

Final Action 07/00/2012 

Final Action Effective 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA84

Regulations.gov Friday, January 20, 2012 Unified Agenda

66
 View Related Documents

Title: Western and Central Pacific Fisheries for Highly Migratory Species; Restrictions on Fishing in Proximity to Data Buoys

Abstract: Pursuant to the Western and Central Pacific Fisheries Convention Implementation Act, the Secretary of Commerce is

authorized to implement regulations to carry out the obligations of the United States under the Western and Central Pacific

Fisheries Convention (Convention), including the implementation of decisions of the Western and Central Pacific Fisheries

Commission (Commission). At its Sixth Regular Session, in December 2009, the Commission adopted a conservation and

management measure (CMM) to restrict fishing on and near data buoys in the Commission's area of competence, CMM 2009-

05 "Conservation and Management Measure Prohibiting Fishing on Data Buoys." This rule would implement the following

provisions of CMM 2009-05: Prohibit Highly Migratory Species (HMS) fishing vessels of the United States, while on the high

seas in the Commission's area of competence, from fishing within 1 nautical mile of a data buoy and from interacting with a data

buoy through activities such as encircling a data buoy with fishing gear, tying up to or attaching the vessel, or any fishing gear,

part, or portion of the fishing vessel, to a data buoy or its mooring, or cutting a data buoy anchor line; prohibit HMS fishing

vessels of the United States from taking on board a data buoy while in the Commission's area of competence; and require HMS

fishing vessels of the United States that become entangled with data buoys while in the Commission's area of competence to

remove the entangled fishing gear with as little damage to the data buoy as possible. This rule would also correct outdated

cross-references to other regulations that are in the existing 50 CFR part 300 subpart O.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 6901 et seq

Legal Deadline: 

Action Source Description Date

NPRM Statutory Rules implementing the WCPFC Implementation Act must be effective as

soon as possible to satisfy the United States' international obligations. 05/15/2011 

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dr. Charles Karnella 

Pacific Islands Area Office

Department of Commerce

National Oceanic and Atmospheric Administration

Suite 1110, 1601 Kapiolani Boulevard

Honolulu , HI 96814-4700 

Phone: 808 973-2985 

FAX: 808 973-2941

E-Mail: charles.karnella@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA85

 View Related Documents

Title: Western and Central Pacific Fisheries for Highly Migratory Species; Requirements for Transshipping and Bunkering,

Notification of Entry and Exit Into High Seas Special Management Area, and Discards

Abstract: Pursuant to the Western and Central Pacific Fisheries Convention Implementation Act, the Secretary of Commerce is

authorized to implement regulations to carry out the obligations of the United States under the Western and Central Pacific

Fisheries Convention (Convention), including the implementation of decisions of the Western and Central Pacific Fisheries

Commission (Commission). At its Sixth Regular Session, in December 2009, the Commission adopted provisions for

transshipments of highly migratory species (HMS) fish in the Commission's area of competence and of HMS fish caught in the

Commission's area of competence but transshipped elsewhere, as well as provisions regarding bunkering and other support

activities with certain vessels and provisions regarding the reporting of discards from purse seine fishing vessels. At its Seventh

Regular Session, in December 2010, the Commission adopted provisions for a high seas special management area. This rule

would implement these decisions adopted by the Commission by establishing the following requirements: Reporting

Regulations.gov Friday, January 20, 2012 Unified Agenda

67
requirements for transshipments of HMS fish in the Commission's area of competence and of fish caught in the Commission's

area of competence but transshipped elsewhere; requirements to provide prior notice of transshipments on the high seas;

requirements to provide notice of emergency transshipments that would otherwise be prohibited; requirements for observer

coverage for transshipments at sea; prohibitions on transshipments and bunkering and other support activities with certain

foreign-flagged vessels; requirements to provide notice before entering and exiting a high seas special management area;

reporting requirements for discards of catch from purse seine vessels; and requirements regarding net sharing between purse

seine vessels.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 6901 et seq

Legal Deadline: 

Action Source Description Date

NPRM Statutory Rules implementing the WCPFC Implementation Act must be effective as

soon as possible to satisfy the United States' international obligations. 05/13/2011 

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dr. Charles Karnella 

Pacific Islands Area Office

Department of Commerce

National Oceanic and Atmospheric Administration

Suite 1110, 1601 Kapiolani Boulevard

Honolulu , HI 96814-4700 

Phone: 808 973-2985 

FAX: 808 973-2941

E-Mail: charles.karnella@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA87

 View Related Documents

Title: Modification of Swordfish Retention Limits for the West Coast Deep-Set Tuna Longline Fishery Under Authority of the

Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species

Abstract: This action would implement the Pacific Fishery Management Council's recommendation to modify HMS FMP

regulations pertaining to possession and landing limits for swordfish captured in the deep-set tuna longline fishery, contingent on

hook type and observer presence. If using J-hooks (tuna hooks), the trip limit would be 10 swordfish. If using circle hooks, the

trip limit would be 25 swordfish. If carrying an observer, there would be no limit. Regulations prohibiting shallow-set longline to

target swordfish would remain in place. The current trip limit is 10, regardless of hook type or observer presence.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660.712 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

68
Energy Affected: No

Agency Contact: Mark Helvey

Assistant Regional Administrator for Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

501 West Ocean Boulevard

Long Beach , CA 90802 

Phone: 562 980-4040 

FAX: 562 980-4047

E-Mail: mark.helvey@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA89

 View Related Documents

Title: Regulatory Amendments To Implement the Shark Conservation Act and Revise the Definition of Illegal, Unreported, and

Unregulated Fishing

Abstract: NMFS is amending identification and certification procedures under the High Seas Driftnet Fishing Moratorium

Protection Act to help achieve shark conservation in international fisheries. NMFS must identify nations whose fishing vessels

have engaged in high seas fisheries targeting or incidentally catching sharks not subject to a regulatory program for the

conservation of sharks comparable to that of the United States, taking into account different conditions, as required under the

Shark Conservation Act (Pub. L. 111-348). NMFS would subsequently certify whether identified nations have adopted regulatory

programs governing the conservation of sharks that are comparable to U.S. programs, taking into account different conditions,

and established management plans for sharks. The absence of sufficient steps may lead to prohibitions on the importation of

certain fisheries products into the United States and other measures. NMFS is also amending the regulatory definition of "illegal,

unreported, and unregulated fishing" under the High Seas Driftnet Fishing Moratorium Protection Act. The procedures for

identification and certification would entail a multilateral approach of consultations and negotiations with other nations to achieve

shark conservation. This action is not expected to have adverse economic impacts, and any such impacts would be well below

the economic threshold of impact pursuant to E.O. 12866. In addition, there are no novel legal or policy issues associated with

this action since identification and certification procedures have already been established in regulations (50 CFR part 300).

However, this action is significant under the meaning of E.O. 12866 because it could lead to trade restrictive measures applied

against foreign nations.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1826d to 1826k

Legal Deadline: 

Action Source Description Date

Other Statutory The rule needs to be published by December 4, 2011, due to the 30-

day delay in effectiveness. 01/04/2012 

Regulatory Plan:

Statement of Need: These regulatory amendments are required to implement the international provisions of the Shark

Conservation Act to identify and certify nations whose vessels are engaged in shark finning and/or fishing for sharks in a

manner that is not consistent with international management efforts. Additionally, this rule would revise the definition of Illegal,

Unreported, and Unregulated (IUU) Fishing in response to comments on a prior rulemaking (0648-AV51) that set out the

regulatory definition of IUU fishing.

Legal Basis: Shark Conservation Act (Pub. L. 111-348) and 16 U.S.C. 1826d to 1826k.

Alternatives: This action is categorically excluded from analysis under the National Environmental Policy Act because the

proposed action is the promulgation of regulations of an administrative, financial, legal, technical, or procedural nature and the

environmental effects of which are too broad, speculative, or conjectural to lend themselves to meaningful analysis and for

which any potential cumulative effects are negligible. Consequently, no alternatives were analyzed.

Costs and Benefits: This action is not expected to have adverse economic impacts, and any such impacts would be well

below the economic threshold of impact pursuant to E.O. 12866. Potential benefits, if any, would be indirect and accrue to

internationally managed fisheries by strengthening Regional Fishery Management Organizations and by restricting U.S. market

access through prohibiting illegally harvested fishery products.

Regulations.gov Friday, January 20, 2012 Unified Agenda

69
Risks: There are no novel legal or policy issues associated with this action since identification and certification procedures

have already been established in regulations (50 CFR part 300). However, this action is significant under the meaning of E.O.

12866 because it could lead to trade restrictive measures applied against foreign nations.

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Christopher Rogers

Division Chief

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-9090 Extension: 117 

FAX: 301 713-9106

E-Mail: christopher.rogers@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA93

 View Related Documents

Title: Removal of Requirements for the Groundfish Retention Standard (GRS) Program in the BSAI

Abstract: This action would remove the minimum groundfish retention standards from the GRS program for the Amendment 80

sector. Specifically, this action would remove from 50 CFR 679.27(j) sections (1) through (4), which requires the owners and

operators of Amendment 80 vessels and any other catcher/processor not listed in 50 CFR 679.4(1)(i) and Amendment 80

cooperatives using trawl gear in the BSAI to comply with the annual minimum groundfish retention standards. The action would

also require the Amendment 80 sector, on an annual basis, to report to the Council its groundfish retention performance. In

addition, while selecting a preferred alternative, the Council made it clear that a third-party audit of the sector's annual

groundfish retention performance should be included in the annual Council report. The Council noted that the performance

standard and results from the third-party audit could be included amongst the other information included in the annual

Amendment 80 cooperative report requirement noted in 50 CFR 679.5(s)(6)(iii). The proposed rule is not intended to change

observer requirements for the Amendment 80 sector or eliminate the requirement to weigh all groundfish on a certified flow

scale; these and other requirements were established under the final rule to implement Amendment 80 and must remain in

effect to ensure proper catch accounting under the quota-based catch-share program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 U.S.C. 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

Regulations.gov Friday, January 20, 2012 Unified Agenda

70
709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA98

 View Related Documents

Title: Fisheries in the Western Pacific; Fishery Management in Three Marine National Monuments

Abstract: The Western Pacific Fishery Management Council will recommend certain management measures related to fishing

in the Marianas Trench Marine National Monument (MNM), the Pacific Remote Islands MNM, and the Rose Atoll MNM in

American Samoa.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 431 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Notice of Availability 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB00

 View Related Documents

Title: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied

Natural Gas Deepwater Port in the Gulf of Mexico

Abstract: On February 1, 2011, the National Marine Fisheries Service (NMFS) received a complete application from Port

Dolphin Energy LLC (Port Dolphin) requesting authorization for the take of two marine mammal species incidental to

construction and operation of a liquefied natural gas (LNG) deepwater port off the Gulf coast of Florida over the course of 5

years, which would necessitate the promulgation of 5-year regulations. Port Dolphin plans to build the LNG Port off the western

coast of Florida, approximately 42 miles (68 km) from Port Manatee, Florida. Once built, Port Dolphin anticipates up to 46

shuttle regasification vessel unloadings per year during the first several years of operation. Noise produced during Port

installation and construction activities and Port operations have the potential to take marine mammals. Port Dolphin requests

authorization to take two cetacean species by Level B harassment only: Atlantic spotted dolphin and bottlenose dolphin. Injury

or mortality is unlikely during the proposed activities, and take by Level A harassment (including injury) or mortality is not

requested in Port Dolphin's application. MARAD and the USCG released a Final EIS for the proposed Port Dolphin LNG

Deepwater Port on July 9, 2009. NMFS was a cooperating agency in the preparation of the Draft and Final EISs. NMFS is still

developing the proposed rule and has not yet reached any preliminary determinations.

Regulations.gov Friday, January 20, 2012 Unified Agenda

71
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 03/01/2011 76 FR 11205 

ANPRM Comment Period End 03/31/2011 

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB01

 View Related Documents

Title: Modifications Marine Mammal Protection Regulations Governing U.S. Navy Training To Allow for Multiyear Letters of

Authorizations

Abstract: Pursuant to section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA) (16 U.S.C. 1361 et seq.), the

National Marine Fisheries Service issued 5-year regulations governing the taking of marine mammals incidental to training

activities conducted by the U.S. Navy on multiple training complexes. These existing regulations allow for the issuance of

annual letters of authorization (LOAs) that authorize the take of multiple species of marine mammals incidental to the Navy's

specified activities. In this proposed modification to these final rules, we would increase flexibility by allowing for the issuance of

multiyear LOAs. For rules in which the permissible types of training activities are strictly defined, we would increase flexibility by

inserting language that will allow for authorization of take incidental to the previously identified activities or similar activities,

provided that the implementation of these changes in LOAs does not result in exceeding the incidental take analyzed and

identified in the final rules. This action will result in greater administrative efficiencies for both NMFS and the Navy, and is not

considered significant.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 218 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dr. Michael Payne 

Fishery Biologist

Department of Commerce

Regulations.gov Friday, January 20, 2012 Unified Agenda

72
National Oceanic and Atmospheric Administration

P.O. Box 21668

Juneau , AK 99802 

Phone: 907 586-7235 

FAX: 301 713-2521

E-Mail: michael.payne@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB02

 View Related Documents

Title: Implement the 2010 Shark Conservation Act Provisions and Other Regulations in the Atlantic Smoothhound Shark

Fishery

Abstract: This rule considers changes in the Atlantic shark fishery to comply with the 2010 Shark Conservation Act.

Additionally, the rule reexamines the overall smoothhound shark quota based upon updated catch data and would implement

measures, as needed, to comply with the Endangered Species Act.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB06

 View Related Documents

Title: To Establish a Voluntary Fishing Capacity Reduction Program in the Longline Catcher Processor Subsector of the Bering

Sea and Aleutian Islands Management Area Non-Pollock Groundfish Fishery

Abstract: This action establishes a second fishing capacity reduction program in the longline catcher processor subsector of

the Bering Sea/Aleutian Islands non-pollock groundfish fishery. The maximum reduction cost is $2,700,000, funded by a loan to

be repaid by landing fees for those participants remaining in the fishery. The program makes payments for relinquishing all

Federal fishing licenses and permits. Participating fishing vessels can never again fish anywhere in the world and must remain

U.S. flagged. Reducing capacity will increase post-reduction harvesters' productivity, financially stabilize the fishery, and help

conserve and manage non-pollock groundfish.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 600 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1279; 46 USC 1279; PL 108-199; PL 108-447

Regulations.gov Friday, January 20, 2012 Unified Agenda

73
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Gary C. Reisner

Director, Office of Management and Budget

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2259 Extension: 139 

FAX: 301 713-1464

E-Mail: gary.reisner@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB09

 View Related Documents

Title: Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest Estimates 2011 to 2013

Abstract: Pursuant to the regulations governing the subsistence taking of northern fur seals, this document summarizes the

annual fur seal subsistence harvests on St. George and St. Paul Islands (the Pribilof Islands) for 2008 to 2010 and proposes

annual estimates of fur seal subsistence needs for 2011 through 2013 on the Pribilof Islands, Alaska. NMFS solicits public

comments on the proposed estimates.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1151 et seq; 16 USC 1361 et seq

Legal Deadline: 

Action Source Description Date

Other Statutory Final Action must be published prior to June 23, 2011. 06/23/2011 

Timetable:

Action Date FR Cite

Notice of Availability 07/29/2011 76 FR 45499 

Comment Period End 08/29/2011 

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

74
National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB10

 View Related Documents

Title: Amendment 11 to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region

Abstract: The purpose of the amendment is to modify regulations pertaining to the deepwater species in order to reduce the

socio-economic effects expected from the regulations in Amendment 17B to the Snapper-Grouper FMP while maintaining or

increasing the biological protection to speckled hind and warsaw grouper in the South Atlantic.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB11

 View Related Documents

Title: Fishing Vessel, Fishing Facility, and Individual Fishing Quota Lending Program Regulations

Abstract: The proposed action provides two new sections to subpart B of 50 CFR 253, the programmatic regulations for the

Fisheries Finance Program (FFP), to implement individual fishing quota (IFQ) loan programs for the Gulf of Mexico red snapper

and grouper-tilefish fisheries. The Gulf of Mexico Fishery Management Council (GMFMC) requested IFQ loan programs for

these fisheries. IFQ lending is authorized under what was formerly known as title XI of the Merchant Marine Act, codified at 46

U.S.C. 53701, et seq., and the Magnuson-Stevens Fishery Conservation and Management Act (MSA), at 16 U.S.C. 1853a(g).

The FFP collects loan principal, interest, and fees in order to repay monies borrowed from the U.S. Treasury, and current IFQ

lending maintains a negative subsidy under the Federal Credit Reform Act. Additionally, FFP maintains fixed interest rates that

are comparable to those of private sector lenders; however, the FFP allows borrowers to prepay without penalty and may carry

longer repayment periods that are more advantageous to borrowers. The proposed action provides guidance and policy required

to implement red snapper and grouper-tilefish IFQ lending. It does not change general FFP eligibility or lending criteria. FFP

applicants must continue to demonstrate that they have the required licenses or permits and that they will continue to comply

with all applicable fisheries management measures. The FFP performs due diligence investigations that check credit histories,

fisheries violations records, criminal backgrounds, among others, to insure borrowers use FFP loans to operate legally and in an

environmentally sound manner. FFP IFQ loans provide funding for the purchase and refinancing the purchase of IFQ. IFQ loans

are available to entry level fishermen and fishermen who fish from small vessels. Lending provides IFQ buyers and seller with a

means to enter and exit IFQ fisheries. FFP lending does not affect catch levels or the environmental effects of fishing.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 253 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1853 et seq; 46 USC 53701 et seq

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

75
Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gary C. Reisner

Director, Office of Management and Budget

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2259 Extension: 139 

FAX: 301 713-1464

E-Mail: gary.reisner@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB16

 View Related Documents

Title: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Columbia River Crossing Project,

Washington and Oregon

Abstract: On November 22, 2010, NMFS received a complete application from Columbia River Crossing (CRC)--a joint project

of the Oregon and Washington State Departments of Transportation, in collaboration with the U.S. Department of

Transportation--requesting authorization the taking of three species of marine mammal incidental to construction and demolition

activities in the Columbia River and North Portland Harbor, Washington and Oregon. Portions of the project are anticipated to

potentially last until March 2021; CRC has requested regulations to be effective for a period of 5 years from approximately July

2013 through June 2018. Marine mammals would be exposed to various operations, including pile driving, demolition of existing

structures, and the presence of construction-related vessels. Because the specified activities have the potential to take marine

mammals present within the action area, CRC requests authorization to take, by Level B harassment only, Steller sea lions,

California sea lions, and harbor seals. Injury or mortality is unlikely during the proposed activities, and take by Level A

harassment (including injury) or mortality is not requested in CRC's application. CRC released a Draft EIS for the proposed

project on May 2, 2008. A Final EIS is scheduled for release in 2011. NMFS is not a cooperating agency in the preparation of

the EIS, and will prepare a separate Environmental Assessment on the issuance of Letters of Authorization. NMFS is still

developing the proposed rule and has not yet reached any preliminary determinations.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

76
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB17

 View Related Documents

Title: Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Cost Recovery

Program

Abstract: This rulemaking would implement a Cost Recovery Program for the Pacific Coast Groundfish Trawl Rationalization

Program (TRAT). In accordance with the Magnuson-Stevens Fishery Conservation and Management Act (MSA) 16 U.S.C.

1853a MSA 303A(d)(2), the Secretary of Commerce is authorized to collect a fee to recover the actual costs directly related to

the management, data collection, and enforcement of any limited access privilege program (LAPP), up to 3 percent of the exvessel value of the fish harvested under the LAPP. The Pacific Fishery Management Council (Council) recommended and

NMFS approved Amendment 20 to the Pacific Coast Groundfish Fishery Management Plan (FMP) in 2010, which

acknowledged the MSA requirement for a Cost Recovery Program (Appendix E to the FMP). NMFS implemented most of the

Trawl Rationalization Program in January 2011 with notice that the design and implementation of a Cost Recovery Program

would follow.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660.140e8; 50 CFR 660.150d5; 50 CFR 660.160d5 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 16 USC 1853a

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AX98; Related to 0648-AY68

Agency Contact: Frank Lockhart

Program Analyst

Department of Commerce

National Oceanic and Atmospheric Administration

7600 Sand Point Way NE.

Seattle , WA 98115 

Phone: 206 526-6142 

FAX: 206 526-6736

E-Mail: frank.lockhart@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB20

 View Related Documents

Title: North American Right Whales; Continuation of Vessel Speed Restrictions To Reduce Right Whale Deaths From Ship

Strikes

Abstract: NMFS proposes to eliminate an expiration requirement currently contained in vessel speed restrictions designed to

reduce the likelihood of vessel collisions with North Atlantic right whales. The regulations require speed restrictions of no more

than 10 knots applying to all vessels 65 ft (19.8 m) or greater in overall length in certain locations and at certain times of the

year along the east coast of the U.S. Atlantic seaboard. The rule is currently set to expire December 9, 2013. NMFS seeks

public comment on the proposed rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Regulations.gov Friday, January 20, 2012 Unified Agenda

77
Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 224 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq; 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: Federal

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB22

 View Related Documents

Title: Regulatory Amendment to the Gulf of Mexico Reef Fish Fishery Management Plan To Increase the Total Allowable

Catch for Red Grouper

Abstract: The 2009 update stock assessment of the red grouper stock indicated that, although the stock continues to be

neither overfished nor undergoing overfishing, the stock has declined since 2005. This decline was attributed to a 2005 episodic

mortality event resulting in a little over 20 percent of the red grouper stock being killed, in addition to normal natural and fishing

mortalities. Therefore, there is a need to improve the stock condition to a level where, at equilibrium, the stock can be

harvested at optimum yield. A 2010 framework action set the 2011 total allowable catch (TAC) consistent with the findings of the

assessment. A rerun of the assessment was subsequently conducted that included landings data through 2010. Because of

lower than predicted landings, the rerun of the assessment supported increasing the 2011 TAC from 5.68 to 6.88 million

pounds. The first action of this framework action is to consider increasing the 2011 TAC and setting the TAC for at least 2012

consistent with the results of the update assessment. This increase would provide more fish for harvest by the commercial

sector through a quota increase. A second action is to consider increasing the red grouper bag limit for the recreational sector

so it can harvest its allocation of the TAC. Alternatives considered in this framework action are consistent with the goals and

objectives of the Council's reef fish management strategy and achieve the mandates of the Magnuson-Stevens Fishery

Conservation and Management Act.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AY56

Regulations.gov Friday, January 20, 2012 Unified Agenda

78
Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB23

 View Related Documents

Title: Highly Migratory Species Fishing Vessel Notification Requirements for Carrying Observers

Abstract: NMFS proposes modifications to Highly Migratory Species (HMS) Fishery Management Plan (FMP) pre-trip

notification regulations codified at 660.712(f). The regulations currently require longline vessel operators to notify NMFS 24

hours prior to departing on a fishing trip. This notification requirement is in place to give NMFS time to place observers on

longline vessels. NMFS proposes to modify this requirement to a 72 hour notice in order to have adequate time for observer

placement. The rulemaking also proposes to modify the HMS FMP observer regulations codified at 660.719. Currently, only

longline vessel operators have a pre-trip notification requirement. NMFS proposes to require pre-trip notifications for all other

gear types covered by the HMS FMP. This would allow for adequate time to place observers on HMS vessels and help NMFS

attain observer coverage level goals. Adequate pre-trip notifications would also help vessel operators avoid the inconvenience

of having to remain in port for an extended period while waiting for an observer to arrive at the vessel. Pre-trip notifications

would be required for each gear upon annual notice by the agency, so only observed fisheries would be required to give pre-trip

notification to NMFS or its designated observer service provider each year.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Mark Helvey

Assistant Regional Administrator for Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

501 West Ocean Boulevard

Long Beach , CA 90802 

Phone: 562 980-4040 

FAX: 562 980-4047

E-Mail: mark.helvey@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB24

 View Related Documents

Title: Amendment 93 To Implement Chinook Salmon Prohibited Species Catch Limits in the Gulf of Alaska Pollock Fishery

Abstract: This action would limit Chinook salmon prohibited species catch (PSC) and increase monitoring in the Gulf of Alaska

(GOA) pollock fishery. A 25,000 lb Chinook salmon PSC annual limit would be apportioned between the GOA Central and

Regulations.gov Friday, January 20, 2012 Unified Agenda

79
Western Regulatory Areas, with a 18,316 lb Chinook salmon PSC limit in the Central Regulatory Area and a 6,684 lb Chinook

salmon PSC limit in the Western Regulatory Area. If the PSC limit is reached in a regulatory area, that pollock fishery would be

closed. To provide better information on the quantity and source of salmon incidentally caught in the pollock fishery, this action

also would increase observer coverage on vessels less than 60 feet in length overall and require full retention of salmon.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 3631 et seq; 16 USC 773 et seq; 16 USC 1801 et seq; PL 108-199; 118 Stat 110

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Final Rule 08/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB26

 View Related Documents

Title: Implementation of Comprehensive Ecosystem Based Amendment 2

Abstract: This CE-BA 2 proposes to specify the annual catch limit (ACL) for octocorals in the South Atlantic region. The South

Atlantic Council is considering modifying the fishery management unit (FMU) for octocorals under the Fishery Management Plan

for Coral, Coral Reefs, Live/Hardbottom Habitats of the South Atlantic Region (Coral FMP) to specify that octocorals are

included in the exclusive economic zone off of North Carolina, South Carolina, and Georgia. As a result of potentially reducing

the management unit for octocorals, the South Atlantic Council is also considering an action to set the ACL at zero. CE-BA 2

would amend the Snapper Grouper FMP and FMP for the Coastal Migratory Pelagic Resources in the Atlantic and Gulf of

Mexico to require that harvest (with the use of all non-prohibited fishing gear) and possession of snapper grouper and coastal

migratory pelagic managed species in South Carolina SMZs be limited to the recreational bag limit. An action to modify sea

turtle and smalltooth sawfish release gear requirements for the snapper grouper fishery is also included in CE-BA 2. This

amendment would amend Council FMPs as needed to designate new or modify existing EFH and EFH-HAPCs.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

80
Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB27

 View Related Documents

Title: Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2012

Specifications and Management Measures and FMP Amendment 16-5

Abstract: This action will implement a revised version of Amendment 16-5 that is being prepared as a Secretarial Amendment

to the FMP pursuant to section 304(c) of the MSA. A Secretarial Amendment is necessary because the Council at its June 2011

meeting chose not to resubmit Amendment 16-5 and instead allowed NMFS to take action to develop and adopt the

amendment. While a Secretarial Amendment is rare, the substance of this Amendment is routine. NMFS intends to make only

minor changes to the original Amendment 16-5 that was submitted by the Council to NMFS; these changes are consistent with

the rebuilding plans, flatfish reference points, and catch levels established in the 2011 final rule. (75 FR 27508, May 11, 2011).

The specifications and management measures that would be forwarded by this action would be in effect from January 1, 2012,

through December 31, 2012.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sarah Joy McAvinchey 

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

7600 Sand Point Way NE. Building 1

Seattle , WA 98115 

Phone: 206 526-4323 

FAX: 206 526-6736

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB28

 View Related Documents

Title: 2012 Specifications and Management Measures for the Atlantic Mackerel, Squid, and Butterfish Fishery Management

Plan

Abstract: This action establishes specifications and management measures for the 2012 fishing year for Atlantic Mackerel,

Squid, and Butterfish (MSB). This is the first year that the specifications are being recommended for Atlantic mackerel and

butterfish under the provisions of the Council's Annual Catch Limit and Accountability Measure (ACL/AM) Omnibus Amendment,

for which a proposed rule was published on June 17, 2011 (76 FR 35578). Illex squid and Loligo squid are exempt from these

Regulations.gov Friday, January 20, 2012 Unified Agenda

81
requirements because they have a life cycle of less than 1 year. This is also the first year that the Council adopted a 3-year

recommendation for specifications for both squid species, subject to annual review. Compared to 2011 quotas, the Illex quota is

decreased by 2 percent, the Loligo quota is increased by 13 percent, the mackerel quota is decreased by 28 percent, the

butterfish quota is increased by 117 percent, and the butterfish mortality cap is increased by 70 percent.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648.25 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Aja Peters-Mason Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Drive

Gloucester , MA 01930 

Phone: 978 281-9195 

E-Mail: aja.peters-mason@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB29

 View Related Documents

Title: Atlantic Highly Migratory Species; Atlantic Shark Management Measures

Abstract: This rulemaking would evaluate the management measures for several shark species based on recent shark stock

assessments. The rulemaking could consider, among other things, a range of commercial and recreational management

measures in both directed and incidental shark fisheries including, but not limited to: quota levels, regional and seasonal quotas,

retention limits, gear modifications, and time/area closures. In addition, this rulemaking would implement a rebuilding plan for

scalloped hammerhead sharks, as NMFS recently determined that scalloped hammerhead sharks are overfished with

overfishing occurring (April 28, 2011, 76 FR 23794) based on a stock assessment adopted in 2011 for this species. Sandbar,

dusky, and blacknose sharks are currently being assessed with the final results expected to be released in mid-2011. Based on

the results of these assessments, NMFS may need to re-evaluate current management measures for these species.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 971 et seq

Legal Deadline: NMFS must implement a plan to rebuild overfished stocks within 2 years of stock status determination in

accordance with 16 U.S.C.1854(e)(3)–(4) as implemented by 50 CFR 600.310(j)(2)(ii); scalloped hammerhead sharks were

determined to be overfished on 4/28/2011.

Action Source Description Date

Other Statutory Must implement plan to rebuild stocks within 2 years of stock status

determination. 04/23/2013 

Timetable:

Action Date FR Cite

NPRM 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

82
Agency Contact: Emily Menashes 

Acting Director, Office of Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2234 

E-Mail: emily.menashes@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB30

 View Related Documents

Title: Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget

Sound Steelhead

Abstract: We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat under the Endangered

Species Act (ESA) for the lower Columbia River coho salmon and the Puget Sound steelhead distinct population segments

(DPS). The proposed areas include freshwater streams and estuarine habitats in Puget Sound, the Strait of Juan de Fuca, SW

Washington, and NW Oregon. This proposed rule will seek comments and any additional information on the areas proposed for

designation and our evaluation of areas that may warrant exclusion from the designation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: Undetermined Unfunded Mandates: No

CFR Citation: 50 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 to 1544

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; Local; State; Tribal

Federalism: No

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB33

 View Related Documents

Title: Amendment 18 to the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Gulf of Mexico and

Atlantic Region

Abstract: In 2006 the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) was re-authorized and

included a number of changes to improve conservation of managed fishery resources. Included in these changes are

requirements that the Regional Councils must establish both a mechanism for specifying Annual Catch Limits (ACLs) at a level

such that overfishing does not occur in the fishery, and Accountability Measures (AMs) to correct if overages occur.

Accountability measures are management controls to prevent the ACLs from being exceeded and to correct by either in-season

or post-season measures if they do occur. The coastal migratory pelagics fishery is jointly managed by the Gulf and South

Atlantic Councils. The Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) are currently considering

regulatory action needed to set annual catch limits and accountability measures as required by the Magnuson-Stevens Fishery

Regulations.gov Friday, January 20, 2012 Unified Agenda

83
Conservation and Management Act. In addition, the Councils are addressing actions and alternatives to remove several coastal

migratory pelagic species from the FMP, update the framework procedure, establish migratory groups for cobia, and redefine

biological reference points.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB34

 View Related Documents

Title: Amendment 17 to the Northeast Multispecies Fishery Management Plan

Abstract: This action would implement Amendment 17 to the Northeast Multispecies Fishery Management Plan by relieving

state fishery management agencies operating NOAA-sponsored permit banks from the current requirement to either form or join

an approved groundfish sector in order to transfer groundfish annual catch entitlement to other sectors. This is an administrative

change that only affects the procedures such NOAA-sponsored, state-operated permit banks must follow in order to operate.

This action would reduce the administrative complexities for states operating NOAA-sponsored permit banks, and promote the

effective and efficient operation of such permit banks.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Regulations.gov Friday, January 20, 2012 Unified Agenda

84
Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB35

 View Related Documents

Title: Rule To Create an Exempted Fishery for the Southern New England Skate Bait Fishery

Abstract: The National Marine Fisheries Service (NMFS) is proposing to exempt the targeted skate bait fishery in Southern

New England from the requirement of using groundfish days-at-sea and/or being on a declared groundfish sector trip from July

through October. This Federal Register document will reference the Environmental Assessment that NMFS has drafted

regarding this exemption and will open the proposed exemption for public comment.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB36

 View Related Documents

Title: Atlantic Highly Migratory Species; 2012 Atlantic Shark Quota Specifications

Abstract: This rule would adjust quotas and opening dates for the 2012 fishing season for Large Coastal Sharks (LCS), Small

Coastal Sharks (SCS), and pelagic sharks managed by the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery

Management Plan (FMP) and its amendments. These measures are necessary to ensure that quotas are based upon the most

recent landings information and to account for over- or underharvests from the 2011 fishing season. NMFS will use previously

implemented adaptive management measures regarding season openings and inseason actions to provide, to the extent

practicable, fishing opportunities for commercial shark fishermen in all regions and areas.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

85
Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB37

 View Related Documents

Title: Amendment and Updates to the Bottlenose Dolphin Take Reduction Plan

Abstract: Serious injury and mortality of the Western North Atlantic bottlenose dolphin stocks incidental to Category I and II

fisheries continue at levels potentially exceeding Potential Biological Removal (PBR) levels, requiring additional management

measures under the Bottlenose Dolphin Take Reduction Plan (BDTRP). Therefore, the purpose of the proposed actions is to

amend the BDTRP to reduce serious injury and mortality of bottlenose dolphins in the Virginia pound net fishery (Category II).

