### 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 2010 Semiannual Agenda of Regulations

AGENCY: Office of the Secretary, Commerce.

ACTION : Se miannu al regu latory age nda.

SUMMARY: I n compliance with Executive Orde r 12866 entitled “Regulatory Planning and Review” and the Regulatory Flexibility Act, as am ended, 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 action s are grouped according to prerulemaking, proposed rules, final rules, long-term actions, and rulemaki ng actions completed since the spring 2010 agenda. The purpose of the agenda is to provide information to the public on regulations currently under review, being proposed, or issued by the Department. The agenda is intended to facilitate comments and views by interested members of the public.
The Department’s fall 2010 regulatory agenda includes regulatory activities that are expected to be
con ducted du ring the pe riod October 1, 2010, through September 30, 2011.

FOR FURTHER INFORMATION CONTACT:
Specific: F o r additio nal i n formation about specific regul atory actions listed in the agenda, contact the individual identified as the contact person.

General: Comments or inquirie s of a general natur e 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 Departme nt hereby pu blishes its fall 2010 Unified Agenda of Federal Regulatory and Deregulatory Actions pursuan t 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 co nsideration pursuant to this order. By memorandum of July 23, 2010, the Office of Management and Budget issued guide lines and procedures for the preparation and publication of the fall 2010 Unified Agenda. The Regulato ry Flexibility Act requires agencies to publish, in the spring and fall of each year, a regulatory flexib ility agenda that contains a brief description of the subject of any rule likely to have a significant econom ic impact on a substantial number of small entities, and a list that identifies those entries that have been se lected for periodic review under section 610 of the Regulatory Flexibility Act.
In this edition of the Department’s regulatory ag enda, a list of the most important signifi cant regulatory actions and a Statement of Regulatory Priorities ar e 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.
In addition, beginning with the fall 2007 edition, t he Internet became the basic means for disseminating the Unified Agenda. The complete Unified Agenda is av ailable online at www.reginf o.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 ma ndated 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 fl exibility agenda, in accordan ce with the Regulatory Flexibility Act, because they ar e likely to have a significant ec onomic impact on a substantial number of small entities; and
(2) Rules that the Agency has identified for perio dic review under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain information requi re d by the Regulatory Flexibility Act’s Agenda requirements. Additional inform ation on these entries is available in the Unified Agenda published on the Internet. In addition, for fa ll 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 Secr etary and vario u s o peratin g units may issue regulations. Operating units, such as the National Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry and Security, and the Patent and Trademark O ffice issue the greatest share of the Department’s regulations.
A large number of regulatory actions report ed in th e agen da de a l 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 technica l and institutional elements of NMFS’ programs, an “Explanation of Information Contained in NMFS Regulatory Entries” is provided below.
Explanation of Information Contained in NMFS Regulatory Entries
The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et se q .) (the Act) governs the management of fisheries within the Excl usive 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 Fish ery 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 am endm ents makes it difficult for NMFS to determin e the significance and timing of some regulatory action s under consideration by the Councils at the time the semiannual regulatory agenda is published.
The Department’s fall 2010 regulatory agenda follows.

NAME: Cam eron F. Kerry , General Counsel.The 296 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 Commerce Acquisition Regulation (CAR): 2008 Update 0605-AA26

Bureau of the Census - Proposed Rule

Title Regulation Identifier Number Procedure for Requesting a Population Estimates Review and Update 0607-AA46 Foreign Trade Regulations (FTR): Mandatory Automated Export System Filing for All Shipments Requiring Shipper's Export Declaration Information; Proposed Substantive Changes and Corrections 0607-AA50

Bureau of the Census - Final Rule

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

International Trade Administration - Proposed Rule

Title Regulation Identifier Number Foreign-Trade Zones in the United States 0625-AA81

International Trade Administration - Final Rule

Title Regulation Identifier Number Procedures for Conducting 5-Year (Sunset) Reviews of Antidumping and Countervailing Duty Orders 0625-AA51 Proposed Amendment to Regulation Concerning 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 Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; APO Procedures 0625-AA84

International Trade Administration - Long-term Action

Title Regulation Identifier Number Commercial Availability of Fabric and Yarn 0625-AA59National Oceanic and Atmospheric Administration - Proposed Rule

Title Regulation Identifier Number Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery 0648-AR63 American Lobster Fishery; Fishing Effort Control Measures To Complement Interstate Lobster Management Recommendations by the Atlantic States Marine Fisheries Commission 0648-AT31
Taking and Importing of Marine Mammals; Taking Marine Mammals Incidental to Deployment of a Naval At-Sea Gunnery Scoring System 0648-AT78
Taking and Importing of Marine Mammals; Taking Marine Mammals Incidental to Naval Training Operations at the East Coast Shallow Water Training Range 0648-AT81
Taking and Importing of Marine Mammals; Taking Marine Mammals Incidental to U.S. Air Force Air-to-Surface Gunnery Exercises in the Northern Gulf of Mexico 0648-AT82
Taking and Importing of Marine Mammals; Taking Marine Mammals Incidental to Naval Explosives Ordnance Testing and Training Exercises in the Northern Gulf of Mexico 0648-AT83

Spinner Dolphins in the Main Hawaiian Islands 0648-AU02 Taking Marine Mammals Incidental to Construction of the Knik Arm Bridge, Anchorage, Alaska 0648-AU96 Atlantic Highly Migratory Species; Essential Fish Habitat 0648-AV00
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 Comprehensive Review and Update of National Marine Sanctuary Program Regulations 0648-AV85
Consideration of a Research-Only Area in the Gray's Reef National Marine Sanctuary 0648-AV88 Regulations on Conducting Interagency Consultation Pursuant to the National Marine Sanctuaries 0648-AV89 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 Take and Import Marine Mammals: Take of Marine Mammals Incidental to Routine Operations of 13 Power Generating Stations in Central and Southern California 0648-AW59

Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Closed Areas Around American Samoa 0648-AW66 Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Prohibited Areas Around Guam and the Commonwealth of the Northern Mariana Islands 0648-AW67

Changes to the Coastal Zone Management Act Program Change Procedures 0648-AW74
Amendment 4 to the Atlantic Herring Fishery Management Plan 0648-AW75 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 an LNG Port Facility in Massachusetts Bay 0648-AW89

Allowable Modifications to the Turtle Excluder Device Requirements 0648-AW93 Regulatory Amendment To Correct and Clarify Amendment 13 and Subsequent Frameworks of the Northeast Multispecies Fishery Management Plan 0648-AW95

Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan 0648-AX05 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction and Operation of a Liquefied Natural Gas Facility off Massachusetts 0648-AX09
Provide Guidance for the Limited Access Privilege Program Provisions of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 0648-AX13
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
Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Arbitration Regulations 0648-AX47

Revision of Shoreside Processor and Stationary Floating Crab Processor Crab Economic Data Reports (EDRs) 0648-AX48
Trade Monitoring Procedures for Fishery Products 0648-AX63
Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 5 0648-AX70Revisions to Permit Regulations in the Groundfish, Crab, and Halibut Fisheries in the Exclusive Economic Zone Off Alaska 0648-AX78

Changes to National Marine Sanctuary Regulations on Overflights 0648-AX79
Revisions to eLandings Regulations 0648-AX97 Amendment 3 to the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands Establishing Compatible Regulations With U.S. Virgin Islands Territorial Waters 0648-AY03

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
Requirements for Importation of Fish and Fish Product Under the U.S. Marine Mammal Protection Act 0648-AY15 Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting Mothership Fishery in the Pacific Coast Groundfish Fishery 0648-AY17

Generic Amendment for Annual Catch Limits 0648-AY22 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; 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 Flower Garden Banks National Marine Sanctuary Regulations 0648-AY35 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 Amendment 83 to the Fishery Management Plan for Groundfish of the Gulf of Alaska 0648-AY53 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 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
Amend Regulations To Limit Bering Sea and Aleutian Islands Fixed Gear Catcher Processors Fishing for Pacific Cod in State of Alaska Parallel Waters 0648-AY65

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 Regulatory Amendment To Recover the Administrative Costs of Processing Permit Applications 0648-AY81
Removal of Redundant Requirements for the American Fisheries Act 0648-AY84
Fisheries in the Western Pacific; Annual Catch Limit Process 0648-AY93 Regulatory Amendment To Correct and Clarify Amendment 16 and Subsequent Frameworks of the Northeast Multispecies Fisheries Management Plan 0648-AY95

Proposed 4(d) Protective Regulations for the Gulf of Maine Distinct Population Segment of Atlantic Sturgeon 0648-AY96 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Space Vehicle and Missile Launch Operations at Kodiak Launch Complex, Alaska 0648-AY99
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011-2012 Biennial Specifications and Management Measures 0648-BA01
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

2011 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery 0648-BA03 Regulatory Amendment to the Reef Fish Fishery Management Plan To Set Total Allowable Catch for Red Grouper 0648-BA04 Amendment 37 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs 0648-BA11 Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery 0648-BA13 Taking Marine Mammals Incidental to U.S. Navy Training Exercises in the Gulf of Alaska Temporary Maritime Activities Area 0648-BA14

Licensing of Private Land Remote-Sensing Space Systems 0648-BA15 Atlantic Highly Migratory Species; Future of the Atlantic Shark Fishery0648-BA17 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
Flower Garden Banks National Marine Sanctuary Boundary Expansion 0648-BA21 Amendment 3 to the Atlantic Deep-Sea Red Crab Fishery Management Plan 0648-BA22 Mid-Atlantic Fishery Management Council Omnibus Amendment To Implement Annual Catch Limits and Accountability Measures 0648-BA23

Fagatele Bay National Marine Sanctuary Boundary Expansion 0648-BA24 Pacific Halibut Fisheries; Catch Sharing Plan 0648-BA25

National Oceanic and Atmospheric Administration - Final Rule

Title Regulation Identifier Number Resource Agency Hearings and Alternatives Development Procedures in Hydropower Licenses 0648-AU01 Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act 0648-AV15
Amending Regulations for the Pacific Halibut, Sablefish, and Pollock Fisheries Conducted Under the Western Alaska Community Development Quota Program 0648-AV33
Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, and Unregulated Fishing or Bycatch of Protected Living Marine Resources 0648-AV51

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act Environmental Review Procedure 0648-AV53

Marine Debris Definition 0648-AV68 Revise Regulations Governing the North Pacific Groundfish Observer Program 0648-AW24 Magnuson-Stevens Fishery Conservation and Management Act Provisions and Interjurisdictional Fisheries Act Disaster Assistance Programs 0648-AW38
Magnuson Stevens Fishery Conservation and Management Act Provisions; Scientific and Statistical Committees; Peer Review; National Standard Guidelines 0648-AW62

Taking and Importing Marine Mammals; U.S. Naval Surface Warfare Center Panama City Division Mission Activities 0648-AW80 Rule To Revise the Critical Habitat Designation for the Endangered Leatherback Sea Turtle 0648-AX06 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; Small Takes of Marine Mammals Incidental to Specified Activities; Consolidation of Regulations 0648-AX27

Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act 0648-AX50 Marine Sanitation Device Discharge Regulations for the Florida Keys National Marine Sanctuary 0648-AX58 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 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
Taking and Importing Marine Mammals; Navy Training Activities Conducted Within the Northwest Training Range Complex 0648-AX88

Taking and Importing Marine Mammals; Navy Training Activities Conducted Within the Mariana Island Range Complex 0648-AX90 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
Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico Modifying the Bajo de Sico Seasonal Closure 0648-AY05

Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region 0648-AY10 Amendment 17B to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region 0648-AY11 Fishing Vessel, Fishing Facility and Individual Fishing Quota Lending Program Regulations 0648-AY16 Consolidation of Tables and Figures Related to Regulations Implementing Amendment 89 to the Fishery Management Plan for the Groundfish of the Bering Sea and Aleutian Islands Management Area 0648-AY18

Reduce Bycatch of Sea Turtles in the Bottom Longline Component of the Gulf of Mexico Reef Fish Fishery 0648-AY21 Amendment 94 for Bering Sea Modified Nonpelagic Trawl Gear Requirements, St. Matthew Island Habitat Conservation Area Revision, and Modified Gear Trawl Zone 0648-AY34

Regulatory Amendment to Revise Charter Halibut Logbook Submission Requirements at 50 CFR part 300 0648-AY38
Addendum IV to the Weakfish Interstate Management Plan--Bycatch Trip Limit 0648-AY41Amendment 86 to the Fishery Management Plan for Gulf of Alaska Groundfish 0648-AY42 ESA Listing of Nine Distinct Population Segments of Loggerhead Sea Turtles as Endangered or Threatened 0648-AY49 Rulemaking To Designate Critical Habitat for the Endangered Black Abalone 0648-AY62 Taking and Importing Marine Mammals; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air Force Base, Florida 0648-AY64
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Amendments 20 and 21; Trawl Rationalization Program 0648-AY68

List of Fisheries for 2011 0648-AY69 To Open a Portion of the Georges Bank Closed Area to the Harvest of Surfclams and Ocean Quahogs 0648-AY71
Vessel Capacity Limits in the Purse Seine Fishery in the Eastern Pacific Ocean 0648-AY75 Emergency Action To Revise the Fishing Year 2010 Pollock Catch Limits in the Northeast Multispecies Fishery 0648-AY86 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Reef Fish Fishery; 2010 Accountability Measures for Greater Amberjack 0648-AY89
Implementation of Procedures To Request Licenses and a System To Allocate Licenses Under the South Pacific Tuna Treaty 0648-AY91
Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount Groundfish; Management Measures for Hancock Seamounts To Rebuild Overfished Armorhead 0648-AY92
Atlantic Highly Migratory Species; 2011 Commercial Fishing Season and Adaptive Management for the Atlantic Shark Fishery 0648-AY98

Emergency Rule To Re-Open the Recreational Red Snapper Season in the Gulf of Mexico 0648-BA06
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 21; Correction 0648-BA08 Request for Comment on Discard Provision for Herring Midwater Trawl Vessels Fishing in Groundfish Closed Area I 0648-BA16 Fisheries in the Western Pacific; Pelagic Fisheries; Hawaii-Based Shallow-Set Longline Fishery 0648-BA19 Emergency Rule To Delay the Effective Date of the Area Closure in Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region 0648-BA47

National Oceanic and Atmospheric Administration - Long-term Action

Title Regulation Identifier Number Provide Regulations for Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a Captive Marine Mammal Inventory 0648-AH26
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental To Conducting Oil and Gas Exploration Activities in the Gulf of Mexico 0648-AQ71

Fishery Management Plan for Regulating Offshore Marine Aquaculture in the Gulf of Mexico 0648-AS65
Effort Limitation for United States Commercial Fishing Vessels Targeting North Pacific Albacore Tuna 0648-AU74 Reorganization and Update of Federal West Coast Groundfish Regulations 0648-AV67
Marianas Trench Marine National Monument, Pacific Remote Islands Marine National Monument, Rose Atoll Marine National Monument 0648-AX64
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

National Oceanic and Atmospheric Administration - Completed Action

Title Regulation Identifier Number Taking Marine Mammals Incidental to Navy Low-Frequency Sonar Operations 0648-AR99 West Coast Highly Migratory Species, Correcting Amendment 0648-AT32 Fisheries of the Northeastern United States; Recordkeeping and Reporting Requirements; Regulatory Amendment To Modify Seafood Dealer Reporting Requirements; Correction 0648-AU05

South Atlantic Fishery Ecosystem Plan Comprehensive Amendment 0648-AV31 Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct Population Segment of North American Green Sturgeon 0648-AV94
Implementation of Regional Fishery Management Organization Conservation Measures Pertaining to Illegal, Unregulated, and Unreported Fishing Vessel Lists 0648-AW09

Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan 0648-AW11 Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands 0648-AW15Amendments to the Regulations on Administration and Operation of Fishery Management Councils 0648-AW18 Amendment 3 to the Northeast Skate Complex Fishery Management Plan 0648-AW30 Atlantic Highly Migratory Species; Atlantic Shark Management Measures 0648-AW65
Amendment 16 to the Northeast Multispecies Fishery Management Plan 0648-AW72 Notification of U.S. Fish Quotas and an Effort Allocation in the Northwest Atlantic Fisheries Organization Regulatory Area 0648-AX35

Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico 0648-AX67 Snapper-Grouper Fishery Management Plan of the South Atlantic 0648-AX75
Fisheries in the Western Pacific; Community Development 0648-AX76 Antarctic Marine Living Resources; Use of Centralized VMS and Importation of Toothfish; Re-export of Toothfish; Applications for Krill Fishing; Regulatory Framework for Annual Conservation Measures 0648-AX80
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-AX82
Salmon Bycatch Reduction Management Measures for the Fishery Management Plan 91 in the Bering Sea Aleutian Islands 0648-AX89

2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures 0648-AY04 2010 to 2012 Atlantic Herring Fishery Specifications and Management Measures 0648-AY14
Gulf of the Farallones, Monterey Bay, and Cordell Bank National Marine Sanctuaries Technical Corrections 0648-AY20 Remove Certain Reporting Requirements Under the Crab Rationalization Program 0648-AY28 Framework Adjustment 44 and Specifications for the Northeast Multispecies Fishery Management Plan 0648-AY29
Comprehensive Ecosystem Based Amendment 1 0648-AY32 Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Correction 0648-AY37

Framework 21 to the Atlantic Sea Scallop Fishery Management Plan 0648-AY43 To Implement the Regulatory Amendment to the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands 0648-AY45

Amendments 95/96/87 for the BSAI and GOA Groundfish FMPs for BSAI Skates and Groundfish Annual Catch Limits and Accountability Measures 0648-AY48

2010 Specifications and Management Measures for the Spiny Dogfish Fishery Management Plan 0648-AY50 Fishing Year 2010 Atlantic Deep-Sea Red Crab Specifications 0648-AY51 Temporary Rule for Emergency Action To Suspend Regional Delivery Requirements for the Western Aleutian Islands Golden King Crab Fishery 0648-AY52
Regulatory Amendment to the Gulf of Mexico Reef Fish Fishery Management Plan To Set 2010 Management Measures for Red Snapper 0648-AY57
Framework Action to Provisionally Recertify Certified Bycatch Reduction Devices for the Gulf of Mexico and South Atlantic Shrimp Fisheries 0648-AY58

Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Interim 2010 Tribal Whiting Regulations 0648-AY59 Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures 0648-AY60 Regulations To Amend the Civil Procedures 0648-AY66 Establish Control Dates for the Gulf of Mexico King and Spanish Mackerel Fisheries 0648-AY67
2010 Atlantic Bluefin Tuna Quota Specifications 0648-AY77 Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; 2010 Pacific Whiting Harvest Specifications and Management Measures 0648-AY78

Modify the Fishing Capacity Reduction Framework Regulation 0648-AY79 Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments 0648-AY82 Regulatory Amendment To Revise Angler Endorsements for Charter Halibut Permits 0648-AY85
Inseason Adjustment to the FY 2010 Atlantic Deep Sea Red Crab Specifications 0648-AY88 Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Change to 2010 Harvest Specifications for Darkblotched Rockfish, Cowcod, and Yelloweye Rockfish 0648-AY94
Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Change to 2010 Harvest Specifications for Yelloweye Rockfish; Inseason Adjustments to Fishery Management 0648-BA00
Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments to Fishery Management Measures 0648-BA05
Rule To Reaffirm a Control Date for the Purpose of Potentially Limiting Entry to the Charter and Party Fishery; Northeast Multispecies Fishery Management Plan 0648-BA09
Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; August 2010 Inseason Adjustments to Fishery Management Measures 0648-BA10Highly Migratory Species Definition Modifications for Billfishes 0648-BA12

Patent and Trademark Office - Proposed Rule

Title Regulation Identifier Number Changes to Rules of Practice Before the Trademark Trial and Appeal Board 0651-AC35
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals 0651-AC37
Requirements for Amendments After Publication 0651-AC38

Sound Marks 0651-AC40
Revival and Reinstatement of Abandoned Applications 0651-AC41

Revision of USPTO Fees for Fiscal Year 2011 0651-AC43

Revision 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
Paper Filing Surcharge 0651-AC50

Patent and Trademark Office - Final Rule

Title Regulation Identifier Number Trademark Technical and Conforming Amendments 0651-AC39

Interim Increase on Patent Fees for Fiscal Year 2011 0651-AC42

Patent and Trademark Office - Long-term Action

Title Regulation Identifier Number Changes to Representation of Others Before the U.S. Patent and Trademark Office 0651-AB55 Changes To Implement Electronic Patent Publication 0651-AC19
Changes to Practice for Documents Submitted to the United States Patent and Trademark Office 0651-AC27
Change to Disciplinary Proceeding Hearing 0651-AC31
Revision of Fees for Application for Registration and for Registration 0651-AC32
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

Patent and Trademark Office - Completed Action

Title Regulation Identifier Number Correspondence With the United States Patent and Trademark Office, Office of the General Counsel 0651-AC08 Changes in Procedures for Filing Trademark Correspondence by Express Mail or Under a Certificate of Mailing or Transmission 0651-AC18

Revision of Patent Fees for Fiscal Year 2011 0651-AC33 Cancellation of Rule of Practice 41.200(b) Before the Board of Patent Appeals and Interferences in Interference Proceedings 0651-AC46

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-AA23Bureau of Economic Analysis - Final Rule

Title Regulation Identifier Number BE-11, Annual Survey of U.S. Direct Investment Abroad 0691-AA74
BE-577 Quarterly Survey of U.S. Direct Investment Abroad 0691-AA75

Bureau of Economic Analysis - Completed Action

Title Regulation Identifier Number The BE-180 Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign Persons 0691-AA73

National Institute of Standards and Technology - Final Rule

Title Regulation Identifier Number Revisions to Department of Commerce Regulations Reflecting 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 License Exception AVS Clarifications and Shipments to International Waters 0694-AC33 Administrative Action Providing for Order To Stop Specific Exports or Reexports Otherwise Eligible Under Designation NLR 0694-AC47
Revision of Commerce Control List Based on Application of Modern Technologies to Crime Control and Law Enforcement Activities 0694-AE43

Revisions to Methods of Service and Certain Deadlines in Administrative Enforcement Proceedings 0694-AE68 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

Simplified Network Application Processing System, On-line Registration and Account Maintenance 0694-AE98

Bureau of Industry and Security - Final Rule

Title Regulation Identifier Number Clarification of "Space-Qualified" Parts, Components, and Technology Subject to the Export Administration Regulations 0694-AD07 Implementation of the Understandings Reached at the 2004 and 2005 Nuclear Suppliers Group (NSG) Plenary Meetings 0694-AD58 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
December 2007 Wassenaar Arrangement Plenary Agreement Implementation: Category 6 (Cameras and Optical Sensors) of the Commerce Control List; Wassenaar Reporting Requirements 0694-AE30
Addition of New 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

Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions; Correction 0694-AE71 Revisions to Defense Priorities and Allocations System Regulations 0694-AE81
Publicly Available Mass Market Encryption and Object Code 0694-AE82 Clarification of Grace Period for Encryption Registration Requirement 0694-AE89 Editorial Correction to the Export Administration Regulations0694-AE90 Clarification Regarding the Jurisdictional Scope of Commodity Classification Determinations and Advisory Opinions Issued by the Bureau of Industry and Security 0694-AE94
Additions to the List of Validated End-Users in the People’s Republic of China: Hynix Semiconductor China LTD., Hynix Semiconductor (WUXI) LTD., and LAM Research Corporation 0694-AE95

Editorial Corrections to the Export Administration Regulations 0694-AE96 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

Implementation of Additional Changes From the 2009 Annual Review of the Entity List 0694-AF01

Bureau of Industry and Security - Long-term 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
Clarifications to Special Comprehensive License Requirements 0694-AC34
Chemical Weapons Convention: Revisions to the Export Administration Regulations 0694-AC35
Imposition of License Requirement for Exports and Reexports of Missile Technology (MT)--Controlled Items to Canada 0694-AC48
Export and Reexport Controls on Iraq 0694-AC84 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

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

Bureau of Industry and Security - Completed Action

Title Regulation Identifier Number Revisions to the DPAS Regulation and Associated Notices 0694-AD69 Foreign Direct Products of U.S. Technology 0694-AE27
Revision of Commerce Control List To Update and Clarify Certain Crime Control Activities 0694-AE42 Revisions to the Export Administration Regulations Based Upon a Systematic Review of the CCL: Additional Changes Made Under U.S. Government National Discretion 0694-AE56
Wassenaar Arrangement 2008 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; Correction 0694-AE58
Revisions to the Export Administration Regulations To Enhance U.S. Homeland Security: Addition of Three Export Control Classification Numbers (ECCNs) and License Review Policy 0694-AE64

Issuance of Electronic Documents and Related Recordkeeping Requirements 0694-AE66 Export Administration Regulations: Technical Corrections 0694-AE69 General Authorization for Exports, Reexports and Transfers (In-Country) for Secure Destinations, Accelerated Processing Times 0694-AE73
Revisions to the Export Administration Regulations Based on the 2009 Missile Technology Control Regime Plenary Agreements 0694-AE79

On-Line Registration for Use of the Simplified Network Applications Processing Redesign System 0694-AE83 Revisions to an Authorization for an Existing Validated End-User in the People's Republic of China (PRC) 0694-AE86
Addition to the List of Validated End-Users: Advanced Micro Devices, China, Inc. 0694-AE87 Implementation of Changes From the 2009 Annual Review of the Entity List 0694-AE88Wassenaar Arrangement 2009 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control List, Definitions, Reports 0694-AE91
Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Person 0694-AE92

Technical Amendment to Part 766 of the Export Administration Regulations 0694-AE93 Updated Statements of Legal Authority for the Export Administration Regulations 0694-AF00

Department of Commerce (DOC) General Administration ( ADMIN ) RIN: 0605-AA28

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Title: Guidance for Drug-Free Workplace Requirements (Financial Assistance) Abstract: The Department of Commerce is removing its regulation implementing the Government-wide common rule on drug free 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 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 workplace.