The need for the proposed action is to ensure the BDTRP meets its MMPA mandated short- and long-term goals. NMFS will

examine a number of management measures, including consensus recommendations from the Bottlenose Dolphin Take

Reduction Team, designed to reduce the incidental mortality or serious injury of bottlenose dolphins taken in the Virginia pound

net fishery to below PBR.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 229.2; 50 CFR 229.35 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 et seq; 16 U S C1361 et seq

Legal Deadline: 

Action Source Description Date

NPRM Statutory No deadline dates because this action is an amendment 

Timetable:

Action Date FR Cite

NPRM 02/00/2012 

Final Action 06/00/2012 

Final Rule Effective 07/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State

Federalism: Undetermined

Energy Affected: No

Related RINs: Split From 0648-BA34

Agency Contact: Melissa Andersen

Fishery Biologist, Management

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 Extension: 173 

FAX: 301 713-2521

E-Mail: melissa.andersen@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB38

 View Related Documents

Title: Taking Marine Mammals Incidental To Conducting Geological and Geophysical Exploration of Mineral and Energy

Resources on the Outer Continental Shelf in the Gulf of Mexico

Abstract: On April 18, 2011, the National Marine Fisheries Service (NMFS) received an application from the U.S. Department

of the Interior (DOI), Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE), formerly Minerals

Management Service (MMS), for the promulgation of regulations and subsequent issuance of Letters of Authorization (LOAs) to

take marine mammals incidental to oil and gas industry sponsored seismic surveys for purposes of geological and geophysical

(G&G) exploration on the Outer Continental Shelf (OCS) in the Gulf of Mexico from approximately 2012 through 2017. The

requested regulations would establish a framework for authorizing incidental take in future LOAs. These LOAs, if approved,

would authorize the take, by Level A (injury) and Level B (behavioral) harassment, of 21 species of cetaceans (20 odontocetes

and 1 mysticete) incidental to seismic surveys for purposes of G&G exploration on the OCS in the GOM. BOEMRE states that

underwater noise associated with sound sources (i.e., airguns, boomers, sparkers, and chirpers) may expose marine mammals

in the area to noise and pressure resulting in behavioral disturbance or temporary or permanent loss of hearing sensitivity.

NMFS published a revised notice of receipt in the Federal Register on June 14, 2011 (76 FR 34656).

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule

Major: Yes Unfunded Mandates: No

CFR Citation: 50 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: Yes

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB39

 View Related Documents

Title: Secretarial Amendment to Northeast Multispecies Fishery Management Plan to Establish ACLs and AMs for the Small

Mesh Fishery

Abstract: This action is required to bring the small mesh fisheries, a subset of the Northeast Multispecies Fishery Management

Plan, into compliance with the Magnuson-Stevens Act and establish annual catch limits and accountability measures before the

end of the 2011 fishing year. The New England Fishery Management Council is developing Amendment 19 to achieve this;

however, it will not be completed until fall of 2012.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

87
Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB40

 View Related Documents

Title: Changes to Vessel Replacement and Upgrade Provisions for Fishing Vessels Issued Northeast Limited Access Federal

Fishery Permits

Abstract: NMFS, in coordination with the Atlantic States Marine Fisheries Commission and with the New England and MidAtlantic Fishery Management Councils, is considering changes to the current system of regulations that limit the potential size of

a replacement fishing vessel. The intent of this action is to reduce the regulatory and financial burden on the fishing industry.

Specific changes to the regulations have not yet been determined. The initial step of this action is to solicit public comment on

the burden of the current regulations and accept suggestions for changes that might be considered. Any potential changes

would need to be developed and analyzed through the Fishery Management Plan amendment process in both Councils.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB41

Regulations.gov Friday, January 20, 2012 Unified Agenda

88
 View Related Documents

Title: 12-Month Finding on Petitions To Remove the Eastern Distinct Population Segment of the Steller Sea Lion From the

Federal List of Endangered and Threatened Wildlife; De-list

Abstract: We, NMFS, have completed a comprehensive status review of the eastern DPS of Steller sea lion (Eumetopias

jubatus) under the Endangered Species Act (ESA). Based on the findings from the status review and consideration of the

factors affecting this species, we have concluded the eastern DPS, as currently identified, meets the definition of a DPS under

the ESA. Based on consideration of information presented in the status review, an assessment of the factors in section 4 (a)(1)

of the ESA, and efforts being made to protect the species, we have determined that this DPS is not in danger of extinction or

likely to become endangered throughout all or a significant portion of its range in the foreseeable future. Thus, it no longer

meets the definition of threatened under the ESA. It has met the objective, measurable recovery criteria established for this

DPS in the 2008 Recovery Plan. We conclude that the eastern DPS of Steller sea lion should be removed from the Federal List

of Endangered and Threatened Wildlife because (reason given as per 50 CFR 424.11) it has met the recovery criteria

established in the Recovery Plan (NMFS 2008a); that is, it has recovered. Thus, we find that the action requested by the

petitioners in the two petitions, that this species be de-listed, is warranted. Accordingly, we are now issuing a proposed rule to

remove the eastern DPS of Steller sea lion from the List of Endangered and Threatened Wildlife. We solicit comments on this

proposed action. At this time, we do not propose to modify the current designation of critical habitat for the Steller sea lion until

we have an opportunity evaluate potential effects of such modification on the western DPS of Steller sea lion.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 223; 50 CFR 227; 50 CFR 424 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 et seq

Legal Deadline: 

Action Source Description Date

Other Statutory Statutory Final 08/31/2011 

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB42

 View Related Documents

Title: Alaska Groundfish Observer Program Restructuring

Abstract: NMFS proposes regulations to implement Amendment 86 to the Fishery Management Plan (FMP) for Groundfish of

the Bering Sea and Aleutian Islands Management Area (BSAI) and Amendment 76 to the FMP for Groundfish of the Gulf of

Alaska (GOA), (collectively referred to as "the FMPs"). If approved, Amendments 86 and 76 would add a restructured service

delivery model (the funding and deployment mechanisms for observer coverage) to the existing North Pacific Groundfish

Observer Program (Observer Program) and amend existing observer coverage requirements for vessels and processing plants

at 50 CFR 679.50. The new service delivery model would allow NMFS to determine when and where to deploy observers

according to management and conservation needs, with funds provided through a system of fees based on the retained value of

groundfish and halibut in fisheries covered by the new model.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Final Action 08/00/2012 

Final Action Effective 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB44

 View Related Documents

Title: Amendment 11 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic

Abstract: The Spiny Lobster fishery is jointly managed by the Gulf and South Atlantic Councils. Amendment 11 to the Fishery

Management Plan (FMP) will implement reasonable and prudent measures from the 2009 Biological Opinion. The actions

include establishment of trap line marking requirements and closed areas to protect Acropora coral species. These actions were

originally included in Amendment 10 to the FMP; however, the Councils chose to take no action at that time to allow for

additional stakeholder input.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 640 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

90
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB45

 View Related Documents

Title: Fisheries in the Western Pacific; Changes to American Samoa Large Vessel Prohibited Areas

Abstract: The Western Pacific Council recommends adjusting the boundaries of the large vessel prohibited area around

Tutuila, Manua Islands, and Rose Atoll to align with the boundaries of the Rose Atoll Marine National Monument.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB51

 View Related Documents

Title: Framework 23 to the Atlantic Sea Scallop Fishery Management Plan

Abstract: The purpose of Framework 23 is to address four specific issues identified by the public and the Council to improve

the overall effectiveness of the Scallop Fishery Management Plan. The need is to develop measures to minimize impacts on

sea turtles through the requirement of a turtle deflector dredge; improve the effectiveness of the accountability measures

adopted under Scallop Amendment 15 for the yellowtail flounder sub annual catch limit; consider specific changes to the general

category Northern Gulf of Maine management program to address potential inconsistencies, and to consider modifications to the

vessel monitoring system to improve fleet operations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq.

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

91
Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AU01

 View Related Documents

Title: Resource Agency Hearings and Alternatives Development Procedures in Hydropower Licenses

Abstract: The Departments of Agriculture, the Interior, and Commerce are jointly revising the procedures they established in

November 2005 for expedited trial-type hearings required by the Energy Policy Act of 2005 (EPAct). The hearings are conducted

to resolve disputed issues of material fact with respect to conditions or prescriptions that one or more of the Departments

develop for inclusion in a hydropower license issued by the Federal Energy Regulatory Commission (FERC) under the Federal

Power Act (FPA). The three Departments are also revising the procedures they established in November 2005 for the

consideration of alternative conditions and prescriptions submitted by any party to a license proceeding, pursuant to EPAct.

Three substantially similar rules are being promulgated--one for each agency--with a common preamble. The rules and

preamble reflect changes to the Department's November 2005 interim final rules in response to public comments and the

Department's own experience in implementing the interim final rules. This rule is required by statute (EPAct) and, thus,

consideration of alternatives is neither proper nor warranted.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 221 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 797(e); 16 USC 791(a); 16 USC 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 11/17/2005 70 FR 69804 

Interim Final Rule Comment Period End 01/17/2006 

2nd Interim Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0596-AC42; Related to 1094-AA51 Related Agencies: Joint: OHA; Joint: USDA

Agency Contact: Melanie Harris

Marine Habitat Resource Specialist

Department of Commerce

National Oceanic and Atmospheric Administration

NMFS, Office of Habitat Conservation 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-4300 Extension: 154 

FAX: 301 713-4305

E-Mail: melanie.harris@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV33

 View Related Documents

Title: Amending Regulations for the Pacific Halibut, Sablefish, and Pollock Fisheries Conducted Under the Western Alaska

Regulations.gov Friday, January 20, 2012 Unified Agenda

92
Community Development Quota (CDQ) Program

Abstract: NMFS proposes to amend regulations that govern fisheries managed under the Western Alaska Community

Development Quota (CDQ) Program. These revisions are needed to comply with certain changes made to the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act) in 2006. Proposed changes include revising

regulations associated with recordkeeping, vessel licensing, catch retention requirements, and fisheries observer requirements to

ensure that they are no more restrictive than the regulations in effect for comparable non-CDQ fisheries managed under

individual fishing quotas or cooperative allocations. In addition, NMFS proposes to remove CDQ Program regulations that now

are inconsistent with the Magnuson-Stevens Act, including regulations associated with the CDQ allocation process, transfer of

groundfish CDQ and halibut prohibited species quota, and the oversight of CDQ groups' expenditures.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679; 50 CFR 680 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 773 et seq; 16 USC 3631 et seq; PL 108-447

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/13/2010 75 FR 39892 

NPRM Comment Period End 08/12/2010 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV53

 View Related Documents

Title: Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) Environmental Review

Procedure

Abstract: Section 107 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) (Pub. L.

109-479) requires NOAA Fisheries to revise and update Agency procedures for complying with the National Environmental

Policy Act (NEPA) in context of fishery management actions. It further requires that NOAA Fisheries consult with the Council on

Environmental Quality (CEQ) and the Regional Fishery Management Councils (Councils), and involve the public in the

development of the revised procedures. The MSRA provides that the resulting procedures will be the sole environmental impact

assessment procedure for fishery management actions, and that they must conform to the time lines for review and approval of

fishery management plans and plan amendments. They must also integrate applicable environmental analytical procedures,

including the time frames for public input, with the procedure for the preparation and dissemination of fishery management

plans, plan amendments, and other actions taken or approved pursuant to this Act in order to provide for timely, clear, and

concise analysis that is useful to decision makers and the public, reduce extraneous paperwork, and effectively involve the

public. This rule would revise and update the NMFS procedures for complying with NEPA in the context of fishery management

actions developed pursuant to MSRA.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 700 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: 

Regulations.gov Friday, January 20, 2012 Unified Agenda

93
Action Source Description Date

NPRM Statutory Propose revised procedures under MMPA 01/16/2008 

Other Statutory Submission of final rule 01/11/2009 

Timetable:

Action Date FR Cite

NPRM 05/14/2008 73 FR 27998 

NPRM Comment Period End 06/13/2008 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Steve Leathery Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2239 

E-Mail: steve.leathery@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV88

 View Related Documents

Title: Research-Only Area in the Gray's Reef National Marine Sanctuary

Abstract: This rulemaking would establish a research-only area in the Gray's Reef National Marine Sanctuary based on the

recommendations of the sanctuary advisory council. An area that is available primarily for research in the Sanctuary will provide

scientists with a control area useful for the comparison of natural processes with human-induced change in the sanctuary.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1434; 16 USC 1439

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/14/2010 75 FR 55692 

NPRM Comment Period End 12/13/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: George Sedberry Department of Commerce

National Oceanic and Atmospheric Administration

10 Ocean Science Circle

Savannah , GA 31411 

Phone: 912 598-2439 

E-Mail: george.sedberry@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW38

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

94
Title: Magnuson-Stevens Fishery Conservation and Management Act Provisions and Interjurisdictional Fisheries Act Disaster

Assistance Programs

Abstract: In accordance with the Magnuson-Stevens Fishery Conservation and Management Act (MSA), as amended, and the

Interjurisdictional Fisheries Act (IFA), the National Marine Fisheries Service (NMFS) proposes regulations to govern the

application for and determination of commercial fishery failures as a basis for acquiring potential disaster assistance. The

regulations would establish definitions and characteristics of commercial fishery failures, serious disruptions affecting future

production, harm incurred by fishermen, fishery resource disasters, requirements for initiating a review by NMFS, and the

administrative process it will follow in processing such applications. The intended effect of these procedures and requirements is

to clarify the fishery disaster assistance provisions of the MSA and the IFA through rulemaking and thereby facilitate the

processing of requests.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 600 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1861; 16 USC 4107

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/15/2009 74 FR 2467 

NPRM Comment Period Extended 02/06/2009 74 FR 6257 

NPRM Comment Period End 02/17/2009 

NPRM Comment Period Extended End 04/20/2009 

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alan Risenhoover

Director, Office of Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

Room 13362, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2334 

FAX: 301 713-0596

E-Mail: alan.risenhoover@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW62

 View Related Documents

Title: Scientific and Statistical Committees; Peer Review; National Standard Guidelines

Abstract: The purpose of this action is to update National Standard 2 Guidelines regarding scientific information, in light of

Magnuson-Stevens Fishery Conservation and Management Act (MSA) provisions. Specifically, it is to: Provide guidance for

Secretarial/Council-established peer review processes pursuant to section 302(g)(1)(E) of the reauthorized MSA; clarify the

relationship between the scientific and statistical committees (SSCs) of the Regional Fishery Management Councils and peer

review processes established under section 302(g)(1)(E) of the MSA; and resolve inconsistencies between the Secretary's

responsibilities under existing NS2 Guidelines and SSC responsibilities under MSA section 302(g)(B).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 600.315 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/18/2008 73 FR 54132 

Regulations.gov Friday, January 20, 2012 Unified Agenda

95
ANPRM Comment Period End 12/17/2008 

NPRM 12/11/2009 74 FR 65724 

NPRM Comment Period End 03/11/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Michaels

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2363 

FAX: 301 713-1875

E-Mail: william.michaels@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW93

 View Related Documents

Title: Allowable Modifications to the Turtle Excluder Device Requirements

Abstract: NMFS proposes to revise the Turtle Excluder Device (TED) requirements to allow new materials and modifications

to existing approved TED designs. Specifically, proposed allowable modifications include the use of flat bar, box pipe, and oval

pipe for use in currently-approved TED grids; an increase in mesh size on escape flaps from 1-5/8 inches to 2 inches; the use of

the Boone single straight cut and triangular escape openings; specifications on the use of TED grid brace bars; and the use of

the Chauvin Shrimp Kicker to improve shrimp retention.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 223 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/02/2010 75 FR 53925 

NPRM Comment Period End 10/18/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Michael Barnette

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 551-5794 

E-Mail: michael.barnette@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX05

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

96
Title: Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan

Abstract: Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan may consider: (1) limited

access in the Atlantic mackerel (mackerel) fishery; (2) implementation of annual catch limits (ACLs) and accountability

measures (AMs) for mackerel and butterfish required under the Magnuson-Stevens Fishery Conservation and Management

Reauthorization Act of 2006 (MSRA); (3) updating of the description and identification of essential fish habitat (EFH) for all life

stages of mackerel, Loligo squid, Illex squid, and butterfish (including gear impacts on Loligo squid egg EFH); and (4) possible

limitations on at-sea processing of mackerel.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 08/11/2008 73 FR 46590 

Notice of Availability 07/06/2011 76 FR 39374 

NPRM 08/01/2011 76 FR 45742 

Notice of Availability Comment Period End 09/06/2011 

NPRM Comment Period End 09/15/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX06

 View Related Documents

Title: Revision of Critical Habitat Designation for the Endangered Leatherback Sea Turtle

Abstract: The National Marine Fisheries Service announces a rule to revise leatherback turtle (Dermochelys coriacea) critical

habitat under the Endangered Species Act of 1973, as amended. The leatherback is currently listed as endangered throughout

its range, and critical habitat consists of Sandy Point Beach and adjacent waters, St. Croix, U.S. Virgin Islands. This rule revises

critical habitat to include waters along the U.S. West Coast.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 et seq

Legal Deadline: 

Action Source Description Date

NPRM Judicial Required by Settlement Agreement 12/04/2009 

Timetable:

Action Date FR Cite

NPRM 01/05/2010 75 FR 319 

Notice of Public Hearings 02/01/2010 75 FR 5015 

NPRM Comment Period Extension 02/19/2010 75 FR 7434 

Regulations.gov Friday, January 20, 2012 Unified Agenda

97
NPRM Comment Period End 03/08/2010 

NPRM Comment Period Extension End 04/19/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Governmental

Jurisdictions Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sara McNulty

Ecologist

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 Extension: 125 

FAX: 301 713-4060

E-Mail: sara.mcnulty@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX11

 View Related Documents

Title: Taking and Importing Marine Mammals; U.S. Naval Undersea Warfare Center Keyport Range Complex Extension

Mission Activities

Abstract: On May 15, 2008, NMFS received an application from the Navy requesting an authorization for the take of marine

mammal species/stocks incidental to the proposed research, development, testing, and evaluation (RDT&E) activities within the

NAVSEA NUWC Keyport Range Complex Extension over the course of 5 years. The Navy proposes to extend the Keyport

Range Complex Extension operating areas, which is composed of Keyport Range Site, Dabob Bay Range Complex (DBRC)

Site, and Quinault Underwater Tracking Range (QUTR) Site, outside existing range boundaries. This proposed extension would

allow the Navy to support existing and future range activities, including evolving manned and unmanned vehicle program needs

in multiple marine environments. With the proposed extension of the Keyport and QUTR range sites, the range sites could

support more activities, which include increases in the numbers of tests and days of testing. No additional operational tempo is

proposed for the DBRC Site. Existing and proposed additional range activities include testing, training, and evaluation of system

capabilities such as guidance, control, and sensor accuracy of manned and unmanned vehicles in multiple marine environments

(e.g., differing depths, salinity levels, temperatures, sea states, etc.).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/07/2009 74 FR 32264 

NPRM Comment Period End 08/06/2009 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dr. Michael Payne 

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

P.O. Box 21668

Juneau , AK 99802 

Phone: 907 586-7235 

FAX: 301 713-2521

Regulations.gov Friday, January 20, 2012 Unified Agenda

98
E-Mail: michael.payne@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX27

 View Related Documents

Title: Taking and Importing of Marine Mammals; Takes of Marine Mammals Incidental to Specified Activities; Consolidation of

Regulations

Abstract: The Office of Protected Resources of the National Marine Fisheries Service (NMFS) proposes to redesignate

regulations governing the small take of marine mammals, incidental to conducting specified activities (other than commercial

fishing) in the marine environment. In recent years, NMFS has promulgated an increasing volume of activity-specific incidental

take regulations, and it expects this trend to continue. Therefore, there will be a need for additional subparts to accommodate

future incidental take regulations. In order to create more space for additional incidental take regulations in a logically organized

manner, NMFS is transferring regulations in subparts I, J, K, N, O, R, S, and U of part 216 to a new part 217, and transferring

regulations in subparts P, Q, V, and X of part 216 to a new part 218. This will open the rest of subpart 216 for additional

regulations unrelated to incidental take under MMPA section 101(a)(5)(A) and (D), and create a dedicated subpart for incidental

take regulations. However, we anticipate that even part 217 will not be sufficient to contain all future regulations for specified

activities that incidentally take marine mammals. Therefore, NMFS also expects to use part 218 for new regulations for specified

activities related to military ranges and part 219 in the near future for specified activities related to offshore oil exploration. The

purpose of this action is to make the regulations better organized and easier for the public to use.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216; 50 CFR 217; 50 CFR 218 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dr. Michael Payne 

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

P.O. Box 21668

Juneau , AK 99802 

Phone: 907 586-7235 

FAX: 301 713-2521

E-Mail: michael.payne@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX47

 View Related Documents

Title: Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Arbitration

Regulations

Abstract: This action implements Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King

and Tanner Crabs to make minor modifications to the arbitration system used to settle price and other disputes among

harvesters and processors in the Bering Sea/Aleutian Islands crab rationalization program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 680 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

99
Legal Authority: 16 USC 1862; PL 109-241; PL 109-479

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 07/25/2011 76 FR 44297 

NPRM 08/10/2011 76 FR 49423 

Notice of Availability Comment Period End 09/23/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX79

 View Related Documents

Title: Changes to National Marine Sanctuary Regulations on Overflights

Abstract: This rule amends the regulations of the Channel Islands, Monterey Bay, Gulf of the Farallones, and Olympic Coast

national marine sanctuaries to clarify the intent of the regulations governing overflights (to prohibit the harassment of marine

mammals or seabirds by flying motorized aircraft below certain altitudes within the boundaries of the listed sanctuaries, subject

to civil penalties) and to meet Federal Aviation Administration (FAA) requirements for placement on FAA aeronautical charts.

Including a reference to the sanctuary overflight regulations on aeronautical charts will provide appropriate notice to pilots and

ensure the protection of resources under NOAA's stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1436; 16 USC 1439

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/08/2010 75 FR 76319 

NPRM Comment Period Extended 01/04/2011 76 FR 294 

NPRM Comment Period End 02/07/2011 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Armor

Legislative, Regulatory, and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

Regulations.gov Friday, January 20, 2012 Unified Agenda

100
E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX83

 View Related Documents

Title: Gulf of the Farallones and Monterey Bay National Marine Sanctuaries Regulations on Introduced Species

Abstract: The National Oceanic and Atmospheric Administration (NOAA) revises its regulations on the introduction of

introduced species into the Gulf of the Farallones and Monterey Bay national marine sanctuaries (GFNMS and MBNMS,

respectively). This action is being taken in response to a letter received from the Governor of California on December 23, 2008.

The Governor certified that the terms of designation to regulate introduced species in these sanctuaries was unacceptable in

State waters of the sanctuaries. The Governor's letter specifically asked NOAA to modify its regulations to exempt all Statepermitted aquaculture activities throughout the two sanctuaries and research involving the introduction of introduced species into

Monterey Bay National Marine Sanctuary only. Both of the criteria for exemption in the MBNMS needed to be satisfied in order

to fulfill the Governor's objection for MBNMS. This action is being taken in response to the action of the governor of California.

NOAA has limited ability to proceed otherwise.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922.132; 15 CFR 922.82 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1434; 16 USC 1439

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/01/2009 74 FR 50740 

NPRM Comment Period End 11/16/2009 

Final Rule 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AT14; Related to 0648-AT15

Agency Contact: John Armor

Legislative, Regulatory, and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX85

 View Related Documents

Title: Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fishery

Abstract: This action adjusts regulations governing the U.S. Atlantic bluefin tuna (BFT) fishery to enable more thorough

utilization of the available U.S. quota, while continuing efforts to end BFT overfishing, rebuild the BFT stock by 2019, and

minimize bycatch and bycatch mortality to the extent practicable. The U.S. BFT quota is derived from the recommendations of

the International Commission for the Conservation of Atlantic Tunas (ICCAT) and implemented under the authority of the

Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Tunas Convention Act. For the past several

years, the U.S. Atlantic BFT fishery has not fully harvested the available quota, particularly the BFT commercial subquotas. This

action follows consideration of public comment collected via an Advance Notice of Proposed Rulemaking on several issues

regarding Atlantic highly migratory species fisheries, and contains measures raised during the 2009 BFT quota specifications

rulemaking and at recent meetings of the Highly Migratory Species Advisory Panel.

Regulations.gov Friday, January 20, 2012 Unified Agenda

101
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801; 16 USC 971

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 06/01/2009 74 FR 26174 

ANPRM Comment Period End 06/30/2009 

NPRM 11/04/2009 74 FR 57128 

NPRM Comment Period Extended 12/24/2009 74 FR 68414 

NPRM Comment Period End 12/21/2009 

NPRM Comment Period End 03/31/2010 

Final Action 12/00/2011 

Additional Information: Agency Contact: Alan D. Risenhoover Title: Director, Office of Sustainable Fisheries, NMFS Address:

1315 East-West Highway #13350, Silver Spring, MD 20910

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alan Risenhoover

Director, Office of Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

Room 13362, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2334 

FAX: 301 713-0596

E-Mail: alan.risenhoover@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX91

 View Related Documents

Title: Revoke Inactive Quota Share and Annual Individual Fishing Quota From a Holder of Quota Share Under the Pacific

Halibut and Sablefish Fixed Gear Individual Fishing Quota Program

Abstract: This action amends existing commercial fishing regulations for the fixed-gear Pacific Halibut and sablefish individual

fishing quota program at 50 CFR 679. The amendment revokes inactive quota share unless the quota share permit holder

affirmatively notices NMFS in writing within 60 days of the Agency's preliminary determination of inactivity that they choose to

(a) retain the inactive IFQ quota share, (b) activate the quota share through transfer or by fishing, or (c) appeal the preliminary

determination. Quota share that is not activated through this process and is revoked would be proportionally distributed to the

quota share pool. This regulatory revision is based on the recommendations of the North Pacific Fishery Management Council in

June 2006 and again in February 2009. Amending the regulations will improve the efficiency of the Pacific Halibut and Sablefish

IFQ program and augment operational flexibility of participating fishermen.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300; 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 773

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/23/2010 75 FR 51741 

NPRM Comment Period End 09/22/2010 

Final Rule 12/00/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

102
Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AU85; Related to 0648-AV64

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX97

 View Related Documents

Title: Revisions to eLandings Regulations

Abstract: NMFS implemented an interagency electronic reporting system with a data entry component, eLandings, for reporting

Bering Sea and Aleutian Islands crab in March 2005 and groundfish in December 2008. Using the eLandings web-based

application, processors report production, landings, and discard/disposition data. NMFS finds it necessary to make some

improvements to the eLandings regulations. This rule adds a requirement for a stationary floating processor (SFP) to enter atsea operation type, port, and crab regional designation under specific conditions. In addition, this rule corrects time limits for

submitting some data, adds a new definition, and revises some tables to part 679 to support eLandings and to correct errors.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679.2; 50 CFR 679.5 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1862 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/11/2011 76 FR 7788 

NPRM Comment Period End 03/14/2011 

Final Action 07/11/2011 76 FR 40628 

Correcting Amendment 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY18

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

103
Title: Consolidation of Tables and Figures Related To Implementing Amendment 89 to the Fishery Management Plan for the

Groundfish of the Bering Sea and Aleutian Islands Management Area

Abstract: The National Marine Fisheries Service amends its regulations to combine data in certain tables and figures related to

the areas closed to nonpelagic trawling that was implemented by Amendment 89 to the Fishery Management Plan for

Groundfish of the Bering Sea and Aleutian Islands Management Area. This rule places all of the descriptive information for

certain habitat conservation and research areas in one place, i.e., combines the figure with the map of the area and the table

with the exact coordinates of the same area. Under this action, Figure 16 is combined with the coordinates provided in Table 42

for the Bering Sea Habitat Conservation Area. Figure 17 is combined with Tables 43 and 45 for the Northern Bering Sea

Research Area and St. Lawrence Island Habitat Conservation Area. Figure 21 is combined with Table 44 for the Nunivak Island,

Etolin Strait, and Kuskokwim Bay Habitat Conservation Area. Table 46 does not have a comparable figure and therefore is

redesignated as Table 42. Tables 43, 44, and 45 are removed. This action makes the figures and associated tables less

cumbersome to use by combining them. This combination of data places all of the descriptive information for certain habitat

conservation and research areas in one place.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY35

 View Related Documents

Title: Flower Garden Banks National Marine Sanctuary Regulations

Abstract: The National Oceanic and Atmospheric Administration amends the regulations for the Flower Garden Banks National

Marine Sanctuary (FGBNMS, or sanctuary) to improve vessel and user safety, protect sanctuary resources from user impacts,

clarify vessel pollution discharge language, and make other technical changes and corrections.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1434; 16 USC 1439

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/22/2010 75 FR 65256 

NPRM Comment Period End 01/20/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

104
Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Armor

Legislative, Regulatory, and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY41

 View Related Documents

Title: Addendum IV to the Weakfish Interstate Management Plan--Bycatch Trip Limit

Abstract: NMFS proposes regulations that would modify management restrictions in the Federal weakfish fishery in a manner

consistent with the Commission's Weakfish Management Board's (Board) approved Addendum IV to Amendment 4 to the

ISFMP for Weakfish. In short, the proposed change would decrease the incidental catch allowance for weakfish in the EEZ in

nondirected fisheries using smaller mesh sizes, from 150 pounds to no more than 100 pounds per day or trip, whichever is

longer in duration. In addition, it would impose a one-fish possession limit on recreational fishers.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 697 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 5101

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/12/2010 75 FR 26703 

NPRM Comment Period End 06/11/2010 

NPRM Comment Period Reopened 06/16/2010 75 FR 34092 

NPRM Comment Period End 06/30/2010 

Final Action 05/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Alan Risenhoover

Director, Office of Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

Room 13362, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2334 

FAX: 301 713-0596

E-Mail: alan.risenhoover@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY49

 View Related Documents

Title: Endangered Species Act Listing of Nine Distinct Population Segments of Loggerhead Sea Turtles as Endangered or

Threatened

Abstract: NMFS and USFWS have determined that the loggerhead sea turtle (Caretta caretta) is composed of nine distinct

Regulations.gov Friday, January 20, 2012 Unified Agenda

105
population segments (DPSs) that qualify as "species" for listing as endangered or threatened under the Endangered Species Act

(ESA), two as threatened and seven as endangered. This action also constitutes the 12-month findings on two petitions to: (1)

Reclassify loggerhead turtles in the North Pacific Ocean as a DPS with endangered status and designate critical habitat; and (2)

reclassify loggerhead turtles in the Northwest Atlantic as a DPS with endangered status and designate critical habitat. Critical

habitat for the two loggerhead sea turtle DPSs occurring within the United States will be designated in a subsequent Federal

Register notice.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 to 1543; 16 USC 1361

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/16/2010 75 FR 12598 

First NPRM Comment Period Extension 06/02/2010 75 FR 30769 

NPRM Comment Period Extension End 09/03/2010 

NPRM Comment Period End 09/13/2010 

Second NPRM Comment Period Extension 03/22/2011 76 FR 15932 

NPRM Second Comment Period End 04/11/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kristy Long

Fisheries Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

Room 13738, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 

FAX: 301 427-2522

E-Mail: kristy.long@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY53

 View Related Documents

Title: Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Allocations in the Gulf of Alaska; Amendment 83

Abstract: This rulemaking establishes Pacific cod allocations in the Gulf of Alaska among the jig, trawl, hook-and-line, and pot

sectors. This action also limits access to the parallel fishery for Federal fishery participants. This action is necessary to reduce

uncertainty and contribute to stability across the sectors, while providing consideration of fishing communities and entry-level

opportunities for the jig sector.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 06/28/2011 76 FR 37763 

NPRM 07/26/2011 76 FR 44700 

NPRM Comment Period End 09/09/2011 

Final Action 12/00/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

106
Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY62

 View Related Documents

Title: Designating Critical Habitat for the Endangered Black Abalone

Abstract: Under section 4 of the Endangered Species Act (ESA), the Secretary of Commerce (Secretary) shall designate

critical habitat for species listed as threatened or endangered. This rulemaking designates critical habitat for the endangered

black abalone. Once critical habitat is designated, Federal agencies are required to comply with section 7 of the ESA to ensure

activities they carry out, authorize, or fund do not destroy or adversely affect this designated critical habitat. An economic

analysis report, biological report, and ESA section 4(b)(2) analysis report prepared in support of this rulemaking will be available

for public review and comment.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 to 1543

Legal Deadline: 

Action Source Description Date

NPRM Judicial As per Settlement Agreement with Center for Biological Diversity 09/20/2010 

Other Judicial Required by Settlement Agreement With Center for Biological Diversity 07/18/2011 

Timetable:

Action Date FR Cite

NPRM 09/28/2010 75 FR 59900 

NPRM Comment Period End 11/29/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: No

Federalism: No

Energy Affected: Yes

Agency Contact: Melissa Neuman

Fish Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

Suite 4200, 501 West Ocean Boulevard

Long Beach , CA 90802 

Phone: 562 980-4115 

FAX: 562 980-4027

E-Mail: melissa.neuman@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY63

Regulations.gov Friday, January 20, 2012 Unified Agenda

107
 View Related Documents

Title: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Operation of Offshore Oil and Gas

Facilities in the U.S. Beaufort Sea

Abstract: In November 2009, the National Marine Fisheries Service (NMFS) received an application from BP Exploration

(Alaska) Inc. (BPXA) for the promulgation of regulations and subsequent issuance of Letters of Authorization (LOAs) to take

individuals of six species of marine mammals incidental to operation of offshore oil and gas facilities in the U.S. Beaufort Sea,

Alaska, over the course of five years. The likely or possible impacts of the planned offshore oil and gas developments at

BPXA's facility on marine mammals involve both nonacoustic and acoustic effects. Potential nonacoustic effects could result

from the physical presence of personnel, structures and equipment, construction or maintenance activities, and the occurrence

of oil spills. Petroleum development and associated activities in marine waters introduce sound into the environment, produced

by island construction, maintenance, and drilling, as well as vehicles operating on the ice, vessels, aircraft, generators,

production machinery, gas flaring, and camp operations. BPXA requests authorization to take six marine mammal species by

harassment and also requests lethal takes of one pinniped species.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Receipt 03/17/2010 75 FR 12734 

Comment Period End 04/16/2010 

NPRM 07/06/2011 76 FR 39706 

NRPM Comment Period End 08/05/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY64

 View Related Documents

Title: Taking and Importing Marine Mammals; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air

Force Base, Florida

Abstract: On November 6, 2009, NMFS received a letter from the U.S. Air Force requesting an authorization for the take of

marine mammals incidental to NEODS training operations. The requested regulations would establish a framework for

authorizing incidental take with future Letters of Authorization (LOAs). These LOAs, if approved, would authorize the take, by

Level B (behavioral) harassment, of Atlantic bottlenose dolphins incidental to conducting NEODS training operations and testing

at Eglin Gulf Test and Training Range at property off Santa Rosa Island, Florida, in the northern Gulf of Mexico. Based on the

application, premitigation take would average approximately 10 animals per year; and approximately 50 animals over the 5-year

period. NMFS issued an Incidental Harassment Authorization (IHA) for almost identical activities in 2005, 2006, 2007, and 2008.

The past missions have been delayed due to safety issues concerning bringing demolition charges under a bridge and no

missions have occurred to date under any of the IHAs. NEODS missions would involve underwater detonations of small, live

explosive charges adjacent to inert mines. The NEODS training activities are classified as military readiness activities. The U.S.

Air Force states that noise associated with underwater detonation of the specified explosive charges may expose bottlenose

dolphins in the area to noise and pressure resulting in noninjurious temporary threshold shift.

Regulations.gov Friday, January 20, 2012 Unified Agenda

108
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: 

Action Source Description Date

NPRM Statutory 16 USC 1361 et seq 10/01/2010 

Timetable:

Action Date FR Cite

NPRM 10/01/2010 75 FR 60694 

NPRM Comment Period End 11/01/2010 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Howard Goldstein

Fisheries Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East West Highway

Silver Spring , MD 20910 

Phone: 301 713-2289 Extension: 172 

FAX: 301 427-2521

E-Mail: howard.goldstein@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY65

 View Related Documents

Title: Amendment to Limit Bering Sea and Aleutian Islands (BSAI) Fixed Gear Catcher Processors Fishing for Pacific Cod in

State of Alaska Parallel Waters

Abstract: NMFS proposes to limit access by federally permitted pot and hook-and-line catcher/processors to the Pacific cod

fishery in State of Alaska parallel waters in the Bering Sea and Aleutian Islands (BSAI) Management Area. The parallel fishery

occurs off the coast of Alaska within 3 nautical miles of shore, and is concurrent with the Federal fishery for Pacific cod in the

BSAI. This measure is necessary to deter some catcher/processors from catching more Pacific cod than have been allocated to

their sector. It reduces the risk of exceeding seasonal and area allocations of Pacific cod, improves NMFS' ability to manage

existing sector allocations, and increases information collected about Pacific cod catch in the parallel fishery. It also creates

more secure sector allocations of Pacific cod to prevent vessels fishing in the parallel fishery from eroding previously established

sector allocations, and improves vessel owners' ability to repay loans under the BSAI longline catcher/processor capacity

reduction program. This rule limits access to the parallel fishery for Pacific cod by requiring a federally permitted pot or hookand-line catcher/processor to hold the same endorsements required on their Federal fisheries permit or license limitation

program license for catching Pacific cod in the parallel fishery as currently required for catching Pacific cod in the Federal waters

of the BSAI. Any pot or hook-and-line catcher/processor fishing for Pacific cod in the parallel fishery also will be required to

comply with seasonal closures of Pacific cod that apply to federally permitted vessels regardless of whether they are fishing in

the Federal or parallel fishery. Vessel owners of pot and hook-and-line catcher/processors who surrender Federal fisheries

permits will not be reissued a new Federal fisheries permit within the 3-year term of the permit.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/11/2011 76 FR 13331 

Regulations.gov Friday, January 20, 2012 Unified Agenda

109
NPRM Comment Period End 04/11/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY95

 View Related Documents

Title: Amendment To Correct and Clarify Amendment 16 and Subsequent Frameworks of the Northeast Multispecies Fisheries

Management Plan

Abstract: This action corrects and clarifies the final rule implementing Amendment 16 to the Northeast Multispecies Fishery

Management Plan, as well as subsequent groundfish actions. These corrections are administrative in nature and are intended to

correct inaccurate references and other inadvertent errors and to clarify specific regulations to maintain consistency with the

intent of Amendment 16 and subsequent actions.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/02/2011 76 FR 24444 

NPRM Comment Period End 05/17/2011 

Interim Final Rule Effective 07/19/2011 

Interim Final Rule 07/19/2011 76 FR 42577 

Interim Final Rule Comment Period End 08/18/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; State

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY96

Regulations.gov Friday, January 20, 2012 Unified Agenda

110
 View Related Documents

Title: 4(d) Protective Regulations for the Gulf of Maine Distinct Population Segment of Atlantic Sturgeon

Abstract: The National Marine Fisheries Service (NMFS) proposes to establish protective regulations for the Gulf of Maine

Distinct Population Segment (GOM DPS) of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) under section 4(d) of the

Endangered Species Act (ESA). NMFS has determined that the GOM DPS of Atlantic sturgeon is at risk of becoming

endangered in the foreseeable future throughout all or a significant portion of its range. In the case of threatened species,

section 4(d) of the ESA requires that the Secretary of Commerce (Secretary) determine whether and to what extent to extend

the statutory 9(a) "take" prohibitions, and directs the agency to issue regulations it considers necessary and advisable for the

conservation of the species. The 4(d) protective regulations may prohibit, with respect to threatened species, some or all of the

acts which section 9(a) of the ESA prohibits with respect to endangered species. In the case of the GOM DPS, NMFS proposes

to apply all of the section 9 prohibitions (sec. 9(a)(1)(A) through 9(a)(1)(G)) except for certain activities related to research,

stranding, and salvage which can result in "take" of Atlantic sturgeon belonging to the GOM DPS. Specifically, the rule would

not apply the section 9(a)(1)(B) prohibitions to taking Atlantic sturgeon within the riverine range of the GOM DPS for: (a)

Scientific research when conducted in the manner specified in the proposed rule; and (b) salvaging dead, and

aiding/resuscitating live, Atlantic sturgeon by NMFS personnel or their designated agents as specified in the proposed rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 223 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq; 16 USC 1531 to 1543

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/10/2011 76 FR 34023 

NPRM Comment Period End 08/09/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: Yes

Energy Affected: No

Agency Contact: Lisa Manning

Ecologist

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-1401 

FAX: 301 427-2523

E-Mail: lisa.manning@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA13

 View Related Documents

Title: Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery

Abstract: This rule would implement a Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery,

which is a State-controlled fishery. This program is voluntary and holders of valid limited-entry permits issued by the Alaska

Commercial Fisheries Entry Commission to operate in the Southeast Alaska Purse Seine Salmon Fishery are eligible to

participate. Permit holders in the program will receive up to $23.5 million, in the aggregate, in exchange for relinquishing

permits. NMFS would issue a 30-year loan to finance the buyback, and the loan would be repaid by those harvesters remaining

in the fishery. The intent of this rule is to permanently reduce the most harvesting capacity in the fishery at the least cost, which

should result in increased harvesting productivity for postreduction permit holders participating in the fishery and improve

flexibility in the conservation and management of the fishery. The rule would also establish a fee collection system to ensure

repayment of the loan.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 600 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

111
Legal Authority: 16 USC 1801 et seq; 46 USC 53701 et seq; PL 108-447; PL 109-447; PL 110-161

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/23/2011 76 FR 29707 

NPRM Comment Period End 06/22/2011 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State

Federalism: No

Energy Affected: No

Agency Contact: Gary C. Reisner

Director, Office of Management and Budget

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2259 Extension: 139 

FAX: 301 713-1464

E-Mail: gary.reisner@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA18

 View Related Documents

Title: Amendment 93 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management

Area

Abstract: This regulation amends the Bering Sea and Aleutian Islands Amendment 80 Program to modify the criteria for

forming and participating in a harvesting cooperative, and the method for calculating a minimum groundfish retention standard

applicable to cooperatives. This action is necessary to encourage greater participation in harvesting cooperatives, provide for

more precise total allowable catch management, and facilitate compliance with the groundfish retention standard. This action is

intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery

Management Plans, and other applicable law.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 07/28/2011 76 FR 45219 

NPRM 08/10/2011 76 FR 49417 

NPRM Comment Period End 09/09/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

Regulations.gov Friday, January 20, 2012 Unified Agenda

112
E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA20

 View Related Documents

Title: Olympic Coast National Marine Sanctuary Regulations Revisions

Abstract: Pursuant to section 304(e) of the National Marine Sanctuaries Act (NMSA; 16 U.S.C. 1434(e)), the National Oceanic

and Atmospheric Administration (NOAA) is conducting a review of the management plan and regulations for the Olympic Coast

National Marine Sanctuary (OCNMS, or sanctuary), located off the outer coast of the Olympic Peninsula in the State of

Washington. As a result of the review, NOAA determined that it was necessary to consider the revision of the management plan

and regulations for the sanctuary. NOAA proposes changes to the regulations for the Olympic Coast National Marine Sanctuary.

This rule revises the regulations to prohibit wastewater discharges from cruise ships; update the language referring to tribal

welfare considerations when issuing permits; correct the size of the sanctuary based on new area estimates; update the list of

definitions; and update obsolete sections. NOAA also proposes additional changes to the grammar and wording of several

sections of the regulations to ensure clarity and consistency with the NMSA and other sanctuaries' regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1434(e)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/14/2011 76 FR 2611 

NPRM Comment Period Extension 02/04/2011 76 FR 6368 

NPRM Comment Period End 03/15/2011 

NPRM Comment Period Extension End 03/25/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Armor

Legislative, Regulatory, and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA22

 View Related Documents

Title: Amendment 3 to the Atlantic Deep-Sea Red Crab Fishery Management Plan

Abstract: This action is required to bring the Atlantic Deep-Sea Red Crab FMP into compliance with the reauthorized

Magnuson-Stevens Fishery Conservation and Management Act by incorporating an annual catch limit (ACL) and accountability

measures (AMs). The Red Crab FMP may also be modified to implement a "hard quota" (or total allowable landings (TAL)) in

place of the current target total allowable catch (TAC) and days-at-sea (DAS) system. Other management measures currently in

place may be modified or eliminated.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

113
CFR Citation: 50 CFR 648.260 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 06/22/2011 76 FR 36511 

NPRM 07/06/2011 76 FR 39369 

NPRM Comment Period End 08/05/2011 

Notice of Availability Comment Period End 08/22/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA23

 View Related Documents

Title: Omnibus Amendment to the Mid-Atlantic Fishery Management Plans To Implement Annual Catch Limits and

Accountability Measures

Abstract: This comprehensive omnibus amendment modifies all Mid-Atlantic Fishery Management Council fishery

management plans to contain Annual Catch Limits (ACLs) and Accountability Measures (AMs) in compliance with the

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 and revised National Standard 1

guidance. Amendment was approved by NMFS on behalf of the Secretary of Commerce on August 12, 2011.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: 

Action Source Description Date

Other Statutory Magnuson-Stevens Fishery Conservation and Management

Reauthorization Act of 2006 01/01/2011 

Timetable:

Action Date FR Cite

Notice of Availability 05/23/2011 76 FR 29717 

NPRM 06/17/2011 76 FR 35578 

NPRM Comment Period End 07/18/2011 

Notice of Availability Comment Period End 07/22/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

Regulations.gov Friday, January 20, 2012 Unified Agenda

114
National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA27

 View Related Documents

Title: Framework Adjustment 45 to the Northeast Multispecies Fishery Management Plan

Abstract: The New England Fishery Management Council (Council) developed Framework Adjustment 45 to the Northeast

Multispecies FMP to implement measures to update status determination criteria for pollock; revise the rebuilding program for

Georges Bank yellowtail flounder; revise annual catch limits for several stocks; implement additional sectors, including Statesponsored permit banks; modify a scallop exemption area; revise monitoring requirements; and implement a spawning closure

area in the Gulf of Maine. These measures are expected to continue efforts to rebuild overfished stocks, minimize costs to

industry, and increase the economic efficiency of vessel operations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/03/2011 76 FR 11858 

NPRM Comment Period End 03/18/2011 

Final Rule 04/25/2011 76 FR 23042 

Temporary Final Rule 06/15/2011 76 FR 34903 

Final Action--Adjustments 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; State

Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA30

 View Related Documents

Title: False Killer Whale Take Reduction Plan

Abstract: NMFS is undertaking rulemaking to implement a False Killer Whale Take Reduction Plan (FKWTRP). The FKWTRP

is based on consensus recommendations submitted by the False Killer Whale Take Reduction Team (FKWTRT). This action is

necessary because current serious injury and mortality rates of the Hawaii Pelagic stock of false killer whales incidental to the

Category I Hawaii-based deep-set (tuna target) longline fishery and Category II Hawaii-based shallow-set (swordfish target)

Regulations.gov Friday, January 20, 2012 Unified Agenda

115
fishery are above the stock's potential biological removal (PBR) level, and therefore inconsistent with the short-term goal of the

Marine Mammal Protection Act (MMPA). Additionally, serious injury and mortality rates of the Hawaii Insular stock and Palmyra

Atoll stocks of false killer whales incidental to the Hawaii-based deep-set longline fishery are above insignificant levels

approaching a zero mortality and serious injury rate, and therefore inconsistent with the long-term goal of the MMPA. The

FKWTRP is intended to meet the statutory mandates and requirements of the MMPA through both regulatory and nonregulatory

measures, and research and data collection priorities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 229; 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/18/2011 76 FR 42082 

NPRM Comment Period Ends 10/17/2011 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Kristy Long

Fisheries Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

Room 13738, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 

FAX: 301 427-2522

E-Mail: kristy.long@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA31

 View Related Documents

Title: Revised Aleutian Islands Steller Sea Lion Protection Measures for the Groundfish Fisheries

Abstract: The rule revises the Atka mackerel and Pacific cod fisheries management in the Aleutian Islands subarea to ensure

the Alaska groundfish fisheries are not likely to cause jeopardy of extinction or adverse modification or destruction of designated

critical habitat for the endangered western distinct population segment of Steller sea lions. Fishery closures, harvest restrictions,

and season dates are revised with this action. The rule also includes a 3-nautical-mile closure to groundfish fishing around

Kanaga Island/Ship Rock rookery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/13/2010 75 FR 77535 

Correction Notice 12/29/2010 75 FR 81921 

Interim Final Rule Comment Period Extended 01/12/2011 76 FR 2027 

Interim Final Rule Comment Period End 02/28/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

116
Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA35

 View Related Documents

Title: Amendment 2 of the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species

Abstract: This action implements the preferred alternative under Amendment 2 of the Pacific Fishery Management Council's

(Council) Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). Amendment 2

revises part of the HMS FMP to ensure that it is consistent with new guidelines to meet the objectives of MSA National Standard

1 in order to more effectively prevent overfishing and rebuild overfished stocks, or stocks that may become overfished. The rule

changes the list of Management Unit Species codified in the HMS FMP final rule and modifies the process the Council uses to

adopt numerical estimates of maximum sustainable yield, optimal yield, and status determination criteria. Adoption of updated

numerical estimates would be submitted as recommendations for NMFS to provide the opportunity for Secretarial review.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 03/14/2011 76 FR 13592 

NPRM 04/29/2011 76 FR 23962 

NPRM Comment Period End 05/31/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Mark Helvey

Assistant Regional Administrator for Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

501 West Ocean Boulevard

Long Beach , CA 90802 

Phone: 562 980-4040 

FAX: 562 980-4047

E-Mail: mark.helvey@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA37

 View Related Documents

Title: Regulatory Amendment To Implement a Halibut Catch Sharing Plan for International Pacific Halibut Commission Area 2C

and Area 3A

Abstract: These regulations implement a catch sharing plan for the commercial and guided (charter) sport fisheries for Pacific

Regulations.gov Friday, January 20, 2012 Unified Agenda

117
halibut in waters of International Pacific Halibut Commission (IPHC) Regulatory Areas 2C (Southeast Alaska) and 3A (Central

Gulf of Alaska). This regulatory amendment establishes: (1) A combined catch limit annually specified by the International

Pacific Halibut Commission that is allocated between the commercial and charter halibut fisheries using percentage allocations

proposed by the North Pacific Fishery Management Council (Council); (2) annual management measures for the charter halibut

fishery that are intended to maintain harvest to the charter allocation and specified annually by the IPHC using a

nondiscretionary process proposed by the Council; and (3) the opportunity for commercial halibut individual fishing quota (IFQ)

holders to lease (transfer on an annual basis) halibut IFQ to charter halibut permit holders as Guided Angler Fish (GAF).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300; 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 773 to 773k

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/22/2011 76 FR 44156 

NRPM Comment Period End 09/06/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA38

 View Related Documents

Title: Endangered and Threatened Species, Designation of Critical Habitat for Southern Distinct Population Segment of

Eulachon

Abstract: We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat for the southern Distinct

Population Segment (DPS) of Pacific eulachon (Thaleichthys pacificus), which was recently listed as threatened under the

Endangered Species Act (ESA). We have proposed 12 specific areas for designation as critical habitat within the states of

California, Oregon, and Washington. The proposed areas are a combination of freshwater creeks and rivers and their associated

estuaries which comprise approximately 470 km (292 mi) of habitat. Three particular areas are proposed for exclusion after

evaluating the impacts and benefits associated with tribal land ownership and management by Indian tribes, but no areas are

proposed for exclusion based on economic impacts.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 223 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1533

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/05/2011 76 FR 515 

NPRM Comment Period End 03/07/2011 

Final Action 12/00/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

118
Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.nwr.noaa.gov/

Agency Contact: Marta Nammack

Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-1401 Extension: 180 

FAX: 301 427-2523

E-Mail: marta.nammack@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA40

 View Related Documents

Title: Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Partial Release of

Groundfish Quota for the Start of the 2011 Fishery

Abstract: The trawl rationalization program creates an individual fishing quota (IFQ) program for the shore-based trawl fleet;

and cooperative (co-op) programs for the at-sea trawl fleet in the Pacific Coast Groundfish Fishery. Implementation of the 2011-

2012 harvest specifications, which would distribute portions of the 2011 harvest for a number of groundfish stocks among the

trawl fishery participants, has been delayed. This emergency rulemaking allows issuance of quota pounds based on the lower of

either the existing 2010 harvest level or the proposed 2011 harvest level. This allows quota pounds to be issued without risk of

exceeding the ultimate annual harvest level; any additional quota allowed by the final 2011 harvest levels will be issued at the

time of the 2011-2012 harvest specifications final rule. The rule also lowers the harvest level of one of the groundfish species,

based on the most recent science, in order to avoid excess harvest before the final harvest levels are in place. The delay of the

2011 harvest specifications was unanticipated, and therefore NMFS will be using its emergency authority to implement this rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Emergency Rule 12/30/2010 75 FR 82296 

Comment Period End 01/31/2011 

Agency Determination 07/19/2011 76 FR 42588 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AY68; Related to 0648-BA01

Agency Contact: Frank Lockhart

Program Analyst

Department of Commerce

National Oceanic and Atmospheric Administration

7600 Sand Point Way NE.

Seattle , WA 98115 

Phone: 206 526-6142 

FAX: 206 526-6736

E-Mail: frank.lockhart@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

119
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA45

 View Related Documents

Title: Modification of Regulations Governing the Retention of Incidentally Caught Highly Migratory Species in Atlantic Trawl

Fisheries

Abstract: This rule modifies the regulations governing Atlantic highly migratory species (HMS) to address the retention of

incidentally caught North Atlantic swordfish in squid trawl fisheries, and the retention of incidentally caught species in the

smoothhound shark complex (which includes smooth dogfish and Florida smoothhound (genus Mustelus)) in all Atlantic trawl

fisheries. Trawl gear is not authorized in Atlantic HMS fisheries, but an allowance for the retention of incidentally caught

swordfish in trawl gear has been established to reduce regulatory discards. This rule modifies the allowance for incidentally

caught HMS in trawl gear to reduce regulatory dead discards, to the extent practicable, by converting discards into landings,

improve fishery data collection, provide additional opportunities for the U.S. swordfish quota to be caught, and accommodate

traditional fishing methods (i.e., trawls) that incidentally capture North Atlantic swordfish and smoothhound shark species.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/18/2011 76 FR 14884 

NPRM Comment Period End 04/17/2011 

Final Rule 08/10/2011 76 FR 49368 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA46

 View Related Documents

Title: Framework Adjustment 7 to the Monkfish Fishery Management Plan

Abstract: Framework Adjustment 7 to the Monkfish FMP adjusts the annual catch target (ACT) for the Northern Fishery

Management Area (NFMA) to be consistent with the most recent scientific advice regarding the acceptable biological catch

(ABC) for monkfish. The New England Fishery Management Council's Scientific and Statistical Committee (SSC) has

recommended a revision to the ABC, based on the recent stock assessment (SARC 50), that is lower than the ACT for the

NFMA proposed in Amendment 5 to the Monkfish FMP. Specifically, the SSC recommended a revised NFMA ABC of 7,592 mt,

which is 29 percent lower than the NFMA ACT of 10,750 mt proposed in Amendment 5. Conversely, the recalculated ABC for

the Southern Fishery Management Area (SFMA) is 850 mt higher than the Council's recommended ACT for that area. Thus, no

change is proposed for the SFMA. Framework 7 also specifies a new day-at-sea (DAS) allocation and trip limits for the NFMA

commensurate with the new ACT (as necessary), and adopts revised biomass reference points based on the recommendations

of SARC 50 and the SSC.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

120
CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/05/2011 76 FR 47533 

NPRM Comment Period End 09/06/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA47

 View Related Documents

Title: Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region

Abstract: The purpose of this emergency action is to delay implementation of a large area closure in order to allow the South

Atlantic Fishery Management Council time to consider the results of a new stock assessment for South Atlantic red snapper.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Emergency Rule 12/09/2010 75 FR 76890 

Emergency Action, Correction Notice 12/20/2010 75 FR 79309 

Comment Period End 01/03/2011 

Emergency Action, Extension 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

121
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA49

 View Related Documents

Title: Fisheries in the Eastern Pacific Ocean; Pelagic Fisheries; Vessel Identification Requirements

Abstract: This rule allows vessels that fish for highly migratory species (HMS) on the high seas off the U.S. west coast to be

marked with the vessel's International Telecommunication Union Radio Call Sign (IRCS). The revisions also provide that if an

IRCS has not been assigned to the vessel, the marking may consist of the vessel's Federal, State, or tribal official number,

preceded by the characters "USA." The intent of the action is to bring the existing vessel identification requirements at 50 CFR

660.704 (general HMS fisheries regulations under a fishery management plan) and 300.173 (regulations governing fishing under

the U.S.-Canada Albacore Treaty) into conformity with the binding vessel identification requirements adopted by the Western

and Central Pacific Fisheries Commission (WCPFC), and which were imposed in early 2010 on U.S. fishing vessels fishing in

the Convention Area under the Western and Central Pacific Fisheries Convention (75 FR 3335, January 21, 2010). This action

allows U.S. HMS fishing vessels in the eastern Pacific that also fish in the WCPFC Convention Area to comply with a consistent

vessel marking and identification scheme and avoid the burden of switching vessel markings when crossing between ocean

areas. Vessels could opt to continue using their current vessel identification (the only vessels likely to make this choice are

those that do not fish in the WCPFC Convention Area).

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300.173; 50 CFR 660.704 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 2431 et seq; 16 USC 7001 et seq; 31 USC 9701 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/05/2011 76 FR 18706 

NPRM Comment Period End 05/05/2011 

Final Action 01/00/2012 

Final Rule Effective 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Heidi Hermsmeyer

IATTC Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

501 West Ocean Boulevard

Long Beach , CA 90802 

Phone: 562 980-4036 

FAX: 562 980-4047

E-Mail: heidi.hermsmeyer@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA64

 View Related Documents

Title: Atlantic Highly Migratory Species; Vessel Monitoring Systems

Abstract: The National Marine Fisheries Service (NMFS) will require replacement of currently required Mobile Transmitting Unit

(MTU) VMS units with Enhanced Mobile Transmitting Unit (E-MTU) VMS units in Atlantic Highly Migratory Species (HMS)

fisheries, implement a declaration system that requires vessels to declare target fishery and gear type(s) possessed on board,

and require that a qualified marine electrician install all E-MTU VMS units. This rulemaking removes dated MTU VMS units from

service in Atlantic HMS fisheries, makes Atlantic HMS VMS requirements consistent with other VMS monitored Atlantic

fisheries, provides the National Oceanic and Atmospheric Administration Office of Law Enforcement (NMFS) with enhanced

communication with HMS vessels at sea, and could increase the level of safety at sea for HMS fishery participants. This rule

affects all HMS Pelagic Longline (PLL), Bottom Longline (BLL), and shark gillnet fishermen who are currently required to have

VMS onboard their vessels.

Regulations.gov Friday, January 20, 2012 Unified Agenda

122
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 971 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM Correction 06/29/2011 76 FR 38107 

NPRM 06/21/2011 76 FR 36071 

Notice of Additional Public Meetings 07/01/2011 76 FR 38598 

NPRM Comment Period End 08/01/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA67

 View Related Documents

Title: Taking and Importing Marine Mammals: U.S. Navy Training; U.S. Navy Training in the Southern California Range

Complex; and U.S. Navy's Atlantic Fleet Active Training

Abstract: In January 2009, pursuant to the Marine Mammal Protection Act (MMPA), NMFS issued three 5-year final

regulations to govern the unintentional taking of marine mammals incidental to Navy training and associated activities conducted

in the Hawaii Range Complex (HRC), the Southern California Range Complex (SOCAL Range Complex), and the Atlantic Fleet

Active Sonar Training (AFAST) Study Area. These regulations, which allow for the issuance of "Letters of Authorization" (LOAs)

for the incidental take of marine mammals during the specified activities and described timeframes, 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. The specified activities in these

rules are strictly quantified by amounts of individual sound sources that will be used over the course of the 5-year rules, and the

rules indicate that marine mammal take may only be authorized in an LOA incidental to the source types and amounts

described. Specifically, no language was initially included expressly allowing for deviation from those precise levels of source

use if the total number of takes remain within the analyzed and authorized limits. Since the issuance of the 2009 rules, the

Navy realized that their evolving training programs, which are linked to real world events, necessitate greater flexibility in the

types and amounts of sound sources that they use. In response to this need, when the Navy requested incidental take

authorizations for other areas (e.g., the Mariana Islands and the Northwest Training Range Complexes), NMFS included

language explicitly allowing for greater flexibility. NMFS has, through this interim final rule, amended the HRC, SOCAL Range

Complex, and AFAST regulations to explicitly allow for greater flexibility in the types and amount of sound sources that they use.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 02/08/2011 76 FR 6699 

Regulations.gov Friday, January 20, 2012 Unified Agenda

123
Interim Final Rule Comment Period End 03/10/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA68

 View Related Documents

Title: Amendment 13 to the Coastal Pelagic Species Fishery Management Plan

Abstract: This rule implements Amendment 13 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The

rule implements parts of Amendment 13 to the CPS FMP, which is intended to ensure the FMP is consistent with advisory

guidelines published in Federal regulations. Amendment 13 revises the framework process currently in place to set and adjust

fishery specifications and management measures and modifies this framework to include the specification of new reference

points such as annual catch limit (ACL).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 06/08/2011 76 FR 33189 

NPRM 06/28/2011 76 FR 37761 

NPRM Comment Period End 07/28/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Joshua Lindsay Department of Commerce

National Oceanic and Atmospheric Administration

501 West Ocean Boulevard

Long Beach , CA 90802 

Phone: 562 980-4034 

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA69

 View Related Documents

Title: Atlantic Highly Migratory Species; Implementing International Convention for the Conservation of Atlantic Tunas

Recommendations on Sharks

Abstract: This action implements two recommendations adopted at the 2010 annual meeting of the International Commission

Regulations.gov Friday, January 20, 2012 Unified Agenda

124
for the Conservation of Atlantic Tunas (ICCAT). Recommendation 10-07 prohibits the retention, transshipping, landing, storing,

or selling of oceanic whitetip sharks. Recommendation 10-08 prohibits the retention, transshipping, landing, storing, or selling of

hammerhead sharks in the family Sphyrnidae, except for Sphyrnidae tiburo, taken in the Convention area in association with

ICCAT fisheries.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 971 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/29/2011 76 FR 23935 

NPRM Comment Period End 05/31/2011 

Final Rule 08/29/2011 76 FR 53652 

Final Rule Effective 09/28/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA71

 View Related Documents

Title: Amendment 15 to the Atlantic Sea Scallop Fishery Management Plan

Abstract: Amendment 15 to the Atlantic Sea Scallop Fishery Management Plan (Scallop FMP) was developed by the New

England Fishery Management Council (Council) to implement Annual Catch Limits (ACLs) and Accountability Measures (AMs)

to come into compliance with new requirements of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

In addition, Amendment 15 to the Scallop FMP includes measures that would make management of the scallop fishery more

effective including: Modification of the overfishing definition for scallops; an increase in the possession limit for Limited Access

General Category (LAGC) vessels; an allowance for carryover of Individual Fishing Quotas (IFQ) for LAGC vessels; a provision

to enable LAGC vessel owners to permanently transfer IFQ separate from a vessel's LAGC permit; revision of the essential fish

habitat closures under the Scallop FMP; and several changes to the scallop research set-aside program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 03/24/2011 76 FR 16595 

NPRM 04/11/2011 76 FR 19929 

NPRM Comment Period End 05/26/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

125
Final Rule 07/21/2011 76 FR 43746 

Final Action--Correction 12/00/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: Federal; State

Federalism: No

Energy Affected: No

Agency Contact: Peter Christopher Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Drive

Gloucester , MA 01930 

Phone: 978 281-9288 

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA72

 View Related Documents

Title: Framework Adjustment 22 to the Scallop Fishery Management Plan

Abstract: Framework 22 to the Atlantic Sea Scallop FMP (Framework 22) sets management measures for the scallop fishery

for the 2011-2013 Fishing Years (FYs), including the Annual Catch Limits (ACL) and annual catch targets for the limited access

and limited access general category fleets based on the ACL framework proposed in Amendment 15 to the FMP. In addition,

Framework 22 revises the scallop access area schedules for FYs 2011-2013, sets the scallop Days-At-Sea (DAS) allocations

and sea scallop access area trip allocations, and sets measures to minimize impacts of incidental take of sea turtles in the MidAtlantic Total Allowable Catches (TACs) for the Northern Gulf of Maine management area, observer set-aside, and incidental

landings (target TAC).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/29/2011 76 FR 23940 

NPRM Comment Period End 05/31/2011 

Final Action 07/21/2011 76 FR 43774 

Final Action Effective 08/01/2011 

Correcting Amendment 12/00/2011 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-BB05

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA75

Regulations.gov Friday, January 20, 2012 Unified Agenda

126
 View Related Documents

Title: Atlantic Highly Migratory Species Electronic Dealer Reporting Requirements

Abstract: This rulemaking requires all federally-permitted Atlantic Highly Migratory Species (HMS) dealers to report

commercially caught HMS (i.e., Atlantic sharks, tunas, and swordfish) to the National Marine Fisheries Service (NMFS) through

an electronic reporting system. In addition, this rulemaking clarifies that a dealer is only authorized to buy commercially caught

HMS if the dealer reports have been submitted to NMFS in a timely manner. Any delinquent reports need to be submitted and

accepted before a dealer can buy commercially caught HMS. Finally, this rulemaking requires that all commercially harvested

HMS caught by federally permitted fishermen be offloaded to federally-permitted and certified HMS dealers, who must report the

associated catch to NMFS. These measures are necessary to ensure timely and accurate reporting, which is critical for quota

monitoring and management of HMS.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/28/2011 76 FR 37750 

NPRM Comment Period End 08/12/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA76

 View Related Documents

Title: List of Fisheries for 2012

Abstract: This action publishes the annual List of Fisheries (LOF), as required by section 118 of the Marine Mammal

Protection Act (MMPA). The LOF for 2012 reflects new information on interactions between commercial fisheries and marine

mammals. The National Marine Fisheries Service must categorize each commercial fishery on the LOF into one of three

categories under the MMPA, based upon the levels of mortality and serious injury of marine mammals that occur within each

fishery. The categorization of a fishery in the LOF determines whether participants in that fishery are subject to certain

provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 229 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/28/2011 76 FR 37716 

NPRM Comment Period End 07/28/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

127
Final Rule 12/00/2011 

Final Action Effective 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Melissa Andersen

Fishery Biologist, Management

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 Extension: 173 

FAX: 301 713-2521

E-Mail: melissa.andersen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA77

 View Related Documents

Title: Revised Implementing Regulations for Requirements To Publish Textual Descriptions of Boundaries of Critical Habitat

Abstract: We (FWS and NMFS; also collectively referred to as the Services) revise the implementing regulations contained

within title 50 of the Code of Federal Regulations, sections 17.94(b), 226.101, 424.12(c), 424.16(b) and (c)(ii), and 424.18(a),

as they relate to publishing textual descriptions of proposed and final critical habitat boundaries in the Federal Register. In the

interest of efficiency, saving taxpayer monies, and making the process of designating critical habitat more user-friendly for

affected parties, the public as a whole, and the Services, we maintain the publication of maps of proposed and final critical

habitat designations, but make optional the inclusion of any textual description of the boundaries of the designation in the

Federal Register. Although the boundaries of critical habitat as mapped or otherwise described in the Regulation Promulgation

section of a future rulemaking that is published in the Federal Register will be the official delineation of the designation, we will

provide the public with easier-to-use and more accessible tools that represent the Services' interpretation of which areas are

covered by the designation. These tools will be available on the Internet and at the applicable FWS or NMFS office.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 17; 50 CFR 226; 50 CFR 424 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1533

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/17/2011 76 FR 28405 

NPRM Comment Period End 07/18/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Marta Nammack

Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-1401 Extension: 180 

FAX: 301 427-2523

E-Mail: marta.nammack@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

128
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA80

 View Related Documents

Title: Bering Sea Chinook Salmon Economic Data Reporting Program

Abstract: NMFS implements the Chinook Salmon Economic Data Program to evaluate the effectiveness of Chinook salmon

bycatch management measures for the Bering Sea pollock fishery that were implemented under Amendment 91 to the Fishery

Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The rule is intended to

promote the goals and objectives of the FMP, the Magnuson-Stevens Fishery Conservation and Management Act, and other

applicable law. To collect the data, NMFS requires submission of each of the following three reports/surveys. These will be in a

fillable electronic format available on the NMFS AKR website. Representatives of AFA catcher/processor and mothership

sectors, inshore cooperatives, the inshore open access fishery, and CDQ groups will be responsible to submit the Chinook

EDR. The Reports/Surveys are: Chinook Salmon PSC Allocation Compensated Transfer Report (CTR); Vessel Fuel Survey; and

the Vessel Master Survey. In addition to these reports/surveys, NMFS will collect new information concerning vessel

movements on the fishing grounds and more general data on pollock allocations and transfers through revisions of requirements

to the existing IPA Annual Report.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 1851; 16 USC 3631 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/18/2011 76 FR 42099 

NPRM Comment Period End 08/17/2011 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA81

 View Related Documents

Title: Revision of Hawaiian Monk Seal Critical Habitat

Abstract: On July 9, 2008, NMFS received a petition from the Center for Biological Diversity, Kahea, and the Ocean

Conservancy to revise the Hawaiian monk seal critical habitat designation by adding the following areas in the main Hawaiian

Islands (MHI): Key beach areas, sand spits, and islets, including all beach crest vegetation to its deepest extent inland; lagoon

waters; inner reef waters; and ocean waters out to a depth of 200 meters. In addition, the petitioners requested that designated

critical habitat in the NWHI be extended to include Sand Island at Midway, as well as ocean waters out to a depth of 500

meters. On October 3, 2008, NMFS announced in the 90-day finding that the petition presented substantial scientific information

indicating that a revision to the current critical habitat designation may be warranted. On June 12, 2009, in the 12-month finding,

NMFS announced that a revision to critical habitat is warranted, on account of new information available regarding habitat use

by the Hawaiian monk seal, and announced our intention to proceed toward a proposed rule. This rule describes the critical

habitat designation, including supporting information on Hawaiian monk seal biology, distribution, and habitat use, and the

methods used to develop the proposed revision to Hawaiian monk seal critical habitat.