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 06/24/2010
Final Rule 12/00/2010

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-AA26

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Title: Commerce Acquisition Regulation (CAR): 2008 Update Abstract: The Commerce Acquisition Regulation (CAR) was originally codified March 30, 1984, and amended by subsequent Federal Register Notices. The Department of Commerce (DOC) proposes to update the entire CAR through Federal Acquisition Circular (FAC) 2005-21. This update will bring the CAR in alignment with the FAR through FAC 2005-21 and streamline DOC internal policy and guidance.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 48 CFR 1300-1371 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: 41 USC 414; 48 CFR 1.301 to 1.304 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 03/08/2010 75 FR 10568 Final Rule Typographical Correction 03/26/2010 75 FR 14496

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Virna Evans Department of Commerce General Administration 1401 Constitution Avenue NW. Washington , DC 20230 Phone: 202 482-3483 E-Mail: vevans@doc.gov

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

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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: Proposed Rule 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
NPRM 12/00/2010

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

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

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Title: Foreign Trade Regulations (FTR): Mandatory Automated Export System Filing for All Shipments Requiring Shipper's Export Declaration Information; Proposed Substantive Changes and Corrections Abstract: The Census Bureau proposes to amend 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 AES Direct 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 proposed rule makes remedial changes to the FTR.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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 12/00/2010

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 Washington , DC 20233-6700 Phone: 301 763-2255 FAX: 301 763-6638 E-Mail: william.g.bostic.jr@census.gov

Department of Commerce (DOC) Bureau of the Census ( CENSUS ) RIN: 0607-AA35

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Title: Cutoff Dates for Recognition of Boundary Changes for Census 2000 and for the Intercensal Period Abstract: The Bureau of the Census (Census Bureau) is establishing 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: Final Rule 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
Final Action 12/00/2010

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.govDepartment of Commerce (DOC) Bureau of the Census ( CENSUS ) RIN: 0607-AA42

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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: Final Rule 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 Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No 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) International Trade Administration ( ITA ) RIN: 0625-AA81

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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: Proposed 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 12/00/2010

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: 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-AA51

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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 Effective 03/20/1998
Final Action 06/00/2011

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

Department of Commerce (DOC) International Trade Administration ( ITA ) RIN: 0625-AA66

View Related DocumentsTitle: Proposed Amendment to Regulation Concerning 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
Final Action 12/00/2010

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

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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

Timetable:
Action Date FR Cite Interim Final Rule 06/00/2011

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 AnalystDepartment 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

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Title: Withdrawal of Regulation Governing Treatment of Tollers and Subcontractors in Antidumping Duty Determinations Abstract: The International Trade Administration 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 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 06/00/2011

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

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Title: Withdrawal of Regulation Governing Targeted Dumping in Antidumping Duty Investigations Abstract: The International Trade Administration publishes this rule to withdraw 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 06/00/2011

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-AA84

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Title: Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; APO Procedures Abstract: This rule would amend 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 would allow 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 would change 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 rule currently allows 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 proposed amendments to the regulations are directed at amending provisions where 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 would also includes minor corrections and clarifications related to filing procedures.

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 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 Rule 06/00/2011

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 CommerceInternational Trade Administration 1401 Constitution Avenue NW. Room 1870 Washington , DC 20230 Phone: 202 482-9157

Department of Commerce (DOC) International Trade Administration ( ITA ) RIN: 0625-AA59

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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) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AR63

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Title: Maximize Retention and Monitoring Program in the Shore-Based Pacific Whiting Fishery Abstract: The Pacific Fishery Management Council (Pacific Council) at their October 21-25, 1996, meeting in San Francisco, California addressed the treatment and disposition of salmon in the groundfish trawl fisheries, specifically the shore-based whiting fishery. At that meeting, the Pacific Council discussed the retention of salmon in the shore-based whiting fishery and took action to maintain a viable shore-based whiting fishery by using exempted fishing permits (EFPs). These EFPs allowed theshore-based whiting fleet to temporarily deliver unsorted catch to processing plants and provided for the monitoring of incidentally taken salmon until a permanent monitoring program could be implemented. In keeping with the Pacific Council's recommendation, NMFS is proceeding with implementing a monitoring program for the shore-based whiting fishery. This action will aid in the sustainable management of Pacific Coast salmon and groundfish fisheries while providing an important economic opportunity to those associated with the harvest, processing, and selling of whiting taken by the shore-based whiting fleet. The need for implementing a permanent monitoring program in the shore-based Pacific whiting fishery is to provide for a full retention fishery by enabling the shore-based whiting fleet, comprised exclusively of catcher vessels, to deliver unsorted catch to processing plants. This practice is necessary to ensure that whiting landings are of market quality, while abiding by Federal groundfish regulations and those implementing the Pacific Coast salmon and groundfish fishery management plans (FMPs).

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 02/00/2011 NPRM Comment Period End 03/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels 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-AT31

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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 (ASFMC) 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 23245NPRM 12/00/2010

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-AT78

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Title: Taking and Importing of Marine Mammals; Taking Marine Mammals Incidental to Deployment of a Naval At-Sea Gunnery Scoring System Abstract: The National Marine Fisheries Service (NMFS) has received a request from the U.S. Navy for an authorization under the Marine Mammal Protection Act to take marine mammals, by harassment, incidental to deployment of a Naval At-Sea Gunnery Scoring System for the purpose of proficiency certification of U.S. Atlantic Fleet ships for naval surface fire support both within and seaward of established military operating areas. As a result of this request, NMFS is proposing regulations that, if implemented, would govern the incidental taking of marine mammals by the Navy. In order to promulgate regulations and issue Letters of Authorization thereunder, NMFS must determine that these takings will have a negligible impact on the affected species and stocks of marine mammals.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 50 CFR 216.101 (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 12/00/2010 NPRM Comment Period End 01/00/2011

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-AT81View Related Documents

Title: Taking and Importing of Marine Mammals; Taking Marine Mammals Incidental to Naval Training Operations at the East Coast Shallow Water Training Range Abstract: The National Marine Fisheries Service (NMFS) has received a request from the U.S. Navy for an authorization under the Marine Mammal Protection Act to take marine mammals, by harassment, incidental to naval vessels conducting shallow water anti-submarine training exercises in a specified area along the U.S. East Coast. As a result of this request, NMFSis proposing regulations that, if implemented, would govern the incidental taking of marine mammals by harassment and nonserious auditory impairment. In order to promulgate regulations and issue Letters of Authorization thereunder, NMFS must determine that these takings will have a negligible impact on the affected species and stocks of marine mammals.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 50 CFR 216.101 (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 12/00/2010

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-AT82

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Title: Taking and Importing of Marine Mammals; Taking Marine Mammals Incidental to U.S. Air Force Air-to-Surface Gunnery Exercises in the Northern Gulf of Mexico Abstract: The National Marine Fisheries Service (NMFS) has received a request from the U.S. Air Force, Eglin Air Force Base (AFB), for an authorization under the Marine Mammal Protection Act to take marine mammals, by harassment, incidental to conducting air-to-surface gunnery testing and training exercises from an AC-130 gunship within the waters of the northern Gulf of Mexico adjacent to Eglin AFB. As a result of this request, NMFS will propose regulations that if implemented, would govern the incidental taking of marine mammals by Eglin AFB for this activity. In order to promulgate regulations and issue a Letter of Authorization (LOA) thereunder, NMFS must determine that the takings will have a negligible impact on the affected species and stocks of marine mammals.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 50 CFR 216.101 (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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: FederalSmall 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-AT83

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Title: Taking and Importing of Marine Mammals; Taking Marine Mammals Incidental to Naval Explosives Ordnance Testing and Training Exercises in the Northern Gulf of Mexico Abstract: The National Marine Fisheries Service (NMFS) has received a request from the U.S. Air Force, Eglin Air Force Base (AFB) for an authorization under the Marine Mammal Protection Act to take marine mammals, by harassment, incidental to conducting naval explosives ordnance disposal school exercises within the waters of the northern Gulf of Mexico adjacent to Eglin AFB. As a result of this request, NMFS will propose regulations that if implemented, would govern the incidental taking of marine mammals by Eglin AFB for this activity. In order to promulgate regulations and issue a Letter of Authorization (LOA) thereunder, NMFS must determine that the takings will have a negligible impact on the affected species and stocks of marine mammals.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 50 CFR 216.101 (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 12/00/2010

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-AU02

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Title: Spinner Dolphins in the Main Hawaiian Islands Abstract: The National Marine Fisheries Service is considering regulations to protect wild spinner dolphins (Stenella longirostris) in the main Hawaiian Islands from human activities that have the potential to cause "take," as defined in the Marine Mammal Protection Act and its implementing regulations, or to otherwise adversely affect the dolphins. The scope of this actionencompasses the activities of any person or conveyance that may result in the unauthorized taking of spinner dolphins and/or that may diminish the value to the dolphins of habitat routinely used by them for resting and/or that may cause detrimental individual-level and population-level impacts.

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

Timetable:
Action Date FR Cite
ANPRM 12/12/2005 70 FR 73426 ANPRM Comment Period End 01/11/2006
NPRM 05/00/2011

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-AU96

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Title: Taking Marine Mammals Incidental to Construction of the Knik Arm Bridge, Anchorage, Alaska Abstract: The National Marine Fisheries Service (NMFS) has received a request from the Knik Arm Bridge and Toll Authority for an authorization to take marine mammals, by harassment, incidental to construction of the Knik Arm Bridge in Alaska during the period 2007 through 2012. In order to issue regulations and authorize the take, NMFS must determine that the taking will have a negligible impact on the affected species and stocks of marine mammals, will not have an unmitigable adverse impact on subsistence uses of marine mammals and will be at the lowest level practicable.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 50 CFR 216.100 (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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State 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 20910Phone: 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-AV00

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Title: Atlantic Highly Migratory Species; Essential Fish Habitat Abstract: This amendment would update Essential Fish Habitat (EFH) for Atlantic Highly Migratory Species (HMS). This amendment considers alternatives for different EFH identifications and descriptions, considers designating Habitat Areas of Particular Concern (HAPCs), and analyzes fishing and non-fishing impacts on any resulting changes to EFH. EFH for Atlantic HMS was originally identified and described in the 1999 Fishery Management Plan (FMP) for Atlantic Tunas, Swordfish, and Sharks, and in the 1999 Amendment 1 to the Atlantic Billfish FMP. As part of the 5-year review and update required by the EFH regulatory guidelines, NMFS reviewed all new and existing EFH data in the Consolidated HMS FMP and determined that changes to existing EFH may be warranted. This amendment would constitute the second phase of the 5-year review and update by potentially modifying some of the existing EFH.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 50 CFR 635; 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 Notice of Availability for EIS 09/19/2008 73 FR 54384 Extension of Comment Period on EIS 11/12/2008 73 FR 66844 End of Extended Comment Period 12/12/2008 Notice of Availability 06/12/2009 74 FR 28018 Comment Period End for Notice of Availibity of EIS 11/18/2009
NPRM 12/00/2010

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-AV04

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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 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; State Federalism: No Energy Affected: No Agency Contact: Roy E Crabtree Southeast Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV12

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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 12/00/2010

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.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV76

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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) will issue a rule 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 ) 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 12/00/2010

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

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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 12/00/2010

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

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV82

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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 non-endangered 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 Comment Period End 12/13/2007 72 FR 58279
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal Federalism: No Energy Affected: No Related Agencies: Common : DOC Agency Contact: Dr. Michael Payne Fishery Biologist Department of Commerce National Oceanic and Atmospheric AdministrationP.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

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Title: Comprehensive Review and Update of National Marine Sanctuary Program Regulations Abstract: This rulemaking makes several technical revisions to Office of National Marine Sanctuaries regulations resulting from a comprehensive review and analysis. A few minor technical inconsistencies in wording throughout the regulations were identified that has 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

Timetable:
Action Date FR Cite
NPRM 12/00/2010

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-AV88

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Title: Consideration of a Research-Only Area in the Gray's Reef National Marine Sanctuary Abstract: This rulemaking considers the establishment of 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: 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 1434; 16 USC 1439 Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 12/00/2010

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-AV89

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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: 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 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
NPRM 03/00/2011

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-AW00

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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. Thisaction 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 12/00/2010

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-AW01

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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 theauthorized fisheries managed under those plans. The modification will bring federal fishery regulations under the MagnusonStevens Act into compliance with the non-discretionary 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 02/00/2011

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 Administration1601 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

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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 non-releasable 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 12/00/2010

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

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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 Notice of Availability 12/00/2010
NPRM 12/00/2010

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

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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: Other Significant Agenda Stage of Rulemaking: Proposed Rule 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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Leo Erwin Chief, Financial Services Division Department of Commerce National Oceanic and Atmospheric Administration F/MB5, 1315 East-West Highway Silver Spring , MD 20910 Phone: 301 713-2390 FAX: 301 713-1306 E-Mail: leo.erwin@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW59

View Related DocumentsTitle: Take and Import Marine Mammals: Take of Marine Mammals Incidental to Routine Operations of 13 Power Generating Stations in Central and Southern California Abstract: The National Marine Fisheries Service (NMFS) proposes to govern the take of marine mammals by Level A harassment (injury) and mortality from 13 power generating stations located on the coast of central and southern California incidental to routine power plant operations for a period of five years, under the authority of section 101(a)(5)(A) of the Marine Mammal Protection Act. Under that authority NMFS also must prescribe mitigation, monitoring, and reporting requirements in connection with take authorizations. Incidental takings of marine mammals, including California sea lions, harbor seals, and northern elephant seals can and do occur as a result of the operation of circulating water systems (CWS) by the electrical power generation plants located on the coast of central and southern California described in the incidental take authorization applications. These CWS are an integral part of these power stations that provide continuous cooling water necessary for power generation and safety of the facility. The typical location of entrainment occurs as water is taken into the plant via submerged structures or canals. Intake velocities may be strong enough to pull live animals into the plant, particularly if they are actively seeking prey in the vicinity of intake structures. Confinement within intake plumbing could lead to confusion and panic, especially for young, immature animals. If the animal is unable to escape, it could (1) drown or become fatally injured in transit between intake and large sedimentation basins within the plants known as forebays; (2) survive the transit and succumb in the forebay due to exhaustion, illness, or disease; or (3) survive the transit and be rescued by plant personnel using cages specially designed for such an activity. It is also likely that previously dead animals may end up entrained as well.

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 05/00/2011

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: State

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-AW66

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Title: Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Closed Areas Around American Samoa Abstract: The Western Pacific Fishery Management Council recommends that U.S. tuna purse seine vessels be excluded from operating within 75 nm around the islands of American Samoa. The amendment to the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region intends to balance the needs and concerns of the American Samoa small-boat pelagic fishery with those of the purse seine 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 Legal Deadline: None

Timetable:Action Date FR Cite Notice of Availability 12/00/2010
NPRM 12/00/2010

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

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Title: Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Prohibited Areas Around Guam and the Commonwealth of the Northern Mariana Islands Abstract: The Western Pacific Fishery Management Council recommended that U.S. tuna purse seine fishing be prohibited in the U.S. EEZ around the Mariana Islands, including Guam and the Commonwealth of the Northern Mariana Islands (CNMI), and that pelagic longline fishing be prohibited within 30 nm of the CNMI. Amendment 1 to the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region intends to minimize localized stock depletion by the purse seine fishery and to reduce catch competition between the purse seine and small-boat pelagic (e.g., troll and handline) fisheries. Amendment 1 also intends to reduce competition for target species and gear conflicts between small-boat pelagic fisheries and the longline 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 Legal Deadline: None

Timetable:
Action Date FR Cite Notice of Availability 12/00/2010
NPRM 12/00/2010

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-AW74

View Related DocumentsTitle: 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 01/00/2011

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-AW75

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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: 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 Notice of Intent 05/08/2008 73 FR 26082
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Patricia A. Kurkul Regional Administrator, Northeast Region, NMFSDepartment 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-AW83

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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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Margo Schulze-Haugen 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

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Title: Take and Import of Marine Mammals: Take of Marine Mammals Incidental to Operations of an LNG 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 will propose regulations pursuant to section 101(a)(5)(A) of the MMPA, which would 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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No 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-AW93

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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: Proposed 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 05/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Michael Barnette Department of Commerce National Oceanic and Atmospheric Administration 263 Thirteenth 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-AW95View Related Documents

Title: Regulatory Amendment To Correct and Clarify 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: 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 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels 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-AX05

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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: 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 Notice of Intent 08/11/2008 73 FR 46590
NPRM 02/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: NoFederalism: 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-AX09

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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), respectively, 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. NMFS is still developing the proposed rule and has not yet reached any preliminary determinations.

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 Notice of Receipt of Application for Rulemaking 02/19/2008 73 FR 9092
NPRM 12/00/2010

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

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX13

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Title: Provide Guidance for the Limited Access Privilege Program Provisions of the Magnuson-Stevens Fishery Conservationand Management Reauthorization Act of 2006 Abstract: This rule will provide regions with interpretive guidance on the use of Limited Access Privilege Programs (LAPPs) as fishery management tools. The guidance is intended to assist the fishery management councils and NMFS regional offices in developing and implementing LAPPs.

Priority: Other Significant 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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Previously Reported as 0648-AV48 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-AX36

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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, non-governmental 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 Notice 12/15/2008 73 FR 75988 Notice Comment Period End 01/29/2009
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined 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-AX47

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Title: Amendment 30 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Arbitration Regulations Abstract: This action would implement 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: 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 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX48

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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, anyowner 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: 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 109-479; PL 109-241 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX63

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Title: Trade Monitoring Procedures for Fishery Products Abstract: The National Marine Fisheries Service (NMFS) is revising 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 government-wide International Trade Data System and to require electronic information collection through the automated internet portal maintained by Customs and Border Protection.

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 12/00/2010

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 otherwisebe 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-AX70

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Title: Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 5 Abstract: In general, the goals of the amendment are to bring the Fishery Management Plan (FMP) into compliance with the new requirements of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Stevens Act), specifically to establish annual catch limits (ACLs) and accountability measures (AMs), and to manage the fishery at long-term sustainable levels.

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 12/00/2010

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-AX78

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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 ofFederal Regulations ) Legal Authority: 16 USC 1801 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

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: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX79

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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: 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 1436; 16 USC 1439 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011

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.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX97

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Title: Revisions to eLandings Regulations Abstract: NMFS implemented an interagency electronic reporting system with a data entry component, eLandings, forreporting Bering Sea and Aleutian Islands crab in March 2005 and groundfish in December 2008. Using the eLandings webbased application, processors report production, landings, and discard/disposition data. NMFS finds it necessary to make some improvements to the eLandings regulations. The proposed rule would add a requirement for a stationary floating processor (SFP) to enter at-sea operation type, port, and crab regional designation under specific conditions. In addition, the proposed rule would correct time limits for submitting some data, add a new definition, and revise some tables to part 679 to support eLandings and to correct errors.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY03

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Title: Amendment 3 to the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands Establishing 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 would implement 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: 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 CiteNPRM 03/00/2011

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 Southeast Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY06

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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 three year period 2004-2006.

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 05/00/2011

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

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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 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; identifyingcommercial 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 to Begin Scoping 08/05/2009 74 FR 39063 Notice of Intent Comment Period End 09/04/2009 Notice of Intent to Prepare an EIS 05/13/2010 75 FR 26920 NOI Comment Period End 06/01/2010
NPRM 05/00/2011

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-AY15

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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: Other Significant Agenda Stage of Rulemaking: Proposed Rule 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

Timetable:
Action Date FR Cite
ANPRM 04/30/2010 75 FR 22731 ANPRM Comment Period End 06/29/2010 ANPRM Comment Period End Reopened 07/01/2010 75 FR 39010
NPRM 05/00/2011

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 otherwisebe 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-AY17

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Title: Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting Mothership Fishery in the Pacific Coast Groundfish Fishery Abstract: The action would implement a monitoring program for catcher vessels in the mothership sector of the Pacific whiting fishery off the coast of Washington, Oregon, and California. The monitoring program would consist of a camera and other sensors to monitor fishing activity in order to maintain the integrity of the maximized retention requirements found at 50 CFR 660.306 (f)(7). Maximized retention encourages full retention of all catch while allowing minor discard events to occur. This ensures that unsorted catch is available for observers to monitor on board the mothership processors and thereby maintains the integrity of data collected under the observer program.

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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: No

Federalism: No Energy Affected: No Related RINs: Related to 0648-AV72 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-AY22

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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 co-operation with theScientific 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
NPRM 05/00/2011

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY24

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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 eliminating the minimum landing requirements which are required for permit retention. The action would maintain 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 12/00/2010

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 96814Phone: 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

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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 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 03/00/2011

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-AY27

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Title: Fisheries in the Western Pacific; Pelagic Fisheries; American Samoa Longline Gear Requirements Abstract: Class B, C, and D vessels in the American Samoa deep-set longline fishery would be required to set hooks deeper than 100 meters and would be prohibited from possessing or landing more than 10 swordfish at any time during a given trip. The action would minimize sea turtle interactions so that the fishery is sustainable with minimal impact to green sea turtles.