Regulations.gov Friday, January 20, 2012 Unified Agenda

129
Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1533

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/02/2011 76 FR 32026 

Notice of Public Meetings 07/14/2011 76 FR 41446 

NPRM Comment Period End 08/31/2011 

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AX23

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA90

 View Related Documents

Title: Atlantic Highly Migratory Species; North and South Atlantic 2011 Commercial Swordfish Quotas

Abstract: This rule modifies the 2011 fishing season quotas for North and South Atlantic swordfish based on recent updated

landings information. This rule also implements recommendations from the 2010 annual meeting of the International

Commission for the Conservation of Atlantic Tunas (ICCAT). This rule may also include other minor regulatory clarifications. This

rule is necessary to ensure that current swordfish quotas account for underharvests from the 2010 fishing year, consistent with

regulations at 50 CFR 635 and ICCAT recommendations that establish the U.S. North and South Atlantic swordfish allocations.

This action is not significant under the meaning of E.O. 12866 since it is below the economic threshold of impact, and has no

novel or legal policy issues associated with it.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 971 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/23/2011 76 FR 36892 

NPRM Comment Period End 07/25/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Emily Menashes

Acting Director, Office of Sustainable Fisheries

Regulations.gov Friday, January 20, 2012 Unified Agenda

130
Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2234 

E-Mail: emily.menashes@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA94

 View Related Documents

Title: 2011 Gulf of Mexico Gag Recreational and Commercial Management Measures

Abstract: On August 11, 2009, the NMFS Regional Administrator notified the Gulf of Mexico Fishery Management Council

(Council) of his determination that the gag stock was both overfished and undergoing overfishing, based on the results of the

2009 update assessment of the Gulf of Mexico gag stock. Therefore, the stock needs to be rebuilt. The Council is currently

developing Amendment 32 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico to address stock

rebuilding and ending overfishing; however, management measures proposed in this amendment will not be ready for

implementation until 2012. In addition, questions with how discarded fish were applied in the assessment delayed final

management recommendations until these issues could be resolved. Therefore, the Council requested an interim rule effective

January 1, 2011, to set a conservative gag quota, temporarily rescind the use of multi-use individual fishing quota allocation so

it cannot be used to harvest gag, and set the gag recreational harvest to zero with the intent to increase the quota and allow a

recreational season once the assessment was finalized. The assessment was rerun in December 2010, addressing the problems

with discards, and was reviewed in January 2011. Based on the assessment, the Council has recommended another interim

rule that would raise the commercial quota to 430,000 pounds gutted weight, continue to rescind the use of multi-use individual

fishing quota allocation, and allow a fall recreational season using the current bag limit. Long-term measures, including a

rebuilding plan, are still being developed in Amendment 32 for implementation in 2012.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/21/2011 76 FR 22345 

NPRM Comment Period End 05/06/2011 

Interim Final Rule 06/02/2011 76 FR 31874 

Emergency Rule Extension 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-BA02

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA97

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

131
Title: Central Gulf of Alaska Rockfish Program Fishery Management Plan GOA 88

Abstract: Amendment 88 would implement the Central Gulf of Alaska Rockfish Program to replace the existing regulations for

the Rockfish Pilot Program that are scheduled to expire at the end of 2011. This program would allocate exclusive harvest

privileges to a select group of License Limitation Program (LLP) license holders who used trawl gear to target Pacific ocean

perch, pelagic shelf rockfish, and northern rockfish during a suite of qualifying years. It would retain the conservation,

management, safety, and economic gains realized under the rockfish pilot program and resolve identified issues in the

management and viability of each sector. This program, if approved, would be implemented in 2012.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 07/28/2011 76 FR 45217 

NPRM 08/19/2011 76 FR 52148 

NPRM Commend Period End 09/19/2011 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB03

 View Related Documents

Title: Taking and Importing Marine Mammals: U.S. Navy Training in the Virginia Capes Range Complex and Jacksonville

Range Complex

Abstract: On April 3, 2008, NMFS received an application from the Navy requesting an authorization for the take of 15

species/stocks of cetacean incidental to the proposed mission activities in the NSWC PCD study area over the course of 5

years. These mission activities are classified as military readiness activities. The purpose of the proposed mission activities is to

enhance NSWC PCD's capability and capacity to meet littoral and expeditionary warfare requirements by providing Research,

Development, Testing, and Evaluation (RDT&E) and in-service engineering for expeditionary maneuver warfare, operations in

extreme environments, mine warfare, maritime operations, and coastal operations. The Navy states that these training activities

may cause various impacts to marine mammal species in the NSWC PCD study area. The Navy requests an authorization to

take individuals of these cetacean species by Level B harassment. Further, the Navy requests an authorization to take one

individual each of bottlenose, Atlantic spotted, and pantropical spotted dolphins per year by injury, as a result of the proposed

mission activities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Regulations.gov Friday, January 20, 2012 Unified Agenda

132
Interim Final Rule 05/26/2011 76 FR 30552 

Interim Final Rule Comment Period End 06/27/2011 

Final Action 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB04

 View Related Documents

Title: Endangered and Threatened Species: Designation of a Nonessential Experimental Population for Middle Columbia River

Steelhead Above the Pelton Round Butte Hydroelectric Project in the Deschutes River

Abstract: We, the National Marine Fisheries Service (NMFS), propose to designate Middle Columbia River steelhead

reintroduced into the upper Deschutes River basin in central Oregon, as a Nonessential Experimental Population (NEP) under

section 10(j) of the Endangered Species Act (ESA). This NEP designation would expire 12 years after returning steelhead adults

are placed into the Upper Deschutes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 223 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1539(j); 16 USC 1533(d)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/18/2011 76 FR 28715 

NPRM Comment Period End 07/18/2011 

Final Action 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Barry Thom

Regional Administrator, Northwest Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

Building 1 7600 Sand Point Way NE.

Seattle , WA 48115-0070 

Phone: 206 526-6150 

FAX: 206 526-6426

E-Mail: barry.thom@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB05

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

133
Title: Emergency Action To Close the Nantucket Lightship Access Area Under the Atlantic Sea Scallop Fishery Management

Plan

Abstract: At the request of the New England Fishery Management Council, this emergency action closes the Nantucket

Lightship scallop access area for the 2011 fishing year (FY). The purpose of this action is to close the NLS prior to the access

area's opening on June 15, 2011, and to prevent vessels from fishing in access areas that were not proposed to be open in FY

2011 under Framework Adjustment 22 to the Atlantic Sea Scallop Fishery Management Plan.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule for Emergency Action 06/01/2011 76 FR 31491 

Emergency Rule Extension 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB07

 View Related Documents

Title: Repeal of the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico

Abstract: This action repeals the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP) and

removes its implementing regulations, as requested by the Gulf of Mexico Fishery Management Council (Council). The stone

crab fishery takes place primarily in State waters (off the coast of Florida) and Florida's Fish and Wildlife Conservation

Commission (FWC) is extending its management into Federal waters. Repealing the Federal regulations would eliminate

duplication of management efforts, reduce costs, and align with the President's Executive Order 13563, "Improving Regulation

and Regulatory Review," to ensure Federal regulations are more effective and less burdensome in achieving regulatory

objectives. The intended effect of this action is to enhance the effectiveness and efficiency of managing the stone crab fishery in

the Gulf of Mexico (Gulf).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 654 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/20/2011 76 FR 43250 

NPRM Comment Period End 08/19/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

134
Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB08

 View Related Documents

Title: Implement Framework Adjustment 46 to the Northeast Multispecies Fishery Management Plan

Abstract: NMFS proposes regulations to implement measures in Framework Adjustment (FW) 46 to the NE Multispecies

Fishery Management Plan (FMP). FW 46 was developed and submitted to NMFS for approval by the New England Fishery

Management Council (Council) to address haddock catch in the Atlantic herring fishery. The proposed rule would increase the

haddock incidental catch cap allocated to the Atlantic midwater trawl herring fishery to 1 percent of the Georges Bank (GB)

haddock Acceptable Biological Catch (ABC), and to 1 percent of the Gulf of Maine (GOM) haddock ABC. In addition, this action

would modify the cap accountability measures (AMs) such that, upon attainment of the cap, the midwater trawl herring fleet

could not catch or land herring in excess of the incidental catch limit (2,000 lb (907.2 kg)) in or from the appropriate haddock

stock area. This action is intended to allow the herring fishery to fully utilize available herring quota, while providing incentives

for the midwater trawl fishery to minimize haddock catch.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/19/2011 76 FR 42663 

NPRM Comment Period End 08/03/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Melissa Vasquez

Fishery Policy Analyst

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Drive

Gloucester , MA 01930 

Phone: 978 281-9166 

E-Mail: melissa.vasquez@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB12

 View Related Documents

Title: Emergency Rule To Increase the Commercial and Recreational Quotas for Red Snapper in the Gulf of Mexico

Abstract: At the June 2011 meeting, the Gulf of Mexico Fishery Management Council (Council) requested an action to

Regulations.gov Friday, January 20, 2012 Unified Agenda

135
increase the 2011 red snapper allowable biological catch by 345,000 lbs based on the recommendation of the Council's Science

and Statistical Committee. This increase would be distributed to the recreational sector. NOAA Fisheries Service would publish

this emergency rule that would increase the 2011 recreational quota for red snapper in the Gulf of Mexico reef fishery and allow

the Regional Administrator to reopen the recreational season after the October 1 closure date. If NOAA Fisheries Service

determines that the recreational red snapper quota was not reached by the July 19, 2011, closure date for 2011, the recreational

fishery would reopen to red snapper harvest for a limited time period.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622; 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 1355(c); 16 USC 1851(a)(1); 5 USC 553(b)(B); 5 USC 601 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/12/2011 76 FR 50143 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Related to 0648-BA63

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB13

 View Related Documents

Title: Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Program Improvement

and Enhancement

Abstract: This action would implement revisions to the Pacific Coast Groundfish Trawl Rationalization Program (program), a

catch share program. It includes regulations that affect all sectors (limited entry, open access, and recreational) managed under

the Pacific Coast Groundfish Fishery Management Plan (FMP). This action includes both regulatory amendments and FMP

amendments to further clarify Amendments 20 and 21 to the FMP. This action includes, but is not limited to: revisions to the

allocation formula for Pacific halibut individual bycatch quota, clarification that Amendment 21 supersedes limited entry/open

access allocations for certain groundfish species, revisions to the observer coverage requirement while a vessel is in port and

before the offload is complete, revisions to the electronic fish ticket reporting requirements, revisions to the first receiver site

license requirement, further clarification on moving between limited entry and open access fisheries, and a process for end-ofthe-year vessel account resolution. This rulemaking would include Paperwork Reduction Act packages including, but not limited

to, new form for observer/catch monitor reporting, revised reporting requirements on electronic fish tickets, and revised

requirements for first receiver site licenses.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 08/15/2011 76 FR 50449 

Regulations.gov Friday, January 20, 2012 Unified Agenda

136
NPRM 09/02/2011 76 FR 54888 

NRPM Comment Period End 10/14/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AY68; Related to 0648-AX98

Agency Contact: Frank Lockhart

Program Analyst

Department of Commerce

National Oceanic and Atmospheric Administration

7600 Sand Point Way NE.

Seattle , WA 98115 

Phone: 206 526-6142 

FAX: 206 526-6736

E-Mail: frank.lockhart@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB15

 View Related Documents

Title: Supplement Amendment 26 and Amendment 29 to the Reef Fish Fishery Management Plan (FMP) of the Gulf of Mexico

Abstract: Amendment 26 to the Reef Fish fishery management plan (FMP) established the Gulf of Mexico Red Snapper

Individual Fishing Quota (IFQ) program. This amendment contains provisions to allow public participation after 5 years of the

program. As of January 1, 2012, all U.S. citizens and permanent resident aliens are eligible to participate in the Gulf Red

Snapper IFQ program. Amendment 29 to the Reef Fish FMP established the Gulf of Mexico Grouper-Tilefish IFQ program.

Under the revised Magnuson-Stevens Act (MSA) of 2007, regulations require any participant in IFQ programs to be U.S.

citizens. Currently, information verifying U.S. citizenship is not collected on Federal Reef Fish permit applications. The intended

effect of this action is to establish the requirements and procedures for collecting information necessary to identify participants in

order to monitor, enforce, and review the IFQ program as specified in Amendments 26 and Amendment 29 to the Reef Fish

FMP. This action establishes the requirement that any U.S. citizen, or permanent resident alien applying for participation, or

person previously issued an IFQ online account by NOAA Fisheries Service's Southeast Region must provide such information

on an IFQ online account application to obtain an IFQ online account.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/17/2011 76 FR 50979 

NPRM Comment Period End 09/16/2011 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AS67; Related to 0648-AX39

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

Regulations.gov Friday, January 20, 2012 Unified Agenda

137
E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB25

 View Related Documents

Title: Technical Amendment; Updates to Titles of Officials, Office Names, and References

Abstract: This rule provides multiple updates to make part 300, which pertains to international fisheries, to be consistent with

part 600, which pertains to domestic fisheries. Other updates in office names, references to the Magnuson-Stevens Act, and a

fax number are also included.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300; 50 CFR 600 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Christopher Rogers

Division Chief

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-9090 Extension: 117 

FAX: 301 713-9106

E-Mail: christopher.rogers@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB32

 View Related Documents

Title: Emergency Rule to Increase the 2011 Catch Limits for the Northeast Skate Complex

Abstract: The proposed temporary emergency rule would increase the skate complex Acceptable Biological Catch (ABC),

Annual Catch Limit (ACL), Annual Catch Target (ACT), and annual Total Allowable Landings (TALs) consistent with best

available scientific information, and the procedures contained in the Northeast Skate Complex Fishery Management Plan. The

Council requested the emergency action after receiving a new recommendation for ABC from the Scientific and Statistical

Committee in June 2011. The action is needed to extend the fishing season for the directed skate fisheries, and help avoid the

economic impacts of a potential fishery closure before the end of the fishing year.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/30/2011 76 FR 53872 

NPRM Comment Period End 09/14/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

138
Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB43

 View Related Documents

Title: Rule To Delay the Effective Date of Atlantic Smoothhound Management Measures

Abstract: NMFS is delaying the effective date of smoothhound management measures implemented in the Final Rule for

Amendment 3 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP)(June 1, 2010). This

action is necessary to ensure recent legislation, namely the 2010 Shark Conservation Act, is fully considered and to allow time

for a Section 7 consultation under the Endangered Species Act (ESA) to be completed. NMFS expects that the smoothhound

management measures would become effective upon the effective date of the rule implementing the Shark Conservation Act

smooth dogfish measures or following completion of the Section 7 Biological Opinion, whichever is later.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Merge with 0648-AW65

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY87

 View Related Documents

Title: Emergency Rule To Close a Portion of Federal Waters in the Gulf of Mexico in Response to the Deepwater Horizon Oil

Regulations.gov Friday, January 20, 2012 Unified Agenda

139
Spill

Abstract: An oil spill occurred on April 23, 2010, in the Gulf of Mexico approximately 50 miles off the Louisiana coast. NOAA is

estimating that oil leaking from the incident site may be as much as 5,000 barrels a day or more. Several agencies are

responding to the oil spill and conducting cleanup activities in the vicinity. To prevent interference with safety personnel, an

emergency rule is necessary to close the Federal waters to all fishing activities near the incident site and the oil slick. Under

MSA 305(c), this emergency rule would remain in effect until the circumstances that created the emergency no longer exist.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

1st Interim Final Rule Effective 05/03/2010 

1st Emergency Rule 05/06/2010 75 FR 24822 

2nd Emergency Rule 05/12/2010 75 FR 26679 

2nd Interim Final Rule Comment Period End 05/17/2010 

1st Interim Final Rule Comment Period End 06/11/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY90

 View Related Documents

Title: Emergency Action To Close Portions of Federal Waters in the Gulf of Mexico to Fishing Activities in Response to the

Deepwater Horizon Oil Spill

Abstract: On April 20, 2010, an incident involving a deepwater drilling platform occurred approximately 51 miles southeast of

Venice, Louisiana. Due to the inherent dangers associated with this emergency situation, for both the public and the response

personnel, NMFS is promulgating emergency regulations to restrict fishing activities in portions of the exclusive economic zone

(EEZ) affected by the oil spill. NMFS anticipates a potential need to adjust the spatial and temporal boundaries of the closed

area as conditions change to the extent of the oil pollution. Alternatives evaluated in the environmental assessment include (1)

a no-action alternative to allow status quo fishing activities in the EEZ, and (2) an alternative to restrict fishing activities in

portions of the EEZ affected by the oil spill.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Next Action Undetermined 

Temporary Rule; Emergency Action 1 05/14/2010 75 FR 27217 

Regulations.gov Friday, January 20, 2012 Unified Agenda

140
Temporary Rule; Emergency Action 2 08/18/2010 75 FR 50934 

Temporary Rule; Emergency Action 4 12/08/2010 75 FR 76300 

Temporary Rule; Emergency Action 3 12/01/2010 75 FR 74648 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AY87

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA17

 View Related Documents

Title: Atlantic Highly Migratory Species; Future of the Atlantic Shark Fishery

Abstract: NMFS is issuing an advance notice of proposed rulemaking (ANPRM) to provide background information and

request public comment on potential adjustments to the regulations governing the U.S. Atlantic shark fishery to address current

fishery issues and to identify specific shark fishery goals for the future. NMFS is requesting public comment regarding the

potential implementation of changes to the quota and/or permit structure that are currently in place for the Atlantic shark fishery.

NMFS is also requesting comments on various catch-share programs, such as limited-access privilege programs, individual

fishing quotas, and sectors for the Atlantic shark fishery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 971 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/20/2010 75 FR 57235 

ANPRM Comment Period End 01/14/2011 

NPRM 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AH26

Regulations.gov Friday, January 20, 2012 Unified Agenda

141
 View Related Documents

Title: Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a Captive

Marine Mammal Inventory

Abstract: This rule revises and simplifies criteria and procedures specific to permits for taking, transporting, importing, and

exporting protected species for public display, and provides convenient formats for reporting marine mammal captive holdings

and transports as required by amendments made in 1994 to the Marine Mammal Protection Act.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1372(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/03/2001 66 FR 35209 

NPRM Comment Period Extended 08/22/2001 66 FR 44109 

NPRM Comment Period End 09/04/2001 

NPRM Comment Period Extended To 11/02/2001 

Withdrawn 08/18/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Dr. Michael Payne 

Fishery Biologist

Department of Commerce

National Oceanic and Atmospheric Administration

P.O. Box 21668

Juneau , AK 99802 

Phone: 907 586-7235 

FAX: 301 713-2521

E-Mail: michael.payne@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AU74

 View Related Documents

Title: Effort Limitation for United States Commercial Fishing Vessels Targeting North Pacific Albacore Tuna

Abstract: The National Marine Fisheries Service is considering regulations to fulfill the United States' obligation under InterAmerican Tropical Tuna Commission (IATTC) Resolution to cap effort in the North Pacific albacore surface hook-and-line

fishery managed under the Highly Migratory Species Fishery Management Plan. The IATTC Resolution recommends that

member nations and cooperating parties take this action to address potential overfishing concerns for North Pacific albacore.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/14/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

142
Agency Contact: Mark Helvey 

Assistant Regional Administrator for Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

501 West Ocean Boulevard

Long Beach , CA 90802 

Phone: 562 980-4040 

FAX: 562 980-4047

E-Mail: mark.helvey@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV15

 View Related Documents

Title: Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal

Protection Act

Abstract: The National Marine Fisheries Service (NMFS) is considering whether to propose regulations to protect killer whales

(Orcinus orca) in the Pacific Northwest. The Southern Resident killer whale distinct population segment (DPS) was listed as

endangered under the Endangered Species Act (ESA) on November 18, 2005 (70 FR 69903). In the final rule announcing the

listing, NMFS identified vessel effects, including direct interference and sound, as a potential contributing factor in the recent

decline of this population. Both the Marine Mammal Protection Act (MMPA) and the ESA prohibit take, including harassment, of

killer whales, but these statutes do not prohibit specified acts. NMFS is now considering whether to propose regulations that

would prohibit certain acts, under our general authorities under the ESA and MMPA and their implementing regulations. The

Proposed Recovery Plan for Southern Resident killer whales (71 FR 69101; Nov. 29, 2006) includes as a management action

the evaluation of current guidelines and the need for regulations and/or protected areas. The scope of this ANPRM

encompasses the activities of any person or conveyance that may result in the unauthorized taking of killer whales and/or that

may cause detrimental individual-level and population-level impacts. NMFS requests comments on whether--and if so, what

type of--conservation measures, regulations, and, if necessary, other measures would be appropriate to protect killer whales

from the effects of these activities.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 216; 50 CFR 224 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq; 16 USC 1531 to 1543

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 03/22/2007 72 FR 13464 

ANPRM Comment Period End 04/23/2007 

NPRM 07/29/2009 74 FR 37674 

NPRM Comment Period Extended 10/19/2009 74 FR 53454 

NPRM Comment Period End 10/27/2009 

NPRM Extended Comment Period End 01/15/2010 

Final Action 04/14/2011 76 FR 20870 

Final Action Effective 05/16/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State

Federalism: Yes

Energy Affected: No

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

143
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV89

 View Related Documents

Title: Regulations on Conducting Interagency Consultation Pursuant to the National Marine Sanctuaries

Abstract: Section 304(d) of the National Marine Sanctuaries Act requires Federal agencies to consult with the Secretary of

Commerce for any action that is likely to injure, cause the loss of, or destroy any sanctuary resource. This rulemaking would

consider the need to have regulations to provide additional specificity regarding the procedures for conducting this consultation

process.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 922 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1434; 16 USC 1439; 16 USC 1441

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 08/26/2008 73 FR 50259 

ANPRM Comment Period End 10/31/2008 

Withdrawn 07/20/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: John Armor

Legislative, Regulatory, and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW66

 View Related Documents

Title: Western Pacific Pelagic Fisheries; Purse Seine Prohibited Areas Around American Samoa

Abstract: This rule would establish 75-nautical mile (nm) purse seine fishing prohibited areas in the U.S. Exclusive Economic

Zone (EEZ) around American Samoa. The rule is intended to reduce catch competition between purse seine vessels and local

trolling and longline fleets due to localized stock depletion by purse seine fishing, and minimize gear conflicts between the local

longline fleet and domestic purse seine vessels. Currently, there are two 50 nm areas around American Samoa where large

fishing vessels (50 ft and longer) are prohibited from fishing. The rule would increase the distance from shore of these prohibited

areas for U.S. purse seine vessels only.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availabilty 04/06/2011 76 FR 19028 

NPRM 04/29/2011 76 FR 23964 

Regulations.gov Friday, January 20, 2012 Unified Agenda

144
NPRM Comment Period End 06/13/2011 

Withdrawn 07/11/2011 76 FR 40674 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW67

 View Related Documents

Title: Western Pacific Pelagic Fisheries; Prohibiting Longline Fishing Within 30 nm of the Northern Mariana Islands

Abstract: This rule prohibits pelagic longline fishing within approximately 30 nautical miles (nm) of the islands of the

Commonwealth of the Northern Mariana Islands (CNMI). By establishing a longline fishing prohibited area around the CNMI,

NMFS intends to reduce the potential for nearshore localized fish depletion from longline fishing, and to limit catch competition

and gear conflicts between the CNMI-based longline and trolling fleets. This rule also makes several administrative clarifications

to the pelagic fishing regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 03/11/2011 76 FR 13330 

NPRM 03/31/2011 76 FR 17811 

NPRM Comment Period End 05/16/2011 

Final Action 06/27/2011 76 FR 37287 

Final Action Effective 07/27/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW75

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

145
Title: Amendment 4 to the Atlantic Herring Fishery Management Plan

Abstract: The goal of Amendment 4 is to improve catch monitoring and ensure compliance with the Reauthorized MagnusonStevens Fishery Conservation and Management Act (MSRA). The management measures developed in this amendment may

address one or more of the following objectives: (1) To implement measures to improve the long-term monitoring of catch

(landings and bycatch) in the herring fishery; (2) to implement annual catch limits and accountability measures consistent with

the MSRA; (3) to implement other management measures as necessary to ensure compliance with the new provisions of the

MSRA; (4) to develop a sector allocation process or other limited access privilege program for the herring fishery; and (5) in the

context of objectives 1-4 (above), to consider the health of the herring resource and the important role of herring as a forage

fish and a predator fish throughout its range. The New England Fishery Management Council will develop conservation and

management measures to address the issues identified above and meet the goals/objectives of the amendment. Any

conservation and management measures developed in this amendment also must comply with all applicable laws.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 05/08/2008 73 FR 26082 

Notice of Availability 08/12/2010 75 FR 48920 

Notice of Availability Comment Period End 10/12/2010 

NPRM 10/18/2010 75 FR 63791 

NPRM Comment Period End 12/02/2010 

Final Action 03/02/2011 76 FR 11373 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW95

 View Related Documents

Title: Correction and Clarification to Amendment 13 and Subsequent Frameworks of the Northeast Multispecies Fishery

Management Plan

Abstract: This action would make corrections and clarifications to the final rule implementing Amendment 13 to the Northeast

Multispecies Fishery Management Plan, as well as subsequent groundfish actions. These corrections are administrative in

nature and are intended to correct inaccurate references and other inadvertent errors and to clarify specific regulations to

maintain consistency with the intent of Amendment 13 and subsequent actions.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

146
Timetable:

Action Date FR Cite

No Further Action 08/10/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AN17; Related to 0648-AV79

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX09

 View Related Documents

Title: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied

Natural Gas Facility Off Massachusetts

Abstract: On December 27, 2007, the National Marine Fisheries Service (NMFS) received an application from Neptune LNG

LLC (Neptune) for an incidental harassment authorization and regulations, under sections 101(a)(5)(D) and (A) of the Marine

Mammal Protection Act (MMPA) to take small numbers of several species of marine mammals, by Level B harassment, for a

period of one year, incidental to construction of the Neptune offshore liquefied natural gas (LNG) facility, and for a period of five

years incidental to construction and operation of the Port, respectively. The project has the potential to disrupt the behavior

patterns of marine mammals due to the noise that will be generated by the construction of the Port and pipeline and from

dynamic positioning through the use of thrusters during operation. MARAD and the United States Coast Guard (USCG) released

a Final Environmental Impact Statement (FEIS) for the proposed Neptune LNG Deepwater Port. NMFS was a cooperating

agency in the preparation of the Draft and Final EISs. NMFS has adopted the USCG and MARAD FEIS and issued a separate

Record of Decision for issuance of the IHA.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 217 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Receipt of Application for Rulemaking 02/19/2008 73 FR 9092 

NPRM 12/21/2010 75 FR 80260 

NPRM Comment Period End 02/04/2011 

Final Action 06/12/2011 76 FR 34157 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Candace Nachman Department of Commerce

National Oceanic and Atmospheric Administration

F/PR1, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2289 Extension: 156 

FAX: 301 713-2521

E-Mail: candace.nachman@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

147
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX48

 View Related Documents

Title: Revision of Shoreside Processor and Stationary Floating Crab Processor Crab Economic Data Reports (EDRs)

Abstract: Crab economic data reports (EDRs) were created to aid the North Pacific Fishery Management Council and NMFS

to assess the success of the Crab Rationalization (CR) Program. An EDR contains cost, revenue, ownership, and employment

data. These data are collected annually from the crab harvesting and processing sectors, including owners and lessees of

catcher vessels, catcher/processors, shoreside processors, and stationary floating crab processors. The data are used to study

the economic impacts of the CR Program on harvesters, processors, and communities. With limited exceptions, participation in

the data collection program is mandatory for all participants in the crab fisheries. Payment of fees and submission of an EDR

are application requirements that must be completed before a processor quota share or quota share (QS) holder may receive

individual processor quota (IPQ) or individual fishing quota (IFQ). This action would amend regulations in 50 CFR part 680 that

govern the requirements for an annual EDR. Currently, the 680 regulations state that on or before June 28 of each year, any

owner or leaseholder of a stationary floating crab processor (SFCP) or shoreside processor that processed crab from a CR

fishery must submit an EDR for annual data for the previous calendar year. A problem exists with this regulatory language that

results in exempting a few crab processors from the EDR requirement that shouldn't be exempt. A few SFCP or shoreside

processor owners or leaseholders with substantial shares of crab IPQ "purchase" crab but do not "process" the crab; they have

it all custom processed. These participants incur a number of substantial costs and revenues, which go unreported because

they avoid the "processing" trigger in the regulations. This rule would correct this by replacing the word "processed" with

"purchased" in paragraphs 680.6(f)(1) and 680.6(h)(1).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 680 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1862; PL 109-479; PL 109-241

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/14/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX50

 View Related Documents

Title: Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act

Abstract: The National Marine Fisheries Service (NMFS) listed the Cook Inlet beluga whale Distinct Population Segment as

endangered under the Endangered Species Act on October 22, 2008. NMFS is required to designate critical habitat no later

than one year after the publication of a listing. NMFS published a proposed rule on December 2, 2009, and now needs to

finalize the rule within one year from publication of the proposed rule (by December 2, 2010).

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

148
CFR Citation: 50 CFR 226 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 04/14/2009 74 FR 17131 

ANPRM Comment Period End 05/14/2009 

NPRM 12/02/2009 74 FR 63080 

NPRM Comment Period Extended 01/12/2010 75 FR 1582 

NPRM Comment Period End 02/01/2010 

Final Action 04/11/2011 76 FR 20180 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal

Federalism: No

Energy Affected: No

Agency Contact: Marta Nammack

Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-1401 Extension: 180 

FAX: 301 427-2523

E-Mail: marta.nammack@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX64

 View Related Documents

Title: Marianas Trench Marine National Monument, Pacific Remote Islands Marine National Monument, Rose Atoll Marine

National Monument

Abstract: NOAA and USFWS are issuing final regulations for the new Marianas Trench Marine National Monument, Pacific

Remote Islands Marine National Monument, and Rose Atoll Marine National Monument. This action codifies certain provisions

set forth in Presidential Proclamations 8335, 8336, and 8337, issued on January 6, 2009, establishing the monuments. The

Proclamations specified certain provisions on governance of the monuments, including prohibitions on commercial fishing.

Additional prohibitions and regulations may be developed and codified at a later date.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 404 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801; 16 USC 431; 16 USC 460(k); 16 USC 668(dd) to (ee)

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/08/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

Regulations.gov Friday, January 20, 2012 Unified Agenda

149
FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX70

 View Related Documents

Title: Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 5

Abstract: The goals of Amendment 5 are to bring the Fishery Management Plan (FMP) into compliance with the new

requirements of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act (MSA), specifically to establish

annual catch limits (ACLs) and accountability measures (AMs), and to manage the fishery at long-term sustainable levels.