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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: NoEnergy 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

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Title: Amendment 34 to the Fishery Management Plan for the Bering Sea/Aleutian Islands King and Tanner Crabs Abstract: Amendment 34 to the FMP would amend 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 would revise the criteria that enable some vessels to operate exempt from sideboards in the Gulf of Alaska Pacific cod fishery. Amendment 34 would also establish 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 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: 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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY35

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Title: Flower Garden Banks National Marine Sanctuary Regulations Abstract: The National Oceanic and Atmospheric Administration proposes to amend 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, and clarify vessel pollution discharge language, and make other technical changes and corrections.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 1434; 16 USC 1439 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

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-AY36

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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 US 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 03/00/2011

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.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY46

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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 on bigeye tuna, while ensure 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 12/00/2010

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

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Title: Amendment 5 to the Atlantic Herring Fishery Management Plan Abstract: Amendment 5 to the Atlantic Herring Fishery Management Plan will consider: catch monitoring program; 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
NPRM 11/00/2011

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

Federalism: No Energy Affected: NoAgency 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-AY53

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Title: Amendment 83 to the Fishery Management Plan for Groundfish of the Gulf of Alaska 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 would limit access to the parallel fishery for Federal fishery participants. This action is necessary toreduce uncertainty and contribute to stability across the sectors, while providing consideration of fishing communities and entrylevel opportunities for the jig sector.

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 1801 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010 Notice of Availability 12/00/2010

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-AY54

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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, December 27, 2006; 73 FR 12024, March 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; April 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: 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, December 27, 2006; 73 FR 12024, March 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; April 8, 2008). At this time, NMFS is preparing a proposal to designate critical habitat for the North Atlantic right whale.

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 12/00/2010

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

Department of Commerce (DOC)National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY55

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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: Public Law 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 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY56

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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, while minimizing 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
NPRM 12/00/2010

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY61

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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

Timetable:
Action Date FR Cite
NPRM 12/00/2010

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

Federalism: No Energy Affected: No Agency Contact: Alexis Gutierrez Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway Silver Spring , MD 20910 Phone: 301 713-2322 Extension: 158 E-Mail: alexis.gutierrez@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY63View 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 non-acoustic and acoustic effects. Potential non-acoustic 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: 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 Notice of Receipt 03/17/2010 75 FR 12734 Comment Period End 04/16/2010
NPRM 12/00/2010

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-AY65

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Title: Amend Regulations To Limit Bering Sea and Aleutian Islands Fixed Gear Catcher Processors Fishing for Pacific Cod in State of Alaska Parallel Waters Abstract: NMFS proposes a regulatory amendment 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 would reduce the risk of exceeding seasonal and area allocations of Pacific cod, improve NMFS' ability to manage existing sector allocations, and increase information collected about Pacific cod catch in the parallel fishery. It also would create more secure sector allocations of Pacific cod to prevent vessels fishing in the parallel fishery from eroding previously established sector allocations, and improve vessel owners ability to repay loans under the BSAI longline catcher/processor capacity reduction program. This proposed rule would limit access to the parallel fishery for Pacific cod by requiring a federally permitted pot or hook-and-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 would be required to comply with seasonal closures of Pacific cod that apply to federallypermitted vessels regardless of whether they are fishing in the federal or parallel fishery. Vessel owners of pot and hook-andline catcher/processors who surrender federal fisheries permit would not be reissued a new federal fisheries permit within the 3- year term of the permit.

Priority: Other Significant 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 1801 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY72

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Title: Amendment 10 to the Fishery Management Plan for Spiny Lobster in the Gulf of Mexico and South Atlantic 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 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 11/00/2011

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 Ave SouthSaint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY73

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Title: Comprehensive Annual Catch Limits Amendment to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region Abstract: The purpose of this amendment is to establish 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. Proposed actions include removal of species from the South Atlantic Snapper Grouper fishery management unit (FMU), designating some Snapper Grouper species as ecosystem component species, considering multi-species 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 11/00/2011

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY74

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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, bringingthe 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: NoneTimetable:
Action Date FR Cite
NPRM 11/00/2011

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY76

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Title: Monterey Bay National Marine Sanctuaries Amendments and Corrections Abstract: In the November 20, 2008, JMPR final rule (73 FR 70488) the Office of National Marine Sanctuaries (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 Correction and Amendments 11/00/2011

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

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Title: Regulatory 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 underthose plans.

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 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 01/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY84

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Title: Removal of Redundant Requirements for the American Fisheries Act Abstract: This rule would remove the requirement in 50 CFR part 679 for the American Fisheries Act (AFA) cooperatives participating in the Bering Sea pollock fishery to submit a preliminary annual report to the North Pacific Fishery Management Council. Regulations require the AFA cooperatives to submit a preliminary annual report to the Council by December 1 of each year and a final annual report by February 1 of the following year. Since implementation of the requirement in 2002, the Council has found that the final annual report provides the Council with adequate information about the activities of the AFA cooperatives, so a preliminary report is no longer necessary.

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 1801 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-AY28 Agency Contact: James Balsiger 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.balisger@noaa.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY93

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Title: Fisheries in the Western Pacific; Annual Catch Limit Process Abstract: The Western Pacific Fishery Management Council proposes to amend the American Samoa, Hawaii, Marianas, Pacific Remote Island Areas and western Pacific Pelagic fishery ecosystem plans to establish a process for specifying annual catch limits (ACL) and accountability measures for each western Pacific 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 01/00/2011

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-AY95

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Title: Regulatory Amendment To Correct and Clarify Amendment 16 and Subsequent Frameworks of the Northeast Multispecies Fisheries Management Plan Abstract: This action makes corrections and clarifications to 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: 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 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; State Federalism: No Energy Affected: NoAgency 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

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Title: Proposed 4(d) Protective Regulations for the Gulf of Maine Distinct Population Segment of Atlantic Sturgeon Abstract: The National Marine Fisheries Service (NMFS) is proposing 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. Consequently, a draft rule proposing to list the GOM DPS as a threatened species has been prepared, cleared by the Region, and is currently undergoing clearance and review in Headquarters. 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 is proposing to apply all of the Section 9 prohibitions (sections 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, if implemented as proposed, 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: Proposed 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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: Yes Energy Affected: No Agency Contact: Lisa Manning Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway Silver Spring , MD 20910 Phone: 301 713-1401 E-Mail: lisa.manning@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY99

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Title: Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Space Vehicle and Missile Launch Operations at Kodiak Launch Complex, AlaskaAbstract: NMFS has received an application from the Alaska Aerospace Corporation (AAC) for authorization to take marine mammals incidental to launching space launch vehicles, long range ballistic target missiles, and other smaller missile systems at Kodiak Launch Complex (KLC) for the period of February 2011 through February 2016.

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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

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-BA01

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Title: Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2011-2012 Biennial Specifications and Management Measures Abstract: This rule sets the 2011-2012 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: 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: To meet statutory deadline while also allowing for public review and comment periods and cooling-offperiods required under the National Environmental Policy Act for Environmental Impact Statements, and under the MagnusonStevens Act for FMP amendments. The final rule needs to publish by January 1, 2011 because it contains the allocations necessary for the implementation of the trawl rationalization catch share program; the Notice of Availability for Amendment 16-5 must be published by 9/22/10.
Action Source Description Date

Other Statutory NOAA FMP Amendment 09/22/2010
NPRM Statutory 10/06/2010 Other Statutory 12/27/2010

Timetable:
Action Date FR Cite Notice of Availability 10/01/2010 75 FR 60709 Notice of Availability Comment Period End 11/30/2010
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: NoFederalism: 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

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Title: To Set the 2010 Commercial Gag Quota, Set the Recreational Harvest, and Reduce or Rescind the Use of 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 Councils 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: 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 12/00/2010

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA03

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Title: 2011 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery Abstract: NMFS proposes specifications for the 2011 fishing year for Atlantic mackerel, squid, and butterfish (MSB).Regulations governing these fisheries require NMFS to publish proposed specifications for the upcoming fishing year and to provide an opportunity for public comment. The intent of this action is to fulfill this requirement and to promote the development and conservation of the MSB resources.

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 12/00/2010

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-BA04

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Title: Regulatory Amendment to the Reef Fish Fishery Management Plan To Set 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 or undergoing overfishing, the stock has declined since 2005. This decline was attributed to a 2005 episodic mortality event resulting in a little over 20% 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 (OY). In addition, there is a need to implement rulemaking resulting from this amendment prior to January 1, 2011. This is so the 2011 commercial red grouper quota can be set and allow individual fishing quota (IFQ) shares to be adjusted to reflect any change in the total allowable catch (TAC). The purpose of this regulatory amendment is to adjust TAC and the resulting commercial quota 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 12/00/2010

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State

Federalism: No Energy Affected: No Agency Contact: Roy E Crabtree Southeast Regional Administrator Department of CommerceNational Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA11

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Title: Amendment 37 to the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs Abstract: If approved, Amendment 37 would amend 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 would allow fishermen to deliver crab harvested with West designated IFQ to processors outside the West region and allow 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 Magnuson-Stevens 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: 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 12/00/2010
NPRM 02/00/2011 NPRM Comment Period End 04/00/2011
Final Rule 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James Balsiger 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.balisger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA13

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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 toparticipate. 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 post-reduction permit holders participating in the fishery and should 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: 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; 46 USC 53701 et seq; PL 108-447; PL 109-447; PL 110-161 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No 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-BA14

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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 mid-frequency 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: 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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

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 Administration1315 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-BA15

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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, 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 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Alan D Robinson Program Coordinator for Commercial Remote Sensing Department of Commerce National Oceanic and Atmospheric Administration 1335 East West Highway Silver Spring , MD 20910 Phone: 301 713-3387 Extension: 103 FAX: 301 713-2032 E-Mail: alan.robinson@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA17

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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: 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
ANPRM 09/20/2010 75 FR 57235 ANPRM Comment Period End 11/29/2010
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Margo Schulze-Haugen 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-BA18

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Title: Amendment 93 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area Abstract: This regulation would amend 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: 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 1801 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011 Notice of Availability 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA20

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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 is proposing changes to the regulations for the Olympic Coast National Marine Sanctuary (OCNMS or sanctuary). This rule proposes to revise the regulations to prohibit wastewater discharges from cruise ships; to update the language referring to tribal welfare considerations when issuing permits, to correct the size of the sanctuary based on new area estimates; to update the list of definitions; and to 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: 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 1434(e) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Helene Scalliet Department of Commerce National Oceanic and Atmospheric Administration 1305 East West Highway Silver Spring , MD 20910 Phone: 301 713-7281 E-Mail: Helene.Scalliet@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA21

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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 06/00/2011Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Debra Malek National Marine Sanctuary Program Department of Commerce National Oceanic and Atmospheric Administration 1305 East-West Highway Silver Spring , MD 20910 Phone: 301 713-3125 Extension: 162

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA22

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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 Fishery Management Plan (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: 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 12/00/2010

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-BA23

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Title: Mid-Atlantic Fishery Management Council Omnibus Amendment To Implement Annual Catch Limits and Accountability Measures Abstract: This action will establish a framework to enact Annual Catch Limits (ACLs) and comprehensive Accountability Measures (AMs), as required by the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA) for all Mid-Atlantic Fishery Management Council Fishery Management Plans and species except for Loligo and Illex Squids, which are exempt from the requirements because of an annual life cycle.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:
Action Source Description Date

Other Statutory Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 01/01/2011

Timetable:
Action Date FR Cite
NPRM 12/00/2010

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-BA24

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Title: Fagatele Bay National Marine Sanctuary Boundary Expansion Abstract: The Office of National Marine Sanctuaries 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 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels 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.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA25

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Title: Pacific Halibut Fisheries; Catch Sharing Plan Abstract: NMFS proposes to approve and implement changes to the Pacific Halibut Catch Sharing Plan (Plan) for the International Pacific Halibut Commission's (IPHC) regulatory Area 2A off Washington, Oregon, and California (Area 2A). NMFS proposes to implement the portions of the Plan and management measures that are not implemented through the IPHC, which includes the sport fishery management measures for Area 2A. These actions are intended to enhance the conservation of Pacific halibut, to protect yelloweye rockfish and other overfished groundfish species from incidental catch in the halibut fisheries, and to provide greater angler opportunity where available.

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 773 Legal Deadline:
Action Source Description Date

Other Statutory Final Rule deadline 03/01/2010
NPRM Statutory Proposed Rule deadline 12/31/2010

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: James Balsiger 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.balisger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AU01

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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 791a et seq; 16 USC 811 Legal Deadline: NoneTimetable:
Action Date FR Cite Interim Final Rule 11/17/2005 70 FR 69804 Interim Final Rule Comment Period End 01/17/2006
Final Rule 01/00/2011

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-AV15

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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; November 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 ANPR 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: Final Rule 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 Rule 01/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State Federalism: YesEnergy 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-AV33

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Title: Amending Regulations for the Pacific Halibut, Sablefish, and Pollock Fisheries Conducted Under the Western Alaska Community Development Quota Program Abstract: NMFS proposes to amend regulations that govern fisheries managed under the Western Alaska CommunityDevelopment 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; 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 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV51

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Title: Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, and Unregulated Fishing or Bycatch of Protected Living Marine ResourcesAbstract: The National Marine Fisheries Service (NMFS) is establishing a process of identification and certification to address illegal, unreported, or unregulated (IUU) activities and bycatch of protected species in international fisheries. Nations whose fishing vessels engage, or have been engaged, in IUU fishing or bycatch of protected living marine resources would be identified in a biennial report to Congress, as required under section 403 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) of 2006. NMFS would subsequently certify whether identified nations have taken appropriate corrective action with respect to the activities of its fishing vessels, as required under section 403 of MSRA.

Priority: Other Significant Agenda Stage of Rulemaking: Final 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; 16 USC 1826(d) to 1826(k) Legal Deadline: Report on countries identified as having vessels engaged in IUU fishing.
Action Source Description Date

Other Statutory Report due to Congress 16 USC 1826h 01/12/2011

Regulatory Plan: Statement of Need: The National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) proposes regulations to set forth identification and certification procedures for nations whose vessels engage in illegal, unregulated, and unreported (IUU) fishing activities or bycatch of protected living marine resources pursuant to the High Seas Fishing Moratorium Protection Act (Moratorium Protection Act). Specifically, the Moratorium Protection Act requires the Secretary of Commerce to identify in a biennial report to Congress those foreign nations whose vessels are engaged in IUU fishing or fishing that results in bycatch of protected living marine resources. The Moratorium Protection Act also requires the establishment of procedures to certify whether nations identified in the biennial report are taking appropriate corrective actions to address IUU fishing or bycatch of protected living marine resources by fishing vessels of that nation. Based upon the outcome of the certification procedures developed in this rulemaking, nations could be subject to import prohibitions on certain fisheries products and other measures under the authority provided in the High Seas Driftnet Fisheries Enforcement Act if they are not positively certified by the Secretary of Commerce.

Legal Basis: NOAA is proposing these regulations pursuant to its rulemaking authority under sections 609 and 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j and k), as amended by the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act.

Alternatives: NMFS developed alternatives for the Secretary of Commerce to make a positive certification that a nation, once identified as having vessels engaged in illegal, unregulated, and unreported (IUU) fishing, has taken sufficient corrective action against those vessels or is a member of a regional fishery management organization that has adopted effective measures to address the IUU activities. NMFS also developed alternatives for the Secretary of Commerce to make a positive certification that a nation, once identified as having vessels engaged in bycatch of protected living marine resources (PLMR), has adopted a regulatory program to conserve those PLMR that is comparable in effectiveness to the United States and which collects data to support international assessment and conservation efforts.

Costs and Benefits: Because this rule is under development, NMFS does not currently have estimates of the amount of product that is imported into the United States from other nations whose vessels are engaged in illegal, unreported, and unregulated (IUU) fishing or bycatch of protected living marine resources. Therefore, quantification of the economic impacts of this rulemaking is not possible at this time. This rulemaking has not been determined to be economically significant under E.O. 12866; however, it is considered significant because it raises novel or legal or policy issues arising out of legal mandates, the President's Priorities, and the principles set forth in the Executive order.

Risks: The risks associated with not pursuing the proposed rulemaking include allowing IUU fishing activities and/or bycatch of protected living marine resources by foreign vessels to continue without an effective tool to aid in combating such activities. Timetable:
Action Date FR Cite
ANPRM 06/11/2007 72 FR 33436 ANPRM Comment Period End 07/05/2007
NPRM 01/14/2009 74 FR 2019 NPRM Comment Period End 05/14/2009
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels 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 0648-AV23 Related Agencies: Common: AFA 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-AV53

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Title: Magnuson-Stevens Fishery Conservation and Management Reauthorization Act Environmental Review Procedure Abstract: Section 107 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) (P.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 et seq. Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/14/2008 73 FR 27998 NPRM Comment Period End 06/13/2008
Final Action 12/00/2010

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-AV68

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Title: Marine Debris DefinitionAbstract: The U.S. Coast Guard and the National Oceanic and Atmospheric Administration were directed to jointly promulgate a definition of marine debris for the purposes of 33 USC 1951.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 15 CFR 909; 33 CFR 151 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1951 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/27/2008 73 FR 30322 NPRM Comment Period End 07/28/2008
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 1625-AB24 Related Agencies: Joint: USCG Agency Contact: Holly Bamford Department of Commerce National Oceanic and Atmospheric Administration 1305 East-West Highway Silver Spring , MD 20910-3282 Phone: 301 713-2989 Extension: 106 E-Mail: holly.bamford@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW24

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Title: Revise Regulations Governing the North Pacific Groundfish Observer Program Abstract: This rulemaking revises Federal regulations relevant to numerous administrative and procedural requirements applicable to observer providers, observers, and industry participating in the North Pacific Groundfish Observer Program. Specifically, this action would: modify the current permit issuance process so that observer and observer provider permit issuance is a discretionary National Marine Fisheries Service (NMFS) decision; amend current Federal regulations addressing observer behavior involving drugs, alcohol, and physical sexual conduct to remove NMFS oversight of observer behavior that does not affect job performance; require that observer providers submit policies related to these activities and continue to notify NMFS upon learning of an incident; revise Federal regulations so that observer providers are allowed to provide observers or technical staff for purposes of exempted fishing permits, scientific research permits, or other scientific research activities; revise the definition of fishing day in Federal regulations; require observer providers to annually submit detailed economic information to NMFS; specify a date by which observers who have collected data in the previous fishing year would be required to be available for debriefing; and implement housekeeping issues related to errors or clarifications in existing regulations at 50 CFR 679.50.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 50 CFR 679; 50 CFR 679 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 118 Stat 110; 16 USC 773 et seq; 16 USC 1801 et seq; 16 USC 3631 et seq; PL 108-199 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/30/2009 74 FR 50155 NPRM Comment Period End 10/31/2009 74 FR 50155 Final Action 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: NoAgency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW38

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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, and 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 End 04/20/2009
Final Action 12/00/2010

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

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Title: Magnuson Stevens Fishery Conservation and Management Act Provisions; Scientific and Statistical Committees; PeerReview; 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 ANPRM Comment Period End 12/17/2008
NPRM 12/11/2009 74 FR 65724 NPRM Comment Period End 03/11/2010
Final Action 12/00/2010

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-AW80

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Title: Taking and Importing Marine Mammals; U.S. Naval Surface Warfare Center Panama City Division Mission Activities Abstract: On April 3, 2008, the National Marine Fisheries Service (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 Naval Surface Warfare Center Panama City Division (NSWC PCD) study area over the course of five 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, Test, 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 1 individual each of bottlenose, Atlantic spotted, and pantropical spotted dolphins per year by injury, as a result of the proposed mission activities. NMFS is issuing a proposed rule to govern the take of these marine mammals by Level B harassment (behavior) and Level A harassment (injury) incidental to the aforementioned mission activities in the Naval NSWC PCD study area for a period of five years, under the authority of section 101(a)(5)(A) of the Marine Mammal Protection Act. Under that authority NMFS also must prescribe mitigation, monitoring, and reporting requirements in connection with take authorizations.

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 seqLegal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/30/2009 74 FR 20156 NPRM Comment Period End 06/01/2009
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: Federal

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-AX06

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Title: Rule To Revise the 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 would revise critical habitat to include waters along the U.S. West Coast.

Priority: Substantive, Nonsignificant 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 NPRM Comment Period End 03/08/2010 NPRM Comment Period Extension End 04/19/2010
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: Governmental Jurisdictions Government Levels Affected: Federal; Local; State

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 20910Phone: 301 713-2322 Extension: 125

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX11

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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, test, 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 12/00/2010

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-AX27

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Title: Taking and Importing of Marine Mammals; Small Takes of Marine Mammals Incidental to Specified Activities; Consolidation of Regulations Abstract: The Office of Protected Resources proposes to simplify the National Marine Fisheries Service's (NMFS) Code of Federal Regulations (CFR) by issuing a rule 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 (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 Action 12/00/2010

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-AX50

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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 17, 2009. NMFS is required to designate critical habitat no later than one year after the publication of a listing. NMFS intends to publish a proposed rule by October 17, 2009.

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: None

Regulatory Plan: Statement of Need: The National Marine Fisheries Service (NMFS) listed the Cook Inlet beluga whale Distinct Population Segment as endangered under the Endangered Species Act on October 17, 2009. NMFS is required to designate critical habitat no later than one year after the publication of a listing. NMFS intends to publish a proposed rule by October 17, 2009.

Legal Basis: Endangered Species Act

Alternatives: Alternative 1. No action (status quo): NMFS would not designate critical habitat (CH) in Cook Inlet, Alaska, for the Cook Inlet beluga whale. Conservation and recovery of the listed species would depend exclusively upon the protections provided under the "jeopardy" provisions of Section 7 of the ESA. Alternative 2. Designate Area 1 and Area 2, which encompass all of upper-Cook Inlet, north of a line at 60° 25' north latitude, and portions of mid- and lower-Cook Inlet, extending south along the west side of the Cook Inlet, following the tidal flats into Kamishak Bay to Douglas Reef, between MHHW and waters within two nautical miles of shore. It further includes all waters of Kachemak Bay, eastward of 151° 30' westlongitude and seaward of MHHW.

Costs and Benefits: The post-designation incremental costs are estimated to range from $187,000 to $571,000, in present value terms, at a 3 percent discount rate, and from $157,000 to $472,000 at a 7 percent discount rate. Approximately six Federal action agencies for section 7 consultations are anticipated to bear 70 percent ($398,000) of these costs, while 26 percent ($148,000) are expected to accrue to NMFS, as the consulting agency. The remaining four percent ($25,000) of these costs may be borne by third parties, during the consultations. Of the total costs to Federal action agencies, the DOD is anticipated to bear approximately 76 percent ($302,000). This is followed by USACE (9 percent; $37,000), NMFS (7 percent; $28,000), FERC (7 percent; $28,000), EPA (1 percent; $3,000), and FHWA (less than 1 percent; less than $1,000). Benefits are qualitative: Area more attractive to workers in various industrial sectors; anticipated conservation and recovery species; and the general stability in associated environs should provide increases in welfare to tourists, recreationists, wildlife watchers, Cook Inlet Ferry passengers, and future cruise ship passengers. This should result in higher revenues for relevant businesses. Other wildlife and fish species will benefit, resulting in overall improvements in commercial, recreational, personal use, and subsistence uses. The increase in Cook Inlet beluga whale populations, in the longer term, will provide more frequent subsistence harvest opportunities to the Alaska Natives and allow future generations to practice their traditional ways. It will enhance passive-use benefits among those who value this species and the myriad elements and aspects of the natural habitat that sustains it. Finally, as the ESA is carried out, there are expected to be scientific and educational benefits to the Nation.

Risks: Loss of critical habitat for the Cook Inlet beluga whale Distinct Population Segment and connected loss of Cook Inlet beluga whale members. 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 12/00/2010

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-AX58

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Title: Marine Sanitation Device Discharge Regulations for the Florida Keys National Marine Sanctuary Abstract: This rulemaking implements vessel discharge regulations in federal waters of the Florida Keys National Marine Sanctuary (FKNMS) to achieve appropriate consistency with EPA No Discharge Zone 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 1439; 16 USC 1634 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/16/2009 74 FR 58923NPRM Comment Period End 02/17/2010
Final Rule 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Previously Reported as 0648-AV87 Agency Contact: Sean Morton Department of Commerce National Oceanic and Atmospheric Administration

Silver Spring , MD 20910 Phone: 301 713-7264 E-Mail: sean.morton@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX83

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Title: Gulf of the Farallones and Monterey Bay National Marine Sanctuaries Regulations on Introduced Species Abstract: The National Oceanic and Atmospheric Administration (NOAA) is proposing to revise 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 state-permitted 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 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-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

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Title: Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fishery Abstract: This action would adjust 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 by 2010, 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.

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 Comment Period Extended 12/24/2009 74 FR 68414 NPRM Comment Period End 12/21/2009 Comment Period End 03/31/2010
Final Action 12/00/2010

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-AX86

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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 is proposing regulations to govern that take and requesting information, suggestions, and comments on these proposed regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final RuleMajor: 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 12/00/2010

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-AX88

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Title: Taking and Importing Marine Mammals; Navy Training Activities Conducted Within the Northwest Training Range Complex Abstract: In September 2008, the U.S. Navy applied for 5-year regulations and a Letter of Authorization (LOA) to take marine mammals incidental to conducting military readiness training in the NWTRC. LOAs issued under the regulations would authorize the take of individuals of 26 species of marine mammals by harassment incidental to upcoming Navy training activities to be conducted within the NWTRC over the course of 5 years and commencing in February 2010. NMFS considered a range of mitigation measures and the proposed rule will include, among other measures, exclusion zones for explosives and shutdown zones for sonar use. The proposed rule also includes a plan for monitoring the effects of this action along with an adaptive management component that will allow for the modification of both mitigation and monitoring measures based on monitoring results and new science.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/13/2009 74 FR 33828 NPRM Comment Period End 08/19/2009 NPRM Comment Period Extended 08/12/2009 74 FR 40560 NPRM Comment Period End 08/12/2009
Final Action 12/00/2010

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 ResourcesDepartment 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-AX90

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Title: Taking and Importing Marine Mammals; Navy Training Activities Conducted Within the Mariana Island Range Complex Abstract: Section 101(a)(5)(A) of the Marine Mammal Protection Act directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and regulations are issued. Authorization shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and sets forth the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings. The National Defense Authorization Act of 2004 (NDAA) (Public Law 108-136) removed the "small numbers" and "specified geographical region" limitations for military readiness activities, such as the activities in this action. In September 2008, the U.S. Navy applied for a Letter of Authorization (LOA) to take marine mammals incidental to training activities (including mid-frequency sonar), maintenance, and RDT&E conducted at the Mariana Islands Range Complex (MIRC). This action would consider whether to grant the Navy an LOA to conduct their activities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/20/2009 74 FR 53796 NPRM Comment Period End 11/19/2009
Final Action 12/00/2010

Additional Information: Agency Contact: Jolie M. Harrison Title: Biologist Telephone: (301) 71302289 x 166 Email: jolie.harrison@noaa.gov

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.nmfs.noaa.gov/pr/permits/incidental.htm 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-AX91View 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 would amend existing commercial fishing regulations for the fixed-gear Pacific Halibut and sablefish individual fishing quota program at 50 CFR 679. The amendment would revoke 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 would improve the efficiency of the Pacific Halibut and Sablefish IFQ program and augment operational flexibility of participating fisherman.

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 12/00/2010

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: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY05

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Title: Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico Modifying the Bajo de Sico Seasonal Closure Abstract: The rule would modify the seasonal closure of Bajo de Sico, an area off the west coast of Puerto Rico that has been identified as critically important habitat for commercially exploited snappers and groupers. Current regulations prohibit all fishing activities, including Highly Migratory Species (HMS) from December 1 through the end of February each year as well as a year-round prohibition of bottom tending gear (i.e., traps, pots, gillnets, trammel nets, and bottom longlines). The rule would prohibit fishing for and possession of council managed species, including reef fish and spiny lobster, from October 1 through March 31. Queen Conch and coral reef resources are already prohibited year-round and will not be affected by this rule. Restrictions on bottom-tending gear will also not be affected by this rule. A year-round prohibition of anchoring within Bajo de Sico will also be implemented through this rule to provide further protection of established essential fish habitat.

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 1801Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/28/2010 75 FR 44209 NPRM Comment Period End 08/27/2010
Final Action 12/00/2010

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY10

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Title: Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region Abstract: The most recent red snapper stock assessment, completed February 2008, determined the species was undergoing overfishing and was overfished. Biomass shows a sharp decline during the 1950's and 1960's, continued decline during the 1970's, and stable but low levels since 1980. The South Atlantic Fishery Management Council (Council) is required by the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to implement rebuilding plans for overfished species. Therefore, Amendment 17A is being developed to establish a rebuilding plan and updated management reference points for red snapper in the South Atlantic. Additionally, revisions to the Magnuson-Stevens Act in 2006 require that by 2010, Fishery Management Plans (FMPs) for fisheries determined by the Secretary to be subject to overfishing establish a mechanism for specifying Annual Catch Limits (ACLs) at a level that prevents overfishing and does not exceed the recommendations of the respective Councils Scientific and Statistical Committee or other established peer review processes. These FMPs are also required to establish within this timeframe measures to ensure accountability. To comply with this Magnuson-Stevens Act requirement, Amendment 17A would establish an ACL and accountability measures for red snapper, and implement management measures to ensure harvest does not exceed the ACL.

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 Legal Deadline:
Action Source Description Date

Other Statutory ACLs for overfished species must be in place in the year 2010. 12/31/2010

Timetable:
Action Date FR Cite Notice of Availability 07/29/2010 75 FR 44753
NPRM 08/13/2010 75 FR 49447 Notice of Availability Comment Period End 09/27/2010 NPRM Comment Period End 09/27/2010
Final Action 12/00/2010

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 CrabtreeSoutheast Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY11

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Title: Amendment 17B to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region Abstract: Revisions to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) in 2006 require that by 2010, Fishery Management Plans (FMPs) for fisheries determined by the Secretary to be subject to overfishing establish a mechanism for specifying Annual Catch Limits (ACLs) at a level that prevents overfishing and does not exceed the recommendations of the respective Council's Scientific and Statistical Committee or other established peer review processes. These FMPs are also required to establish within this timeframe measures to ensure accountability. To comply with this Magnuson-Stevens Act requirement Amendment 17B would: (1) Establish ACLs and accountability measures for snowy grouper, speckled hind, Warsaw grouper, black grouper, red grouper, golden tilefish, black sea bass, gag, and vermilion snapper; (2) implement management measures to ensure harvest of these snapper-grouper species does not exceed the ACLs; (3) specify allocations for golden tilefish; and (4) modify the current snapper-grouper framework procedure to include ACLs, AMs, and annual catch targets.

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 Legal Deadline:
Action Source Description Date

Other Statutory ACLs must be implemented during 2010. 12/31/2010

Timetable:
Action Date FR Cite Notice of Availability 09/22/2010 75 FR 57734
NPRM 10/12/2010 75 FR 62488 NPRM Comment Period End 11/26/2010 Notice of Availability Comment Period End 11/22/2010
Final Rule 12/00/2010

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 Southeast Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY16

View Related DocumentsTitle: Fishing Vessel, Fishing Facility and Individual Fishing Quota Lending Program Regulations Abstract: This action provides regulations for the Fishing Vessel, Fishing Facility and Individual Fishing Quota Lending Program (FFP). FFP lending can now finance sustainable fisheries efforts, including activities that assist in the transition to reduced fishing capacity, technologies or upgrades to improve collection and reporting of fisheries data, to improve or reduce adverse affects of fishing gear, or to improve safety. The FFP collects loan principal, interest and fees in order to repay monies borrowed from the U.S. Treasury, and FFP lending maintains a negative subsidy under 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 FFP does not make loans for new vessel construction nor for vessel refurbishments that would increase harvesting capacity. This action does not substantively change eligibility or lending criteria. FFP applicants must continue to demonstrate 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 background, among others, to insure borrowers use FFP loans to operate legally and in an environmentally sound manner. This action also includes eligibility criteria and lending guidelines for two additional loan programs, lending for Bering Sea and Aleutian Islands crab fisheries and lending for entities who participate in the Alaska Region's Community Development Quota program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 1853a(g); 46 USC 53701 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/05/2010 75 FR 24549 NPRM Comment Period Extension 08/25/2010 75 FR 52300 NPRM Comment Period Extension Ends 09/08/2010
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Earl Bennett Department of Commerce National Oceanic and Atmospheric Administration SSMC 3, 1315 East-West Highway Silver Spring , MD 20910 Phone: 301 713-2390 E-Mail: earl.bennett@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY18

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Title: Consolidation of Tables and Figures Related to Regulations 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 were implemented by Amendment 89 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. This rule would place all of the descriptive information for certain habitat conservation and research areas in one place, i.e., combine the figure with the map of the area and the table with the exact coordinates of the same area. Under this action, Figure 16 would be combined with the coordinates provided in Table 42 for the Bering Sea Habitat Conservation Area. Figure 17 would be combined with Tables 43 and 45 for the Northern Bering Sea Research Area and St. Lawrence Island Habitat Conservation Area. Figure 21 would be 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 would be redesignated as Table 42. Tables 43, 44, and 45 would be removed. This action would make the figures and associated tables less cumbersome to use by combining them. This combination of data would place all of the descriptive information for certain habitat conservation and research areas in one place, i.e., combine the figure with the map of the area and the table with the exact coordinates of the same area.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: NoCFR 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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY21

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Title: Reduce Bycatch of Sea Turtles in the Bottom Longline Component of the Gulf of Mexico Reef Fish Fishery Abstract: This rule implements an area closure and associated gear restrictions applicable to the bottom longline component of the reef fish fishery in the exclusive economic zone (EEZ) of the Gulf of Mexico to reduce incidental take and mortality of sea turtles. Specifically, this rule prohibits the use of bottom longline gear for the harvest of reef fish shoreward of a line approximating the 35-fathom depth contour in the eastern Gulf of Mexico and limits bottom longline vessels operating in the reef fish fishery east of longitude 8530W to 1,000 hooks onboard, of which only 750 may be actively fished or rigged for fishing.

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; 16 USC 1361 et seq; 16 USC 1543, subpart B Legal Deadline: None

Timetable:
Action Date FR Cite Final Action Effective 10/16/2009
Final Action 10/21/2009 74 FR 53889 Extension of Emergency Rule 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Related RINs: Related to 0648-AX68; Related to 0648- AX66 Agency Contact: Roy E Crabtree Southeast Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY34

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Title: Amendment 94 for Bering Sea Modified Nonpelagic Trawl Gear Requirements, St. Matthew Island Habitat Conservation Area Revision, and Modified Gear Trawl Zone Abstract: This regulation implements Amendment 94 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The regulation would require gear modification for nonpelagic trawl vessels targeting flatfish in the Bering Sea subarea. The modified gear would have elevating devices on trawl sweeps to raise the sweeps off the seafloor and reduce the potential impact on bottom habitat. This action also would change the Southern boundary of the Northern Bering Sea Research Area to create the Modified Gear Trawl Zone where anyone fishing with nonpelagic trawl gear must use modified trawl sweeps. The regulation also would change the eastern boundary of the Saint Matthew Island Habitat Conservation Area to further protect blue king crab habitat.

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 3631 et seq; 16 USC 773 et seq; PL 108-447 Legal Deadline: None

Timetable:
Action Date FR Cite Notice of Availability 06/29/2010 75 FR 37371
NPRM 07/15/2010 75 FR 41123 Notice of Availability Comment Period End 08/30/2010 NPRM Comment Period End 08/30/2010
Final Rule 10/06/2010 75 FR 61642 Final Action Effective 01/20/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY38

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Title: Regulatory Amendment to Revise Charter Halibut Logbook Submission Requirements at 50 CFR part 300 Abstract: Clarifies and revises the charter halibut logbook submission requirements at 50 CFR part 300 to better match the submission schedule and reporting format of the Alaska Department of Fish and Game saltwater charter logbook.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 2431 et seq; 31 USC 9701 et seq Legal Deadline: None

Timetable:
Action Date FR CiteNPRM 04/27/2010 75 FR 22070 NPRM Comment Period End 05/12/2010
Final Rule 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY41

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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 Federal regulatory change would decrease the incidental catch allowance for weakfish in the EEZ in non-directed 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 Re-opened 06/16/2010 75 FR 34092 NPRM Comment Period End 06/30/2010
Final Action 12/00/2010

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-AY42View Related Documents

Title: Amendment 86 to the Fishery Management Plan for Gulf of Alaska Groundfish Abstract: This action would add a Pacific cod endorsement on licenses issued under the license limitation program in specific management areas if those licenses have been used on vessels that met minimum recent landing requirements using non-trawl gear, commonly known as fixed gear. This action would provide exemptions to the requirements to hold a Pacific cod endorsement for vessels that use jig gear, modify the maximum length designation on a specific set of fixed gear licenses, and would allow entities representing specific communities to receive a limited number of fixed gear licenses with Pacific cod endorsements for use on vessels designated by entities representing the communities. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan, 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 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Notice of Availability 07/02/2010 75 FR 38452
NPRM 07/23/2010 75 FR 43118 Notice of Availability Comment Period End 08/31/2010 NPRM Comment Period End 09/07/2010
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY49

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Title: ESA 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 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 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 NPRM Comment Period End 06/14/2010
Final Action 12/00/2010

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-AY62

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Title: Rulemaking To Designate 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 would designate critical habitat for the endangered black abalone. Once critical habitat is designated, Federal agencies would be 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 would 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: None

Timetable:
Action Date FR Cite
NPRM 09/28/2010 75 FR 59900 NPRM Comment Period End 11/29/2010
Final Action 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business; Governmental Jurisdictions; Organizations 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-AY64View 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 bottle 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, pre-mitigation take would average approximately 10 animals per year; approximately 50 animals over the five 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 non-injurious temporary threshold shift.

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 60695 NPRM Comment Period End 11/01/2010
Final Rule 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Kenneth R. Hollingshead Fishery Biologist Department of Commerce National Oceanic and Atmospheric Administration Office of Protected Resources 1315 East-West Highway Silver Spring , MD 20912 Phone: 301 713-2055 Extension: 128 E-Mail: ken.hollingshead@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY68

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Title: Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Amendments 20 and 21; Trawl Rationalization Program Abstract: The trawl rationalization program creates an individual fishing quota (IFQ) program for the shore-based trawl fleet; and cooperative (coop) programs for the at-sea trawl fleet in the Pacific Coast Groundfish Fishery. This rulemaking includes regulations to implement Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan (FMP). Amendment 20 creates the structure and management details of the trawl rationalization program, which would be a limited access privilege program (LAPP) under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), as reauthorized in 2007. Amendment 21, intersector allocation, allocates the groundfish stocks between trawl and non-trawl fisheries.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: NoCFR 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

Regulatory Plan: Statement of Need: The trawl rationalization program is intended to increase net economic benefits, create individual economic stability, provide full utilization of the trawl sector allocation, consider environmental impacts, and achieve individual accountability of catch and bycatch. This rule would establish the key components that would be necessary to implement the trawl rationalization program at the start of the 2011 fishery.

Legal Basis: Section 303A of the Magnuson-Stevens Act.

Alternatives: The Pacific Fishery Management Council (the Council) prepared two environmental impact statement (EIS) documents: Amendment 20—Rationalization of the Pacific Coast Groundfish Limited Entry Trawl Fishery, which would create the structure and management details of the trawl fishery rationalization program; and Amendment 21—Allocation of Harvest Opportunity Between Sectors of the Pacific Coast Groundfish Fishery, which would allocate the groundfish stocks between trawl and non-trawl fisheries. These EISs covered a range of alternatives. The Regulatory Impact Review and Initial Regulatory Flexibility Analysis (RIR/IRFA) for this rule focuses on the two key alternatives—the No-Action Alternative and the Preferred Alternative. By focusing on the two key alternatives (no action and preferred) in the RIR/IRFA, it encompasses parts of the other alternatives and informs the reader of these proposed regulations. Under the no action alternative, the current, primary management tool used to control the Pacific coast groundfish trawl catch includes a system of two month cumulative landing limits for most species and season closures for Pacific whiting. This management program would continue under the no action alternative. The analysis of the preferred alternative describes what is likely to occur as a result of the proposed action. Under the preferred alternative, the existing shore-based whiting and shore-based non-whiting sectors of the Pacific Coast groundfish limited entry trawl fishery would be managed as one sector under a system of IFQs, and the at-sea whiting sectors of the fishery would be managed under a system of sector-specific harvesting cooperatives (coops).

Costs and Benefits: The RIR/IRFA reviewed and summarized the benefits and costs, and the economic effects of the Council's recommendations. The major conclusions of the economic model suggest that (with landings held at 2004 levels), the current groundfish fleet (non-whiting component), which consisted of 117 vessels in 2004, will be reduced by roughly 50 percent to 66 percent, or 40 to 60 vessels under an IFQ program. The reduction in fleet size implies cost savings of $18 to $22 million for the year 2004 (most recent year of the data). Vessels that remain active will, on average, be more cost efficient and will benefit from economies of scale that are currently unexploited under controlled access regulations in the fishery. The cost savings estimates are significant, amounting to approximately half of the costs incurred currently, suggesting that IFQ management may be an attractive option for the Pacific Coast Groundfish Fishery. The increase in profits that commercial harvesters are expected to experience under the preferred alternative may render them better able to sustain the costs of complying with the new reporting and monitoring requirements. The costs of at-sea observers may reduce profits by about $2.2 million, depending on the fee structure. However, the profits earned by the non-whiting sector would still be substantially higher under the preferred alternative than under the no action alternative.

Risks: Under the no action alternative, cumulative landing limits for target species have to be set lower because the bycatch of overfished species cannot be directly controlled. Introducing accountability at the individual vessel level by means of IFQs provides a strong incentive for bycatch avoidance. There will likely be a lower motivation to "race for fish" due to coop harvest privileges. This is expected to result in improved product quality, slower-paced harvest activity, increased yield (which should increase ex-vessel prices), and enhanced flexibility and ability for business planning.
Timetable:
Action Date FR Cite Notice of Availability 05/12/2010 75 FR 26702 First Proposed Rule 06/10/2010 75 FR 32994 First Proposed Rule Correction 06/30/2010 75 FR 37744 First Proposed Rule Comment Period End 07/12/2010 Second Proposed Rule 08/31/2010 75 FR 53379 Second Proposed Rule Comment Period End 09/30/2010
First Final Rule 10/01/2010 75 FR 60868 Second Final Rule 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business; Organizations Federalism: No Energy Affected: No Related RINs: Related to 0648-AX98 Agency Contact: Barry Thom Regional Administrator, Northwest Region, NMFS Department of CommerceNational 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-AY69

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Title: List of Fisheries for 2011 Abstract: This action would publish the annual List of Fisheries (LOF), as required by section 118 of the Marine Mammal Protection Act (MMPA). The LOF for 2011 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 occurs 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 06/25/2010 75 FR 36318 NPRM Comment Period End 08/24/2010
Final Rule 12/00/2010 Final Action Effective 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Melissa Andersen 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-AY71

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Title: To Open a Portion of the Georges Bank Closed Area to the Harvest of Surfclams and Ocean Quahogs Abstract: NMFS proposes to open a portion of the Georges Bank (GB) Closure Area as specified at 50 CFR 648.73(a)(4), to the harvest of Atlantic surfclams and ocean quahogs, at the request of the U.S. Food and Drug Administration (FDA). The FDA has indicated that recent testing of clams from the GB Closed Area known as Cultivator Shoal has demonstrated that PSP toxin levels are well below the regulatory limit established for public health safety. As a result, the FDA has determined that harvesting of surfclams and ocean quahogs for human consumption from the area described below is once again safe. The FDA requests that NMFS open the Federal waters south of 41° 40' N. latitude, west of 67° 55' W. longitude, north of 41° 25' N. latitude, and east of 68° 25' W. longitude. The remaining portion of the GB Closure Area would remain closed.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final RuleMajor: 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 06/30/2010 75 FR 37745 NPRM Comment Period End 07/30/2010
Final Action 12/00/2010

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-AY75

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Title: Vessel Capacity Limits in the Purse Seine Fishery in the Eastern Pacific Ocean Abstract: NMFS is proposing regulations under authority of the Tuna Conventions Act of 1950 that would revise the vessel capacity limit in the purse seine fishery operating in the eastern Pacific Ocean (EPO) so it is consistent with the amount authorized by the Inter-American Tropical Tuna Commission (IATTC) under IATTC Resolution C-02-03. For the United States, a vessel capacity limit of 31,775 cubic meters, or 27,147 metric tons (mt) would be established per Resolution C-02-03. Currently, the U.S. fleet capacity limit is 8,969 mt, or 10,498 cubic meters. This revision would ensure that the United States is satisfying its obligations as a member of the IATTC and not exceeding its allotted capacity in the fishery, and the U.S. industry is not being unreasonably burdened if U.S. participation in the fishery in the EPO increased in the future. While an increase in U.S. participation in this fishery would not be anticipated since currently only two purse seine vessels are on the IATTC Vessel Register and when excess U.S. capacity has been available in the past there has not been a surge to use this capacity by outside vessels, there is a potential for an increase in fishing effort and resultant fishing mortality to target (i.e., yellowfin, skipjack, and bigeye tunas) and non-target species in the purse seine fishery operating in the EPO. In addition, there is also the potential for insignificant, positive socioeconomic impacts if the proposed action led to an increase in catch and revenue for fishermen participating in the fishery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 50 CFR 300.22 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 16 USC 971 et seq; 16 USC 951 to 961 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/03/2010 75 FR 54078 NPRM Comment Period End 10/04/2010
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwisebe of international interest. 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 Agency Contact: Heidi Hermsmeyer 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-AY86

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Title: Emergency Action To Revise the Fishing Year 2010 Pollock Catch Limits in the Northeast Multispecies Fishery Abstract: An emergency action is being initiated to revise the fishing year 2010 pollock catch limits in the Northeast Multispecies Fishery. Revision to the pollock catch limits for fishing year 2010 may be warranted based upon a new stock assessment for pollock that will be completed in June 2010. This action is being initiated based upon preliminary information, prior to completion of the pertinent stock assessment process (i.e., compilation of data, analysis, and peer review) in order to expedite the implementation of any changes to catch limits that may be warranted.

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 Emergency Rule 07/20/2010 75 FR 41996 Emergency Action, Extension 12/00/2010

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-AY89

View Related DocumentsTitle: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Reef Fish Fishery; 2010 Accountability Measures for Greater Amberjack Abstract: In accordance with the regulations regarding annual catch limits and accountability measures for greater amberjack in the Gulf of Mexico, the temporary rule would adjust recreational and commercial quotas for the 2010 season. In addition, the temporary rule would establish a closure date for the recreational fishery based on projections of when the adjusted recreational quota will be met. The commercial fishery is monitored by NOAA Fisheries on a bi-weekly basis and will be closed once the quota has been met. The intended effect of the temporary rule is to maintain the rebuilding plan targets for the overfished greater amberjack and meet the regulatory requirements established in Amendment 30A to the fishery management plan.