Amendment 5 establishes revised biological and management reference points to be consistent with the MSA and recent

scientific advice; ACLs that are equivalent to the acceptable biological catch (ABC) for each management area; a reactive AM

that requires the ACL to be adjusted if an overage occurs; annual catch targets (ACTs) for each management area as proactive

AMs account for management uncertainty; specifies days-at-sea (DAS) allocations and trip limits for each management area;

authorizes the landing of monkfish heads separate from the rest of the fish; and establishes a provision that would authorize a

vessel to land one additional day's worth of monkfish and have its DAS usage charged accordingly.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 02/20/2009 74 FR 7880 

Notice of Intent Comment Period End 03/31/2010 

Notice of Availability 02/01/2011 76 FR 5555 

NPRM 03/03/2011 76 FR 11737 

NPRM Comment Period End 04/04/2011 

Final Action 05/25/2011 76 FR 30265 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX86

 View Related Documents

Title: Taking of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Training Operations

Conducted Within the Gulf of Mexico Range Complex

Abstract: NMFS has received requests from the U.S. Navy (Navy) for authorizations for the take of marine mammals incidental

to training and operational activities conducted by the Navy's Atlantic Fleet within Gulf of Mexico (GOMEX) Range Complex for

the period beginning December 3, 2009, and ending December 2, 2014. Pursuant to the implementing regulations of the Marine

Mammal Protection Act (MMPA), NMFS issues regulations to govern that take.

Regulations.gov Friday, January 20, 2012 Unified Agenda

150
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 218 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/14/2009 74 FR 33960 

NPRM Comment Period End 08/13/2009 

Final Action 02/17/2011 76 FR 9250 

Regulatory Flexibility Analysis Required: Governmental

Jurisdictions Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY03

 View Related Documents

Title: Implementation of Compatible Regulations With U.S. Virgin Islands Territorial Waters

Abstract: At the June 2009 Council meeting, the Caribbean Fishery Management Council decided to amend the Fishery

Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (U.S.V.I.) to establish compatible

regulations with U.S.V.I. territorial regulations. Currently, fishing for and possession of Queen Conch is prohibited in the

Exclusive Economic Zone, with the exception of an area known as Lang Bank east of St. Croix, which is open to harvest of

Queen Conch from October 1 through June 30. In U.S.V.I. territorial waters, Queen Conch is managed under a 50,000-pound

quota. This action implements compatible regulations which will close the harvest of Queen Conch in Federal waters, including

Lang Bank, once the quota has been reached in the U.S.V.I. and the fishery is closed in territorial waters.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/20/2011 76 FR 3596 

NPRM Comment Period End 02/22/2011 

Final Rule 04/29/2011 76 FR 23907 

Final Action -- Correction 05/26/2011 76 FR 30554 

Final Action Effective 05/31/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

RIN Information URL: sero.nmfs.noaa.gov

Agency Contact: Roy E. Crabtree 

Regulations.gov Friday, January 20, 2012 Unified Agenda

151
Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY27

 View Related Documents

Title: Fisheries in the Western Pacific; Pelagic Fisheries; American Samoa Longline Gear Requirements

Abstract: This rule requires specific gear configuration for pelagic longline fishing in the South Pacific. The requirements apply

to U.S. vessels longer than 40 feet (12.2 m) while fishing south of the Equator, and include minimum float line and branch line

lengths, number of hooks between floats, and distance between floats and adjacent hooks. The rule also limits the number of

swordfish taken. The action is intended to ensure that longlines hook fish deeper than 100 meters (m) to reduce interactions

with Pacific green sea turtles. This final rule also makes administrative clarifications to the names of several tunas and marlins.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 05/23/2011 76 FR 29718 

NPRM 06/07/2011 76 FR 32929 

NPRM Comment Period End 07/22/2011 

Final Rule 08/24/2011 76 FR 52888 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY33

 View Related Documents

Title: Amendment 34 to the Fishery Management Plan for the Bering Sea/Aleutian Islands King and Tanner Crabs

Abstract: Amendment 34 to the FMP amends the Bering Sea/Aleutian Islands Crab Rationalization Program to exempt

additional fishery participants from harvest limits, called sideboards, which apply to some vessels that participate in Gulf of

Alaska groundfish fisheries. Amendment 34 revises the criteria that enable some vessels to operate exempt from sideboards in

the Gulf of Alaska Pacific cod fishery. Amendment 34 also establishes criteria to enable certain vessels to operate exempt from

sideboards in the Gulf of Alaska pollock fishery. The current sideboards impose an economic burden on some fishery

participants that received relatively small amounts of quota share in the Bering Sea/Aleutian Islands Crab Rationalization

Regulations.gov Friday, January 20, 2012 Unified Agenda

152
Program and are dependent on Gulf of Alaska Pacific cod or pollock fisheries. This action is intended to promote the goals of

the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 680 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1862

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 03/14/2011 76 FR 13593 

NPRM 03/28/2011 76 FR 17088 

NPRM Comment Period End 04/27/2011 

Final Action 06/20/2011 76 FR 35772 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY93

 View Related Documents

Title: Fisheries in the Western Pacific; Mechanism for Specifying Annual Catch Limits and Accountability Measures

Abstract: This rule establishes the procedures and timing for specifying annual catch limits (ACLs) and accountability

measures (AMs) for western Pacific fisheries. The final rule is intended to help NMFS end and prevent overfishing, rebuild

overfished stocks, and achieve optimum yield.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 665 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 03/16/2011 76 FR 14367 

NPRM 03/31/2011 76 FR 17808 

NPRM Comment Period End 05/16/2011 

Final Rule 06/27/2011 76 FR 37285 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Alvin Katekaru

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

Regulations.gov Friday, January 20, 2012 Unified Agenda

153
1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA01

 View Related Documents

Title: Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011 to 2012 Biennial Specifications and

Management Measures; FMP Amendment 16-5 and FMP Amendment 23

Abstract: This rule sets the 2011 to 2012 harvest specifications and management measures for groundfish taken in the U.S.

exclusive economic zone off the coasts of Washington, Oregon, and California. This rule also implements Pacific Coast

Groundfish Fishery Management Plan Amendments 16-5 and 23.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: 

Action Source Description Date

Other Judicial Establish a rebuilding plan for overfished petrale sole. 04/29/2011 

Timetable:

Action Date FR Cite

Notice of Availability 10/01/2010 75 FR 60709 

NPRM 11/03/2010 75 FR 67810 

Notice of Availability Comment Period End 11/30/2010 

NPRM Comment Period Extension 12/03/2010 75 FR 75449 

NPRM Comment Period End 12/03/2010 

NPRM Comment Period Extension Ends 01/04/2011 

Final Rule 05/11/2011 76 FR 27508 

Interim Final Rule 06/15/2011 76 FR 34910 

Interim Final Rule Comment Period End 07/15/2011 

Final Action; Correcting Amendment 09/02/2011 76 FR 54713 

Final Rule Effective 09/02/2011 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Frank Lockhart

Program Analyst

Department of Commerce

National Oceanic and Atmospheric Administration

7600 Sand Point Way NE.

Seattle , WA 98115 

Phone: 206 526-6142 

FAX: 206 526-6736

E-Mail: frank.lockhart@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA02

 View Related Documents

Title: Interim Rule To Set the 2010 Commercial Gag Quota, Set the Recreational Harvest, and Reduce or Rescind the Use of

Regulations.gov Friday, January 20, 2012 Unified Agenda

154
Multi-Use Individual Fishing Quota Allocation

Abstract: On August 11, 2009, the Regional Administrator for the Southeast Regional Office notified the Gulf of Mexico Fishery

Management Council (Council) of his determination that the Gulf of Mexico gag stock was both overfished and undergoing

overfishing, based on the results of the 2009 update stock assessment. Therefore, the stock needs to be rebuilt and overfishing

ended. The Council is currently developing Amendment 32 to the Fishery Management Plan (FMP) for the Reef Fish Resources

of the Gulf of Mexico to address stock rebuilding and ending overfishing; however, management measures proposed in this

amendment will not be ready for implementation prior to January 1, 2011. Therefore, temporary measures to reduce or end

overfishing of gag are needed. The Council requested the rule reduce the gag quota to a level consistent with the goals and

objectives of the Council's reef fish management strategy, temporarily rescind the use of multi-use individual fishing quota

allocation so it cannot be used to harvest gag, and temporarily halt the recreational harvest of gag until recreational fishing

management measures being developed in Amendment 32 can be implemented to allow harvest at the appropriate levels.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/18/2010 75 FR 63786 

NPRM Comment Period End 11/02/2010 

Final Action 12/01/2010 75 FR 74650 

Regulatory Flexibility Analysis Required: No Government Levels Affected: State

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA06

 View Related Documents

Title: Emergency Rule To Reopen the Recreational Red Snapper Season in the Gulf of Mexico

Abstract: The Gulf of Mexico Fishery Management Council (Council) has requested that NOAA Fisheries Service publish an

emergency rule that will provide authority to the Regional Administrator to reopen the recreational red snapper season after the

September 30, 2010, end of the fishing season, if it is determined that landings during the June 1 to July 23 open season did

not meet the quota.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/16/2010 75 FR 49883 

NPRM Comment Period End 08/31/2010 

Final Emergency Rule 09/24/2010 75 FR 58335 

Regulations.gov Friday, January 20, 2012 Unified Agenda

155
Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA11

 View Related Documents

Title: Amendment 37 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs

Abstract: Amendment 37 amends the Bering Sea/Aleutian Islands Crab Rationalization Program by establishing a process for

quota share holders, processor quota share holders, and the municipalities of Adak and Atka to agree to and notify NMFS

when Western Aleutian Islands golden king crab fishery deliveries should be exempt from the West regional designation. Under

the Bering Sea/Aleutian Islands Crab Rationalization Program, golden king crab harvested with individual fishing quota (IFQ)

with a West regional designation must be delivered to a processor with West-designated individual processor quota (IPQ) in the

West region of the Aleutian Islands. Federal regulations require that a portion of crab taken in this fishery be delivered and

processed in the West region; however, a reliable shoreside processing capacity may not be available each season.

Amendment 37 is necessary to prevent disruption to the Aleutian Islands golden king crab fishery and to protect the interest of

communities. This action allows fishermen to deliver crab harvested with West-designated IFQ to processors outside the West

region and allows processors with West-designated IPQ to process that crab outside the West region when specific parties

agree to waive regional delivery requirements. This action is intended to promote the goals and objectives of the MagnusonStevens Fishery Conservation and Management Act, the Fishery Management Plan for Bering Sea/Aleutian Islands King and

Tanner Crabs, and other applicable law.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 680 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 02/01/2011 76 FR 5556 

NPRM 02/15/2011 76 FR 8700 

NPRM Comment Period End 04/01/2011 

Final Action 06/20/2011 76 FR 35781 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

156
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA14

 View Related Documents

Title: Taking Marine Mammals Incidental to U.S. Navy Training Exercises in the Gulf of Alaska Temporary Maritime Activities

Area

Abstract: In March 2009, the National Marine Fisheries Service (NMFS) received an application from the U.S. Navy (Navy) for

the promulgation of regulations and subsequent issuance of Letters of Authorization (LOAs) to take individuals of 20 species of

marine mammals incidental to upcoming Navy training activities to be conducted in the Gulf of Alaska TMAA, over the course of

5 years. These training activities are classified as military readiness activities and may result in the incidental take of marine

mammals present within the Gulf of Alaska TMAA by exposing them to sound from midfrequency or high-frequency active sonar

(MFAS/HFAS) or to underwater detonations at levels that NMFS associates with the take of marine mammals.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 218 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1361

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Receipt of Petition 02/03/2010 75 FR 5575 

NPRM 10/19/2010 75 FR 64508 

NPRM Comment Period End 11/18/2010 

Final Rule 05/04/2011 76 FR 25480 

Final Action -- Correction 05/13/2011 76 FR 27915 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James H. Lecky

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA26

 View Related Documents

Title: 2011 Atlantic Bluefish Specifications

Abstract: This action establishes 2011 Atlantic bluefish specifications, including State-by-State commercial quotas, a

recreational harvest limit, and recreational possession limits for Atlantic bluefish off the east coast of the United States. The

action also revises the Atlantic bluefish regulations for the specification of overall total allowable landings and the target fishing

mortality rate to more clearly reflect the intent of the Atlantic Bluefish Fishery Management Plan.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

157
Timetable:

Action Date FR Cite

NPRM 01/14/2011 76 FR 2640 

NPRM Comment Period End 01/31/2011 

Final Action 03/31/2011 76 FR 17789 

Final Action Effective 05/02/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA42

 View Related Documents

Title: Tilefish Cost Recovery Regulatory Amendment

Abstract: The amendment to the Tilefish Fishery Management Plan (FMP) changes the cost recovery regulations to require

the first-year fee percentage to be calculated based on the actual costs associated with the management, data collection and

analysis, and enforcement of the individual fishing quota (IFQ) allocation program (not to exceed 3 percent) rather than be set at

a fixed 3 percent. The rule also clarifies the payment compliance language.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 12/28/2010 75 FR 81505 

Interim Final Rule Comment Period End 01/24/2011 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

158
National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA48

 View Related Documents

Title: Implementation of a Recreational Seasonal Closure for Greater Amberjack; Regulatory Framework Action to the Fishery

Management Plan for Reef Fish Resources of the Gulf of Mexico (FMP)

Abstract: To reduce the probability of early in-season closures for recreational greater amberjack in the Gulf of Mexico, this

rule closes the greater amberjack recreational fishing season annually from June 1 through July 31. The intended effect of this

rule is to maintain the rebuilding plan targets for the overfished greater amberjack, prevent the annual catch limit from being

exceeded, and maximize the number of fishing days available to the recreational sector.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/24/2011 76 FR 4084 

NPRM Comment Period End 02/23/2011 

NPRM Comment Period Reopened 03/10/2011 76 FR 13122 

NPRM Reopened Comment Period End 03/25/2011 

Final Action 04/29/2011 76 FR 23904 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA51

 View Related Documents

Title: Amendment 10 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region

Abstract: The purpose of the amendment is to reduce the spatial and temporal coverage of the regulations proposed in

Amendment 17A to the Snapper-Grouper FMP, based on the most recent scientific information concerning the red snapper

stock in the South Atlantic.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/18/2011 76 FR 9530 

NPRM Comment Period End 03/21/2011 

Final Action 04/28/2011 76 FR 23728 

Regulations.gov Friday, January 20, 2012 Unified Agenda

159
Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA54

 View Related Documents

Title: Amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico To Set Total Allowable

Catch for Red Snapper

Abstract: This action adjusts the commercial and recreational quotas of red snapper to 3.66 and 3.525 MP, respectively,

consistent with the 51:49 ratio for the commercial and recreational allocation of red snapper established in Amendment 1 to the

FMP. NOAA Fisheries Service will provide an estimated projection for the number of days in the 2011 recreational fishing

season after the 2010 harvest numbers are received. In addition, NOAA Fisheries Service makes administrative adjustments to

the reef fish individual fishing quota program via the authority in section 305(d) of the Magnuson-Stevens Act. This action

revises the definition of "actual ex-vessel value" in section 622.2 of the regulations. The intent of this revision is to allow NOAA

Fisheries Service to more accurately analyze the total value of the Gulf red snapper and grouper and tilefish fisheries. Similarly,

NOAA Fisheries Service revises regulations at section 622.16 and section 622.20 to extend the existing 12-hour maintenance

window with an additional 8 hours to allow for more time to conduct end of year maintenance. It also clarifies how fishermen

can submit an IFQ landing notification during the maintenance window. Lastly, NOAA Fisheries Service removes an obsolete

regulation. Regulations implementing Amendment 30B to the FMP, removed the February 15 to March 15 seasonal closure of

the commercial sector of the Gulf reef fish fishery for gag, red grouper, and black grouper. However, NOAA Fisheries Service

inadvertently did not remove section 622.45(c)(4) in the final rule for Amendment 30B, which includes the prohibition on the

sale/purchase of gag, black grouper, or red grouper harvested from the Gulf by a vessel with a valid Federal commercial permit

for Gulf reef fish from February 15 until March 15, each year. This action removes this obsolete paragraph.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/22/2011 76 FR 9735 

NPRM Comment Period End 03/24/2011 

Final Action 04/29/2011 76 FR 23911 

Final Action Effective 05/31/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

160
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA65

 View Related Documents

Title: Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Quotas and Atlantic Tuna Fisheries Management Measures

Abstract: This action modifies Atlantic Bluefin Tuna (BFT) base quotas for all domestic fishing categories; establishes BFT

quota specifications for the 2011 fishing year; reinstates pelagic longline target catch requirements for retaining BFT in the

Northeast Distant Gear Restricted Area (NED); amends the Atlantic tunas possession-at-sea and landing regulations to allow

removal of tail lobes; and clarifies the transfer-at-sea regulations for Atlantic tunas. This action is necessary to implement

recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic

Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery

Conservation and Management Act (Magnuson-Stevens Act). NMFS solicited written comments and held public hearings to

receive oral comments on these actions.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 635 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 971 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/14/2011 76 FR 13583 

NPRM--Correction 03/21/2011 76 FR 15276 

Notice of Public Meetings 04/04/2011 76 FR 18504 

NPRM Comment Period End 04/28/2011 

Final Action 07/05/2011 76 FR 39019 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Margo Schulze-Haugen 

Supervisory Fish Management Officer

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-0234 

FAX: 301 713-1917

E-Mail: margo.schulze-haugen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA70

 View Related Documents

Title: Amendment 9 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region

Abstract: Amendment 9 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region

reduces the recreational bag limit for black sea bass, establishes a split season for the black sea bass commercial quota,

increases the commercial trip limit for greater amberjack, and establishes commercial trip limits for vermilion snapper and gag.

The intended effect of this rule is to help prevent overfishing of black sea bass, gag, and vermilion snapper while achieving

optimum yield (OY) by reducing the rate of harvest of these three species, to achieve OY for greater amberjack, and to

implement a technical correction to the regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

161
Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/29/2011 76 FR 23930 

NPRM Comment Period End 05/16/2011 

Final Action 06/15/2011 76 FR 34892 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA79

 View Related Documents

Title: Catch Reporting Requirements in the Atlantic Herring Fishery

Abstract: The goal of the catch reporting rulemaking is to improve monitoring of the Annual Catch Limit (ACL) and sub-ACLs

for each management area in the Atlantic herring fishery. Requirements under consideration include: Daily reporting via vessel

monitoring systems for limited access herring vessels; weekly reporting via the interactive voice response system for open

access vessels; and weekly submission of vessel trip reports for limited access and/or open access vessels.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/15/2011 76 FR 34947 

NPRM Comment Period End 06/30/2011 

Final Action 09/01/2011 76 FR 54385 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

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Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA86

 View Related Documents

Title: Revise Butterfish Specifications

Abstract: NMFS is issuing a final rule to issue emergency measures to increase the butterfish Acceptable Biological Catch

(ABC) from 1,500 mt to 1,811 mt. The butterfish ABC sets the butterfish mortality cap on the Loligo squid fishery. This

adjustment is based on best available science, and it is intended to provide additional fishing opportunities to the Loligo fleet.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Emergency Rule 03/15/2011 76 FR 13887 

Comment Period End 04/14/2011 

Extension of Emergency Action 08/05/2011 76 FR 47492 

No Further Action Necessary 11/02/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Aja Peters-Mason Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Drive

Gloucester , MA 01930 

Phone: 978 281-9195 

E-Mail: aja.peters-mason@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA91

 View Related Documents

Title: Framework Adjustment 1 to the Northeast Skate Complex FMP

Abstract: Framework Adjustment 1 to the Skate FMP adjusts the possession limits for the skate wing fishery in order to slow

the rate of skate wing landings, so that the available Total Allowable Landings limit (TAL) is taken by the fishery over a longer

duration in the fishing year than occurred in 2010. The action also allows vessels that process skate wings at sea to land skate

carcasses for sale into the bait market, without counting the carcass landings against the TAL (skate wings are already

converted to live weight for monitoring).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq.

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/04/2011 76 FR 18505 

NPRM Comment Period End 04/19/2011 

Final Action 05/17/2011 76 FR 28328 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

163
Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA92

 View Related Documents

Title: 2011 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures and Scup Specification

Increase (Increased 2011 Total Allowable Landings)

Abstract: This rulemaking conducts two related actions. It publishes an increase to the previously established 2011 scup TAC

and TAL, and it proposes management measures to achieve recreational harvest limits for the summer flounder, scup, and

black sea bass recreational fisheries. Recreational management measures include recreational possession limits, minimum fish

sizes, and seasonal closures.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/21/2011 76 FR 22350 

NPRM Comment Period End 05/23/2011 

Final Action 06/30/2011 76 FR 38307 

Final Action Effective 08/01/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul 

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA95

 View Related Documents

Title: Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011 Tribal Fishery for Pacific Whiting

Abstract: NMFS proposed this rule for the 2011 Pacific whiting tribal fishery under the authority of the Pacific Coast Groundfish

Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Act).

Through this action, NMFS establishes an interim 2011 tribal whiting allocation, reporting and closure regulations, and refine

existing regulations on tribal whiting reapportionment.

Regulations.gov Friday, January 20, 2012 Unified Agenda

164
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/05/2011 76 FR 18709 

NPRM Comment Period End 04/19/2011 

Final Action 05/19/2011 76 FR 28897 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; Tribal

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AY59

Agency Contact: Frank Lockhart

Program Analyst

Department of Commerce

National Oceanic and Atmospheric Administration

7600 Sand Point Way NE.

Seattle , WA 98115 

Phone: 206 526-6142 

FAX: 206 526-6736

E-Mail: frank.lockhart@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA96

 View Related Documents

Title: Interpretive Rule for Charter Halibut Limited-Access Program Regulations in Alaska

Abstract: This interpretive rule clarifies regulations implemented by a final rule published on January 5, 2010 (75 FR 554, RIN

0648-AW92). This interpretive rule clarifies regulations that apply to vessels operating in the guided sport (charter) fishery for

halibut in International Pacific Halibut Commission Management Area 2C (Southeast Alaska) and Area 3A (Central Gulf of

Alaska). Under regulations implementing the charter halibut limited-access program, all vessel operators in Area 2C and Area

3A with charter vessel anglers on board catching and retaining halibut must have a valid charter halibut permit that was issued

by NMFS on board the vessel. This interpretive rule clarifies that charter halibut limited-access program regulations require a

vessel operator to have a charter halibut permit on board at all times when the charter vessel guide on board the vessel is

being compensated to provide sport fishing assistance to anglers catching and retaining halibut. A charter vessel guide is not

required to have a CHP on board a vessel during a recreational halibut fishing trip on which he or she is not being

compensated to provide sport fishing assistance to the anglers on board.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 773 et seq.

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Interpretive Rule 04/08/2011 76 FR 19708 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

Regulations.gov Friday, January 20, 2012 Unified Agenda

165
National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA99

 View Related Documents

Title: Interpretive Rule for Charter Halibut Limited-Access Program Regulations in Alaska

Abstract: This interpretive rule clarifies regulations implemented by a final rule published on January 5, 2010 (75 FR 554, RIN

0648-AW92). This interpretation clarifies regulations that apply to vessels operating in the guided sport (charter) fishery for

halibut in International Pacific Halibut Commission Management Area 2C (Southeast Alaska) and Area 3A (Central Gulf of

Alaska). Under regulations implementing the charter halibut limited-access program, operators of a vessel in Area 2C or Area

3A with one or more charter vessel anglers onboard who are catching and retaining halibut must have an Alaska Department of

Fish and Game Saltwater Charter Logbook onboard that specifies (1) the person named on the charter halibut permit(s) being

used onboard the vessel; and (2) the charter halibut permit number(s) being used onboard the vessel. This interpretation

clarifies that a charter operator may use the Alaska Department of Fish and Game (ADF&G) Saltwater Charter Logbook issued

to the vessel to record the charter halibut permit information. A charter vessel operator is not required to have a separate

ADF&G Saltwater Charter Logbook issued in the name of the charter vessel permit holder in order to use that charter halibut

permit on a charter vessel fishing trip.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 773

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Interpretive Rule 06/15/2011 76 FR 34890 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AW92

Agency Contact: James Balsiger

Administrator, Alaska Region

Department of Commerce

National Oceanic and Atmospheric Administration

709 West Ninth Street

Juneau , AK 99801 

Phone: 907 586-7221 

FAX: 907 586-7465

E-Mail: jim.balsiger@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB19

 View Related Documents

Title: Control Date for the Commercial Wreckfish Fishery of the South Atlantic Region

Abstract: At their March 2011 meeting, the South Atlantic Fishery Management Council (Council) voted to establish a control

date for the commercial wreckfish fishery in the South Atlantic exclusive economic zone. The control date will allow the Council

to evaluate fishery participation and address any level of overcapacity.

Regulations.gov Friday, January 20, 2012 Unified Agenda

166
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 622 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action--Control Date 08/03/2011 76 FR 46718 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Roy E. Crabtree 

Southeast Regional Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

263 13th Avenue South

St. Petersburg , FL 33701 

Phone: 727 824-5305 

FAX: 727 824-5308

E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB21

 View Related Documents

Title: Pacific Coast Groundfish; Inseason Action

Abstract: On May 11, 2011, NMFS published a final rule to implement the 2011-2012 West Coast groundfish harvest

specifications and management measures (76 FR 27508). This action takes routine and frequent management action to modify

harvest specifications and management measures to meet the mandates outlined by the Magnuson Stevens Fishery

Conservation and Management Act (Magnuson-Stevens Act).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action--Control Date 06/30/2011 76 FR 38313 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-BA01

Agency Contact: Frank Lockhart

Program Analyst

Department of Commerce

National Oceanic and Atmospheric Administration

7600 Sand Point Way NE.

Seattle , WA 98115 

Phone: 206 526-6142 

FAX: 206 526-6736

E-Mail: frank.lockhart@noaa.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

167
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB31

 View Related Documents

Title: Pacific Coast Groundfish Trawl Rationalization Program, Correcting Amendment

Abstract: This correcting amendment will amend the regulations that were published at 50 CFR S660 subparts C through G for

implementation of the trawl rationalization program in the Pacific Coast Groundfish fishery under Amendments 20 and 21 to the

Fishery Management Plan (FMP). On October 1, 2010 (75 FR 60868) and December 15, 2010 (75 FR 78344), NMFS published

final rules to implement Amendments 20 and 21 to FMP. The October 1, 2010, final rule reorganized the Pacific Coast

groundfish regulations previously at S660 subpart G by restructuring the regulations in subparts C through G of S660 and

adding regulations for establishing a new allocation structure and issuance of quota shares for the new trawl rationalization

program. The second final rule, published on December 15, 2010, implemented the management structure for the trawl

rationalization program that took effect on January 1, 2011. These actions resulted in numerous minor errors in regulatory text,

including: duplicate paragraphs; cross-references that refer to incorrect sections and paragraphs; inconsistent formatting for

cross-references; and obsolete regulatory text that was not removed. This action does not make any substantive changes. No

aspect of the action is controversial and no change in operating practices in the fishery is required.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 660 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 08/30/2011 

Final Action--Correcting Amendment 08/30/2011 76 FR 53833 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Previously Reported as 0648-AY68

Agency Contact: Frank Lockhart

Program Analyst

Department of Commerce

National Oceanic and Atmospheric Administration

7600 Sand Point Way NE.

Seattle , WA 98115 

Phone: 206 526-6142 

FAX: 206 526-6736

E-Mail: frank.lockhart@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BB46

 View Related Documents

Title: Emergency Rule To Suspend Some Regulatory Requirements of the Groundfish Retention Standard Program in the

Bering Sea and Aleutian Island Management Area

Abstract: Through this emergency rule, NMFS suspends the Groundfish Retention Standard (GRS) program in the Bering Sea

and Aleutian Island management area for trawl catcher/processor vessels (C/Ps) that are not listed in the American Fisheries

Act (AFA) as catcher/processors at 50 CFR 679.4(l)(2)(i), referred to throughout this rule as non-AFA trawl C/Ps. The GRS

program was implemented to increase the retention and utilization of groundfish caught by the non-AFA trawl C/Ps and respond

to bycatch reduction goals described in National Standard 9. An emergency exists because the regulatory stipulations used to

monitor and enforce the 85 percent GRS established for 2011 require a level of retention much higher than that intended by the

North Pacific Fishery Management Council, could undermine fishing cooperative formation activities because some vessels are

unable to meet this retention standard, and could require other vessels to operate in a manner that is economically unviable or

stops fishing altogether. Further, the enforcement costs of the GRS program have escalated with application of the GRS to

fishing cooperative(s) and undermine effective enforcement and prosecution of non-compliance. This emergency rule is

necessary to suspend the regulatory provisions of the GRS program and allow non-AFA trawl C/Ps to maintain ongoing

Regulations.gov Friday, January 20, 2012 Unified Agenda

168
incentives to minimize groundfish discard through cooperative agreements. This action is intended to promote the goals and

objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish

of the Bering Sea and Aleutians Islands Area, and other applicable law.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq; 16 USC 3631 et seq; 16 USC 773 et seq; PL 108-447

Legal Deadline: None

Timetable:

Action Date FR Cite

Emergency Rule 12/15/2010 75 FR 78172 

Emergency Rule Comment Period End 01/14/2011 

Extension of Emergency Action 06/02/2011 76 FR 31881 

Additional Information: Duplicate of RIN 0648-BA29, which was inadvertently published as a "completed" action in the 2011

Spring Unified Regulatory and Deregulatory Agenda. We are publishing this RIN to give the public notice that RIN 0648-BA29

was completed as a final action on 06/02/2011, which action can be found at 76 FR 31881.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Duplicate of 0648-BA29

Agency Contact: Robert D. Mecum

Deputy Acting Administrator

Department of Commerce

National Oceanic and Atmospheric Administration

Room 420 709 West Ninth Street

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: robert.mecum@noaa.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC19

 View Related Documents

Title: Changes to Implement Electronic Patent Publication

Abstract: The United States Patent and Trademark Office (Office) is revising the rules of practice to implement electronic

patent publication. The electronic patent publication process would permit the Office to issue patents and reexamination

certificates, publish statutory invention registrations more quickly,and reduce the pendency of the application or reexamination

proceeding by about 2 weeks. The electronic patent publication process would also increase the accessibility of patents and

reexamination certificates. A copy of the patent including the cover sheet and the reexamination certificate(s), if applicable,

would be electronically available upon the issuance. The patentees, the requesters, and any member of the public would be

able to view and print a copy of the patent including the cover sheet in color, the reexamination certificate(s), and statutory

invention registrations through the Patent Application Image Retrieval (PAIR) system. The Office would no longer provide a

ribbon copy of the letters patent, paper copy of a reexamination certificate(s), paper copy of a statutory invention registration, or

paper copy of a certificate of correction to the patentee or the requester. The Office proposes to amend the rules to provide that

patentees may request paper bound copies of a patent including the cover sheet for a fee.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

Regulations.gov Friday, January 20, 2012 Unified Agenda

169
NPRM 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Phone: 571 272-7728 

E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC32

 View Related Documents

Title: Revision of Fees for Application for Registration and for Registration

Abstract: The United States Patent and Trademark Office is taking this action to revise existing fees to recover the estimated

average cost of processing applications for registration to practice before the Office, as well as for the process of registering

practitioners to practice before the Office.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.21(a)(1); 37 CFR 1.21(a)(2) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)(D); 35 USC 41(d)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2012 

NPRM Comment Period End 12/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Covey

Deputy General Counsel for Enrollment and Discipline and Director for Enrollment and Discipline

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313-1450 

Phone: 571 272-4097 

FAX: 571 273-0074

E-Mail: william.covey@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC35

 View Related Documents

Title: Changes to Rules of Practice Before the Trademark Trial and Appeal Board

Abstract: The United States Patent and Trademark Office (USPTO), Trademark Trial and Appeal Board (TTAB), is taking this

action to revise the Trademark Rules of Practice (37 CFR Part 2) to set forth requirements for service of notices of opposition to

applications for trademark registration and of petitions to cancel trademark registrations. The purpose of these service rules is to

codify and clarify current practice. This action would also codify and revise certain rules by which parties in opposition,

cancellation, and concurrent use proceedings (inter partes proceedings) before the TTAB can make of record, by means of

notice of reliance, various types of materials as evidence. Further, this action will revise and clarify rules specifying what

Regulations.gov Friday, January 20, 2012 Unified Agenda

170
materials are automatically of record as evidence in inter partes and therefore need not be made of record by any party to a

proceeding.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 2.101; 37 CFR 2.111; 37 CFR 2.122 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 15 USC 1123; 35 USC 2

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Final Action 05/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Gerard F. Rogers 

Chief Administrative Trademark Judge

Department of Commerce

Patent and Trademark Office

P.O. Box 1451

Alexandria , VA 22313-1451 

Phone: 571 272-4299 

FAX: 571 273-4299

E-Mail: gerard.rogers@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC40

 View Related Documents

Title: Sound Marks

Abstract: The Office amends 37 CFR (part 2) to set forth the requirements for applying to register a sound mark.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 1123; 35 USC 2

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

NPRM Comment Period End 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Cynthia C. Lynch

Administrator for Trademark Examination Policy

Department of Commerce

Patent and Trademark Office

Commissioner for Trademarks P.O. Box 1451

Alexandria , VA 22313-1451 

Regulations.gov Friday, January 20, 2012 Unified Agenda

171
Phone: 571 272-8742 

FAX: 571 273-8742

E-Mail: cynthia.lynch@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC41

 View Related Documents

Title: Revival and Reinstatement of Abandoned Applications

Abstract: The Office amends 37 CFR (part 2) to revise the requirements for reviving a trademark application and to set forth

the requirements for reinstating abandoned applications.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 2.66 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 1123; 37 USC 2

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Cynthia C. Lynch

Administrator for Trademark Examination Policy

Department of Commerce

Patent and Trademark Office

Commissioner for Trademarks P.O. Box 1451

Alexandria , VA 22313-1451 

Phone: 571 272-8742 

FAX: 571 273-8742

E-Mail: cynthia.lynch@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC45

 View Related Documents

Title: Changes To Streamline the Electronic Priority Document Exchange Program

Abstract: The United States Patent and Trademark Office (Office) proposes to revise the rule of practice to streamline the

priority document exchange process by providing as a default that the filing of a subsequent application with a foreign or

international intellectual property office that claims priority to a U.S. application will be considered an authorization for the Office

to provide access to the U.S. application to participating intellectual property offices. The changes would reduce request failures.