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 Temporary Rule Effective 06/22/2010 Temporary Rule 06/22/2010 75 FR 35335 Temporary Rule Extension 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No 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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY91

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Title: Implementation of Procedures To Request Licenses and a System To Allocate Licenses Under the South Pacific Tuna Treaty Abstract: Under authority of the South Pacific Tuna Act of 1988 (SPTA; 16 U.S.C. 973 to 973r), this rule would modify the procedures used to request licenses for U.S. vessels in the western and central Pacific Ocean purse seine fishery, which is managed under the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America (Treaty). The rule would also establish a system for allocating licenses in the event more applications are received than there are licenses available. The proposed rule would also modify the SPTA implementing regulations to require that the vessel monitoring system units carried on vessels licensed under the Treaty be type-approved by NMFS. The Treaty provides for the issuance of 45 licenses, five of which are reserved for joint venture arrangements with one or more of the 16 Pacific Island Parties to the Treaty. During the 22 years that the Treaty has been in effect, no joint venture licenses have been issued. Licenses are issued by the Pacific Islands Forum Fisheries Agency (FFA), which acts as the Treaty administrator on behalf of the Pacific Island Parties to the Treaty. License applications are first submitted to the NMFS Pacific Islands Regional Office and approved by the NMFS Pacific Islands Regional Administrator for forwarding to the FFA. The proposed allocation system and modifications to the license application procedures would pertain only to the application process up to the point of approval by the NMFS Pacific Islands Regional Administrator.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 973 Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 06/28/2010 75 FR 36619 NRPM Comment Period End 08/12/2010
Final Rule 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Related RINs: Related to 0648-AW41 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-AY92

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Title: Fisheries in the Western Pacific; Hawaii Bottomfish and Seamount Groundfish; Management Measures for Hancock Seamounts To Rebuild Overfished Armorhead Abstract: The National Marine Fisheries Service and Western Pacific Fishery Management Council are proposing to amend the Fishery Ecosystem Plan for the Hawaiian Archipelago. This proposed action would: (1) continue a moratorium indefinitely on fishing for armorhead (Pseudopentaceros wheeleri) until the stock is rebuilt, (2) establish a minimum rebuilding time of 35 years for the U.S. portion of the armorhead stock, and (3) classify the portion of the U.S. Exclusive Economic Zone surrounding the Hancock Seamounts as an ecosystem management area.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 Notice of Availaibility 08/19/2010 75 FR 51237
NPRM 08/30/2010 75 FR 52921 NPRM Comment Period End 10/14/2010
Final Rule 12/00/2010

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.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY98

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Title: Atlantic Highly Migratory Species; 2011 Commercial Fishing Season and Adaptive Management for the Atlantic Shark Fishery Abstract: This rule would adjust quotas and opening dates for the 2011 fishing season for large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks managed 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 under-harvests from the 2010 fishing season. In addition to setting annual quotas, adaptive management measures, such as delaying the fishing season, will be considered to ensure equitable fishing opportunities for commercial shark fishermen in all regions and areas.

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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/20/2010 75 FR 57240 NPRM Comment Period End 10/20/2010
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Margo Schulze-Haugen 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-BA06

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Title: Emergency Rule To Re-Open 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 re-open 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-July 23 open season did not meet the quota.

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 08/16/2010 75 FR 49883 NPRM Comment Period End 08/31/2010 Final Action-- Emergency Rule 09/24/2010 75 FR 58335 Final Action--Emergency Rule Extension 03/00/2011Regulatory 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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA08

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Title: Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 21; Correction Abstract: On June 28, 2010, NMFS published in the Federal Register the final rule to Framework Adjustment 21 (Framework 21) to the Atlantic Sea Scallop Fishery Management Plan (FMP), that implemented management measures for the 2010 scallop fishing year (FY). Following publication, NOAA's National Marine Fisheries Service (NMFS) identified that the regulations implemented through the Framework 21 contain a few inadvertent errors, omissions, and ambiguities that are inconsistent with the information stated in the preamble of the final rule. In addition, this rule inadvertently deleted regulations pertaining to limited access general category (LAGC) possession and landing limits, which were implemented through the final rule to Amendment 11 to the Scallop FMP that published in the Federal Register on April 24, 2008. This correcting amendment corrects these errors and reinstates the Amendment 11 prohibitory language regarding LAGC possession and landing limits.

Priority: Info./Admin./Other 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, Correcting Amendment 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-AY43 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-BA16

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Title: Request for Comment on Discard Provision for Herring Midwater Trawl Vessels Fishing in Groundfish Closed Area I Abstract: This action seeks additional public comment on a provision of the regulations implemented by a November 2,2009, final rule (74 FR 56562). The specific provision allows a midwater trawl vessel with an All Areas and/or Areas 2 and 3 Atlantic herring limited access permit fishing in Northeast multispecies Closed Area I to release fish that cannot be pumped from the net and, thus, remain in the net at the end of pumping operations, without those fish being sampled by a NMFS at-sea observer. Based on comments received, NMFS may keep the current provision unchanged, modify the provision, or remove theprovision entirely. This action is part of a Court approved joint motion to stay in the case of Taylor et al. v Locke (No. 09-CV02289-HHK).

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: Deadline set by judicial order.
Action Source Description Date

NPRM Judicial Proposed Rule deadline 09/01/2010 Other Judicial Final Rule Deadline 11/30/2010

Timetable:
Action Date FR Cite
NPRM 09/07/2010 75 FR 54292 NPRM Comment Period End 10/07/2010
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Related RINs: Related to 0648-AX93 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-BA19

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Title: Fisheries in the Western Pacific; Pelagic Fisheries; Hawaii-Based Shallow-Set Longline Fishery Abstract: This rule implements a U.S. District Court Order by revising the annual number of allowable incidental interactions that occur between the Hawaii-based pelagic shallow-set longline fishery and loggerhead sea turtles from 46 to 17.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final 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 Final Rule -- Correcting Amendment 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-AW49Agency 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-BA47

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Title: Emergency Rule To Delay the Effective Date of the Area Closure in Amendment 17A to the Fishery Management Plan for the Snapper Grouper Fishery of the South Atlantic Region Abstract: The purpose of this temporary rule to for an 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 Final Rule 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Roy Crabtree Regional Administrator, Southeast Region Department of Commerce National Oceanic and Atmospheric Administration 263 Thirteenth Avenue South St. Petersburg , FL 33701 Phone: 727 570-5305 FAX: 727 570-5583 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AH26

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Title: Provide Regulations for Permits for Capture, Transport, Import, and Export of Protected Species for Public Display, and for Maintaining a Captive Marine Mammal Inventory Abstract: This rule will revise and simplify criteria and procedures specific to permits for taking, transporting, importing, and exporting protected species for public display and provide 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: Long-term 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 Final Action 00/00/0000
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

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-AQ71

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Title: Taking and Importing Marine Mammals: Taking Marine Mammals Incidental To Conducting Oil and Gas Exploration Activities in the Gulf of Mexico Abstract: The National Marine Fisheries Service (NMFS) has received an application from the Bureau of Ocean Energy Management, Regulation and Enforcement (formerly the U.S. Minerals Management Service) for regulations under section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA) to authorize the taking of marine mammals incidental to conducting oil and gas exploration activities by U.S. citizens in the Gulf of Mexico. Without this authorization, the taking of marine mammals is prohibited by the MMPA. In order to authorize the taking and issuing of authorizations, NMFS must, through regulations, determine that the proposed activity will have no more than a negligible impact on the affected species and stocks of marine mammals.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term 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 1371(a)(5)(A) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

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.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AS65

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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: 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
NPRM 00/00/0000 Notice of Availability 06/04/2009 74 FR 26829 NOA Comment Period End 08/03/2009

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AU74

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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: Long-term 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 00/00/0000Regulatory 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-AV67

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Title: Reorganization and Update of Federal West Coast Groundfish Regulations Abstract: Several sections of the Federal groundfish regulations at 50 CFR 660 are outdated and should be updated through a notice-and-comment rulemaking. This rulemaking would correct outdated regulatory references, would update Federal permit regulations at 660.331-.341 to reflect the closure of the sablefish tier application period, and would consolidate those regulations so that they read more clearly. This rulemaking would also update participation rules for the tier sablefish fishery to reflect more recent changes in reporting technology. This rule is non-substantive and non-significant, but it is needed to update the regulations so that they are more user-friendly for the regulated public.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term 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 00/00/0000

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-AX64

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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 provisionsset 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: Long-term 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)-(ee) Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule 00/00/0000

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-AY87

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Title: Emergency Rule To Close a Portion of Federal Waters in the Gulf of Mexico in Response to the Deepwater Horizon Oil Spill Abstract: An oil spill occurred on April 23, 2010 in the Gulf of Mexico approximately 50 miles off of 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 clean-up 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: 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 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 AdministratorDepartment of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY90

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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 a (1) 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 Legal Deadline: None

Timetable:
Action Date FR Cite Next Action Undetermined Temporary Rule; Emergency Action 05/14/2010 75 FR 27217 Interim Final Rule; Emergency Action 08/18/2010 75 FR 50934

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AR99

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Title: Taking Marine Mammals Incidental to Navy Low-Frequency Sonar Operations Abstract: The National Marine Fisheries Service (NMFS) amends its regulations governing the taking of marine mammals incidental to operations of the U.S. Navy's SURTASS LFA sonar to implement provisions of the National Defense Authorization Act of 2004 (NDAA). The President signed into law the NDAA (PL 108-136) on November 24, 2003. Included in this law were amendments to the Marine Mammal Protection Act (MMPA) that apply where a "military readiness activity" is concerned. NMFS and the Navy have determined that the Navy's SURTASS LFA sonar testing and training operations that are the subject of NMFS' July 16, 2002 (67 FR 46712) final rule constitute a military readiness activity because those activities comprise "trainingand operations of the Armed Forces that relate to combat" and include "adequate and realistic testing of military equipment, vehicles, weapons and sensors for proper operation and suitability for combat use."

Priority: Other Significant 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 1371 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/29/2004 69 FR 38873 NPRM Comment Period End 07/29/2004
Withdrawn 05/03/2010

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-AT32

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Title: West Coast Highly Migratory Species, Correcting Amendment Abstract: This rule will make clarifications and corrections to the final rules published to implement the Fishery Management Plan for U.S. West Coast Highly Migratory Species.

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 08/17/2010

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.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AU05

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Title: Fisheries of the Northeastern United States; Recordkeeping and Reporting Requirements; Regulatory Amendment To Modify Seafood Dealer Reporting Requirements; Correction Abstract: The National Marine Fisheries Service (NMFS) published a document in the Federal Register on April 28, 2005, revising regulations for seafood dealer reporting requirements. That rule also contained a measure authorizing vessel operator permits issued by the NMFS Southeast (SE) Region under regulations governing the Fisheries of the Caribbean, Gulf, and South Atlantic to satisfy NMFS Northeast (NE) Region vessel operator permitting requirements. However, when amending the operator permit section of the regulations to reflect the reciprocal arrangement, NMFS inadvertently removed the summer flounder fishery from the list of fisheries requiring a NE operator permit. This document corrects the April 28, 2005, regulations by adding the summer flounder fishery to the list of fisheries requiring a NE operator permit.

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: 18 USC 1801 Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 08/17/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-AS87 Related Agencies: Common: NOAA 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-AV31

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Title: South Atlantic Fishery Ecosystem Plan Comprehensive Amendment Abstract: The purpose of this action is to develop an ecosystem-based approach to resource management. The South Atlantic Council plans to develop a Fishery Ecosystem Plan (FEP) Comprehensive Amendment, which would modify all its Fishery Management Plans (FMPs). The initial amendment would include the following: (1) various actions to comply with new essential fish habitat requirements; (2) establishment of deep water coral Habitat Areas of Particular Concern, with possible gear limitations, such as the establishment of allowable trawl areas; and (3) other actions necessary to implement ecosystem-based fishery management.

Priority: Other Significant 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: NoneTimetable:
Action Date FR Cite Withdrawn 08/05/2010

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV94

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Title: Rulemaking To Establish Take Prohibitions for the Threatened Southern Distinct Population Segment of North American Green Sturgeon Abstract: Under section 4(d) of the Federal Endangered Species Act (ESA), the Secretary of Commerce is required to adopt such regulations as he deems necessary and advisable for the conservation of species listed as threatened. This rule would apply the prohibitions under ESA section 9(a)(1)(A) through 9(a)(1)(G) for threatened Southern DPS green sturgeon, but would include certain exceptions and exemptions from the take prohibitions. Exceptions are included for certain scientific research, emergency fish rescue, law enforcement, and habitat restoration activities that meet the criteria specified in the protective regulations under Section 4(d) of the ESA for Southern DPS green sturgeon. Exemptions are included for state scientific research, fisheries activities, and tribal activities conducted under NMFS approved ESA 4(d) programs. Thus, take of Southern DPS fish may be authorized under ESA section 7 or 10, or under an exception or exemption to the take prohibitions if the activities are conducted in compliance with NMFS criteria or NMFS-approved plans.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action 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 to 1543 Legal Deadline:
Action Source Description Date

Other Statutory The Endangered Species Act provides a legal deadline of one year after publication of the propose rule to finalize the rule. 05/20/2010

Timetable:
Action Date FR Cite
NPRM 05/21/2009 74 FR 23822 NPRM Comment Period End 07/20/2009
Final Action 04/02/2010 75 FR 30714 Final Action Effective 07/02/2010

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: 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: 180FAX: 301 427-2523 E-Mail: marta.nammack@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW09

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Title: Implementation of Regional Fishery Management Organization Conservation Measures Pertaining to Illegal, Unregulated, and Unreported Fishing Vessel Lists Abstract: The National Marine Fisheries Service (NMFS) issues this rule to clarify obligations under Regional Fishery Management Organization conservation measures pertaining to lists of vessels having engaged in illegal, unreported, and unregulated (IUU) fishing activities. NMFS is seeking public comment on such measures that may result in the United States denying port access and services to, and prohibiting commercial transactions with, vessels placed on such lists.

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 2431 et seq; 16 USC 951 to 962; 16 USC 5601 et seq; 11 Stat 1122; 16 USC 1361 et seq; 16 USC 6901 to 6910; 16 USC 971 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/11/2010 75 FR 1324 NPRM Comment Period End 02/25/2010
Final Rule 09/27/2010 75 FR 59136 Final Rule Effective 10/27/2010

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-AW11

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Title: Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan Abstract: Amendment 17 is intended to: establish management reference points (MSY, OY) for red snapper; establish a rebuilding plan (rebuilding timeframe and rebuilding strategy) for red snapper; specify Annual Catch Limits (ACL), Annual Catch Targets (ACT), and Accountability Measures (AM) for 10 species undergoing overfishing; and modify management measures to ensure future catch is equal to or below the ACL.

Priority: Other Significant 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 Legal Deadline: NoneTimetable:
Action Date FR Cite Withdrawn 08/17/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Related RINs: Split From 0648-AY10; Split From 0648- AY11 Agency Contact: Roy E Crabtree Southeast Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW15

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Title: Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands Abstract: St. Croix queen conch landings by commercial fishermen alone have exceeded sustainable harvest levels since the 2000-2001 fishing season. In 2005-2006 the commercial harvest was over four times sustainable levels. Additionally, there is an unknown but significant recreational harvest. Overfishing of queen conch has led to resource collapse in other regions and in some cases, long-term resource loss. According to the NMFS Report on the Status of the U.S. Fisheries for 2006, queen conch is overfished and undergoing overfishing. Under current fishing practices, reductions in mortality are not expected to be sufficient in the queen conch fishery. Without a reduction in mortality, queen conch are not expected to achieve the rebuilding goals established in the Sustainable Fisheries Amendment of 2005. Therefore, a change in fishing practices is needed to help achieve the necessary reductions in queen conch fishing mortality.

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 Legal Deadline: None

Timetable:
Action Date FR Cite Notice of Intent 10/11/2007 72 FR 58057

Regulatory Flexibility Analysis Required: Business; Organizations Government Levels Affected: No

Federalism: No Energy Affected: No Related RINs: Related to 0648-AX82; Related to 0648- AY55 Agency Contact: Roy E Crabtree Southeast Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW18

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Title: Amendments to the Regulations on Administration and Operation of Fishery Management Councils Abstract: The action implements amendments to the Magnuson-Stevens Fishery Conservation and Management Act regarding administration and operations of the eight regional fishery management councils. The action also makes technical changes to the regulations to make them conform to the Magnuson-Stevens Act and other applicable law and regulations. The action addresses changes to Councils' statements of Organization, Practices, and Procedures; makeup and function for Scientific and Statistical Committees (SSC); and potential stipends and requirements for financial disclosures of SSC members. These regulatory changes affect the operation and administration of the Councils, but would have no discernible direct effect on fishing industry members.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action 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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/27/2009 74 FR 13386 NPRM Comment Period Extended 06/30/2009 74 FR 31224 NPRM Comment Period End 07/06/2009 NPRM Comment Period End 11/02/2009 Supplemental NPRM 12/07/2009 74 FR 64042 Supplemental NPRM Comment Period End 01/06/2010
Final Action 09/27/2010 75 FR 59143 Final Action Effective 10/27/2010

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-AW30

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Title: Amendment 3 to the Northeast Skate Complex Fishery Management Plan Abstract: NMFS proposes regulations to implement measures in Amendment 3 to the Northeast Skate Complex Fishery Management Plan (Skate FMP). Amendment 3 was developed by the New England Fishery Management Council (Council) to rebuild overfished skate stocks (thorny and smooth skates) and implement annual catch limits (ACLs) and accountability measures (AMs) consistent with the requirements of the reauthorized Magnuson-Stevens Fishery Conservation and Management Act. Amendment 3 would establish an ACL and annual catch target (ACT) for the skate complex, total allowable landings (TAL) for the skate wing and bait fisheries, seasonal quotas for the bait fishery, reduced possession limits, in-season possession limit triggers, and other measures to improve management of the skate fisheries. This rule also includes skate fishery specifications for fishing years (FY) 2010 through 2011.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed ActionMajor: 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 01/21/2010 75 FR 3434 NPRM Comment Period End 02/22/2010
Final Action 06/16/2010 75 FR 34049 Final Action Effective 06/16/2010

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-AW65

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Title: Atlantic Highly Migratory Species; Atlantic Shark Management Measures Abstract: This rule evaluates the management measures for small coastal sharks (SCS), based on the results of the 2007 SCS stock assessment. This rulemaking could consider, among other things, commercial quotas and trip limits, recreational minimum size and bag limits, time/area closures, and the public display quota. In addition, this rule implements a rebuilding plan for blacknose sharks. To the extent that blacknose sharks are caught in fisheries that are not targeted highly migratory species fisheries, the National Marine Fisheries Service (NMFS) will work with the appropriate Regional Fishery Management Council, Interstate Commission, and States to implement regulations through their processes to rebuild blacknose sharks. This action is necessary in light of recent stock assessments, which have determined that blacknose sharks are overfished with overfishing occurring. As needed, this rule may include others items to clarify existing regulations.

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 Legal Deadline: None

Timetable:
Action Date FR Cite Notice of Intent 05/07/2008 73 FR 25665 Notice of Scoping Meetings and Extension of Comment Period 07/02/2008 73 FR 37932 Notice of Intent Comment Period End 08/05/2008 Notice of Intent Comment Period Extended--Second Extension 10/29/2008 73 FR 64307 Notice of Intent Comment Period Extension End 10/31/2008 Second Extension Comment Period End 11/14/2008
NPRM 07/24/2009 74 FR 36892 NPRM Comment Period Extended 08/10/2009 74 FR 39914 NPRM Comment Period Extended End 09/25/2009 NPRM Comment Period End 09/22/2009
Final Action 06/01/2010 75 FR 30483Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: Margo Schulze-Haugen 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-AW72

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Title: Amendment 16 to the Northeast Multispecies Fishery Management Plan Abstract: This action implements management measures to continue rebuilding overfished stocks, revise biological reference points, and develop annual catch limits and accountability measures. This action also adopts new sectors as an alternative effort control to days-at-sea restrictions.

Priority: Other Significant 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 Availability 10/23/2009 74 FR 54773 NOA Comment Period End 12/22/2009 Proposed Rule 12/31/2009 74 FR 69382 Proposed Rule CPE 01/20/2010
Final Action 04/09/2010 75 FR 18262 Final Action Effective 05/01/2010

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-AX35

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Title: Notification of U.S. Fish Quotas and an Effort Allocation in the Northwest Atlantic Fisheries Organization Regulatory Area Abstract: NMFS announces that fish quotas and an effort allocation are available for harvest by U.S. fishermen in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make available to U.S. fishermen a fishing privilege on an equitable basis.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 50 CFR 219 (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 Notification of Quota 11/03/2008 73 FR 65296

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: Dr. Rebecca Lent Regional Administrator, Southwest Region, NMFS Department of Commerce National Oceanic and Atmospheric Administration 501 West Ocean Boulevard Long Beach , CA 90802-4213 Phone: 562 980-4001 FAX: 301 713-9106 E-Mail: rebecca.lent@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX67

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Title: Amendment 31 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico Abstract: In September 2008, NOAA's National Marine Fisheries Service (NMFS) released a report based on observer data that indicated the total number of loggerhead sea turtle takes by the eastern Gulf of Mexico reef fish bottom longline fishery was much greater than that authorized in the most recent biological opinion. In response, the Gulf of Mexico Fishery Management Council (Council) requested NMFS take emergency action to reduce the number of takes by the fishery during the short term while the Council develops long-term measures in Amendment 31. Measures being considered include: (1) modifying baits; (2) area, season, and depth restrictions; (3) reducing effort through a longline endorsement program; and (4) using observers or electronic monitoring to close the fishery once a sea turtle take threshold has been met.

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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/15/2010 75 FR 2469 NPRM Comment Period End 03/01/2010
Final Action 04/26/2010 75 FR 21512 Final Rule -- Correction Notice 05/24/2010 75 FR 28760

Regulatory Flexibility Analysis Required: Business; Organizations Government Levels Affected: No

Federalism: No Energy Affected: No Agency Contact: Roy E Crabtree Southeast Regional Administrator Department of CommerceNational Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX75

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Title: Snapper-Grouper Fishery Management Plan of the South Atlantic Abstract: This action would implement an interim measure to prohibit the harvest of red snapper for 180 days to address overfishing of red snapper, through interim measures.

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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/06/2009 74 FR 31906 NPRM Comment Period End 08/05/2009
Final Action 12/04/2009 74 FR 63673 Final Action Effective 01/04/2010 Extension of Final Action 05/18/2010 75 FR 27658

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX76

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Title: Fisheries in the Western Pacific; Community Development Abstract: NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the fishery ecosystem plans (FEPs) for American Samoa, Hawaii, Marianas, and western Pacific Pelagics. If approved by the Secretary of Commerce (Secretary), the amendments would establish requirements and procedures for reviewing and approving community development plans for access to western Pacific fisheries. The intent of the amendments is to promote the participation of island communities in fisheries that they have traditionally depended upon, but may not have the capabilities to support continued and substantial participation in, possibly due to economic, regulatory, or other constraints.

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: NoneTimetable:
Action Date FR Cite Notice of Availability 05/21/2010 75 FR 28540
NPRM 06/16/2010 75 FR 34088 NPRM Comment Period End 07/20/2010
Final Rule 09/03/2010 75 FR 54044 Final Rule Effective 10/04/2010

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-AX80

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Title: Antarctic Marine Living Resources; Use of Centralized VMS and Importation of Toothfish; Re-export of Toothfish; Applications for Krill Fishing; Regulatory Framework for Annual Conservation Measures Abstract: This rule facilitates conservation and management of Antarctic Marine Living Resources (AMLR). It further details current U.S. requirements to only allow importation and/or re-exportation of toothfish or toothfish product with proof that the harvesting vessel participated in Centralized Vessel Monitoring System port-to-port; revises the NMFS catch-documentation requirements for re-exporting toothfish; requires applicants for an AMLR harvesting permit for krill to apply to NMFS no later than June 1 preceding the harvesting season for krill; and rescinds the existing regulatory framework for annual management measures. The intent of the rule is to clarify requirements for importing and re-exporting toothfish, to facilitate enforcement, to fulfill U.S. obligations in CCAMLR, and to simplify the process for informing the public of annual conservation measures.