Applicants who do not want the filing of a subsequent application with a foreign or international intellectual property office that

claims priority to a U.S. application to be considered an authorization for the Office to provide access to the U.S. application to

participating intellectual property offices may opt out by filing a notice to that effect with the Office.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)

Legal Deadline: None

Regulations.gov Friday, January 20, 2012 Unified Agenda

172
Timetable:

Action Date FR Cite

NPRM 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Phone: 571 272-7728 

E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC47

 View Related Documents

Title: Changes to Information Disclosure Statement Practice Regarding Timeliness Statement and Submission of Copies

Abstract: The United States Patent and Trademark Office (Office) implemented the pre-appeal brief conference pilot program,

in which applicant has an option to request that a panel of experienced examining staff conducts a detailed review of the

rejections of record before the actual filing of an appeal brief if applicant feels that the examiner's rejections are clearly not

proper and are without basis. The USPTO proposes to make permanent the pre-appeal brief conference pilot program, and to

provide an additional optional procedure in which an applicant may present oral arguments to a panel of experienced examining

staff before the pre-appeal brief conference is conducted by filing a request and a specified fee. The optional pre-appeal brief

procedures may eliminate the need to file an appeal brief or a request for continued examination (RCE), and reduce the

pendency from notice of appeal to final decision by resolving some or all of the issues. The USPTO proposes to revise the rules

of practice to provide for the fee to implement the optional procedure for pre-appeal brief conference and oral presentation of

arguments.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Phone: 571 272-7728 

E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC48

 View Related Documents

Title: Changes to Implement Optional Pre-Appeal Brief Procedures for Patent Applications

Abstract: The United States Patent and Trademark Office (USPTO) implemented the pre-appeal brief conference pilot

Regulations.gov Friday, January 20, 2012 Unified Agenda

173
program, in which applicant has an option to request that a panel of experienced examining staff conduct a detailed review of

the rejections of record before the actual filing of an appeal brief if applicant feels that the examiner's rejections are clearly not

proper and are without basis. The USPTO proposes to make permanent the pre-appeal brief conference pilot program, and to

provide an additional optional procedure in which an applicant may present oral arguments to a panel of experienced examining

staff before the pre-appeal brief conference is conducted by filing a request and a specified fee. The optional pre-appeal brief

procedures may eliminate the need to file an appeal brief or a request for continued examination (RCE), and reduce the

pendency from notice of appeal to final decision by resolving some or all of the issues. The USPTO proposes to revise the rules

of practice to provide for the fee to implement the optional procedure for pre-appeal brief conference and oral presentation of

arguments.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Phone: 571 272-7728 

E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC53

 View Related Documents

Title: Changes to Examination Fees and Implementation of Alternatives to the Request for Continued Examination

Abstract: The United States Patent and Trademark Office (Office) proposes to amend the rules of practice to adjust the

request for continued examination fee. The current request for continued examination fee is not set at an amount that recovers

the Office's costs of the processing and examination provided when a request for continued examination is filed in an

application. The Office proposes to adjust the request for continued examination fee such that it more accurately reflects the

Office's costs when a request for continued examination is filed in an application. In addition, the Office proposes to revise the

rules of practice to implement a procedure under which an applicant may obtain consideration of an amendment or evidence

filed after a final Office action or a notice of appeal by paying a specified fee. The Office also proposes to revise the rules of

practice to provide a procedure under which an applicant may obtain consideration of an information disclosure statement filed

after payment of the issue fee by filing a petition to withdraw the application from issue including the petition fee, a certified

statement, and a specified fee. The procedures will reduce the number of situations where applicant would need to file a

request for continued examination.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2); 35 USC 41(d)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

174
Energy Affected: No

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Phone: 571 272-7728 

E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC54

 View Related Documents

Title: Revision of United States Patent Fees for Fiscal Year 2013

Abstract: The United States Patent and Trademark Office (USPTO) takes this action to adjust certain patent fee amounts set

in the aggregate to recover the estimated cost to the USPTO for processing activities and services and materials relating to

patents, including proportionate shares of the administrative costs of the USPTO.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.16 (h-g); 37 CFR 1.16(a-e); 37 CFR 1.17; 37 CFR 1.17(a(1-5); 37 CFR 1.17e(l-m); 37 CFR 1.18; 37

CFR 1.20; 37 CFR 1.492(a); 37 CFR 1.492; 37 CFR 1.492(c)(2); 37 CFR 1.492(d-t); 37 CFR 41.20 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-116; 35 USC 41; 35 USC 119; PL 110-92; 35 USC 120; 35 USC 132(b); PL 110-5; 35 USC 376; PL

110-161; PL 109-383; PL 110-137; PL 110-149

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

NPRM Comment Period End 08/00/2012 

Final Rule 08/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0651-AC44

Agency Contact: Walter Schlueter

Budget Analyst-Fees and Forecasting

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313 

Phone: 571 272-6299 

FAX: 571 273-6299

E-Mail: walter.schlueter@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC55

 View Related Documents

Title: Adjustment of United States Patent and Trademark Office Patent Fees for Fiscal Year 2013

Abstract: The United States Patent and Trademark Office (USPTO) takes this action to adjust certain patent fee amounts for

fiscal year 2013 to reflect fluctuations in the Consumer Price Index for All Urban Consumers (CPI-U). The patent statute

provides for the annual CPI-U adjustment of patent fees set by statute to recover the higher costs associated with doing

business.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Regulations.gov Friday, January 20, 2012 Unified Agenda

175
Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.16; 37 CFR 1.17; 37 CFR 1.18; 37 CFR 1.20; 37 CFR 1.492; 37 CFR 41.20 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 376; PL 110-161; 35 USC 41; 35 USC 119; PL 110-149; 35 USC 120; 35 USC 132(b); PL 109-383;

PL 110-116; PL 110-137; PL 110-5; PL 110-92

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2012 

NPRM Comment Period End 07/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0651-AC43; Related to 0651-AC44

Agency Contact: Walter Schlueter

Budget Analyst-Fees and Forecasting

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313 

Phone: 571 272-6299 

FAX: 571 273-6299

E-Mail: walter.schlueter@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC57

 View Related Documents

Title: Changes To Implement the 30-Month Docketing Delay Track (Track III) of the Enhanced Examination Timing Control

Procedures

Abstract: The Office proposes to amend the rules of practice to implement the Track III proposal to provide applicants with the

option to request a delay in docketing the application for examination by filing a request for delay in payment of the search fee,

the examination fee, the claims fees, and the surcharge (if appropriate) for a maximum period not to exceed thirty months. It

also proposes that the procedure under Track III be limited to 20,000 applications per year and only be available until May 31,

2016, and an applicant be able to request in a Track III application an interview as a matter of right before the first Office action

on the merits if a search report is timely filed or requested.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0651-AC52; Related to 0651-AC62 Related Agencies: Common: PTO

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Phone: 571 272-7728 

Regulations.gov Friday, January 20, 2012 Unified Agenda

176
E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AB55

 View Related Documents

Title: Changes to Representation of Others Before the U.S. Patent and Trademark Office

Abstract: The U.S. Patent and Trademark Office (USPTO) amends its regulations to update the procedures regarding ethical

obligations of registered practitioners. The office also replaces the current USPTO Code of Professional Responsibility, which is

based on the Model Code of Professional Responsibility of the American Bar Association, with USPTO Rules of Professional

Conduct, which are based largely on the Model Rules of Professional Conduct of the American Bar Association.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1; 37 CFR 2; 37 CFR 10; 37 CFR 11 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 5 USC 500(a); 35 USC 2(b)(2)(D)

Legal Deadline: None

Timetable:

Action Date FR Cite

Second NPRM (Ethics) 00/00/0000 

NPRM 12/12/2003 68 FR 66648 

NPRM Comment Period End 02/12/2004 

Notice 03/03/2004 69 FR 9986 

Notice Comment Period End 06/11/2004 

Final Rule--Part I 06/24/2004 69 FR 35428 

Supplemental NPRM (Disciplinary) 02/28/2007 72 FR 9196 

NPRM Comment Period End (Disciplinary) 05/29/2007 

Final Rule (Disciplinary) 08/14/2008 73 FR 47650 

Final Rule Effective (Disciplinary) 09/15/2008 

Final Rule; Correction (Disciplinary) 10/09/2008 73 FR 59513 

Final Rule (Annual Fee) 11/17/2008 73 FR 67750 

Final Rule; Correcting Amendment (Disciplinary) 05/00/2012 

Final Rule (Ethics) 11/00/2013 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0651-AB38

Agency Contact: William Covey

Deputy General Counsel for Enrollment and Discipline and Director for Enrollment and Discipline

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313-1450 

Phone: 571 272-4097 

FAX: 571 273-0074

E-Mail: william.covey@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC27

 View Related Documents

Title: Changes to Practice for Documents Submitted to the United States Patent and Trademark Office

Abstract: The United States Patent and Trademark Office (USPTO) is amending its rules of practice to limit the types of

correspondence that may be submitted to the USPTO by facsimile. The USPTO would also implement a higher minimum font

Regulations.gov Friday, January 20, 2012 Unified Agenda

177
size for use on paper submitted to the USPTO for a patent application or reexamination proceeding, and to clarify that papers

that are to become part of the file of a patent application or reexamination proceeding must be readily readable. These changes

will improve the legibility of documents in the USPTOs file of patent applications and reexamination proceedings.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1; 37 CFR 2; 37 CFR 3 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/06/2008 73 FR 45662 

NPRM Comment Period End 10/06/2008 

Final Rule 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Phone: 571 272-7728 

E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC39

 View Related Documents

Title: Trademark Technical and Conforming Amendments

Abstract: The Office amends 37 CFR (part 2) to conform to the Trademark Technical and Conforming Amendment Act of

2010.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 7 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 1123; 35 USC 2

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/24/2010 75 FR 35973 

Interim Final Rule Comment Period End 08/23/2010 

Final Rule 12/00/2011 

Final Rule Effective 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Cynthia C. Lynch

Administrator for Trademark Examination Policy

Department of Commerce

Patent and Trademark Office

Commissioner for Trademarks P.O. Box 1451

Alexandria , VA 22313-1451 

Regulations.gov Friday, January 20, 2012 Unified Agenda

178
Phone: 571 272-8742 

FAX: 571 273-8742

E-Mail: cynthia.lynch@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC42

 View Related Documents

Title: Interim Increase on Patent Fees

Abstract: Pursuant to the enactment of the America Invents Act, the United States Patent and Trademark Office (USPTO) is

instituting an interim increase on certain patent fees to fund the requirements for putting the USPTO on a sustainable path to

fund agency operations, reduce patent inventory and pendency, and invest in information technology.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.16; 37 CFR 1.17; 37 CFR 1.18; 37 CFR 1.20; 37 CFR 1.492; 37 CFR 41.20 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-137; PL 110-149; PL 110-161; PL 110-5; PL 110-92; 35 USC 376; 35 USC 132(b); 35 USC 120; 35

USC 119; 35 USC 41; PL 109-383; PL 110-116

Legal Deadline: 

Action Source Description Date

Other Statutory 10 days after enactment of the America Invents Act. 10/00/2011 

Timetable:

Action Date FR Cite

Final Rule Effective 12/00/2011 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0651-AC43

Agency Contact: Walter Schlueter

Budget Analyst-Fees and Forecasting

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313 

Phone: 571 272-6299 

FAX: 571 273-6299

E-Mail: walter.schlueter@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC44

 View Related Documents

Title: Adjustment of USPTO Fees for Fiscal Year 2012

Abstract: The United States Patent and Trademark Office (USPTO) takes this action to adjust certain patent fee amounts for

fiscal year 2012 to reflect fluctuations in the Consumer Price Index for All Urban Consumers (CPI-U). The patent statute

provides for the annual CPI-U adjustment of patent fees set by statute to recover the higher costs associated with doing

business.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1,18; 37 CFR 1.16; 37 CFR 1.17; 37 CFR 1.20; 37 CFR 1.492; 37 CFR 41.20 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

179
Legal Authority: 35 USC 119; PL 109-383; PL 110-116; PL 110-137; PL 110-149; PL 110-161; PL 110-5; PL 110-92; 35

USC 376; 35 USC 120; 35 USC 41; 35 USC 132(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/27/2011 76 FR 37296 

NPRM Comment Period End 07/27/2011 

Final Rule Effective 12/00/2011 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0651-AC42; Related to 0651-AC43

Agency Contact: Walter Schlueter

Budget Analyst-Fees and Forecasting

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313 

Phone: 571 272-6299 

FAX: 571 273-6299

E-Mail: walter.schlueter@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC49

 View Related Documents

Title: Requirement for More Than One Specimen per Class and for Additional Information and Exhibits

Abstract: The Office amends 37 CFR (parts 2 and 7) to require the submission of as many specimens as may be necessary,

and any additional information and exhibits that may be reasonably necessary, for the proper examination of an application

under 15 USC 1051, an amendment to allege use under 37 CFR 2.76, a statement of use under 37 CFR 2.88, an affidavit or

declaration of use or excusable nonuse under 37 CFR 2.161 or 7.37, and an amendment of a registration under 37 CFR

2.173(b)(3).

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 2.161; 37 CFR 2.173(b)(3; 37 CFR 2.56; 37 CFR 7.37 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 15 USC 1123; 35 USC 2

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/12/2011 76 FR 40839 

NPRM Comment Period End 09/12/2011 

Final Rule 12/00/2011 

Final Rule Effective 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Cynthia C. Lynch

Administrator for Trademark Examination Policy

Department of Commerce

Patent and Trademark Office

Regulations.gov Friday, January 20, 2012 Unified Agenda

180
Commissioner for Trademarks P.O. Box 1451

Alexandria , VA 22313-1451 

Phone: 571 272-8742 

FAX: 571 273-8742

E-Mail: cynthia.lynch@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC56

 View Related Documents

Title: Revision of Patent Term Extension and Adjustment Provisions Relating to Information Disclosure Statements

Abstract: The United States Patent and Trademark Office (Office) proposes to revise the patent term adjustment and extension

provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection

Act of 1999 (AIPA) and the patent term extension provisions of the Uruguay Round Agreements Act (URAA) each provide for

patent term extension or adjustment if the issuance of the patent was delayed due to appellate review by the Board of Patent

Appeals and Interferences (BPAI) or by a Federal court and the patent was issued pursuant to or under a decision in the review

reversing an adverse determination of patentability. The Office proposes to change the rules of practice to indicate that in most

circumstances an examiner reopening prosecution of the application after a notice of appeal has been filed will be considered a

decision in the review reversing an adverse determination of patentability for purposes of patent term adjustment or extension

purposes.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b); 35 USC 154(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/06/2011 76 FR 18990 

NPRM Comment Period End 05/06/2011 76 FR 18990 

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Phone: 571 272-7728 

E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC58

 View Related Documents

Title: Revision of the Materiality to Patentability Standard for the Duty to Disclose Information in Patent Applications

Abstract: The United States Patent and Trademark Office (Office) proposes to revise the standard for materiality for the duty to

disclose information to the Office in light of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in

Therasense, Inc. v. Becton, Dickinson & Co., ___ F.3rd ___ (Fed. Cir. 2011) (en banc) (Therasense). This change will

harmonize the standard for the duty to disclose information to the Office in patent applications and reexamination proceedings

with the standard for materiality for purposes of an inequitable conduct analysis conducted by the courts. This harmonization of

the materiality standard should reduce the incentives to submit information disclosure statements containing marginally relevant

information to the Office.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Regulations.gov Friday, January 20, 2012 Unified Agenda

181
Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.555; 37 CFR 1.56 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/21/2011 76 FR 43631 

NPRM Comment Period End 09/19/2011 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Phone: 571 272-7728 

E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC61

 View Related Documents

Title: Revision of Standard for Granting an Inter Partes Reexamination Request

Abstract: The Office is revising the rules of practice governing inter partes reexamination to implement a transition provision of

the recently enacted Leahy-Smith America Invents Act that has revised the standard for granting a request for inter partes

reexamination. The Leahy-Smith America Invents Act replaces inter partes reexamination by a new inter partes review process

effective one year after the date of enactment of the Leahy-Smith America Invents Act, and provides that any request for inter

partes reexamination filed after the enactment will not be granted unless the information presented in the request establishes

that there is a reasonable likelihood that the requester will prevail with respect to at least one of the claims challenged in the

request. This rule replaces the prior standard for granting a request for inter partes reexamination that required that a substantial

new question of patentability (SNQ) affecting any claim of the patent concerned be raised by the request. The Office also

revises the rules governing inter partes reexamination to reflect the termination of inter partes reexamination effective one year

from the passage of the Leahy-Smith America Invents Act, which is provided for in the Act.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.913; 37 CFR 1.915; 37 CFR 1.923; 37 CFR 1.927; 37 CFR 1.931 (To search for a specific CFR, visit

the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2); Leahy-Smith American Invents Act

Legal Deadline: 

Action Source Description Date

Other Statutory Deadline date unknown - enactment of Leahy-Smith Invents Act 08/31/2011 

Timetable:

Action Date FR Cite

Final Rule 09/23/2011 76 FR 59055 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Raul Tamayo Department of Commerce

Patent and Trademark Office

600 Dulaney Street

Alexandria , VA 22313 

Regulations.gov Friday, January 20, 2012 Unified Agenda

182
Phone: 571 272-7728 

E-Mail: raul.tamayo@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC62

 View Related Documents

Title: Changes to Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control

Procedures

Abstract: The United States Patent and Trademark Office (Office) requested comments on a proposal to provide applicants

with greater control over when their utility and plant applications are examined and to promote greater efficiency in the patent

examination process (3-Track). The Office proposed changes to the rules of practice to implement the proposal to provide

applicants with the option to request prioritized examination of an application upon payment of the appropriate fees (Track I).

Thereafter, the Office published a final rule to revise the rules of practice to implement the Track I procedure. The effective date

of the Track I final rule was delayed until further notice due to funding limitations. The Office anticipates publishing another final

rule to implement Track I as soon as the funding situation is resolved. The Office is in the process of developing proposed

changes to the rules to provide applicants with the option to request a delay in docketing the application for examination by filing

a request for delay in payment of the search fee, the examination fee, the claims fees and the surcharge (if appropriate) for a

maximum period not to exceed thirty months in an original utility or plant application filed under 35 U.S.C. 111(a) (Track III).

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR Part 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 09/23/2011 76 FR 59050 

Final Action 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0651-AC52

Agency Contact: Eugenia Jones

Senior Legal Advisor

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313 

Phone: 571 272-7727 

FAX: 571 273-7727

E-Mail: eugenia.jones@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC37

 View Related Documents

Title: Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals

Abstract: The United States Patent and Trademark Office (USPTO) is modifying the current rules of practice with respect to ex

parte appeals before the Board of Patent Appeals and Interferences. For example, this action: (1) revises the rule so that the

Board will presume that an appeal is taken from the rejection of all claims under rejection unless cancelled by an amendment

filed by appellant; (2) revises the rule so that the Board will take jurisdiction upon the filing of a reply brief or the expiration of

time in which to file such a reply brief, whichever is earlier; (3) deletes many of the appeal brief requirements and modifies the

rules to make other requirements more flexible; (4) requires the examiner to designate any rejection in the answer that relies

upon new evidence as a new ground of rejection; (5) allows an appellant to await a decision on a petition seeking review of an

Regulations.gov Friday, January 20, 2012 Unified Agenda

183
examiner's failure to designate a rejection in the answer as containing a new ground of rejection prior to filing a reply brief; and

(6) eliminates the examiner's response to a reply brief.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 41 A and B; 37 CFR 1.197 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 132; 35 USC 133; 35 USC 134; 35 USC 2(b)(2); 35 USC 305; 35 USC 306; 35 USC 6(6); 35 USC

6(b)

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 12/22/2009 74 FR 67987 

Second ANPRM 02/01/2010 75 FR 5012 

ANPRM Comment Period End 02/12/2010 

Second ANPRM Comment Period End 02/26/2010 75 FR 5012 

NPRM 11/15/2010 75 FR 69828 

NPRM Comment Period End 01/14/2011 

Final Rule 11/22/2011 76 FR 72270 

Final Rule Effective 01/23/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0651-AC12

Agency Contact: Linda Horner

Administrative Patent Judge

Department of Commerce

Patent and Trademark Office

P.O. Box 1451

Alexandria , VA 22313 

Phone: 571 272-9797 

FAX: 571 273-0042

E-Mail: linda.horner@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC38

 View Related Documents

Title: Requirements for Amendments After Publication

Abstract: This action amends 37 CFR (Part 2) to mandate that a proposed amendment of a trademark application after its

approval for publication be filed electronically, using the Trademark Electronic Application System (TEAS). The rationale for

requiring filing by TEAS stems from the time-sensitive nature of amendments to an application at this point in the process, and

the need for the USPTO to receive and process such proposed amendments as quickly as possible.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 2 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 1123; 35 USC 2

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 07/25/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

184
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Cynthia C. Lynch

Administrator for Trademark Examination Policy

Department of Commerce

Patent and Trademark Office

Commissioner for Trademarks P.O. Box 1451

Alexandria , VA 22313-1451 

Phone: 571 272-8742 

FAX: 571 273-8742

E-Mail: cynthia.lynch@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC43

 View Related Documents

Title: Revision of USPTO Fees for Fiscal Year 2011

Abstract: The United States Patent and Trademark Office (USPTO) takes this action to adjust certain patent and trademark

fee amounts set in the aggregate to recover the estimated cost to the USPTO for processing activities and services and

materials relating to patents and trademarks, respectively, including proportionate shares of the administrative costs of the

USPTO.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.16; 37 CFR 1.17; 37 CFR 1.18; 37 CFR 1.20; 37 CFR 1.492; 37 CFR 41.20 (To search for a specific

CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-383; PL 110-116; PL 110-137; PL 110-149; PL 110-161; PL 110-5; PL 110-92; 35 USC 132(b); 35

USC 120; 35 USC 119; 35 USC 41; 35 USC 376

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 07/15/2011 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0651-AC42

Agency Contact: Walter Schlueter

Budget Analyst-Fees and Forecasting

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313 

Phone: 571 272-6299 

FAX: 571 273-6299

E-Mail: walter.schlueter@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC50

 View Related Documents

Title: Paper Filing Surcharge

Abstract: The Office proposes to amend 37 CFR (parts 2 and 7) to require a surcharge for any filing submitted on paper when

a Trademark Electronic Application System form exists for the filing.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Regulations.gov Friday, January 20, 2012 Unified Agenda

185
Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 2.23; 37 CFR 2.24; 37 CFR 2.6; 37 CFR 2.62; 37 CFR 2.66; 37 CFR 2.68; 37 CFR 2.74; 37 CFR 2.76;

37 CFR 2.87 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 112; 35 USC 2

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 07/25/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Cynthia C. Lynch

Administrator for Trademark Examination Policy

Department of Commerce

Patent and Trademark Office

Commissioner for Trademarks P.O. Box 1451

Alexandria , VA 22313-1451 

Phone: 571 272-8742 

FAX: 571 273-8742

E-Mail: cynthia.lynch@uspto.gov

Department of Commerce (DOC) 

National Telecommunications and Information Administration ( NTIA ) RIN: 0660-AA21

 View Related Documents

Title: Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management

Abstract: The National Telecommunications and Information Administration (NTIA) hereby makes certain changes to its

regulations relating to revisions to and the public availability of the Manual of Regulations and Procedures for Federal Radio

Frequency Management (NTIA Manual). Specifically, NTIA updates the version of the Manual of Regulations and Procedures

for Federal Radio Frequency Management with which Federal agencies must comply when requesting use of the radio

frequency spectrum.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 47 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 47 USC 901 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Mitchell

Office of Spectrum Management

Department of Commerce

National Telecommunications and Information Administration

1401 Constitution Avenue NW

Washington , DC 20230 

Phone: 202 482-8124 

E-Mail: wmitchell@ntia.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

186
Department of Commerce (DOC) 

National Telecommunications and Information Administration ( NTIA ) RIN: 0660-AA22

 View Related Documents

Title: Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management

Abstract: The National Telecommunications and Information Administration (NTIA) makes certain changes to its regulations,

which relate to the public availability of the Manual of Regulations and Procedures for Federal Radio Frequency Management

(NTIA Manual). Specifically, NTIA updates the version of the Manual of Regulations and Procedures for Federal Radio

Frequency Management with which Federal agencies must comply when requesting use of the radio frequency spectrum.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 47 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 47 USC 901 et seq; EO 12046

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Mitchell

Office of Spectrum Management

Department of Commerce

National Telecommunications and Information Administration

1401 Constitution Avenue NW

Washington , DC 20230 

Phone: 202 482-8124 

E-Mail: wmitchell@ntia.gov

Department of Commerce (DOC) 

National Telecommunications and Information Administration ( NTIA ) RIN: 0660-AA23

 View Related Documents

Title: Removal of Regulations That Implement and Administer a Coupon Program for Digital-to-Analog Converter Boxes

Abstract: The National Telecommunications and Information Administration (NTIA) issues this rule to remove its regulations to

implement and administer the Digital-to-Analog Converter Box Program (Coupon Program). The regulations implemented

provisions of section 3005 of the Digital Television Transition and Public Safety Act of 2005 (the Act), as subsequently amended.

The final coupons were issued on August 12, 2009, and expired on November 9, 2009. NTIA is removing its regulations

because the Coupon Program is closed and the regulations are now obsolete.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 47 CFR 301 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 109-171; PL 111-4

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

187
Agency Contact: Milton Brown 

Deputy Chief Counsel

Department of Commerce

National Telecommunications and Information Administration

14th and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-1816 

FAX: 202 501-8013

E-Mail: mbrown@ntia.doc.gov

Department of Commerce (DOC) 

National Telecommunications and Information Administration ( NTIA ) RIN: 0660-AA24

 View Related Documents

Title: Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management

Abstract: The National Telecommunications and Information Administration (NTIA) hereby makes certain changes to its

regulations, which relate to the public availability of the Manual of Regulations and Procedures for Federal Radio Frequency

Management (NTIA Manual). Specifically, NTIA updates the version of the Manual of Regulations and Procedures for Federal

Radio Frequency Management with which federal agencies must comply when requesting use of the radio frequency spectrum.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 47 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 47 USC 901; EO 12046

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Mitchell

Office of Spectrum Management

Department of Commerce

National Telecommunications and Information Administration

1401 Constitution Avenue NW

Washington , DC 20230 

Phone: 202 482-8124 

E-Mail: wmitchell@ntia.gov

Department of Commerce (DOC) 

National Telecommunications and Information Administration ( NTIA ) RIN: 0660-AA25

 View Related Documents

Title: Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management

Abstract: The National Telecommunications and Information Administration (NTIA) hereby makes certain changes to its

regulations, which relate to the public availability of the Manual of Regulations and Procedures for Federal Radio Frequency

Management (NTIA Manual). Specifically, NTIA updates the version of the Manual of Regulations and Procedures for Federal

Radio Frequency Management with which federal agencies must comply when requesting use of the radio frequency spectrum.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 47 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 47 USC 901; E.O. 12046

Regulations.gov Friday, January 20, 2012 Unified Agenda

188
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Mitchell

Office of Spectrum Management

Department of Commerce

National Telecommunications and Information Administration

1401 Constitution Avenue NW

Washington , DC 20230 

Phone: 202 482-8124 

E-Mail: wmitchell@ntia.gov

Department of Commerce (DOC) 

Bureau of Economic Analysis ( BEA ) RIN: 0691-AA79

 View Related Documents

Title: BE-150, Quarterly Survey of Payment Card and Bank Card Transactions Related to International Travel

Abstract: The Bureau of Economic Analysis (BEA) proposes to amend its regulations for the BE-150 to revise the covered

transactions to include those settled by U.S. companies that operate personal identification number (PIN)-based debit networks.

This change is being proposed to close a gap in the data collected on the current survey. In addition, BEA proposes to amend

the title of Form BE-150 to a new title to reflect the amendment to the coverage of the survey. The proposed new title of the

survey is BE-150, Quarterly Survey of Payment Card and Bank Card Transactions Related to International Travel. The proposed

BE-150 survey data will be used by BEA in estimating the travel component of the U.S. International Transactions Accounts.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 801.9 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3101-3108

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 01/00/2012 

Final Action 02/00/2012 

Final Action Effective 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Christopher Emond

Chief Special Surveys Branch

Department of Commerce

Bureau of Economic Analysis

1441 L Street NW.

Washington , DC 20005 

Phone: 202 606-9826 

E-Mail: christopher.emond@bea.gov

Department of Commerce (DOC) 

Bureau of Economic Analysis ( BEA ) RIN: 0691-AA80

Regulations.gov Friday, January 20, 2012 Unified Agenda

189
 View Related Documents

Title: BE-12 Benchmark Survey of Foreign Direct Investment in the United States

Abstract: This action will amend 15 CFR 806.17 to provide for the conduct of the BE-12 Benchmark Survey of Foreign Direct

Investment in the United States--2012, as required by the International Investment and Trade in Services Survey Act.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 806.17 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3101 to 3108 International Investment and Trade in Services Survey Act

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

NPRM Comment Period End 01/00/2012 

Final Action 02/00/2012 

Final Action Effective 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David H. Galler

Chief, Direct Investment Division

Department of Commerce

Bureau of Economic Analysis

1441 L Street NW.

Washington , DC 20005 

Phone: 202 606-9835 

FAX: 202 606-5319

E-Mail: david.galler@bea.gov

Department of Commerce (DOC) 

Bureau of Economic Analysis ( BEA ) RIN: 0691-AA76

 View Related Documents

Title: BE-120, Benchmark Survey of Transactions in Selected Services and Intangible Assets With Foreign Persons

Abstract: The BE-120 Benchmark Survey is intended to cover the universe of selected services transactions and transactions

in intangible assets with foreign persons. Transactions for several service types that previously were combined will be collected

separately.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 801.10 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3101-3108

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/12/2011 76 FR 50158 

NPRM Comment Period End 10/11/2011 

Final Action 12/00/2011 

Final Action Effective 01/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Christopher Emond

Regulations.gov Friday, January 20, 2012 Unified Agenda

190
Chief Special Surveys Branch

Department of Commerce

Bureau of Economic Analysis

1441 L Street NW.

Washington , DC 20005 

Phone: 202 606-9826 

E-Mail: christopher.emond@bea.gov

Department of Commerce (DOC) 

Bureau of Economic Analysis ( BEA ) RIN: 0691-AA77

 View Related Documents

Title: Removal of Reporting Requirements for Certain Surveys of Foreign Direct Investment in the United States

Abstract: This action amends existing rule 15 CFR 806 by revising section 806.15 to remove the reporting requirements for the

Initial Report on a Foreign Person's Direct or Indirect Acquisition, Establishment, or Purchase of the Operating Assets, Including

Real Estate, of a U.S. Business Enterprise (BE-13, BE-14, and BE-13 Supplement C); Survey of Foreign Direct Investment in

U.S. Enterprises Engaged in the Processing, Packaging, or Wholesale Distribution of Fish or Seafoods (BE-21); and the

Industry Classification Questionnaire (BE-607).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 806.15 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3101 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Merged with 0691-AA78 03/31/2011 

Additional Information: Merged with 0691-AA78 as "Direct Investment Surveys: Alignment of Regulations With Current

Practices."

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Merge with 0691-AA78

Agency Contact: David H. Galler

Chief, Direct Investment Division

Department of Commerce

Bureau of Economic Analysis

1441 L Street NW.

Washington , DC 20005 

Phone: 202 606-9835 

FAX: 202 606-5319

E-Mail: david.galler@bea.gov

Department of Commerce (DOC) 

Bureau of Economic Analysis ( BEA ) RIN: 0691-AA78

 View Related Documents

Title: Direct Investment Surveys: Alignment of Regulations with Current Practices

Abstract: The Bureau of Economic Analysis amends its regulations to align them with current practices. BEA eliminates

reporting requirements for several direct investment surveys not necessary because information is collected on other surveys.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

191
CFR Citation: 19 CFR 806 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 5 USC 301; 22 USC 3101; EO 11961; EO 12318; EO 12518

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/07/2011 76 FR 19282 

NPRM Comment Period End 06/07/2011 

Final Action 07/06/2011 76 FR 39260 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: David H. Galler

Chief, Direct Investment Division

Department of Commerce

Bureau of Economic Analysis

1441 L Street NW.

Washington , DC 20005 

Phone: 202 606-9835 

FAX: 202 606-5319

E-Mail: david.galler@bea.gov

Department of Commerce (DOC) 

National Institute of Standards and Technology ( NIST ) RIN: 0693-AB61

 View Related Documents

Title: Amendments to the National Voluntary Laboratory Accreditation Program Regulations

Abstract: The Director of the National Institute of Standards and Technology (NIST), United States Department of Commerce,

is amending the regulations found at 15 CFR part 285 pertaining to the National Voluntary Laboratory Accreditation Program

(NVLAP) to change the description of how NVLAP establishes Laboratory Accreditation Programs (LAPs). The amendment is

needed to clarify the original intent of this section and to improve the readability and understanding of the agency's regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 285 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 272 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Melissa Lieberman

Deputy Chief Counsel for NIST

Department of Commerce

National Institute of Standards and Technology

Mail Stop 1052, 100 Bureau Drive

Gaithersburg , MD 20899-1052 

Phone: 301 975-4783 

E-Mail: melissa.lieberman@nist.gov

Department of Commerce (DOC) 

National Institute of Standards and Technology ( NIST ) RIN: 0693-AB60

Regulations.gov Friday, January 20, 2012 Unified Agenda

192
 View Related Documents

Title: Redelegations of Authority Resulting From the America COMPETES Act

Abstract: This rule amends regulations found at 15 CFR parts 1150-1170 and the regulations found at 37 CFR parts 401, 404

and 501, reflecting the repeal of the Technology Administration and the resulting redelegations of authority.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 272; 37 CFR 404; 37 CFR 501; 15 CFR 273; 37 CFR 401; 15 CFR 1150; 15 CFR 1160; 15 CFR 1170

(To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: PL 110-69

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Melissa Lieberman

Deputy Chief Counsel for NIST

Department of Commerce

National Institute of Standards and Technology

Mail Stop 1052, 100 Bureau Drive

Gaithersburg , MD 20899-1052 

Phone: 301 975-4783 

E-Mail: melissa.lieberman@nist.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AD89

 View Related Documents

Title: Automated Export System and Shippers Export Declaration--Requirement to Show Paragraphs in Export Control

Classification Numbers

Abstract: The Export Administration Regulations currently require that the Export Control Classification Number (ECCN) be

entered for certain exports from the United States. The lists of items in some ECCNs is further broken down by paragraphs that

describe the items covered by that ECCN with greater precision. In some instances, the export license requirements, availability

of license exceptions, and license application review policy are affected by that paragraph designation. The Bureau of Industry

and Security (BIS) is considering requiring that paragraph designations be included in the ECCN field on the Automated Export

System. Requiring this information would, in some transactions, allow BIS to determine more quickly the accuracy of a claimed

use of authority to ship without a license or pursuant to a license exception. In addition, this information would enable BIS to

target its end use checks of exports more effectively because it could select items of the greatest significance without extensive

follow up information from the exporter. By taking advantage of the additional information, BIS could make more effective use of

its limited enforcement resources.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 758 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; 50 USC 1701 et seq; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

193
Energy Affected: No

Agency Contact: William Arvin

Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2096 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: william.arvin@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE43

 View Related Documents

Title: Revision of Commerce Control List Based on Application of Modern Technologies to Crime Control and Law

Enforcement Activities

Abstract: This rule revises the Commerce Control List to apply crime control license requirements to certain devices, software,

and technology based on the roles that those items play in crime control and law enforcement activities. Many of the changes in

this rule are based in part on public comments to a notice of inquiry published by the Bureau of Industry and Security ("Request

for Public Comment on Crime Control License Requirements in the Export Administration Regulations").

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 22 USC 287c; 22 USC 3201 et seq; 22 USC 6004; 30 USC 185(s); 30 USC

185(u); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 15 USC 1824a; 50 USC 1701 et seq; 50 USC 2401 et seq; 50 USC 5;

EO 13026; EO 13222; PL 106-387; PL 107-156

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0694-AE42

Agency Contact: William Arvin

Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2096 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: william.arvin@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE80

 View Related Documents

Title: Addition of Non-Material Changes That May Be Made to Export Licenses; and Addition of Non-Material Changes

Requiring Prior BIS Notification and Approval

Abstract: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by revising the

section of the EAR that specifies what changes may be made to BIS export and reexport licenses. First, under an existing

paragraph of this section, this rule expands the scope of non-material changes that are specified under this paragraph (i.e.,

Regulations.gov Friday, January 20, 2012 Unified Agenda

194
non-material changes exporters and reexporters may self-determine are non-material provided the changes are within the

scope of specified parameters). Second, under a new paragraph in this section, this rule adds a new sub-set of changes that

may be made to an export or reexport license, provided the exporter or reexporter submits notification to BIS and BIS approves

the change in writing as a non-material change to the export or reexport license. Third, under another new paragraph in this

section, this rule adds provisions to clarify any changes not specified in this section are treated by BIS with a presumption of

being material changes to export and reexport licenses. Lastly, this rule makes conforming changes to other parts of the EAR to

conform with the revisions made to this section of the EAR.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 750; 15 CFR 758 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE81

 View Related Documents

Title: Revisions to Defense Priorities and Allocations System Regulations

Abstract: This rule adds certain standards and procedures for assigning priority ratings to purchase orders or contracts (priority

authority) and for allocating materials, services and facilities to promote the national defense (allocation authority). The only

comment that BIS received in response to the June 2010 rule issued under this RIN raised a procedural question about the

precedence of allocation authority orders over priority authority orders set forth in that rule. After reviewing that comment and

conducting further internal deliberations, BIS concluded that such precedence might not always best serve the national defense

interest that the rule is intended to support. The second proposed rule recognizes that, under some circumstances prioritization

authority and allocation authority might be used to complement one another rather than as alternatives, as an absolute

precedence for allocations orders would imply. In addition, as a result of its internal deliberations, BIS concluded that a number

of changes to the June 2010 proposed rule were appropriate. Those changes included allowing either personal service or

constructive notice through Federal Register publication of allocation orders rather than personal service of all such orders and

establishing a new procedure for requesting priority authority for homeland security, emergency preparedness, and critical

infrastructure protection and restoration assistance programs within the United States. BIS concluded that these changes make

the rule sufficiently different from the proposed in June 2010 that second proposed rule is needed.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 700 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2538; 42 USC 5195 et seq; 50 USC 82; 50 USC 2061 et seq; 50 USC 468; EO 12656; EO 12742;

EO 12919; EO 13286

Legal Deadline: 

Action Source Description Date

NPRM Statutory Sec 4 of the Defense Production Reauthorization Act of 2009, PL 111-

67 06/20/2010 

Regulations.gov Friday, January 20, 2012 Unified Agenda

195
Timetable:

Action Date FR Cite

NPRM 06/07/2010 75 FR 32122 

NPRM Comment Period End 07/07/2010 

Second NPRM 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Arvin

Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2096 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: william.arvin@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF19

 View Related Documents

Title: Revisions to Authorization Validated End-User Provisions: Requirement for Notice of Export, Reexport, or Transfer (In

Country) and Clarification Regarding Removal of Conditions

Abstract: In this rule, BIS amends the EAR section 748.15 by adding a notification requirement for exporters and reexporters

shipping under Authorization VEU. BIS also amends the EAR section 750.7 by clarifying when conditions on Authorizations are

removed.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748; 15 CFR 750 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF36

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

196
Title: Control of Aircraft and Related Items the President Determines No Longer Warrant Control Under the United States

Munitions List

Abstract: This rule adds aircraft parts, components, accessories, attachments, related commodities, related software and

related technology to the Commerce Control List. This rule is part of the Administration's Export Control Reform Initiative

announced by the President in 2009.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 287; 22 USC 3201 et seq; 22 USC 6004; 22 USC

7201 et seq; 22 USC 7210; 30 USC 185(s); 30 USC 185(u); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC 1701 et

seq; 50 USC 2401 et seq; 50 USC 5; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Related RINs: Related to 0694-AF17

Agency Contact: William Arvin

Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2096 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: william.arvin@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF37

 View Related Documents

Title: Proposed Revisions to the Export Administration Regulations (EAR) for Making the Commerce Control List (CCL) More

Clear and "Positive" as Part of the Export Control Reform Initiative

Abstract: As part of the President's Export Control Reform (ECR) initiative, the Bureau of Industry and Security (BIS) published

an Advanced Notice of Proposed Rulemaking (ANPRM) on December 9, 2010 (75 FR 76664), seeking public comments on how

the descriptions of items controlled on the Commerce Control List (CCL) of the Export Administration Regulations (EAR) could

be more clear and positive and "tiered" in a manner consistent with the control criteria the Administration has developed as part

of the reform effort. This rule implements various changes to the CCL to make the CCL more clear and "positive" based on

BIS's review of the public comments submitted in response to the December 9, 2010, ANPRM. This rule implements changes

that can be made by the U.S. without requiring changes to the multilateral export control regimes, such as the Wassenaar

Arrangement or the Missile Technology Control Regime. Changes BIS has determined would make the CCL more clear and

positive, but require a multilateral regime change to implement, are being evaluated by the U.S. Government to determine which

of these changes should be forwarded as U.S. Government regime proposals for multilateral export control regimes. Suggested

changes for how the CCL could be "tiered" are being reviewed by the people involved with evaluating the tiering of the CCL

under the ECR initiative and will be implemented under a separate rulemaking.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 185(u); 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 287c; 22 USC 3201 et seq; 22

USC 6004; 22 USC 7201 et seq; 22 USC 7210; 30 USC 185(s); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC 1701 et

seq; 50 USC 2401 et seq; 50 USC 5; EO 13026; EO 13222

Regulations.gov Friday, January 20, 2012 Unified Agenda

197
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AD58

 View Related Documents

Title: Implementation of the Understandings Reached at the 2004 and 2005 Nuclear Suppliers Group (NSG) Plenary Meetings

Abstract: The Bureau of Industry and Security (BIS) is publishing this rule to amend the Export Administration Regulations

(EAR) to implement the understandings reached at the 2004 Goteborg and 2005 Oslo Nuclear Suppliers Group (NSG) Plenary

Meetings.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 744; 15 CFR 742; 15 CFR 772; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 50 USC 2401 et seq; 50 USC 1701 et seq; 18 USC 2510 et seq; 22 USC 3201 et seq; 42 USC 2139a; PL

106-387; PL 107-56; PL 108-11; EO 12058; EO 12851; EO 1293; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 06/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Willard Fisher

Export Administration Specialist

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: willard.fisher@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE89

 View Related Documents

Regulations.gov Friday, January 20, 2012 Unified Agenda

198
Title: Encryption Export Controls

Abstract: On June 25, 2010, the Bureau of Industry and Security (BIS) published an interim final encryption rule in the Federal

Register that requested comments from the public (75 FR 36482). This rule incorporates many of the recommendations received

from the public, as well as corrections to errors that BIS found. Many of the comments were recommendations for future

changes to the encryption controls or to License Exception ENC. These recommendations will be addressed in a future rule.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 738; 15 CFR 740; 15 CFR 742; 15 CFR 748; 15 CFR 772; 15 CFR 774 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 15 USC 1824; 22 USC 287; 22 USC 3201; 22 USC 6004; 22 USC 7201; 22 USC 7210; 30

USC 185; 42 USC 2139; 42 USC 6212; 43 USC 1354; 50 USC 1701; 50 USC 2401; 50 USC 5; EO 12058; EO 12938; EO

13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 06/25/2010 75 FR 36482 

Final Rule Correction 07/27/2010 75 FR 43819 

Interim Final Rule Comment Period End 08/24/2010 

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE97

 View Related Documents

Title: Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign

Policy Interests of the United States

Abstract: This rule amends the Export Administration Regulations (EAR) by adding persons to the Entity List (Supplement No.

4 to part 744) on the basis of section 744.11 of the EAR. The persons who are added to the Entity List have been determined

by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The Entity

List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List

require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions

is limited.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 744 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 7210; 22 USC 3201 et seq; 22 USC 7201 et seq; 42 USC 2139a; 50 USC 1701 et seq; 50 USC

2401 et seq; EO 12058; EO 12851; EO 12938; EO 12947; EO 13026; EO 13099; EO 13222; EO 13224

Legal Deadline: None

Timetable:

Action Date FR Cite

Regulations.gov Friday, January 20, 2012 Unified Agenda

199
Final rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF17

 View Related Documents

Title: Revisions to the Export Administration Regulations (EAR): Control of Military Vehicles and Related Items that the

President Determines do not Warrant Control on the United States Munitions List

Abstract: In August 2009, President Obama directed a fundamental review of the U.S. Export control system be conducted.

This review included a fundamental review of the two primary control lists of the U.S. Export control system; i.e., the Commerce

Control List (CCL) and the United States Munitions List (USML). In December 2010, the Departments of Commerce and State

each published an Advanced Notice of Proposed Rulemaking (ANPRM) requesting public comments on creating more "positive"

and clear control lists and recommendations for how items listed on the two control lists could be tiered based on criteria

developed during the Export Control Reform (ECR) initiative. An integral part of creating a "positive" USML requires a proper

control structure be put into place under the EAR to appropriately control the less significant items moved from the USML to the

CCL, which is the subject of this proposed rule. This rule outlines the control structure developed under the ECR initiative to

ensure appropriate controls are in place for these less significant items moved from the USML to the CCL.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740; 15 CFR 743; 15 CFR 744; 15 CFR 748; 15 CFR 774; 15 CFR 730; 15 CFR 732; 15 CFR 738; 15

CFR 742; 15 CFR 746; 15 CFR 756; 15 CFR 762; 15 CFR 770; 15 CFR 772 (To search for a specific CFR, visit the Code of

Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 287c; 22 USC 6004; 22 USC 7201 et seq; 22 USC

7210; 30 USC 185(s); 42 USC 2139a; 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC 1701 et seq; 50 USC 2401 et seq;

50 USC 5; EO 12058; EO 12851; EO 12938; EO 12947; EO 13026; EO 13099; EO 13222; EO 13224; 22 USC 2151 note; 22

USC 3201 et seq; EO 11912; EO 12002; EO 12214; EO 12854; EO 12918; EO 12918; EO 12981; EO 13020; EO 13338; 30

USC 185(u)

Legal Deadline: None

Regulatory Plan:

Statement of Need: This rule is needed to describe how items that no longer warrant ITAR control--but, because they are

specially designed for military applications, warrant some degree of control--will be made subject to the EAR and listed on the

CCL. In particular, this rule establishes the framework within which items that are transferred from the ITAR to the EAR will be

identified in and controlled by the EAR. Such ready identification is needed to allow for public understanding of the changes and

to facilitate executive branch compliance with the requirements to notify Congress when items are removed from the ITAR.

Such controls are needed to accomplish the national security and foreign policy objectives of controlling transfers of military

items, which includes complying with statutory and international obligations to prevent the transfer of such items to certain

countries, end uses, and end users.

Legal Basis: The Export Administration Act of 1979, as amended, authorizes the President to prohibit or curtail exports for

national security or foreign policy reasons. Section 3(1) of that Act provides that "It is the policy of the United States to minimize

uncertainties in export control policy and to encourage trade with all countries with which the United States has diplomatic or

trading relations, except those countries with which such trade has been determined by the President to be against the national

interest." Although the Export Administration Act of 1979 (EAA), as amended, expired on August 20, 2001, Executive Order

13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 (2002)) as extended by Notice of August 12, 2010, 75 FR 50681 (Aug.

16, 2010) continues the EAR in effect under the International Emergency Economic Powers Act (IEEPA). The EAA and the

Regulations.gov Friday, January 20, 2012 Unified Agenda

200
IEEPA provide the President with the discretion to tailor controls, such as through the use of license exceptions and the

creation of country groups in the implementing regulations, over different types of items based on their significance or other

factors relevant to the national interest. The Arms Export Control Act (22 U.S.C. 2778) gives the President the authority to

identify any item as a "defense article." The list of "defense articles" is identified on the U.S. Munitions List (USML) of the

International Traffic in Arms Regulations (ITAR). (22 CFR chapter I, subchapter M). Section 38(f) of the AECA requires the

President to periodically review the list of defense articles and determine which, if any, should be removed from the list. Section

38(f) authorizes the President to remove defense articles from the USML and control them under other statutory and regulatory

authorities, such as the export control regulations administered by the Commerce Department, after completing a 30-day

congressional notification.

Alternatives: BIS considered several alternative regulatory structures for the items that would be moved from the ITAR to the

EAR, including creating a separate Commerce Munitions List in the EAR and attempting to insert all items transferred into the

existing ECCN structure. BIS selected the "600 series" structure because it provided the best balance between ease of use and

the need to readily identify items moved or to be moved from the ITAR to the EAR for congressional notification purposes. A

separate Commerce Munitions List would have readily identified items moved from the ITAR, but would have required the public

to consult two lists to assess whether license requirements applied to a particular item. Attempting to place all transferred items

within the existing ECCN structure would have minimized the number of ECCNs to be consulted but would have unduly

obscured the ITAR origin of the transferred items.

Costs and Benefits: The underlying policy motivation for the reform effort is not a traditional economic cost/benefit analysis.

Rather, it is a national security effort. When the Administration first began to consider how the export control system should be

reformed to enhance national security, it did not take into account whether there would be particular economic benefits or costs.

After conducting the review, the Administration ultimately determined that our national security will be strengthened if (i) our

export control system allows for more interoperability with our NATO and other close allies; (ii) our industrial base is enhanced

by, for example, reducing the current incentives created by the export control rules for foreign companies to design out or avoid

U.S.-origin content; and (iii) our resources are more focused on controlling or prohibiting, as needed, the items that provide at

least a significant military or intelligence advantage to the United States. Items made subject to the EAR as a result of this rule

generally would require a license to all destinations except Canada and exporters, reexporters and transferors would incur the

costs associated with applying for such licenses. BIS would need additional resources to review the additional licenses and to

handle the related compliance activities that will accompany the planned change in jurisdictional status of items. The net

burden on the government and that the government imposes on industry, however, would be substantially reduced because this

rule would apply to items that currently are subject to strict, generally inflexible ITAR license requirements that impose many

collateral compliance burdens and costs on exporters and the U.S. Government. BIS believes that replacing such ITAR license

requirements with the more flexible EAR license requirements is not likely to result in any net increase in costs. However, the

benefits of the move would be substantial, although not readily quantifiable.

Risks: Not all items currently subject to the ITAR are appropriate for movement to the EAR. Care must be taken to ensure

that large sophisticated weapons and other inherently military items (as opposed to items unique to defense articles merely

because of a change in form or fit) are not moved to the EAR. BIS believes that the ongoing interagency review process is

adequate to guard against any transfers contrary to national security and foreign policy interests. At the same time, one must

consider the risks of not transferring to the EAR defense articles that no longer warrant ITAR controls. These risks include

continued excessive costs to exporters in complying with unnecessarily restrictive rules, continued disincentives for defense

manufacturers to use U.S. origin parts and components, and continued excessive costs associated with supplying allied armed

forces with U.S. origin parts and components. BIS believes that this rule sets up a structure for controls that will allow for the

appropriate balance between the risks of continuing the status quo and the risks of unwarranted relaxation of controls.

Timetable:

Action Date FR Cite

NPRM 07/15/2011 76 FR 41958 

NPRM Comment Period End 09/13/2011 

Final Rule 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Merge with 0694-AF09

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

201
Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF26

 View Related Documents

Title: Revisions to Validated End-User Authorizations: Boeing Tianjin Composite Co. Ltd.

Abstract: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise

the existing authorization for Boeing Tianjin Composites Co. Ltd.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF27

 View Related Documents

Title: Addition of the New State of the Republic of South Sudan to the Export Administration Regulations

Abstract: In this rule, the Bureau of Industry and Security amends the Export Administration Regulations to add controls for

exports and reexports of dual-use items to the new and independent Republic of South Sudan. This action is pursuant to

President Obama's pledge that the United States would formally recognize the new Republic of South Sudan as a sovereign

and independent state in July 2011.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 738; 15 CFR 740 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule Effective 07/09/2011 

Final Rule 07/13/2011 76 FR 41046 

Correction 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

202
Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF29

 View Related Documents

Title: Amendments to the Export Administration Regulations: Clarification of Provisions That Implemented Sanctions Against

Syria

Abstract: The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to clarify the status

of the comprehensive U.S. sanctions against Syria implemented under the EAR. Specifically, BIS is amending parts 736 and

746 of the EAR, which set forth the primary provisions that implement the comprehensive U.S. sanctions against Syria under

the EAR pursuant to the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003. This rule also includes

conforming changes to the EAR.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 732; 15 CFR 736; 15 CFR 738; 15 CFR 740; 15 CFR 746; 15 CFR 774 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF30

 View Related Documents

Title: Amendment to the Export Administration Regulations: Implementation of Iran Sanctions Act of 1996, as Amended

Abstract: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to

implement sanctions imposed under the Iran Sanctions Act of 1996 (ISA), as amended.

Regulations.gov Friday, January 20, 2012 Unified Agenda

203
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 746 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: EO 13222; 22 USC 3201 et seq; 50 USC 1701 et seq; 50 USC 2401 et seq; EO 12058

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 02/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF31

 View Related Documents

Title: Export and Reexport Controls to Rwanda

Abstract: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to

implement United Nations Security Council Resolution (UNSCR) 1823 (2008), which, among other things, terminated sanctions

concerning "arms and related materiel" against Rwanda imposed by the United Nations Security Council beginning in 1994

pursuant to UNSCR resolution 918. Specifically, BIS amends the EAR by removing references to Rwanda in the context of a

United Nations embargo from applicable parts of the EAR. This rule includes conforming changes in the EAR related to the

termination of the United Nations embargo on "arms and related materiel" against Rwanda.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 738; 15 CFR 774; 15 CFR 732; 15 CFR 746 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 10 USC 7420; 22 USC 287c; 22 USC 3201 et seq; 50 USC 2401 et seq; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

204
Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF32

 View Related Documents

Title: Amendment to Existing Validated End-User Authorizations: National Semiconductor Corporation and Semiconductor

Manufacturing International Corporation in the People's Republic of China

Abstract: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to

remove National Semiconductor Corporation (National Semiconductor) and its three approved facilities from the list of "Validated

end-users" and "Eligible destinations" in the People's Republic of China (PRC) due to a material change in the corporation.

Also, in this rule, BIS removes one facility from the list of "Eligible destinations" for Semiconductor Manufacturing International

Corporation (SMIC), i.e., the Semiconductor Manufacturing International (Chengdu) Corporation, Assembly and Testing (AT2)

Facility (SMIC AT2 facility). These amendments are not the result of prohibited activities by National Semiconductor or SMIC, or

any of the facilities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF33

 View Related Documents

Title: Exports and Reexports to the Principality of Liechtenstein

Abstract: In this rule, the Bureau of Industry and Security amends certain requirements in the Export Administration

Regulations that apply to Liechtenstein to align the license requirements and licensing policy under the EAR for Liechtenstein

with those for Switzerland.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 738; 15 CFR 772 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 12/00/2011 

Regulations.gov Friday, January 20, 2012 Unified Agenda

205
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF38

 View Related Documents

Title: Export and Reexport License Requirements for Certain Microwave and Millimeter Wave Electronic Components

Abstract: This rule imposes a license requirement on exports and reexports to all destinations other than Canada of two types

of microwave and millimeter wave electronic components. The two components are packaged high electron mobility transistors

and packaged microwave monolithic integrated circuits power amplifiers. BIS is taking this step to control exports and reexports

of these components, which have uses in military radar systems, until the Wassenaar Arrangement on Export Controls for

Conventional Arms and Dual-Use Goods and Technologies (herein Wassenaar Arrangement) has an opportunity to decide

whether to accept or reject a planned United States Government proposal to expand the Dual-Use List published by the

Wassenaar Arrangement to cover fully these components.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740; 15 CFR 742; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201 et seq; 22 USC 7201 et seq; 22 USC 7210; 42 USC 2139a; 50 USC 1701 et seq; 50 USC

app. 2401 et seq; EO 12058; EO 12851; EO 12938; EO 13026; EO 13222; sec 1503, PL 108-119

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/00/2012 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Arvin

Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2096 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: william.arvin@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AC04

 View Related Documents

Title: Export Administration Regulations: Support Documentation Consolidation and Reorganization

Regulations.gov Friday, January 20, 2012 Unified Agenda

206
Abstract: This rule amends the Export Administration Regulations (EAR) to consolidate and reorganize the support

documentation requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; 50 USC 1701 et seq; EO 13222; EO 13026; 50 USC 2401 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AC15

 View Related Documents

Title: Expansion of License Exception GOV; Exports and Reexports to International Organizations

Abstract: The Bureau of Industry and Security maintains the Export Administration Regulations. This rule expands availability

of License Exception GOV to allow certain exports and reexports to the North Atlantic Treaty Organization and to the United

Nations for those organizations' official use.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201 et seq; 42 USC 2139a; 50 USC 1701 et seq; 50 USC 2401 et seq; EO 12002; EO 12058; EO

12214; EO 13026; EO 13222; EO 12938

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/18/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

Regulations.gov Friday, January 20, 2012 Unified Agenda

207
FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AC17

 View Related Documents

Title: De Minimis U.S. Content in Foreign Made Items

Abstract: The Department of Commerce's Bureau of Industry and Security (BIS) is revising the provisions of the Export

Administration Regulations (EAR) that pertain to foreign-made items that incorporate controlled U.S.-origin items, i.e., the EAR's

"de minimis" rules. This rule amends the EAR to change the de minimis calculation for foreign produced hardware that is

bundled with U.S.-origin software. This rule revises the definition of "incorporate" as it is applied to the de minimis rules and to

the medical statement of understanding. This rule also removes the requirement to submit a one-time report to BIS for foreignmade software that incorporates U.S.-origin software. In addition, this rule revises the "Steps for Using the EAR" and General

Prohibition Two with regard to the de minimis rules in order to reduce redundancies in the EAR and harmonize the provisions

with other revisions made by this rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 730; 15 CFR 734; 15 CFR 736; 15 CFR 762; 15 CFR 774; 15 CFR 732 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201 et seq; 42 USC 2139a; 50 USC 1701 et seq; 50 USC 2401 et seq; EO 12002; EO 12058; EO

12214; EO 12938; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 10/01/2008 73 FR 56964 

Interim Final Rule Comment Period End 12/01/2008 

No Further Action Needed 08/31/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AC23

 View Related Documents

Title: Revision to the Export Administration Regulations: Replacement Licenses

Abstract: The Bureau of Industry and Security (BIS) licenses items subject to the Export Administration Regulations (EAR) that

are classified on the Commerce Control List (CCL) and require a license. The information on a license application is deemed to

be a continuing representation of the existing facts or circumstances of the transaction. If a license application is under

consideration by BIS, any material or substantive change in the terms of the order, or in the facts relating to the transaction,

must be promptly reported to BIS. However, if a license has been issued and information submitted on the original license

application has changed or will change, and these changes are not specifically excepted by the EAR, then the licensee must

apply for either a new license or a replacement license to obtain prior authorization for these changes before exporting or

reexporting. This rule clarifies the instructions for applying for a replacement license.

Regulations.gov Friday, January 20, 2012 Unified Agenda

208
Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748; 15 CFR 772; 15 CFR 750 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201 et seq; 42 USC 2139a; 50 USC 1701 et seq; 50 USC 2401 et seq; EO 12002; EO 12058; EO

12214; EO 12938; EO 13222; EO 13026

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/03/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AC25

 View Related Documents

Title: Short Supply Controls: Crude Oil Exports

Abstract: The Bureau of Industry and Security is amending the short supply provisions of the Export Administration

Regulations to revise the restrictions on exports of crude oil.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 750; 15 CFR 754 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 30 USC 185(s); 30 USC 185(u); 42 USC 6212; 43 USC 1354

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Willard Fisher

Export Administration Specialist

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: willard.fisher@bis.doc.gov

Department of Commerce (DOC) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

209
Bureau of Industry and Security ( BIS ) RIN: 0694-AC33

 View Related Documents

Title: License Exception AVS Clarifications and Shipments to International Waters

Abstract: The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to clarify the scope of

certain License Exception AVS provisions, and to clarify the requirements of the EAR with respect to shipments to international

waters.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740; 15 CFR 744 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; 22 USC 3201 et seq; 42 USC 2139a; 50 USC 1701 et seq; EO 12002; EO 12058; EO

12214; EO 12938; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Willard Fisher

Export Administration Specialist

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: willard.fisher@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AC34

 View Related Documents

Title: Clarifications to Part 752: Special Comprehensive License Requirements

Abstract: The Bureau of Industry and Security administers the Special Comprehensive License (SCL) program to provide an

effective export control mechanism for exporters who routinely ship to multiple end-users. This rule amends the SCL provisions

of the Export Administration Regulations (EAR) to conform to changes in the SCL licensing process, and to provide SCL

applicants and consignees with additional guidance on how to fill out the forms required to submit a license application or to

request changes in their SCLs. This rule also creates two new elements for SCL internal control programs. These new elements

require the establishment of procedures for screening customers and items to ensure that SCL transactions conform to the

antiboycott provisions of the EAR and with EAR provisions concerning entities involved in weapons of mass destruction

activities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 752 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; 22 USC 3201 et seq; EO 12002; EO 12938; 42 USC 2139a; 50 USC 1701 et seq; EO

12058; EO 12214; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

210
Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Willard Fisher

Export Administration Specialist

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: willard.fisher@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AC35

 View Related Documents

Title: Chemical Weapons Convention: Revisions to the Export Administration Regulations

Abstract: The Bureau of Industry and Security (BIS) administers export controls on certain toxic chemicals and precursors that

are listed in the Schedules of Chemicals contained within the Annex on Chemicals to the Convention on the Prohibition of the

Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction, also known as the Chemical

Weapons Convention (CWC). This rule amends the CWC provisions in the Export Administration Regulations (EAR) to clarify

BIS licensing requirements and policies for chemicals and precursors controlled for chemical weapons reasons.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 22 USC 3201 et seq; EO 12002; EO 12938; 42 USC 2139a; EO 12058; EO 12214

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Willard Fisher

Export Administration Specialist

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: willard.fisher@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AC47

 View Related Documents

Title: Administrative Action Providing for Order to Stop Specific Exports or Reexports Otherwise Eligible Under Designation

NLR

Abstract: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding a

revocation and suspension order to part 750. This revocation and suspension order clarifies the authority of BIS to issue an

order informing any person that a license is required for the export, reexport, or transfer (in-country) of a specific item or items

subject to the EAR to a specific destination and/or consignee (ultimate or intermediate), that would otherwise be eligible for

export, reexport, or transfer (in-country) under designation NLR, when BIS has reasonable grounds to believe a violation of the

Regulations.gov Friday, January 20, 2012 Unified Agenda

211
EAR has occurred, is about to occur, or is intended to occur in connection with the export, reexport or transfer (in-country) in

question. This rule also consolidates in that same section in part 750 the related administrative measure for the revision,

suspension or revocation of license exceptions that was formerly in section 740.2(b). In that same section of part 750, this rule

clarifies that BIS may suspend, revise or revoke a license for certain non-enforcement related reasons (e.g., administrative or

procedural error). This rule also clarifies several provisions of the EAR to indicate that "No License Required" is not an

authorization to export, but a designation that an export or reexport does not require a license from BIS.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 738; 15 CFR 750; 15 CFR 764; 15 CFR 732; 15 CFR 736; 15 CFR 740; 15 CFR 748; 15 CFR 758 (To

search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 2151; PL 108-175; EO 12938; EO 13020; 30 USC 185(u); PL 108-117; 10 USC 7420; 10 USC

7430(e); 22 USC 2151 (note); 22 USC 287c; 22 USC 3201 et seq; 22 USC 6004; 30 USC 185(s); 42 USC 2139a; 42 USC

6212; 43 USC 1354; 15 USC 1824a; 50 USC 1701 et seq; 50 USC 2401 et seq; 50 USC 5; EO 13026; EO 13222; EO 13338;

PL 106-387; PL 107-56; PL 108-11

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AC48

 View Related Documents

Title: Imposition of License Requirement for Exports and Reexports of Missile Technology (MT)--Controlled Items to Canada

Abstract: This rule revises the existing license exemption in the Export Administration Regulations for the export of missile

technology controlled items to Canada.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 15 CFR 738; 15 CFR 742 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; 50 USC 1701 et seq; 10 USC 7420; 10 USC 7430(e); 18 USC 2501 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 12/20/2001 66 FR 65666 

ANPRM Comment Period End 02/19/2002 

NPRM 05/24/2005 70 FR 29660 

NPRM Comment Period End 06/23/2005 

Withdrawn 08/31/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

212
Agency Contact: William Arvin

Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2096 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: william.arvin@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AD07

 View Related Documents

Title: Clarification of "Space-Qualified" Parts, Components, and Technology Subject to the Export Administration Regulations

Abstract: The Bureau of Industry and Security rule amends the Export Administration Regulations (EAR), Commerce Control

List entry for space launch vehicles and "spacecraft" to remove outdated notes and to clarify that "space qualified" parts,

components and technology subject to the EAR are controlled under other entries.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; 50 USC 1701 et seq; 10 USC 7420; 10 USC 7430(e); 18 USC 2510 et seq; 22 USC

287c; 22 USC 3201 et seq; 22 USC 6004; 30 USC 185(s); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 15 USC 1824a; 50

USC 5; PL 106-387; PL 107-56; EO 13026; EO 13222; 30 USC 185(u)

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AD27

 View Related Documents

Title: License Exception GOV Exports and Reexports for Official IAEA International Inspection and Verification Use in

Accordance With the U.S.-IAEA Safeguards Agreement, as Amended by the Additional Protocol

Abstract: This rule amends the License Exception GOV provisions in the Export Administration Regulations (EAR) to authorize

exports and reexports of certain items for official International Atomic Energy Agency (IAEA) inspection and verification use in

accordance with the terms of the Agreement Between the United States of America and the International Atomic Energy Agency

for the Application of Safeguards in the United States, and Protocol thereto (U.S.-IAEA Safeguards Agreement), as amended by

the U.S.-IAEA Additional Protocol (Additional Protocol). These new License Exception GOV provisions authorize exports and

reexports of a broader range of items than those currently eligible under the IAEA-Euratom provisions of License Exception

GOV, because exports and reexports under these new License Exception GOV provisions are authorized only in connection

Regulations.gov Friday, January 20, 2012 Unified Agenda

213
with official international inspection and verification activities by the IAEA under the terms of the U.S.-IAEA Safeguards

Agreement, as amended by the Additional Protocol.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401; 50 USC 1701; EO 13026; EO 13222; PL 106-387

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0694-AD26

Agency Contact: Willard Fisher

Export Administration Specialist

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: willard.fisher@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AD80

 View Related Documents

Title: Revision to General Restriction on All License Exceptions: Availability of Certain License Exceptions for Lightweight