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 2431 to 2444 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/27/2009 74 FR 62278 NPRM Comment Period End 12/28/2009
Final Action 04/09/2010 75 FR 18110 Final Action Effective 05/10/2010

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: Alan Risenhoover Director, Office of Sustainable Fisheries Department of Commerce National Oceanic and Atmospheric Administration Room 13362, 1315 East-West HighwaySilver 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-AX82

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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 Caribbean Fishery Management Council (Council) and NMFS intend to prepare a Draft Environmental Impact Statement (DEIS) to describe and analyze management alternatives to be included in an amendment to the Fishery Management Plan (FMP) for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and the FMP for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands. These alternatives will consider measures to implement annual catch limits (ACLs), accountability measures (AMs), permits, and recordkeeping and reporting requirements. The purpose of this notice of intent is to solicit public comments on the scope of issues to be addressed in the DEIS.

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:
Action Source Description Date

NPRM Statutory 01/00/2010

Timetable:
Action Date FR Cite Notice of Intent to Begin Scoping 04/17/2009 74 FR 17818

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-AW15; Related to 0648- AY55 Agency Contact: Roy E Crabtree Southeast Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX89

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Title: Salmon Bycatch Reduction Management Measures for the Fishery Management Plan 91 in the Bering Sea Aleutian Islands Abstract: This fishery management plan amendment and rulemaking will implement the North Pacific Fishery Management Council's recommendations for management measures to minimize to the extent practicable Chinook salmon bycatch in the Bering Sea pollock fishery. These management measures provide two options for the pollock sectors (e.g., inshore catcher vessels, offshore catcher-processors, catcher vessels delivering to motherships, or CDQ entities): fish under a lower Chinook salmon cap or participate in an incentive program and fish under a higher cap. Under the first option, the fleet as a whole may choose to fish under a transferable cap of 47,591 Chinook salmon, which would be allocated by season and sector. Once each sector reaches its specific cap, it would be prohibited from continuing to fish for pollock for the remainder of the season.Alternatively, vessels or CDQ entities may choose to participate in private contracts called incentive plan agreements (IPA) which would describe how participants would maintain low bycatch even when their bycatch levels are well below the hard cap approved. Those vessels or CDQ entities participating in an IPA would be allocated a transferable share of up to 60,000 Chinook salmon. This cap would be reduced for any vessels or CDQ entities not participating in an IPA and those vessels and CDQ entities would fish under a lower, non-transferable cap. In addition to the annual cap levels, if any sector operating under an IPA exceeds its proportion of 47,591 Chinook salmon three times in any seven-year period, the sector's maximum bycatch limit will be permanently reduced to its proportional share of the 47,591 cap. If the FMP amendments and proposed rule are approved, fishing under the new Chinook salmon bycatch management measures would start in 2011.

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 Notice of Availability 02/18/2010 75 FR 7228
NPRM 03/23/2010 75 FR 14016 Notice of Availability Comment Period End 04/19/2010 NPRM Comment Period End 05/07/2010
Final Rule 08/30/2010 75 FR 53025 Correction 09/24/2010 75 FR 58337 Final Rule Effective 09/29/2010

Additional Information: Jason Anderson; (907) 586-7650. Jason.Anderson@noaa.gov

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal Federalism: No Energy Affected: No Related RINs: Related to 0648-AU03 Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY04

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Title: 2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures Abstract: This action implements the 2010 recreational management measures (minimum fish size, fishing seasons, and possession limits) for the summer flounder, scup, and black sea bass fisheries.

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 04/27/2010 75 FR 22087 NPRM Comment Period End 05/27/2010Final Rule 07/08/2010 75 FR 39170 Final Action Effective 08/09/2010

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-AY14

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Title: 2010 to 2012 Atlantic Herring Fishery Specifications and Management Measures Abstract: NMFS takes this action to implement specifications for the 2010-2012 fishing years for Atlantic herring. Regulations governing this fishery require NMFS to publish proposed specifications for the upcoming fishing years and to provide an opportunity for public comment. The intent of this action is to fulfill this requirement and to promote the development and conservation of the Atlantic herring resource.

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 04/20/2010 75 FR 20550 NPRM Comment Period End 05/20/2010
Final Action 08/12/2010 75 FR 48874

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-AY20

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Title: Gulf of the Farallones, Monterey Bay, and Cordell Bank National Marine Sanctuaries Technical Corrections Abstract: In the November 20, 2008, Federal Register notice (73 FR 70488) implementing the final rules for the Gulf of theFarallones, Monterey Bay (GFNMS) and Cordell Bank national marine sanctuaries (referred to jointly as the joint management plan review or JMPR), NOAA published the coordinates for the outer boundary of GFNMS and certain zones within the outer boundary. Some sets of coordinates contained technical omissions that need to be corrected for them to be properly mapped. The final rule also included a provision to prohibit vessels from anchoring in designated seagrass protection zones in Tomales Bay (with an exception for mariculture operations conducted pursuant to a valid lease, permit, or license). In publishing the boundary coordinates for two of the seven seagrass protection zones, NOAA omitted points that made accurate mapping difficult. As such, NOAA is republishing the coordinate tables for zones 2 and 4 to allow accurate GPS plotting of zones 2 and 4. Lastly, NOAA is explicitly excepting vessel generator exhaust for cruise ships in all three sanctuaries.

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 1439 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule--Technical Corrections 09/01/2010 75 FR 53567

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-AY28

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Title: Remove Certain Reporting Requirements Under the Crab Rationalization Program Abstract: This rule would remove requirements under the Crab Rationalization (CR) Program in 50 CFR part 680. The requirements are removed for an operator of a catcher/processor to weigh processed crab when it is removed from the vessel and to report that weight to NMFS on an offload report. Currently, NMFS requires crab to be weighed onboard the catcher/processor before they are processed, and this weight is reported to NMFS. In the three years since implementation of the CR Program, NMFS has determined that the additional requirements to weigh processed crab when they are removed from the vessel and report that weight to NMFS are no longer necessary. Advancements in at sea reporting (eLandings), and the reliability of the at-sea motion-compensated hopper scales provide adequate information for NMFS to monitor and enforce proper reporting of crab catch.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 50 CFR 679.61; 50 CFR 680 (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 08/10/2010 75 FR 48298 NPRM Comment Period End 08/25/2010
Final Rule 09/16/2010 75 FR 56485Additional Information: The original RIN submission for a final rule AY28 is being split into two proposed rules. This rule originally removed the requirement for American Fisheries Act (AFA) cooperatives participating in the directed pollock fishery in the Bering Sea to prepare and submit a preliminary annual report. This part of the rule is withdrawn, awaiting further Council action. A new RIN be will obtained for that new action. The original final rule also removed the Crab Rationalization Program requirements for catcher/processors to weigh all offloaded crab on a state-approved scale that produced a printed record and to report this information at the time of offload to NMFS on a catcher/processor offload report. This part of the rule will proceed as a proposed rule and will continue review with GCAK using the AY28 RIN number.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY29

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Title: Framework Adjustment 44 and Specifications for the Northeast Multispecies Fishery Management Plan Abstract: Framework Adjustment 44 and Specifications will modify management measures for the Northeast (NE) Multispecies Fishery Management Plan (FMP) to make the FMP more precautionary, and implement Annual Catch Limit (ACL) specifications for the fishery for fishing years 2010, 2011, and 2012.

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:
Action Source Description Date

Other Statutory 05/10/2010

Timetable:
Action Date FR Cite
NPRM 02/01/2010 75 FR 5016 NPRM Comment Period End 03/01/2010
Final Rule 04/09/2010 75 FR 18356 Final Rule Effective 05/01/2010 Temporary Rule Effective 05/26/2010 Temporary Rule 05/26/2010 75 FR 29459 Temporary Rule - Adjustments Effective 09/07/2010 Temporary Rule-Adjustments to Specifications 09/10/2010 75 FR 55286

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: 978 281-9200FAX: 978 281-9117 E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY32

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Title: Comprehensive Ecosystem Based Amendment 1 Abstract: This Comprehensive Ecosystem-Based Amendment 1 (CE-BA 1) consists of regulatory actions that focus on deepwater coral ecosystem conservation and non-regulatory actions that update existing essential fish habitat (EFH) information. Management actions proposed in the CE-BA 1 include the establishment of deepwater Coral HAPCs (CHAPCs) to protect what is currently thought to be the largest contiguous distribution (>23,000 square miles) of pristine deepwater coral ecosystems in the world. Actions in the amendment would prohibit the use of bottom damaging fishing gear and allow for the creation of allowable fishing zones within the CHAPCs in the historical fishing grounds of the golden crab and deepwater shrimp fisheries. The CE-BA 1 would also provide spatial information on designated EFH in the SAFMC Habitat Plan (SAFMC 1998a).

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 Legal Deadline: None

Timetable:
Action Date FR Cite Notice of Availability 03/04/2010 75 FR 9864
NPRM 03/26/2010 75 FR 14548 Notice of Availability Comment Period End 05/03/2010 NPRM Comment Period End 05/10/2010
Final Action 06/22/2010 75 FR 35330 Final Rule Correction Notice 07/12/2010 75 FR 39638 Final Rule Correction Notice Effective 07/22/2010 Final Action Effective 07/22/2010

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY37

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Title: Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Correction Abstract: This action corrects column headings of a regulatory table; provides replacements for outdated text; reinstates a paragraph which describes the Chiniak Gully Research Area; corrects footnotes and other errors for two tables; and corrects two maps. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act and other applicable law.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed ActionMajor: 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 First Correcting Amendment 11/30/2009 74 FR 62506 Second Correcting Amendment 04/20/2010 75 FR 20526 Third Correcting Amendment 05/03/2010 75 FR 23189

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-AT91; Merge with 0648- AQ07; Merge with 0648-AR30 Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY43

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Title: Framework 21 to the Atlantic Sea Scallop Fishery Management Plan Abstract: Framework Adjustment 21 to the Atlantic Sea Scallop Fishery Management Plan (Framework 21) will set specifications for the 2010 scallop fishing year, which begins March 1, 2010, including adjustments to the total allowable catch, days-at-sea (DAS) allocations, scallop access area rotation schedule, and access area trip allocations. This framework is for a single year because the Council is working on Amendment 15, which will establish a process for implementing annual catch limits that are required to be in place in 2011 for the scallop fishery. Framework 21 must also comply with the requirements of the March 14, 2008, (amended February 5, 2009), Biological Opinion completed for the Atlantic Sea Scallop fishery, which requires the amount of allocated scallop fishing effort by limited access DAS scallop vessels that can be used in the Mid-Atlantic to be limited during the time of year when sea turtle distribution overlaps with scallop fishing activity. In addition, Framework 21 considers minor adjustments to the limited access general category individual fishing quota program, scheduled to be implemented March 1, 2010, and the observer set-aside program.

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 04/27/2010 75 FR 22073 NPRM Comment Period End 05/12/2010 Final Action Effective 06/28/2010
Final Rule 06/28/2010 75 FR 36559

Regulatory Flexibility Analysis Required: Business; Organizations Government Levels Affected: No

Small Entities Affected: Business; Organizations Federalism: No Energy Affected: NoAgency 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-AY45

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Title: To Implement the Regulatory Amendment to the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands Abstract: At the June 2009 Council meeting, the Caribbean Fishery Management Council (Council) decided to amend the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the 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 Caribbean 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 St. Croix, U.S.V.I. territorial waters, Queen Conch is managed under a 50,000 pound quota. The purpose of the interim rule is to implement temporary compatible regulations with the U.S.V.I. territorial regulations. A regulatory amendment is currently being developed to establish permanent compatible regulations with the U.S.V.I. However, due to timing issues, the Council intends to establish interim measures until permanent measures can be in place.

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 Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 08/17/2010

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY48

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Title: Amendments 95/96/87 for the BSAI and GOA Groundfish FMPs for BSAI Skates and Groundfish Annual Catch Limits and Accountability Measures Abstract: Amendments 96/87 to the fishery management plans (FMPs) for groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI) and Gulf of Alaska would revise the FMPs to conform with the national standard 1 guidelines for annual catch limits and accountability measures. Revisions to the FMPs also include housekeeping measures that provide further explanation in the FMPs of current practices for setting annual catch limits and accountability measures. These FMPamendments would remove species groups (sharks, sculpins, octopus in the BSAI and sharks, sculpins, octopus, and squid in the Gulf of Alaska) from the other species complex and manage these groups separately in the target species category. The regulatory amendment would revise the regulations to be consistent with the changes made to the FMPs regarding harvest specifications for groups removed from the other species category. Amendment 95 to the FMP for Groundfish of the BSAI would move skates from the other species category into the target species category.

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 773 et seq; PL 108-447; PL 106-31; PL 106-554; PL 109-479; PL 105-277; 16 USC 1801; 16 USC 1540 Legal Deadline: None

Timetable:
Action Date FR Cite NOA 05/03/2010 Notice of Availability 07/02/2010 75 FR 38454 NOA Comment Period End 07/06/2010 Proprosed Rule 07/16/2010 75 FR 41424 Notice of Availability Comment Period End 08/31/2010 Proposed Rule Comment Period End 08/30/2010
Final Rule 10/06/2010 75 FR 61639 Final Rule Effective 11/05/2010

Additional Information: The action was originally submitted as BSAI FMP 95 in December 2009.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY50

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Title: 2010 Specifications and Management Measures for the Spiny Dogfish Fishery Management Plan Abstract: The Mid-Atlantic Fishery Management Council (MAFMC) and the New England Fishery Management Council (NEFMC) jointly manage the spiny dogfish fishery on the Atlantic coast through the Spiny Dogfish Fishery Management Plan (FMP), with the MAFMC having the lead. The FMP requires the Councils to recommend specifications for the spiny dogfish fishery consistent with the rebuilding program in the FMP. This fishery is managed through an annual quota and possession limits. The quota is divided semi-annually, with quota period 1 (May 1 through October 31) being allocated 57.9 percent of the quota, and quota period 2 (November 1 through April 30) being allocated 42.1 percent. For the 2010 fishing year, the MAFMC and NEFMC have adopted separate recommendations (ranging from a status quo of 12 million pounds to 29 million pounds) to provide a sufficient range of alternatives for the purposes of allowing NOAA's National Marine Fisheries Service to implement measures that are responsive to the best available data at the time of final rulemaking (the next assessment is scheduled to occur late January 2010, with preliminary results likely available at the end of February 2010). Both Councils adopted the status quo possession limit of 3,000 lb per trip.

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 04/02/2010 75 FR 16716 NPRM Comment Period End 05/02/2010
Final Action 06/24/2010 75 FR 36012

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-AY51

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Title: Fishing Year 2010 Atlantic Deep-Sea Red Crab Specifications Abstract: NMFS takes this action to establish the target total allowable catch and days-at-sea allocation for FY 2010 for the red crab fishery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 50 CFR 648.260 (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 02/19/2010 75 FR 7435 NPRM Comment Period End 03/22/2010
Final Action 05/14/2010 75 FR 27219 Final Action Effective 06/14/2010

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-AY52

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Title: Temporary Rule for Emergency Action To Suspend Regional Delivery Requirements for the Western Aleutian Islands Golden King Crab Fishery Abstract: The Western Aleutian Islands golden king crab fishery is managed under the Crab Rationalization Program (Program). Existing regulations require that golden king crab harvested with 50 percent of the catcher vessel Class A Individual Fishing Quota (IFQ) issued for this fishery be delivered to a processor located in the West region, which is west of 174 W. longitude. The purpose of this requirement was to support processing facilities in the remote West region. Despite this requirement, processing capacity in the West region has been an issue under this Program. The only shore-based processor in this region is located in the community of Adak and, due to Program restrictions and related issues, it has not been able to process all of the crab required to be delivered in the West region. As a result, harvesters have not been able to harvest all of the available IFQ. In April, the Adak plant closed and in August the plant's owners filed for Chapter 11 bankruptcy. Complicated bankruptcy proceedings effectively ensure that the Adak plant cannot open in the near-term. Without a processing facility, the fishery is disrupted because harvesters have no place to deliver crab in the West region, therefore, they cannot harvest a large portion of their IFQ. The Council determined that this would result in substantial economic harm to fishery participants unable to fully prosecute the fishery. For the reasons above, NMFS takes this action to implement a temporary rule to allow the harvest of the IFQ prior to the closure of the fishery on May 15, 2010.

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 Legal Deadline: None

Timetable:
Action Date FR Cite Emergency Temporary Rule 02/18/2010 75 FR 7205 Extending Emergency Temporary Rule 08/17/2010 75 FR 50716

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY57

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Title: Regulatory Amendment to the Gulf of Mexico Reef Fish Fishery Management Plan To Set 2010 Management Measures for Red Snapper Abstract: The 2009 update stock assessment of the Gulf of Mexico red snapper stock indicated that although the stock is still overfished, the stock is rebuilding and overfishing was projected to end in 2009. Based on their review of the assessment update, the Gulf Council's Scientific and Statistical Committee recommended total allowable catch (TAC) could be increased. The purpose of this regulatory amendment is to adjust TAC and the resulting recreational and commercial quotas consistent with the goals and objectives of the Council's red snapper rebuilding plan and achieve the mandates of the Magnuson-Stevens Fishery Conservation and Management Act.

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 03/30/2010 75 FR 15665 NPRM Comment Period End 04/14/2010
Final Action 05/03/2010 75 FR 23186 Final Action Effective 06/02/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State Federalism: No Energy Affected: No Agency Contact: Roy E Crabtree Southeast Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration 263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY58

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Title: Framework Action to Provisionally Recertify Certified Bycatch Reduction Devices for the Gulf of Mexico and South Atlantic Shrimp Fisheries Abstract: NOAA Fisheries Service proposes to provisionally re-certify two bycatch reduction devices (BRDs) in the southeastern shrimp fishery. On February 13, 2008 (73 FR 8219), NOAA Fisheries Service provisionally certified the Extended Funnel BRD for use in the Gulf of Mexico, and the Composite Panel BRD for use in both the Gulf of Mexico and the South Atlantic. By regulation, the current provisional certification of both BRDs automatically expires on February 16, 2010. However, no new information exists that would indicate if the BRDs have been improved, or that they do not continue to meet the provisional certification requirement. Collection of new data and sufficient industry-level evaluation of these BRDs was hindered, because of delays in getting compatible regulations allowing their use in state waters off Texas and Florida. Thus, fishermen in these states have not had the opportunity to use these new BRDs or to make improvements to them. The proposed rule would provide provisional re-certification of these two BRDs for two additional years from the date of publication of the final rule in the Federal Register.

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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/20/2010 75 FR 20548 NPRM Comment Period End 05/05/2010
Final Action 05/24/2010 75 FR 28760 Final Action Effective 06/23/2010

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 Administration263 13th Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY59

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Title: Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Interim 2010 Tribal Whiting Regulations Abstract: NMFS takes this action to establish an interim 2010 tribal whiting allocation, reporting and closure regulations, and refine existing regulations on tribal whiting reapportionment. This action also sets the 2010 Pacific whiting acceptable biological catch and optimum yield specifications for 2010 based on the most recent Pacific whiting stock assessment from March 2010.

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 03/12/2010 75 FR 11829 NPRM Comment Period End 04/02/2010 Interim Final Rule for 2010 Tribal Whiting 05/04/2010 75 FR 23620 Interim Final Rule Effective 05/19/2010

Additional Information: 0648-AY59 is an Interim rule that establishes the 2010 Tribal Pacific whiting allocations. It is being merged with another Pacific whiting final rulemaking (at the final rule stage) with the RIN 0648-AY78. Based on a conversation with NMFS Edits, both RINs will be listed in this subject final rule.

Regulatory Flexibility Analysis Required: Business; 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-AY60

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Title: Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures Abstract: This rule implements the 2010 ocean salmon management measures.

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 1854Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 05/05/2010 75 FR 24482 Final Action Effective 05/20/2010

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal 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-AY66

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Title: Regulations To Amend the Civil Procedures Abstract: This rule amends the procedures governing NOAA's administrative proceedings for the assessment of civil penalties, suspension, revocation, modification, or denial of permits,issuance and use of written warnings, and release of forfeiture of seized property.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 904 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 330 to 330(e); 15 USC 5601 et seq; 16 USC 1151 to 1175; 16 USC 1361 to 1407; 16 USC 1385 et seq; 16 USC 1431 to 1439; 16 USC 1531 to 1543; 16 USC 1822; 16 USC 1822, sec 4006; 16 USC 1822, sec 801(f); 16 USC 1851; 16 USC 2401 to 2413; 16 USC 2431 to 2444; 16 USC 2465(a); 16 USC 3371 to 3378; 16 USC 3601 to 3608; 16 USC 3631 to 3644; 16 USC 4017; 16 USC 5001 to 5012; 16 USC 5103(b); 16 USC 5506(a); 16 USC 5601 to 5612; 16 USC 773 to 773k; 16 USC 781 et esq; 16 USC 916 to 916l; 16 USC 951 to 961; 16 USC 971 to 971k; 16 USC 972 to 972h; 16 USC 973 to 973(R); 16 USC 1801; 22 USC 1980(g); 30 USC 1401 et seq; 42 USC 9101 et seq; PL 105-277 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/18/2010 75 FR 13050 NPRM Comment Period End 04/16/2010 Final Action Effective 06/23/2010
Final Action 06/23/2010 75 FR 35631

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Frank Sprtel Department of Commerce National Oceanic and Atmospheric Administration 8484 Georgia Avenue Silver Spring , MD 20910 Phone: 301 427-2202 E-Mail: frank.sprtel@noaa.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY67

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Title: Establish Control Dates for the Gulf of Mexico King and Spanish Mackerel Fisheries Abstract: This notice informs participants in the Gulf migratory group king and Spanish mackerel components of the fishery of the Council's intention to consider further limiting access within the commercial sector of this fishery. Specifically, the Council may consider creating additional restrictions limiting participation, including a catch share program. To discourage accelerated effort to develop a catch history before the program is implemented, it is the intent of the Council to establish eligibility criteria based on catch histories from the most recent full fishing season. For king mackerel the date is June 30, 2009, and for Spanish mackerel the date is March 31, 2010. Thus landings of the respective species after these dates may not count toward eligibility under future management programs.

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 Legal Deadline: None

Timetable:
Action Date FR Cite Control Date - No Further Action Necessary 03/15/2010 75 FR 12169 Control Date - Comment Period End 04/14/2010

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 Ave South Saint Petersburg , FL 33701 Phone: 727 824-5305 E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY77

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Title: 2010 Atlantic Bluefin Tuna Quota Specifications Abstract: This action would establish Atlantic bluefin tuna (BFT) quota specifications by adjusting the U.S. annual BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas in 2008, and allocating that quota among the domestic fishing categories for the 2010 fishing year (January 1-December 31, 2010). This action would be consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Tunas Convention Act. The annual specification process is set forth in current regulations implemented under the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan. This action is not expected to be controversial.