Aircraft Engines

Abstract: The Bureau of Industry and Security amends the general restriction on using license exceptions for MT controlled

items by adding one Export Control Classification Number (ECCN) 9A101.a to the list of ECCNs for which certain license

exceptions are available. Specifically, the commodities described in ECCN 9A101.a may be exported as part of a manned

aircraft, land vehicle or marine vehicle, or in quantities appropriate for replacement parts for such applications under section

740.9(a)(2)(ii) (License Exception TMP for kits consisting of replacement parts), section 740.10 (License Exception RPL), or

section 740.15(c) (License Exception AVS for equipment and spare parts for permanent use on an aircraft).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; 50 USC 1701 et seq; PL 106-387; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/19/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Regulations.gov Friday, January 20, 2012 Unified Agenda

214
Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AD81

 View Related Documents

Title: Implementation in the Export Administration Regulations of the United States' Rescission of Libya's Designation as a

State Sponsor of Terrorism and Revisions Applicable to Iraq

Abstract: The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the

decision of the United States on June 29, 2006, to rescind Libya's designation as a state sponsor of terrorism. To implement

that change, BIS amends the EAR by removing Libya from the list of terrorist supporting countries in Country Group E:1, and by

making other conforming amendments and related revisions throughout the EAR. In particular, Libya is added to Country Group

D:1, but remains in Country Groups D:2, D:3, and D:4. This rule is consistent with the President's May 12, 2006, report to

Congress certifying that Libya did not provide any support for international terrorism during the preceding six months, and that

Libya has provided assurances that it will not support future acts of international terrorism. This rule also revises the EAR to

reflect the fact that, in October 2004, the United States rescinded Iraq's designation as a state sponsor of terrorism. As a result

of the rescission of this designation, BIS may no longer control for anti-terrorism (AT) reasons items for which BIS previously

required a license for export or reexport to Iraq, or for transfer within Iraq. Note that BIS now controls these items for regional

stability (RS) reasons and continues to require a license for their export or reexport to Iraq, or transfer within Iraq. This rule also

amends the EAR to delete all references to Iraq's status as a Designated State Sponsor of Terrorism.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 734; 15 CFR 738; 15 CFR 740; 15 CFR 742 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 50 USC 2401; 50 USC 1701; EO 12938; EO 13026

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 08/31/2006 71 FR 51714 

Interim Final Rule Comment Period End 10/02/2006 

No Further Action Needed 09/09/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AD93

 View Related Documents

Title: Country Group C: Destinations of Diversion Concern

Abstract: The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to further the national

security interests of the United States by adding the title "Destinations of Diversion Concern" to Country Group C in anticipation

Regulations.gov Friday, January 20, 2012 Unified Agenda

215
of adding destinations that support the diversion of items subject to the EAR and implementing restrictions on exports to these

destinations.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401; 50 USC 1701; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/03/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE04

 View Related Documents

Title: Revision of the Regional Stability and Chemical and Biological Export Controls in the Export Administration Regulations

Abstract: This rule amends the Export Administration Regulations (EAR) to revise the Regional Stability and Chemical and

Biological export controls for a number of countries. This rule removes certain export license requirements based on regional

stability controls for Austria, Finland, Ireland, South Korea, Sweden, and Switzerland, because these countries are either

members of or adhere to most, if not all, of the multilateral export control regimes, e.g., Wassenaar Arrangement, Nuclear

Suppliers Group, Missile Technology Control Regime, and the Australia Group. This rule also makes editorial corrections and

harmonizing revisions to the sections of the EAR that describe regional stability and chemical and biological controls, as well as

makes a license requirement correction to Export Control Classification Number (ECCN) 0A018.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 738; 15 CFR 742; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 22 USC 3201; 22 USC 6004; 30 USC 185

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 08/03/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Regulations.gov Friday, January 20, 2012 Unified Agenda

216
Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE14

 View Related Documents

Title: Revisions to License Exception GOV for Support of Civil Aviation Authorities Responsible for Safety of Flight and

Revisions to General Restriction on All License Exceptions

Abstract: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations to add new provisions

to License Exception GOV (governments, international organizations, and international inspections under the Chemical

Weapons Convention) to authorize the export or reexport of certain "use" technology for the support of civil aviation authorities

responsible for safety of flight under the International Civil Aviation Organization (ICAO) Convention. This rule also makes

revisions to the general restriction placed on the use of all license exceptions to make certain provisions of License Exception

GOV exempt from the general restriction placed on using license exceptions for Missile Technology (MT) controlled items.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201; 42 USC 2139a; 50 USC 1701; 50 USC 2401; EO 12851; EO 12938; EO 12947; EO 13026; EO

13099; EO 13222; EO 13224; EO 12058; PL 106-387; PL 107-56

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/19/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE21

 View Related Documents

Title: Export Administration Regulations: Establishment of License Exception Intra-Company Transfer (ICT)

Abstract: This rule amends the Export Administration Regulations (EAR) to establish a new license exception entitled "IntraCompany Transfer (ICT)." This license exception allows a parent company and its wholly-owned or controlled-in-fact entities to

export, reexport, or transfer (in-country) many items on the Commerce Control List (CCL) among themselves for internal

company use. Prior authorization from the Bureau of Industry and Security (BIS) is required to use this license exception. This

rule describes the criteria pursuant to which entities are eligible to use License Exception ICT and the procedure by which they

must apply for such authorization.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740; 15 CFR 772 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026; EO 13222; PL 106-387

Regulations.gov Friday, January 20, 2012 Unified Agenda

217
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/03/2008 73 FR 57554 

NPRM Comment Period End 11/17/2008 

Withdrawn 10/19/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE30

 View Related Documents

Title: December 2007, 2008, 2009, and 2010 Wassenaar Arrangement Plenary Agreement Implementation: Low Light Level

Entries and Reporting Requirements

Abstract: This rule revises the Commerce Control List (CCL) and definitions of terms used in the Export Administration

Regulations (EAR) to implement the agreements of the Wassenaar Arrangement on Export Controls for Conventional Arms and

Dual Use Goods and Technologies (Wassenaar Arrangement or WA) to the WA List that pertain to low light level (LLL) items

that were agreed upon in December 2007 at the Wassenaar Arrangement Plenary Meetings, and subsequent changes to

ECCNs 6A002 and 6A003 in 2008, 2009, and 2010. In addition, this rule revises Wassenaar reporting requirements, as well as

special reporting requirements that pertain to low light level cameras and components.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 742; 15 CFR 743; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430; 22 USC 287; 22 USC 3201; 22 USC 6004; 22 USC 7201; 22 USC 7210; 30

USC 185; 42 USC 2139; 42 USC 6212; 43 USC 1354; 46 USC 466; 50 USC 1701; 50 USC 2401; 50 USC 5; EO 12058; EO

12851; EO 12938; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/19/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

218
Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE44

 View Related Documents

Title: Addition of Export Control Classification Number 6A981 Passive Infrasound Sensors to the Export Administration

Regulations

Abstract: The Bureau of Industry and Security amends the Export Administration Regulations (EAR) by adding Export Control

Classification Number (ECCN) 6A981 to the Commerce Control List (CCL) to control passive infrasound sensors because of

their military and commercial utility. Items under this new ECCN will be controlled for Regional Stability (RS) and Anti-Terrorism

(AT) reasons. In addition, BIS plans to control technology and software for the development, production, or use of these items

for RS and AT reasons under revised ECCNs 6D991 and 6E991, respectively.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 2401 et seq; 50 USC 1701 et seq; 10 USC 7420

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/30/2010 75 FR 37742 

NPRM Comment Period End 08/30/2010 

Withdrawn 10/19/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE63

 View Related Documents

Title: Democratic Republic of the Congo (DRC): Revision of the Export Administration Regulations to Impose Controls on

Exports, Reexports, and Transfers to Persons Pursuant to Executive Order 13413

Abstract: This rule implements Executive Order 13413 of October 27, 2006, which the President issued in response to

continuing widespread violence and atrocities in the Democratic Republic of the Congo (DRC). The rule is consistent with

several U.N. Security Council resolutions. This rule amends the Export Administration Regulations (EAR) to require a license for

exports, reexports, and transfers of all items subject to the EAR to persons whose property and interests in property, as

determined by the Office of Foreign Assets Control, are blocked pursuant to Executive Order 13413.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 744; 15 CFR 772 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026

Legal Deadline: None

Timetable:

Action Date FR Cite

Regulations.gov Friday, January 20, 2012 Unified Agenda

219
Withdrawn 10/14/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE74

 View Related Documents

Title: Five Axis Simultaneous Controlled Milling Machines: License Exception Eligibility and Fast Track Application Processing

Abstract: The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to ensure that U.S.

machine tool manufacturers are not competitively disadvantaged by export controls, while maintaining the national security of

the United States. This rule makes certain five axis simultaneous controlled milling machines controlled under Export Control

Classification Number (ECCN) 2B001 eligible for License Exceptions GBS and CIV. This rule also establishes a "fast-track"

review mechanism for certain five axis simultaneous controlled milling machines controlled under ECCNs 2B001.b.2 and

2B201.b.2.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748; 15 CFR 750; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 22 USC 287; 22 USC 3201; 22 USC 7201; 30 USC 185; 42 USC 2139; 42 USC 6212; 46

USC 466; 50 USC 1701; 50 USC 2401; 50 USC 5; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 10/12/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE90

 View Related Documents

Title: Editorial Correction to the Export Administration Regulations

Regulations.gov Friday, January 20, 2012 Unified Agenda

220
Abstract: This rule corrects inadvertent errors in the Export Administration Regulations (EAR), which are editorial in nature and

do not affect license requirements. In addition to the editorial corrections, this rule adds new definitions to the EAR that were

inadvertently not incorporated by a previous rule.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740; 15 CFR 743; 15 CFR 748; 15 CFR 772; 15 CFR 774 (To search for a specific CFR, visit the Code

of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430; 22 USC 287; 22 USC 3201; 22 USC 6004; 22 USC 7201; 30 USC 185; 42

USC 2139; 42 USC 6212; 43 USC 1354; 46 USC 466; 50 USC 1701; 50 USC 2401; 50 USC 5; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 09/21/2011 76 FR 58396 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE94

 View Related Documents

Title: Clarification Regarding the Jurisdictional Scope of Commodity Classification Determinations and Advisory Opinions

Issued by the Bureau of Industry and Security

Abstract: In this rule, the Bureau of Industry and Security clarifies the jurisdictional scope of commodity classification

determinations and advisory opinions issued by the agency.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 59 USC 2401 et seq; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule Effective 08/02/2010 

Interim Final Rule 08/02/2010 75 FR 45052 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Regulations.gov Friday, January 20, 2012 Unified Agenda

221
Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE96

 View Related Documents

Title: Editorial Corrections to the Export Administration Regulations

Abstract: This final rule corrects the country entry for Syria on the Commerce Country Chart, in addition to inadvertent errors in

the Commerce Control List. More specifically, this rule amends inaccurate references, spelling and technical errors, and

removes superfluous language to ensure accuracy in the Export Administration Regulations (EAR).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 738; 15 CFR 770; 15 CFR 774; 15 CFR 732 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 22 USC 287c; 22 USC 3201; 22 USC 6004; 22 USC 7201; 22 USC 7210;

30 USC 185(s); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 46 USC 466c; 50 USC 1701; 50 USC 2401; 50 USC 5; EO

13026; EO 13222; 30 USC 185(u)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/29/2011 76 FR 23872 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF03

 View Related Documents

Title: Export Control Modernization: Strategic Trade Authorization License Exception

Abstract: This rule implements the initial stage of the Administration's new licensing policies for dual-use items. The new

policies are part of the Administration's larger export control reform effort. The rule implements the new licensing policies by

creating a new license exception that would allow certain dual-use items to be exported and reexported with conditions to

specific countries without a license that would otherwise be required. The conditions include end-use restrictions, reexport

limitations, requirements for assurances by the consignee or end-user, reporting requirements that distinguish between endusers and distributors, and recordkeeping requirements. The conditional license-free treatment of items to specific countries

where there are lower risks of diversion to end-uses and end-users of concern to the United States is part of the larger

Administration effort to focus export control resources at levels commensurate with the risk imposed by the transaction.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740; 15 CFR 732; 15 CFR 738; 15 CFR 743; 15 CFR 774 (To search for a specific CFR, visit the Code

of Federal Regulations ) 

Regulations.gov Friday, January 20, 2012 Unified Agenda

222
Legal Authority: 22 USC 7201 et seq; 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 12/09/2010 75 FR 76653 

Correction 12/27/2010 75 FR 81152 

NPRM Comment Period End 02/07/2011 

Final Rule 06/16/2011 76 FR 35276 

Additional Information: Includes Retrospective Review under E.O. 13563.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: William Arvin

Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2096 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: william.arvin@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF04

 View Related Documents

Title: Implementation of the Understandings Reached at the 2010 Australia Group (AG) Plenary Meeting and Other AGRelated Clarifications and Corrections to the EAR

Abstract: The Bureau of Industry and Security (BIS) is publishing this rule to amend the Export Administration Regulations

(EAR) to implement the understandings reached at the June 2010 plenary meeting of the Australia Group (AG), and to make

certain AG-related editorial clarifications and corrections to the EAR. Consistent with the June 2010 AG understandings, this rule

amends the chemical manufacturing equipment entry on the Commerce Control List (CCL) of the EAR to reflect the addition of

two parenthetical phrases that clarify the description of certain "materials" contained in items on the AG "Control List of DualUse Chemical Manufacturing Facilities and Equipment and Related Technology and Software." In addition, this rule makes

certain AG-related clarifications and corrections to the EAR. Specifically, this rule amends the human and zoonotic pathogens

and toxins entry and the animal pathogens entry on the CCL by making an update and a clarification, consistent with the

description of certain items on the AG "List of Biological Agents for Export Control" and the AG "List of Animal Pathogens for

Export Control," respectively. Finally, this rule amends the listing for "valves," in the chemical manufacturing equipment entry on

the CCL, to clarify that this entry controls "valves" for the "production" of chemicals, as well as "valves" for the "processing"

and/or "containment" of chemicals.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 287c; 22 USC 6004; 22 USC 7201; 22 USC 7210;

30 USC 185(s); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC 1701 et seq; 50 USC 2401; 50 USC 5; 22 USC 3201 et

seq; 30 USC 185(u)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/20/2011 76 FR 22017 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Regulations.gov Friday, January 20, 2012 Unified Agenda

223
Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Willard Fisher

Export Administration Specialist

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: willard.fisher@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF08

 View Related Documents

Title: Paperwork Reduction Act: Updated List of Approved Information Collections and Removal of a Redundant Reporting

Requirement

Abstract: This rule updates the list of approved information collections found at Supplement 2 to part 730 of the EAR. This rule

removes a requirement to report to the Bureau of Industry and Security (BIS) certain exports of oil transported over right-of-way

granted pursuant to section 203 of the Trans Alaska Pipeline Authorization Act because BIS can now obtain the information

provided by those reports from the Automated Export System. Finally, this rule revises references to the address and telephone

number of BIS' Western Regional Office to reflect the recent relocation of that office.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748; 15 CFR 754; 15 CFR 730 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 2151 note; 22 USC 287c; 22 USC 3201 et seq; 22

USC 6004; 22 USC 7201 et seq; 22 USC 7210; 30 USC 185(s); 30 USC 185(u); 42 USC 2139a; 42 USC 6212; 43 USC 1354;

50 USC 1701 et seq; 50 USC 2401 et seq; 50 USC 5; EO 11912; EO 12002; EO 12058; EO 12214; EO 12851; EO 12854; EO

12918; EO 12938; EO 12947; EO 12981; EO 13020; EO 13026; EO 13099; EO 13222; EO 13224; EO 13338

Legal Deadline: None

Timetable:

Action Date FR Cite

Final rule 07/11/2011 76 FR 40602 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Arvin

Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2096 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: william.arvin@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF09

 View Related Documents

Title: Export Control Modernization Initiative: Clarifying the Meaning of the Term "Specially Designed" by Adopting a Single

Definition for the Entire CCL

Abstract: This rule amends the Export Administration Regulations (EAR) to clarify the meaning of the term "specially designed"

Regulations.gov Friday, January 20, 2012 Unified Agenda

224
as used on the Commerce Control List (CCL). This action is being taken as part of the implementation of the export control

modernization announced by President Obama on August 13, 2009. Clarifying the meaning of the term "specially designed" has

been noted by the public and BIS's Technical Advisory Committees (TACs) as one of the most important improvements that

could be made to the CCL, so BIS decided to place a priority on clarifying the meaning of this term on the CCL as part of

export control modernization. In addition to proposing to clarify the meaning of the term "specially designed" in this rule, BIS is

consulting with the U.S. Departments of Defense and State and its Technical Advisory Committees (TACs) to evaluate a number

of other EAR defined terms to identify additional revisions that could be made to improve the clarity of these other definitions,

create greater harmonization for how these other terms are used on the CCL and on the United States Munitions List (USML),

and lay the groundwork for moving toward a single control list. BIS will likely publish additional rules in 2011 to implement some

of these additional changes.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 772; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 287c; 22 USC 3201 et seq; 22 USC 6004; 22 USC

7201 et seq; 22 USC 7210; 30 USC 185(s); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC 1701 et seq; 50 USC 2401

et seq; 50 USC 5; EO 13026; EO 13222; EO 13222; 30 USC 185(u)

Legal Deadline: None

Timetable:

Action Date FR Cite

Merged With 0694-AF17 07/15/2011 76 FR 41958 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Merge with 0694-AF17

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF11

 View Related Documents

Title: Wassenaar Arrangement 2010 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8, and 9

of the Commerce Control List, Definitions, Reports

Abstract: The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject

to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement

changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) maintained and

agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use

Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2010 WA Plenary Meeting (the Plenary). The

Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving

regional and international security and stability. To harmonize with the changes made to the Wassenaar List at the Plenary, this

rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 4, 5

parts I & II, 6, 7, 8 and 9, revising reporting requirements, and adding and amending EAR Definitions.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 734; 15 CFR 740; 15 CFR 742; 15 CFR 772; 15 CFR 774 (To search for a specific CFR, visit the Code

of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430; 15 USC 1824a; 22 USC 287c; 22 USC 3201; 22 USC 6004; 22 USC 7201; 22

USC 7210; 30 USC 185; 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC 1701; 50 USC 2401; 50 USC 5; EO 12851; EO

Regulations.gov Friday, January 20, 2012 Unified Agenda

225
12938; EO 13020; EO 13026; EO 13058; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 05/20/2011 76 FR 29610 

No Further Action Necessary 06/14/2011 

Correction 06/14/2011 76 FR 34577 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of

international interest.

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF12

 View Related Documents

Title: Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign

Policy Interests of the United States

Abstract: This rule amends the Export Administration Regulations (EAR) by adding persons to the Entity List (Supplement No.

4 to Part 744) on the basis of section 744.11 of the EAR. The persons who are added to the Entity List have been determined

by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The Entity

List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List

require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions

is limited. Lastly, this rule updates the Code of Federal Regulations (CFR) legal authority citations for parts 730 and 744 of the

EAR.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 730; 15 CFR 744 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 30 USC 185(u); 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 2151 note; 22 USC 287c; 22 USC

3201 et seq; 22 USC 6004; 22 USC 7201 et seq; 22 USC 7210; 30 USC 185(s); 42 USC 2139a; 42 USC 6212; 43 USC 1354;

50 USC 1701 et seq; 50 USC 5; 50 USC 2401 et seq; EO 11912; EO 12002; EO 12058; EO 12214; EO 12851; EO 12854; EO

12918; EO 12938; EO 12947; EO 12981; EO 13020; EO 13026; EO 13099; EO 13222; EO 13224; EO 13338

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 06/28/2011 76 FR 37632 

Final Action Effective 06/28/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

Regulations.gov Friday, January 20, 2012 Unified Agenda

226
14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF13

 View Related Documents

Title: Implementation of Additional Changes From the Annual Review of the Entity List; Removal of Person Based on Removal

Request

Abstract: This rule amends the Export Administration Regulations (EAR) to implement additional changes to the Entity List

(Supplement No. 4 to Part 744) on the basis of the annual review of the Entity List conducted by the End-User Review

Committee (ERC). The changes from the annual review are implemented in three rules. The first rule, published on May 28,

2010 (75 FR 29884), implemented the results of the annual review for listed entities located in Canada, Egypt, Germany, Hong

Kong, Israel, Kuwait, Lebanon, Malaysia, South Korea, Singapore, and the United Kingdom. The second rule, published on

12/17/2010 (75 FR 7883), implemented the results of the annual review for entities located in China and Russia. This third rule

implements the results of the annual review for entities located in Iran, Pakistan, Syria and the United Arab Emirates (U.A.E.).

This rule also removes one person located in the United Kingdom from the Entity List. This person is being removed from the

Entity List as a result of a request for removal submitted by that person, a review of information provided in the removal request

in accordance with Section 744.16 (Procedure for requesting removal or modification of an Entity List entity), and further review

conducted by the End-User Review Committee's (ERC) member agencies. The Entity List provides notice to the public that

certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of

Industry and Security and that availability of license exceptions in such transactions is limited.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 744 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201 et seq; 22 USC 7201 et seq; 22 USC 7210; 42 USC 2139a; 50 USC 1701 et seq; 50 USC

2401 et seq; EO 12058; EO 12851; EO 12938; EO 12947; EO 13026; EO 13099; EO 13222; EO 13224

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/18/2011 76 FR 21628 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF14

 View Related Documents

Title: Implementation of a Decision Adopted Under the AG Intersessional Silent Approval Procedures in 2010

Abstract: This rule amends the Export Administration Regulations (EAR) to implement a decision based on a proposal that

was discussed at the 2010 AG Plenary and adopted under the AG intersessional silent approval procedures in November 2010.

Regulations.gov Friday, January 20, 2012 Unified Agenda

227
This rule amends the EAR, consistent with the intersessional changes to the AGs "List of Biological Agents for Export Control,"

to clarify the scope of the AG-related controls in the EAR for "South American haemorrhagic fever (Sabia, Flexal, Guanarito)"

and "Pulmonary and renal syndrome-haemorrhagic fever viruses (Seoul, Dobrava, Puumala, Sin Nombre)." Specifically, this rule

amends the Commerce Control List (CCL) entry that controls human and zoonotic pathogens and "toxins" by revising the list of

viruses in the entry to remove these two fevers and replace them with ten viral causative agents for the fevers. These changes

are intended to more clearly identify the causative agents that are of concern for purposes of the controls maintained by the AG.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 287c; 22 USC 3201 et seq; 22 USC 6004; 22 USC

7201 et seq; 22 USC 7210; 30 USC 185(s); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC 1701 et seq; 50 USC 2401

et seq; 50 USC 5; EO 13026; EO 13222; 30 USC 185(u)

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 09/12/2011 76 FR 56099 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Willard Fisher

Export Administration Specialist

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: willard.fisher@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF15

 View Related Documents

Title: Wassenaar Arrangement 2009 Plenary Agreements Implementation: ECCN 4A003, Movement of Albania and Croatia to

Computer Tier 1, and Related Revisions

Abstract: This rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar

Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments

participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies

(Wassenaar Arrangement, or WA) at the December 2009 WA Plenary Meeting (the Plenary) that relate to Export Control

Classification Number (ECCN) 4A003. These changes agreed to at the Plenary pertain to raising the Adjusted Peak

Performance (APP) for digital computers in ECCN 4A003. The President's report for High Performance Computers was sent to

Congress on February 7, 2011 to set forth the new APP in accordance with the National Defense Authorization Act (NDAA) for

FY 1998. This rule also makes corresponding revisions to License Exception APP, the de minimis rule, and post shipment

verification reporting requirements in the EAR. This rule also moves Albania and Croatia from Computer Tier 3 to Computer Tier

1 in the section of the EAR dedicated to export control requirements for high performance computers. The Administration

believes Albania and Croatia are eligible to be treated as Computer Tier 1 countries because their governments have made the

necessary reforms to bring the countries into the North Atlantic Treaty Organization (NATO), and have adopted the accepted

global standards in export controls.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 734; 15 CFR 740; 15 CFR 743; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430; 15 USC 1824a; 22 USC 287c; 22 USC 3201; 22 USC 6004; 22 USC 7201; 22

USC 7210; 30 USC 185; 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC 1701; 50 USC 2401; 50 USC 5; EO 12938; EO

13020; EO 13026; EO 13222

Regulations.gov Friday, January 20, 2012 Unified Agenda

228
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 06/24/2011 76 FR 36986 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF18

 View Related Documents

Title: Export Administration Regulations: Netherlands Antilles, Curacao, Sint Maarten,and Timor-Leste

Abstract: The Netherlands Antilles dissolved on October 10, 2010. This rule removes the Netherlands Antilles from all places

where it is mentioned in the Export Administration Regulations (EAR), e.g., Commerce Country Chart, the Country Groups, and

License Exception APP. Curacao and Sint Maarten (the Dutch two-fifths of the island of Saint Martin) became semiautonomous entities within the Kingdom of the Netherlands. Therefore, Curacao and Sint Maarten are added to the Commerce

Country Chart. The territories and dependencies of a country are treated as the parent country under the EAR. Bonaire, Saba,

and Sint Eustatius now fall under the direct administration of the Netherlands. Therefore, these dependencies are treated like

the Netherlands and will not be listed on the Commerce Country Chart. This rule also revises the name "East Timor" to read

"Timor-Leste" throughout the EAR, because this is the proper name of the country.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 738; 15 CFR 740; 15 CFR 745; 15 CFR 748 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 3201; 22 USC 6004; 22 USC 7201 et seq; 22 USC

7210; 22 USC 287c; 30 USC 185(s) & (u); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC 1701; 50 USC 2401; 50 USC

5; EO 12938; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 09/06/2011 

Final Action 09/06/2011 76 FR 54928 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sharron Cook

Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sharron.cook@bis.doc.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

229
Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF21

 View Related Documents

Title: Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign

Policy Interests of the United States

Abstract: This rule amends the Export Administration Regulations (EAR) by adding persons to the Entity List (Supplement No.

4 to part 744) on the basis of section 744.11 of the EAR. The persons who are added to the Entity List have been determined

by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. The Entity

List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List

require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions

is limited.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 744 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201 et seq; 22 USC 7201 et seq; 22 USC 7210; 42 USC 2139a; 50 USC 1701 et seq; 50 USC

2401 et seq; EO 12058; EO 12851; EO 12938; EO 12947; EO 13026; EO 13099; EO 13222; EO 13224

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 07/25/2011 76 FR 44259 

Final Action Effective 07/25/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF22

 View Related Documents

Title: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States to the Entity

List; and Changes From the Annual Review of Entity List

Abstract: This rule amends the Export Administration Regulations (EAR) by adding fifteen persons under twenty entries to the

Entity List (Supplement No. 4 to part 744) on the basis of section 744.11 of the EAR. The persons being added to the Entity List

have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the

United States. In addition, this rule amends the EAR to implement modifications to the Entity List on the basis of the annual

review of the Entity List conducted by the End-User Review Committee (ERC), which the ERC conducts to determine if any

entities on the Entity List should be removed or modified. This rule implements the results of the annual review for entities

located in Syria. Lastly, this rule makes a clarification to an existing entry located in China to clarify the relationship of a listed

alias to the existing entry and to provide additional information on the alias. The Entity List provides notice to the public that

certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of

Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Regulations.gov Friday, January 20, 2012 Unified Agenda

230
Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 744 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201 et seq; 22 USC 7201 et seq; 22 USC 7210; 42 USC 2139a; 50 USC 1701 et seq; 50 USC

2401 et seq; EO 12058; EO 12851; EO 12938; EO 12947; EO 13026; EO 13099; EO 13222; EO 13224

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 08/15/2011 76 FR 50407 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF23

 View Related Documents

Title: Technical Amendment to Supplement No. 7 of the Export Administration Regulations

Abstract: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR),

Supplement No. 7 to part 748 (List of Authorization Validated End-User approved end-users, eligible items and destinations).

Specifically, in this rule, BIS adds a column to Supplement No. 7 to Part 748 that lists Federal Register citations for the

respective entries. This rule does not make any substantive changes to Supplement No. 7 or elsewhere in the EAR. This rule is

similar to rules that update provisions under the Export Administration Regulations Authorization Validated End-User program.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 07/12/2011 76 FR 40804 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

231
Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF24

 View Related Documents

Title: Removal and Modifications for Persons Listed Under Russia on the Entity List

Abstract: This rule amends the Export Administration Regulations (EAR) by removing one and revising two Russian entries on

the Entity List (Supplement No. 4 to part 744). The rule removes the Federal Atomic Power of Russia (Rusatom) (now known as

the Russian State Corporation of Atomic Energy (Rosatom)) entry from the Entity List and adds language clarifying that both the

All-Russian Scientific Research Institute of Technical Physics (VNIITF) and the All-Russian Scientific Research Institute of

Experimental Physics (VNIIEF), which are Rosatom components, remain on the Entity List. In addition, this rule adds additional

aliases and revises some of the existing aliases for the two Russian entries that are being retained on the Entity List. These

changes will better inform exporters, reexporters, and transferors of the scope of these Entity List-based license requirements.

The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the

Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such

transactions is limited.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 744 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201 et seq; 22 USC 7201 et seq; 22 USC 7210; 42 USC 2139a; 50 USC 1701 et seq; 50 USC

2401 et seq; EO 12058; EO 12851; EO 12938; EO 12947; EO 13026; EO 13099; EO 13222; EO 13224

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 05/24/2011 76 FR 29998 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF25

 View Related Documents

Title: Revision to the Validated End-User Authorization for CSMC Technologies Corporation in the People's Republic of China

Abstract: In this rule, the Bureau of Industry and Security amends the Export Administration Regulations to revise the

validated end-user authorization for CSMC Technologies Corporation in the People's Republic of China by adding an item to the

list of items that may be exported, reexported, or transferred (in-country) to CSMC's eligible destinations under Authorization

Validated End-User.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 748 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026; EO 13222; Notice of August 12, 2010, 75 FR 50681

(August 16, 2010)

Legal Deadline: None

Timetable:

Regulations.gov Friday, January 20, 2012 Unified Agenda

232
Action Date FR Cite

Final Action 06/28/2011 76 FR 37634 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0694-AF07

Agency Contact: Sheila Quarterman

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2092, 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: sheila.quarterman@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF28

 View Related Documents

Title: Addition of Certain Persons on the Entity List; Removal of a Person From the Entity List Based on a Removal Request;

and Implementation of Entity List Annual Review Changes

Abstract: This rule amends the Export Administration Regulations (EAR) by adding two persons to the Entity List (Supplement

No. 4 to Part 744) on the basis of section 744.11 of the EAR. The persons who are added to the Entity List have been

determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.

In addition, this rule amends the Entity List on the basis of the annual review of the Entity List conducted by the End-User

Review Committee (ERC). The ERC conducts the annual review to determine if any entities on the Entity List should be

removed or modified. This rule implements the results of the annual review for entities located in Hong Kong. In addition to

implementing changes from the annual review, this rule removes one person from the Entity List as a result of a request for

removal submitted by that person, a review of information provided in the removal request in accordance with section 744.16

(Procedure for requesting removal or modification of an Entity List entity), and further review conducted by the End-User Review

Committee's (ERC) member agencies. The Entity List provides notice to the public that certain exports, reexports, and transfers

(in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security and that availability

of license exceptions in such transactions is limited.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 744 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3201 et seq; 22 USC 7201 et seq; 22 USC 7210; 42 USC 2139a; 50 USC 1701 et seq; 50 USC

2401 et seq; EO 12058; EO 12851; EO 12938; EO 12947; EO 13026; EO 13099; EO 13222; EO 13224

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 10/12/2011 76 FR 63184 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Timothy Mooney

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: timothy.mooney@bis.doc.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

233
Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AF34

 View Related Documents

Title: Updated Statements of Legal Authority for the Export Administration Regulations

Abstract: This rule will update 25 authority citation paragraphs in the Export Administration Regulations (15 CFR parts 730-

774) to cite a presidential notice extending the emergency declared in Executive Order 13222. The Export Administration Act of

1979, as amended (50 U.S.C. app. sections 2401-2420 (2000)), expired in August 2001. Since that time, parts 730-744 and

746-774 of the EAR have been continued in force pursuant to Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp.,

p. 783 (2002) and the annual notices continuing the international emergency declared in that executive order. This rule updates

the authority citation paragraphs of parts 730-744 and 746-774 to cite the most recent such notice.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 730; 15 CFR 732; 15 CFR 734; 15 CFR 736; 15 CFR 738; 15 CFR 740; 15 CFR 742; 15 CFR 743; 15

CFR 744; 15 CFR 746; 15 CFR 747; 15 CFR 748; 15 CFR 750; 15 CFR 752; 15 CFR 754; 15 CFR 756; 15 CFR 758; 15 CFR

758; 15 CFR 760; 15 CFR 762; 15 CFR 764; 15 CFR 766; 15 CFR 768; 15 CFR 770; 15 CFR 772; 15 CFR 774 (To search for

a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 10 USC 7430(e); 15 USC 1824a; 22 USC 2151 note; 22 USC 287c; 22 USC 3201 et seq; 22

USC 6004; 22 USC 7201 et seq; 22 USC 7210; 30 USC 185(s); 30 USC 185(u); 42 USC 2139a; 42 USC 6212; 43 USC 1354;

50 USC 1701 et seq; 50 USC 2401 et seq; 50 USC 5; EO 11912; EO 12002; EO 12058; EO 12214; EO 12851; EO 12854; EO

12918; EO 12938; EO 12947; EO 12981; EO 13020; EO 13026; EO 13099; EO 13222; EO 13224; EO 13338

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 09/01/2011 76 FR 58393 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: William Arvin

Policy Analyst

Department of Commerce

Bureau of Industry and Security

HCHB Room 2096 14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-2440 

FAX: 202 482-3355

E-Mail: william.arvin@bis.doc.gov

Regulations.gov Friday, January 20, 2012 Unified Agenda

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