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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/02/2009 74 FR 63095 NPRM Comment Period End 01/04/2010Final Action 06/02/2010 75 FR 30732 Final Rule Correction 06/15/2010 75 FR 33731 Final Action Effective 07/02/2010

Regulatory Flexibility Analysis Required: Business; Organizations 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-AY78

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Title: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; 2010 Pacific Whiting Harvest Specifications and Management Measures Abstract: On March 6, 2009, NMFS published a final rule to implement the 2009-2010 West Coast groundfish harvest specifications and management measures (74 FR 9874). This action takes management action to specify 2010 Pacific whiting harvest specifications and modify 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 Effective 04/29/2010 Final Rule-Specifications 05/04/2010 75 FR 23620 Comment Period End 05/19/2010

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-AY79

View Related DocumentsTitle: Modify the Fishing Capacity Reduction Framework Regulation Abstract: The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) requires several modifications to the existing fishing capacity reduction framework regulations. The proposed action would modify the framework rule to allow a majority of permit holders in the fishery to request a fishing capacity reduction program, in addition to the previously allowed mechanisms. It also adds a payment condition provision that prohibits the Secretary from making a payment for a program to a vessel that will not be scrapped unless the Secretary certifies that the vessel will not be used for fishing in Federal or State waters, or in the waters of a foreign nation or fishing on the high seas. The final modification changes the industry fee system referendum approval threshold to at least a majority of the permit holders in the fishery who participated in the fishery.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action 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 06/14/2010 75 FR 33570 NPRM Comment Period End 07/29/2010
Final Rule 10/08/2010 75 FR 62326 Final Rule Effective 11/08/2010

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 E-Mail: gary.reisner@noaa.gov Agency Contact: Michael Sturtevant Fishing Capacity Reduction Program Leader Department of Commerce National Oceanic and Atmospheric Administration Rm. 13102 1315 East-West Highway Silver Spring , MD 20910 Phone: 301 713-2390 FAX: 301 713-1306 E-Mail: michael.a.sturtevant@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY82

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Title: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments Abstract: On March 6, 2009, NMFS published a final rule to implement the 2009-2010 West Coast groundfish harvest specifications and management measures (74 FR 9874). 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 Rule -- Inseason Effective 05/01/2010
Final Rule -- Inseason 05/04/2010 75 FR 23615

Regulatory Flexibility Analysis Required: Business 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-AY85

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Title: Regulatory Amendment To Revise Angler Endorsements for Charter Halibut Permits Abstract: NMFS proposes regulations that would amend the limited access system for charter vessels in the guided sport fishery for Pacific halibut in waters of International Pacific Halibut Commission (IPHC) Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). If approved, this regulatory amendment would revise the method for assigning angler endorsements to charter halibut permits. This action is necessary to achieve the halibut fishery management goals of the North Pacific Fishery Management Council. The intended effect is to more closely align angler endorsements with the actual greatest number of anglers for each vessel that gave rise to each charter halibut permit.

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 to 773(k) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/06/2010 75 FR 38758 NPRM Comment Period End 08/05/2010
Final Rule 09/17/2010 75 FR 56903 Final Rule Effective 10/18/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James Balisger Regional Administrator Department of Commerce National Oceanic and Atmospheric Administration P.O. Box 21668 Juneau , AK 99802 Phone: 907 586-7221 FAX: 907 586-7249 E-Mail: james.balsiger@noaa.govDepartment of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY88

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Title: Inseason Adjustment to the FY 2010 Atlantic Deep Sea Red Crab Specifications Abstract: This action is an inseason Adjustment to modify the red crab specifications to raise the target TAC to the revised recommended Acceptable Biological Catch (ABC) by the New England Fishery Management Council's Scientific and Statistical Committee. In May 2010, NMFS published the final rule for the FY 2010 red crab specifications implementing the Council's original recommended specifications (target TAC equal to 3.56 million lb; 582 DAS). In March 2010, the Council's Scientific and Statistical Committee met to review their previous recommendation for red crab. NMFS does not have the regulatory authority to implement specifications higher than the Councils recommendation. The regulations do, however, allow for an in-season adjustment to the specifications, after consultation with the Council. The Council met on April 28, 2010, and has recommended that NMFS adjust the FY 2010 specifications commensurate with the SSCs revised recommendation. The adjusted specifications would be 3.91 million lb and 657 DAS.

Priority: Routine and Frequent 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 06/22/2010 75 FR 35435 NPRM Comment Period End 07/10/2010
Final Action 08/13/2010 75 FR 49420 Final Action Effective 09/13/2010

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-AY51 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-AY94

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Title: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Change to 2010 Harvest Specifications for Darkblotched Rockfish, Cowcod, and Yelloweye Rockfish Abstract: On March 6, 2009, NMFS published a final rule to implement the 2009-2010 West Coast groundfish harvest specifications and management measures (74 FR 9874). This action modifies the 2010 harvest specifications for darkblotched rockfish, cowcod, and yelloweye rockfish. The U.S. District Court for the Northern District of California issued an Order on April 23, 2010, vacating the 2009-2010 Specifications for those three species, and replaced the specifications with the most recent OYs that were specified for 2007-2008. This rule amends the regulatory requirements for these three species in accordance with the court's order.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: NoCFR 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 Rule Effective 07/02/2010
Final Rule 07/08/2010 75 FR 39178

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities 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-BA00

View Related Documents

Title: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Change to 2010 Harvest Specifications for Yelloweye Rockfish; Inseason Adjustments to Fishery Management Abstract: On March 6, 2009, NMFS published a final rule to implement the 2009-2010 West Coast groundfish harvest specifications and management measures (74 FR 9874). This action takes management action to modify the 2010 harvest specifications for darkblotched rockfish, cowcod, and yelloweye rockfish. The U.S. District Court for the Northern District of California issued an Order on April 23, 2010, vacating the 2009-2010 Specifications for those three species, and replaced the specifications with the most recent OYs that were specified for 2007-2008. A pending final rule amends the regulatory requirements for these three species in accordance with the court's order. This final rule implements revised harvest guidelines for yelloweye rockfish. This final rule also makes routine inseason adjustments to fishery management measures to keep projected impacts of other groundfish species within their respective 2010 harvest specifications.

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--Inseason for July 1, 2010 07/01/2010 75 FR 38030

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-AX24; Related to 0648- AY94 Agency Contact: Frank Lockhart Program Analyst Department of Commerce National Oceanic and Atmospheric Administration 7600 Sand Point Way NE. Seattle , WA 98115 Phone: 206 526-6142FAX: 206 526-6736 E-Mail: frank.lockhart@noaa.gov

Department of Commerce (DOC) National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-BA05

View Related Documents

Title: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments to Fishery Management Measures Abstract: On March 6, 2009, NMFS published a final rule to implement the 2009-2010 West Coast groundfish harvest specifications and management measures (74 FR 9874). This final rule makes routine inseason adjustments to fishery management measures to keep projected impacts of groundfish species within their respective 2010 harvest specifications.

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 Rule -- Inseason Correction 07/16/2010 75 FR 41383

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities 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-BA09

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Title: Rule To Reaffirm a Control Date for the Purpose of Potentially Limiting Entry to the Charter and Party Fishery; Northeast Multispecies Fishery Management Plan Abstract: The New England Fishery Management Council voted to reaffirm a control date for the NE multispecies charter and party fishery. This Federal Register document reaffirms the current control date of March 30, 2006, and the potential implication that anyone entering the fishery after the control date will not be assured of future access, should a management regime that limits the number of participants in the fishery be prepared and implemented.

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

Timetable:
Action Date FR Cite
ANPRM 09/20/2010 75 FR 57249No Further Action Necessary 10/15/2010 ANPRM Comment Period End 10/20/2010

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-BA10

View Related Documents

Title: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; August 2010 Inseason Adjustments to Fishery Management Measures Abstract: On March 6, 2009, NMFS published a final rule to implement the 2009-2010 West Coast groundfish harvest specifications and management measures (74 FR 9874). This final rule also makes routine inseason adjustments to fishery management measures to keep projected impacts of groundfish species within their respective 2010 harvest specifications.

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 Rule -- Inseason 08/23/2010 75 FR 51684

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0648-AX24; Related to 0648- AY94 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-BA12

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Title: Highly Migratory Species Definition Modifications for BillfishesAbstract: This interpretive rule will recognize the change of the genus of white marlin from Tetrapturus to Kajikia in the implementing regulations of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to reflect recent taxonomic changes for white marlin. The action will also add the recently recognized species, roundscale spearfish (Tetrapturus georgii), to the definitions in the implementing regulations of the MSA. The species, roundscale spearfish, was previously thought to be the same as white marlin. 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 policy issues associated with it.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 50 CFR 600; 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 Final Rule 09/22/2010 75 FR 57698 Final Rule Effective 01/01/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Margo Schulze-Haugen 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) Patent and Trademark Office ( PTO ) RIN: 0651-AC35

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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 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 02/00/2011 NPRM Comment Period End 04/00/2011
Final Rule 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: NoAgency Contact: Gerard F. Rogers Acting Chief Administrative Trademark Judge Department of Commerce Patent and Trademark Office P.O. Box 1451 Alexandria , VA 22313-1415 Phone: 571 272-4299 E-Mail: gerard.rogers@uspto.gov

Department of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC37

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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: (1) revising 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) revising 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) deleting many of the appeal brief requirements and modifying the rules to make other requirements more flexible; (4) requiring the examiner to designate any rejection in the answer that relies upon new evidence as a new ground of rejection; (5) allowing an appellant to await a decision on a petition seeking review of an 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) eliminating the examiner's response to a reply brief.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule 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 to 134; 35 USC 2(b)(2); 35 USC 305 and 306; 35 USC 6(6) 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 12/00/2010 NPRM Comment Period End 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0651-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 DocumentsTitle: 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: 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 12/00/2010 NPRM Comment Period End 02/00/2011

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 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-AC40

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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 12/00/2010 NPRM Comment Period End 02/00/2011

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 CommercePatent 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-AC41

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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 12/00/2010 NPRM Comment Period End 02/00/2011

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 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

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Title: Revision of USPTO Fees for Fiscal Year 2011 Abstract: The United States Patent and Trademark Office (USPTO) is taking 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: Info./Admin./Other Agenda Stage of Rulemaking: Proposed 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: 35 USC 41, 119, 120, 132(b) and 376; PL 109-383; PL 110-116; PL 110-137; PL 110-149; PL 110-161; PL 110-5; PL 110-92Legal Deadline:
Action Source Description Date

NPRM Statutory 07/2011 End of Comment Period. 05/00/2010 Other Statutory After Enactment of 2011 Appropriations Act. 10/00/2011

Timetable:
Action Date FR Cite
NPRM 12/00/2010 NPRM Comment Period End 02/00/2011
Final Action 05/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0651-AC33; 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-AC44

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Title: Revision of USPTO Fees for Fiscal Year 2012 Abstract: The United States Patent and Trademark Office (USPTO) is taking 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: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 37 CFR 1.17(a(1-5)),(e), (l), (m), (r-t); 37 CFR 1.16(a-e) (h-s); 37 CFR 1.18 (a-c); 37 CFR 1.20 (c(3-4)) (e-g); 37 CFR 1.492 (a), (b(2-4)), (c)(2), (d-f) (j); 37 CFR 41.20 (b(1-3)) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 35 USC 41, 119, 120, 132(b) and 376; PL 109-383; PL 110-116; PL 110-137; PL 110-149; PL 110-161; PL 110-5; PL 110-92 Legal Deadline:
Action Source Description Date

NPRM Statutory 02/2011 End of Comment Period. 12/00/2010 Other Statutory 06/00/2011

Timetable:
Action Date FR Cite
NPRM 12/00/2010 NPRM Comment Period End 02/00/2011
Final Action 06/00/2011 Final Action Effective 07/00/2011

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: NoRelated 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

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Title: Requirement for More Than One Specimen per Class and for Additional Information and Exhibits Abstract: The Office proposes to amend 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: Proposed 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 12/00/2010 NPRM Comment Period End 02/00/2011

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 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-AC50

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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: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 37 CFR 2.23 and 2.24; 37 CFR 2.6 and 2.62; 37 CFR 2.66 and 2.68; 37 CFR 2.74 and 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
NPRM 12/00/2010 NPRM Comment Period End 02/00/2011

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 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-AC39

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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 Action 12/00/2010 Final Action Effective 01/00/2011

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 1451Alexandria , 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-AC42

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Title: Interim Increase on Patent Fees for Fiscal Year 2011 Abstract: The United States Patent and Trademark Office (USPTO) is proposing 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: Info./Admin./Other 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 41, 119, 120,132(b) and 376; PL 109-383; PL 110-116 Legal Deadline:
Action Source Description Date

Other Statutory 10 days after enactment of 2011 Appropriations Act. 10/00/2010

Timetable:
Action Date FR Cite Final Action 12/00/2010

Regulatory Flexibility Analysis Required: Business Government Levels 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-AB55

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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 enrollment and discipline. 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: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action 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
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 Action - 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 Action 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 Second NPRM (Ethics) 06/00/2012 Final Rule (Ethics) 11/00/2013

Additional Information: See 69 FR 9986-9987. Final rules: disciplinary; annual fee; continuing education; ethics.

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: Harry I. Moatz Director, Office of Enrollment and Discipline Department of Commerce Patent and Trademark Office P.O. Box 1450 Alexandria , VA 22313 Phone: 571 272-4097 FAX: 571 273-6069 E-Mail: harry.moatz@uspto.gov

Department of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC19

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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, and publish statutory invention registrations more quickly and to reduce the pendency of the application or reexamination proceeding by about two 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 is proposing to amend the rules to provide that patentees may request paper bound copies of a patent including the cover sheet for a fee.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action 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 Next Action Undetermined

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Robert W. Bahr Acting Associate Commissioner for Patent Examination Policy Department of Commerce Patent and Trademark Office P.O. Box 1450 Alexandria , VA 22313 Phone: 571 272-8800 FAX: 571 273-0125 E-Mail: robert.bahr@uspto.gov

Department of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC27

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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 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 USPTO's file of patent applications and reexamination proceedings.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action 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 Final Rule 00/00/0000
NPRM 08/06/2008 73 FR 45662 NPRM Comment Period End 10/06/2008

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Robert W. Bahr Acting Associate Commissioner for Patent Examination Policy Department of Commerce Patent and Trademark Office P.O. Box 1450 Alexandria , VA 22313 Phone: 571 272-8800 FAX: 571 273-0125 E-Mail: robert.bahr@uspto.gov

Department of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC31

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Title: Change to Disciplinary Proceeding HearingAbstract: This action would revise existing fees to recover the estimated average cost of processing applications for registration as well as for the registration process.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 37 CFR 11.41(c) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 35 USC 2(b)(2)(D) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/00/2012 NPRM Comment Period End 01/00/2013

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Harry I. Moatz Director, Office of Enrollment and Discipline Department of Commerce Patent and Trademark Office P.O. Box 1450 Alexandria , VA 22313 Phone: 571 272-4097 FAX: 571 273-6069 E-Mail: harry.moatz@uspto.gov

Department of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC32

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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 as well as for the registration process.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action 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: Harry I. Moatz Director, Office of Enrollment and Discipline Department of Commerce Patent and Trademark Office P.O. Box 1450 Alexandria , VA 22313 Phone: 571 272-4097 FAX: 571 273-6069 E-Mail: harry.moatz@uspto.govDepartment of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC45

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Title: Changes to Streamline the Electronic Priority Document Exchange Program Abstract: The United States Patent and Trademark Office (Office) is proposing 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: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action 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 00/00/0000

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Robert W. Bahr Acting Associate Commissioner for Patent Examination Policy Department of Commerce Patent and Trademark Office P.O. Box 1450 Alexandria , VA 22313 Phone: 571 272-8800 FAX: 571 273-0125 E-Mail: robert.bahr@uspto.gov

Department of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC47

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Title: Changes to Information Disclosure Statement Practice Regarding Timeliness Statement and Submission of Copies Abstract: The United States Patent and Trademark Office (Office) is revising information disclosure statement practice to provide applicants an additional opportunity to file an information disclosure statement (IDS) without needing to file a fee before the close of prosecution, or a request for continued examination (RCE) after the close of prosecution. In place of filing the fee or RCE, applicants will be able to submit a statement identifying that the IDS contains only information that was cited in a communication from the Office in another U.S. nonprovisional application. The Office is also revising IDS practice to eliminate the copy requirement for published U.S. nonprovisional applications and Office communications issued in published U.S. nonprovisional applications that are listed in an IDS. The changes in this notice reduce some of the burden related to the citation of Office actions and related information in an application. While this is a first step in improving IDS practice, the Office appreciates that there are further steps that could be taken to reduce the burden of IDS practice for both applicants and the Office. Therefore, the Office is inviting public comment on any aspect of IDS practice that can be improved.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action 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 Interim Final Rule 00/00/0000

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Robert W. Bahr Acting Associate Commissioner for Patent Examination Policy Department of Commerce Patent and Trademark Office P.O. Box 1450 Alexandria , VA 22313 Phone: 571 272-8800 FAX: 571 273-0125 E-Mail: robert.bahr@uspto.gov

Department of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC48

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Title: Changes To Implement Optional Pre-Appeal Brief Procedures for Patent Applications Abstract: The United States Patent and Trademark Office (Office) implemented the pre-appeal brief conference pilot program in which the applicant has an option to request that a panel of experienced examiners conducts a detailed review of the rejection before the actual filing of an appeal brief if applicant feels that the examiner's rejections are clearly not proper and are without bases. Based on the comments from the participants, the effectiveness of the pilot program, and the lesson learned, the Office is proposing to make permanent the pre-appeal brief conference pilot program and to provide two additional optional procedures by which applicant may participate in the pre-appeal brief interview-conference for a fee (set on a cost-recovery basis), and submit a proposed amendment for the examiner to conduct an additional search to determine whether it would place the application in condition for allowance for a second fee (set on a cost-recovery basis). The optional pre-appeal brief interview-conference 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 Office is proposing to revise the rules of practice to provide for the fees to implement the optional pre-appeal brief interview-conference procedures.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action 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 Next Action Undetermined

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Robert W. Bahr Acting Associate Commissioner for Patent Examination Policy Department of Commerce Patent and Trademark Office P.O. Box 1450 Alexandria , VA 22313 Phone: 571 272-8800 FAX: 571 273-0125 E-Mail: robert.bahr@uspto.govDepartment of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC08

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Title: Correspondence With the United States Patent and Trademark Office, Office of the General Counsel Abstract: The United States Patent and Trademark Office, Office of the General Counsel, is revising the rules of practice to update the address for mail and service.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 37 CFR 102; 37 CFR 104 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 35 USC 2(b)(2); 44 USC 3101; 35 USC 10; 35 USC 23; 35 USC 25 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 06/25/2010 75 FR 36294

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0651-AB86 Agency Contact: Kyu S. Lee Associate Counsel Department of Commerce Patent and Trademark Office Office of the General Counsel Madison West, 8th Floor Alexandria , VA 22313 Phone: 571 272-6421 FAX: 571 273-0099 E-Mail: lee.kyu@uspto.gov

Department of Commerce (DOC) Patent and Trademark Office ( PTO ) RIN: 0651-AC18

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Title: Changes in Procedures for Filing Trademark Correspondence by Express Mail or Under a Certificate of Mailing or Transmission Abstract: The United States Patent and Trademark Office amends the Trademark Rules of Practice to provide that the procedures for filing trademark correspondence by Express Mail or under a certificate of mailing or transmission do not apply to certain specified documents for which an electronic form is available in the Trademark Electronic Application System. The purpose of the rule change is to promote electronic filing.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 37 CFR 2.197; 37 CFR 2.198; 37 CFR 7.4 (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 02/29/2008 73 FR 11079 NPRM Comment Period End 04/29/2008 73 FR 11079 Withdrawn 08/16/2010Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No 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-AC33

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Title: Revision of Patent Fees for Fiscal Year 2011 Abstract: The United States Patent and Trademark Office (USPTO) is taking this action to adjust certain patent fee amounts for fiscal year 2011 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: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 37 CFR 1.16a-e; 37 CFR 1.17a1-5; 37 CFR 1.18a-c; 37 CFR 1.20c3-4; 37 CFR 1.492a-f; 37 CFR 41.20b1-3 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 35 USC 41; PL 110-161; PL 110-149; PL 109-383; PL 110-116; PL 110-137; PL 110-5; PL 110-92; 35 USC 119; 35 USC 120; 35 USC 132(b); 35 USC 376 Legal Deadline:
Action Source Description Date

NPRM Statutory Comment period end 05/00/2010. 03/00/2010 Other Statutory 09/00/2010

Timetable:
Action Date FR Cite Withdrawn 08/04/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Walter Schlueter 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-AC46

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Title: Cancellation of Rule of Practice 41.200(b) Before the Board of Patent Appeals and Interferences in Interference Proceedings Abstract: The United States Court of Appeals for the Federal Circuit issued a decision in Agilent Technologies, Inc. v. Affymetrix, Inc., 567 F.3d 1366 (Fed. Cir. 2009). That decision impacted the continuing viability of portions of 37 CFR41.200(b)(2004). The United States Patent and Trademark Office (USPTO or Office) is therefore canceling the affected portion of the interference rule.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 37 CFR 41.200(b) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 35 USC 112 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 04/15/2010 75 FR 19558

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: James T. Moore Vice Chief Administrative Patent Judge Department of Commerce Patent and Trademark Office P. O. Box 1450 Alexandria , VA 22313 Phone: 571 272-9797 E-Mail: jamest.moore@uspto.gov

Department of Commerce (DOC) National Telecommunications and Information Administration ( NTIA ) RIN: 0660-AA21

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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, the 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 12/00/2010

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.govDepartment of Commerce (DOC) National Telecommunications and Information Administration ( NTIA ) RIN: 0660-AA22

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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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal 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

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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 final 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 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Federalism: No Energy Affected: NoAgency 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) Bureau of Economic Analysis ( BEA ) RIN: 0691-AA74

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Title: BE-11, Annual Survey of U.S. Direct Investment Abroad Abstract: This rule revises regulations for the BE-11, Annual Survey of U.S. Direct Investment Abroad. Discontinuing the use of separate forms for foreign affiliates that are owned by U.S. Reporters that are banks--Annual survey Form BE-11B(FN) would be discontinued. (Separate forms for banks were discontinued for the 2009 BE-10 benchmark survey.) All foreign affiliates,regardless of industry, would be filed on one of the foreign affiliate forms listed below: Form BE-11B, Form BE-11C, Form BE11D, BE-11E.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 15 CFR 806.14 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 22 USC 3101 to 3108 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/20/2010 75 FR 57217 NPRM End Comment 11/19/2010
Final Action 12/00/2010 Final Action Effective 01/00/2011

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-AA75

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Title: BE-577 Quarterly Survey of U.S. Direct Investment Abroad Abstract: This action amends existing rule 15 CFR 806.14 to bring reporting on the BE-577, Quarterly Survey of U.S. Direct Investment Abroad, into conformity with the BE-10, Benchmark Survey of U.S. Direct Investment Abroad--2009, and to increase the exemption level for reporting foreign affiliates to $60 million from $40 million.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final RuleMajor: No Unfunded Mandates: No CFR Citation: 15 CFR 806.14 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 22 USC 3101 to 3108 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/02/2010 75 FR 53611 NPRM Comment Period End 11/02/2010
Final Action 12/00/2010 Final Action Effective 02/00/2011

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-AA73

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Title: The BE-180 Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign Persons Abstract: This action amends BEA's regulations to provide for the conduct of the BE-180 Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and Foreign Persons. This survey replaces the BE-80 which has been completed. The BE-80 collected data for unaffiliated foreign persons; the BE-180 will collect data for both affiliated and unaffiliated foreign persons.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 801.11 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 4908(b); 22 USC 3101 to 3108 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/09/2010 75 FR 10704 NPRM Comment Period End 06/09/2010
Final Action 06/22/2010 75 FR 35289 Final Action Effective 07/22/2010

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: 202 606-9835FAX: 202 606-5319 E-Mail: david.galler@bea.gov

Department of Commerce (DOC) National Institute of Standards and Technology ( NIST ) RIN: 0693-AB60

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Title: Revisions to Department of Commerce Regulations Reflecting Redelegations of Authority Resulting From the America COMPETES Act Abstract: NIST issues a final rule that 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: Substantive, Nonsignificant 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 12/00/2010

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

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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 that additional 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 app 2401 et seq; 50 USC 1701 et seq; EO 13222 Legal Deadline: NoneTimetable:
Action Date FR Cite Notice 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Arvin 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC33

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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: Proposed Rule 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 app 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
NPRM 06/00/2011

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: wfisher@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC47

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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 arevocation 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 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: Proposed Rule 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
NPRM 02/00/2011

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: 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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE43

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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 107-56 Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 02/00/2011

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 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE68

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Title: Revisions to Methods of Service and Certain Deadlines in Administrative Enforcement Proceedings Abstract: This rule makes certain changes to the procedures for administrative enforcement proceedings. This rule would replace the registered mail, return receipt service of process provision in administrative enforcement proceedings with a provision allowing service by any means that obtains written confirmation of receipt; remove Saturdays, Sundays and holidays from the calculation when the specified time for filing or service of papers is ten days or less; require that discovery requests be served at least 30 days prior to the scheduled hearing date (compared to the current 20 days); extend from 12 to 15 days the time for parties to submit responses to the administrative law judge's recommended decision in enforcement cases; require that BIS seek renewal of a temporary denial order 30 days (instead of the current 20 days) prior to its scheduled expiration; and require that parties opposed to renewal of a temporary denial file a written submission with the Assistant Secretary for Export Enforcement a minimum of 10 days before the expiration date of the order rather than the current seven days.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 15 CFR 766 (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
NPRM 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Arvin 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE80

View Related DocumentsTitle: 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., 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 12/00/2010

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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE98

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Title: Simplified Network Application Processing System, On-line Registration and Account Maintenance Abstract: This rule removes the paper- and facsimile-based procedures that the Export Administration Regulations currently require when parties wish to open or revise an account for on-line submission of license applications and similar documents.The rule mandates an on-line registration and account maintenance instead. The rule sets forth duties of parties to use the online system to keep their names and contact information in the on-line application processing system current.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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 app 2401 et seq; EO 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: NoAgency Contact: William Arvin 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AD07

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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: Final 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: 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 Final Rule 03/00/2011

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: 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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AD58

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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: NoCFR 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 108-11,117 Stat. 559; EO 12058; EO 12851; EO 1293; EO 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 06/00/2011

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: wfisher@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AD81

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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: Final Rule 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
Final Action 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Sheila QuartermanExport 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: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE30

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Title: December 2007 Wassenaar Arrangement Plenary Agreement Implementation: Category 6 (Cameras and Optical Sensors) of the Commerce Control List; Wassenaar Reporting Requirements Abstract: This final 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 at the December 2007, 2008, and 2009 Wassenaar Arrangement Plenary Meetings. 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: Final Rule 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 Final Action 03/00/2011

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE44

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Title: Addition of New Export Control Classification Number 6A981 Passive Infrasound Sensors to the Export Administration Regulations Abstract: The Bureau of Industry and Security proposes to amend 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) andAnti-Terrorism (AT) reasons. In addition, BIS proposes 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: Final 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: 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
Final Rule 12/00/2010

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE63

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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: Final Rule 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 Final Rule 12/00/2010

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 20230Phone: 202 482-2440 FAX: 202 482-3355 E-Mail: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE71

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Title: Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions; Correction Abstract: On December 10, 2009, the final rule, Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions, was published in the Federal Register (74 FR 65661). The amendments in that rule moved a technical note from after 1C006.d to 1C006.a. The technical note was moved, however a copy of paragraph e of the technical note was left behind, and now in appearance looks like it is paragraph e in the items paragraph, i.e., 1C006.e. This correction rule deletes paragraph e in the items paragraph of 1C006. In addition, the text of the Related Definition section of ECCN 3C001 should have been removed in the December 10th rule. This rule replaces the text with "N/A" (Not Applicable) in the Related Definitions section of ECCN 3C001.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule 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; 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; EO 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 12/10/2009 74 FR 65662 Correction 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0694-AE58 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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE81

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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 and for allocating materials, services and facilities to promote the national defense.

Priority: Other Significant Agenda Stage of Rulemaking: Final 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 13286Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/07/2010 75 FR 32122 NPRM Comment Period End 07/07/2010
Final Rule 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Arvin 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE82

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Title: Publicly Available Mass Market Encryption and Object Code Abstract: The Bureau of Industry and Security (BIS) is removing from the scope of items subject to the Export Administration Regulations (EAR) "publicly available" mass market encryption software with a symmetric key length greater than 64-bits, and "publicly available" encryption object code. This change is being made pursuant to a determination by BIS that because there are no regulatory restrictions on making such software "publicly available," and because, once it is "publicly available," by definition it is available for download by any end user without restriction, removing it from the jurisdiction of the EAR will have no effect on export control policy. This action will not result in the decontrol of source code or technology controlled under Export Control Classification Number (ECCN) 5D002, but will result in a simplification of the regulatory provisions for mass market publicly available software and encryption object code.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 15 CFR 732; 15 CFR 734; 15 CFR 740; 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); 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 12938; EO 13026; EO 13222; EO 13020 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 12/00/2010

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: scook@bis.doc.govDepartment of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE89

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Title: Clarification of Grace Period for Encryption Registration Requirement Abstract: This rule clarifies the intent of the grace period for the encryption registration requirement that appeared in a rule published on June 25, 2010. While the rule provided a grace period for the encryption registration requirement until August 24, 2010, it did not intend to negate the requirement to obtain the encryption registration. This rule clarifies this point by adding two sentences to the Export Administration Regulations. In addition, this rule removes an incorrect email address listed in the rule.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 15 CFR 738 and 740; 15 CFR 742 and 748; 15 CFR 772 and 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 Effective 06/25/2010 75 FR 36481 Interim Final Rule 07/27/2010 75 FR 43819 Interim Final Rule Comment Period End 08/24/2010 Correction 12/00/2010

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE90

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Title: Editorial Correction to the Export Administration Regulations Abstract: This final 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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 15 CFR 740 and 743; 15 CFR 748; 15 CFR 772 and 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: NoneTimetable:
Action Date FR Cite Final Action 12/00/2010

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE94

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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: 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; 59 USC 2401 et seq; EO 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule Effective 08/02/2010 75 FR 45052 Interim Final Rule 08/02/2010 75 FR 45052 Final Action 12/00/2010

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: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE95

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Title: Additions to the List of Validated End-Users in the People’s Republic of China: Hynix Semiconductor China LTD., HynixSemiconductor (WUXI) LTD., and LAM Research Corporation Abstract: In this final rule, the Bureau of Industry and Security amends the Export Administration Regulations (EAR) to add three end-users, Hynix Semiconductor (China) Ltd., Hynix Semiconductor (Wuxi) Ltd. and Lam Research Corporation to the list of validated end-users in the People’s Republic of China (PRC). With this rule, exports, reexports and transfers (in-country) of certain items to one facility of Hynix Semiconductor (China) Ltd., one facility of Hynix Semiconductor (Wuxi) Ltd. and nine facilities of Lam Research Corporation in the PRC are now authorized under Authorization Validated End-User (VEU).

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 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 10/12/2010 75 FR 62462 Correction 12/00/2010

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: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE96

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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: Final Rule Major: No Unfunded Mandates: No CFR Citation: 15 CFR 738; 15 CFR 770; 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; 22 USC 6004; 22 USC 7201; 22 USC 7210; 30 USC 185(s) 185(u); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 46 USC 466c; 50 USC 1701; 50 USC 2401; 50 USC 5; EO 13026; EO13222 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Sharron Cook Policy AnalystDepartment 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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE97

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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 app 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 12/00/2010

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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AF01

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Title: Implementation of Additional Changes From the 2009 Annual Review of the Entity List 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 2009 annual review of the Entity List conducted by the End-User Review Committee. 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: Final RuleMajor: No Unfunded Mandates: No CFR Citation: 15 CFR 744 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 50 USC app 2401 et seq; 50 USC 1701 et seq; 22 USC 3201 et seq; ... Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 12/00/2010

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. Mail Stop 2705 Washington , DC 20230 Phone: 202 482-2440 E-Mail: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC04

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Title: Export Administration Regulations: Support Documentation Consolidation and Reorganization Abstract: This rule amends the Export Administration Regulations (EAR) to consolidate and reorganize the support documentation requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term 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; ... Legal Deadline: None

Timetable:
Action Date FR Cite Interim Final Rule 00/00/0000

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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC15

View Related DocumentsTitle: 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: Long-term 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 Final Action 00/00/0000

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: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC17

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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 also 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 foreign-made 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: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 730; 15 CFR 734; 15 CFR 736; 15 CFR 762; 15 CFR 774; 17 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 Final Rule 00/00/0000
Interim Final Rule 10/01/2008 73 FR 56964 Interim Final Rule Comment Period End 12/01/2008

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: NoEnergy 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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC23

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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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term 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 app 2401 et seq; EO 12002; EO 12058; EO 12214; EO 12938; EO 13222; EO 13026 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC25

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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: Long-term 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
NPRM 12/00/2011

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: wfisher@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC34

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Title: Clarifications to 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: Long-term 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 Final Rule 00/00/0000

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: 202 482-2440FAX: 202 482-3355 E-Mail: wfisher@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC35

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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: Long-term 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 Final Action 00/00/0000

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: wfisher@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC48

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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. It implements recommendations contained in the General Accounting Office report entitled Export Controls: Regulatory Change Needed to Comply with Missile Technology Licensing Requirements (GA-01-530).

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term 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 app 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 Final Rule 00/00/0000
ANPRM 12/20/2001 66 FR 65666ANPRM Comment Period End 02/19/2002
NPRM 05/24/2005 70 FR 29660 NPRM Comment Period End 06/23/2005

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Arvin 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AC84

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Title: Export and Reexport Controls on Iraq Abstract: This rule establishes new Export Control Policy for exports to Iraq under the licensing responsibility of the Bureau of Industry and Security. The new export control policy reflects the changed circumstances in Iraq and is consistent with changes in U.S. legal authorities concerning Iraq and actions taken by the United Nations Security Council with respect to the embargo against Iraq.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 732; 15 CFR 738; 15 CFR 740; 15 CFR 742; 15 CFR 744; 15 CFR 746; 15 CFR 750; 15 CFR 752; 15 CFR 758; 15 CFR 762; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 50 USC app 2401; 50 USC 1701; 10 USC 7420; 10 USC 7430; 18 USC 2510; 22 USC 287; 22 USC 3201; 22 USC 6004; 30 USC 185; 42 USC 2139; 42 USC 6212; 43 USC 1354; 46 USC 466; 50 USC app 5; PL 106-387; PL 107-56; EO 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
Interim Final Rule 07/30/2004 69 FR 46069 Interim Final Rule Comment Period End 08/30/2004

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: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AD27

View Related DocumentsTitle: 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 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: Long-term 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 Final Rule 00/00/0000

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: wfisher@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AD80

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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: Long-term 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 app 2401 et seq; 50 USC 1701 et seq; PL 106-387; EO 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 00/00/0000Regulatory 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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AD93

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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 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: Long-term 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 Final Rule 00/00/0000

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE04

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Title: Revision of the Regional Stability and Chemical and Biological Export Controls in the Export Administration Regulations Abstract: This final 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 asmakes a license requirement correction to Export Control Classification Number (ECCN) 0A018.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term 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 Final Action 00/00/0000

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE14

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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: Long-term 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 Final Rule 00/00/0000

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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE21

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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: Long-term 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 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 00/00/0000
NPRM 10/03/2008 73 FR 57554 NPRM Comment Period End 11/17/2008

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: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE74

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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: Long-term 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 Final Rule 00/00/0000

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AD69

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Title: Revisions to the DPAS Regulation and Associated Notices Abstract: The Bureau of Industry and Security (BIS) is reviewing and revising the Defense Priorities and Allocations Systems regulation to streamline the provisions of the regulation and remove outdated or obsolete sections. To ascertain the impact of possible deletions and amendments, BIS may be issuing notices of inquiry and requests for public comment, in addition to regulations in proposed form.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 700 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 50 USC 2061 et seq; 42 USC 5195 et seq; 10 USC 2538; 50 USC 82; EO 12919; EO 13286; EO 12742; EO 12656 Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 06/10/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Liam McMenamin Department of Commerce Bureau of Industry and Security Room H3876, 14th Street and Pennsylvania Avenue Washington , DC 20230 Phone: 202 482-2233 FAX: 202 482-5650 E-Mail: lmcmenamin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE27View Related Documents

Title: Foreign Direct Products of U.S. Technology Abstract: The Bureau of Industry and Security (BIS) clarifies the scope of the "direct product rule" set forth in the Export Administration Regulations (EAR). Under the EAR's "direct product rule," foreign-made items that are located outside of the United States; subject to national security controls under the EAR; the direct product of U.S.-origin software or technology that requires a written assurance as a supporting document for a license or as a pre-condition for use of License Exception Technology and Software, Restricted (TSR); and are being reexported to a destination in a country of national security concern or a terrorist supporting country, are subject to the EAR and require an export license or license exception. This rule also makes parallel revisions or clarifications to written assurances required under License Exception TSR (Technology and Software Restricted), information required on the license application for national security controlled technology, and the instructional steps in the EAR that provide guidance on how to apply the direct product rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 732; 15 CFR 736; 15 CFR 740; 15 CFR 748 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 22 USC 2151; 22 USC 7201; 50 USC 1701; 50 USC 2401; 50 USC 2401; EO 12938; EO 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite Final 07/30/2010 75 FR 44887

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE42

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Title: Revision of Commerce Control List To Update and Clarify Certain Crime Control Activities Abstract: This rule revises the Commerce Control List to update and clarify certain items on the Commerce Control List that indicate "crime control" as a reason for control. The specific changes made by this rule include replacing obsolete terminology, adding items to illustrative lists of categories of items in certain entries and removing duplicative or redundant controls. 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: Other Significant 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: EO 13026; PL 106-387; 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 13222; PL 107-56 Legal Deadline: None

Timetable:
Action Date FR CiteNPRM 08/11/2009 74 FR 40117 NPRM Comment Period End 09/25/2009
Final Rule 07/15/2010 75 FR 41078

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 0694-AE43 Agency Contact: William Arvin 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE56

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Title: Revisions to the Export Administration Regulations Based Upon a Systematic Review of the CCL: Additional Changes Made Under U.S. Government National Discretion Abstract: This rule amends the Export Administration Regulations (EAR) to make revisions as a result of a systematic review of the CCL that was conducted by the Bureau of Industry and Security (BIS). This rule is the third phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS's Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007 (72 FR 39052). The revisions in this rule include: (i) Clarifications to Existing Controls; (ii) Eliminating Redundant or Outdated Controls; and (iii) Establishing More Focused and Rationalized Controls. This rule also makes CCL related changes to other parts of the EAR, including CCL related definitions and license exceptions.

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); 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; 15 USC 1824a; 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 06/28/2010 75 FR 36511

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: tmooney@bis.doc.gov

Department of Commerce (DOC)Bureau of Industry and Security ( BIS ) RIN: 0694-AE58

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Title: Wassenaar Arrangement 2008 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; Correction Abstract: The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Friday, December 11, 2009 (74 FR 66000) that revised the Export Administration Regulations (EAR) by amending entries for certain items that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, 8, and 9; adding new entries to the Commerce Control List, revising reporting requirements, and adding and amending EAR Definitions. That final rule contained errors that affected Export Control Classification Numbers 1A004 and 5A001. This document corrects these errors.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 740; 15 CFR 742; 15 CFR 743; 15 CFR 772; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 22 USC 7201; 22 USC 7210; 42 USC 2139a; 50 USC 1701; 50 USC 2401; EO 12851; EO 12938; EO 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 12/11/2009 74 FR 66000 No Further Action Necessary 03/23/2010 75 FR 13674

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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE64

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Title: Revisions to the Export Administration Regulations To Enhance U.S. Homeland Security: Addition of Three Export Control Classification Numbers (ECCNs) and License Review Policy Abstract: This rule amends the Export Administration Regulations (EAR) by revising controls to advance U.S. homeland security and foreign policy interests. These amendments reflect issues identified by an interagency working group that is reviewing export control issues related to homeland security. The interagency working group is made up of representatives from the Departments of Commerce, Defense, Homeland Security and State. The purpose of the interagency working group is to ensure that appropriate export controls are in place to protect U.S. export control interests for homeland security related items, while at the same time facilitating the development, production and use of items that will enhance U.S. homeland security and the homeland security of key U.S. allies. To help accomplish these objectives, this rule adds three new entries to the Commerce Control List (CCL) to control certain concealed object detection equipment operating in the frequency range from 30 GHz to 3000 GHz and related software and technology. In addition, to facilitate the export and reexport of these items to certain trusted destinations and end-users, this rule adds new license review criteria to the EAR to create a presumption of approval for certain cooperating countries provided the items are being made to a government end-user or to a person designated by the government end-user pursuant to contract.Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 740; 15 CFR 748; 15 CFR 742; 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); 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 12058; EO 12851; EO 12938; EO 13026; EO 13026; EO 13222; EO 13222; PL 106-387; PL 106-387; PL 107-56; PL 107-56; PL 108- 11; 22 USC 7201 et seq; 30 USC 185(u) Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 03/25/2010 75 FR 14335

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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE66

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Title: Issuance of Electronic Documents and Related Recordkeeping Requirements Abstract: This rule makes changes to the Export Administration Regulations necessary to eliminate most paper versions of the documents that the Bureau of Industry and Security (BIS) sends to members of the public via its Simplified Network Application Processing Redesign System (SNAP-R). The documents affected are licenses, notices that applications are being rejected, notices that applications are being returned without action, responses to classification requests, responses to License Exception AGR notifications, and responses to encryption review requests. BIS would, in most instances, issue paper documents only in situations in which it authorized that the application, notice or request be submitted to it on paper. The rule also explicitly sets forth the meaning of the term "original" with respect to the record keeping requirements that pertain to documents issued electronically by BIS.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 740; 15 CFR 748; 15 CFR 750; 15 CFR 762 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 22 USC 3201 et seq; 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13222; EO 13026; PL 106-387 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/04/2009 74 FR 63685 Comment Period End 02/02/2010
Final Rule 04/05/2010 75 FR 17052 Final Rule Effective 05/05/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Arvin Department of CommerceBureau 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE69

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Title: Export Administration Regulations: Technical Corrections Abstract: This rule removes potentially confusing language regarding the de minimis level of controlled U.S. content in foreign made items, replaces obsolete terminology, clarifies a term in the standard denial order, clarifies language regarding capabilities of certain machine tools and corrects a typographical error in the regulatory provisions regarding calculation of adjusted peak performance of digital computers.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 734; 15 CFR 748; 15 CFR 766; 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; 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; 15 USC 1824a; 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 Final Rule 06/04/2010 75 FR 31678 Final Rule/Correcting Amendments 06/16/2010 75 FR 33989

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Arvin 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE73

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Title: General Authorization for Exports, Reexports and Transfers (In-Country) for Secure Destinations, Accelerated Processing Times Abstract: This rule creates a general authorization that authorizes exports and reexports to certain allies and partner countries. Such exports and reexports would otherwise require a license based on Commerce Control List license requirements. This rule also adds a reporting requirement for all items reexported under this new general authorization and for items that are exported under this new authorization for which no Automated Export System filing is made. This rule further removes one additional permissive reexport authorization. Finally, this rule establishes a shorter license application review process for all destinations. BIS is taking these actions to enhance the national security, foreign policy, and economic security interests of the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Completed ActionMajor: No Unfunded Mandates: No CFR Citation: 15 CFR 762; 15 CFR 741; 15 CFR 750; 15 CFR 758 (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 2401 et seq; 50 USC 1701 et seq; EO 12058; EO 12851; EO 12938; EO 13026; EO 13222; PL 108-11 Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 09/03/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Arvin 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE79

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Title: Revisions to the Export Administration Regulations Based on the 2009 Missile Technology Control Regime Plenary Agreements Abstract: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the November 2009 Plenary in Rio de Janeiro, Brazil.

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); 22 USC 287c; 22 USC 3201 et seq; 22 USC 6004; 22 USC 7201 et seq; 22 USC 7210; 30 USC 185(s), 185(u); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 15 USC 1824a; 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026; EO 13222 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action Effective 04/20/2010
Final Action 04/20/2010 75 FR 20520

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: tmooney@bis.doc.govDepartment of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE83

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Title: On-Line Registration for Use of the Simplified Network Applications Processing Redesign System Abstract: This rule would make changes to Export Administration Regulations (EAR) that would allow parties to register online to use the on-line system for submitting license applications and similar documents. Currently the EAR requires a paper registration process that has been in place since the BIS's original electronic license application system was instituted in the mid 1980's. This action was withdrawn because it duplicates the action in the entry for RIN 0694-AE98.

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 12918; EO 13222; PL 108-11 Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 08/18/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Arvin 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: warvin@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE86

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Title: Revisions to an Authorization for an Existing Validated End-User in the People's Republic of China (PRC) Abstract: This final rule amends the Export Administration Regulations to revise the list of eligible items that may be exported, reexported and transferred under Authorization Validated End-User to existing Validated End-User Applied Materials China, Ltd in the People's Republic of China (PRC). This rule also revises the list of Applied's eligible facilities the may receive the identified items.

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 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 05/14/2010 75 FR 27185

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 QuartermanExport 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: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE87

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Title: Addition to the List of Validated End-Users: Advanced Micro Devices, China, Inc. Abstract: This rule amends the Export Administration Regulations to add a new company, Advanced Micro Devices China, Inc. to the list of validated end-users in the People's Republic of China (PRC). The amendment includes a list of certain items identified by Export Control Classification Number that may be exported, reexported and transferred under Authorization Validated End-User (VEU) to approved facilities in the PRC.

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 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 05/10/2010 75 FR 25763

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: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE88

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Title: Implementation of Changes From the 2009 Annual Review of the Entity List Abstract: This rule amends the Export Administration Regulations (EAR) to implement changes to the Entity List (Supplement No. 4 to Part 744) on the basis of the 2009 annual review of the Entity List conducted by the End-User Review Committee (ERC). The implementation of changes from the annual review will be implemented in two rules. The first rule, published today, implements the results of the annual review for listed persons under eleven destinations on the Entity List: Canada, Egypt, Germany, Hong Kong, Israel, Kuwait, Lebanon, Malaysia, South Korea, Singapore, and the United Kingdom. The second rule will implement the results of the annual review for persons listed under the remaining seven destinations that were included in the 2009 annual review: China, India, Iran, Pakistan, Russia, Syria, and the United Arab Emirates. Entities listed under the destinations of Armenia, Ireland or Taiwan were not included in the 2009 annual review because they were added to the Entity List in 2009 or 2010. 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), andthat 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 05/28/2010 75 FR 29884

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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE91

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Title: Wassenaar Arrangement 2009 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control List, Definitions, Reports Abstract: On September 7, 2010, the final rule, "Wassenaar Arrangement 2009 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control List, Definitions, Reports" was published in the Federal Register (75 FR 54271). The September 7th rule listed ECCN 6E993 as one of the ECCNs that was revised, but it was not revised by this rule. The rule also added an incomplete definition for "energetic materials" in section 772.1; this rule adds the missing text to the definition. The rule did not remove a note after 6A008.f; this rule removes the note as it is now included in the note at the beginning of the items paragraph of ECCN 6A008. Also, the rule listed an incorrect citation of "6.A.5.d.1.d" instead of "6A005.d.1.d" in 6A005.d.1.e; this rule corrects this citation. The rule also included two incomplete citations in the introductory text of ECCN 9A001.a; this rule replaces the citations ".a or .h" with "9E003.a or 9E003.h."

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 740 and 742; 15 CFR 743 and 744; 15 CFR 772 and 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 6004; 22 USC 7201; 22 USC 7210; 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 12947; EO 13026; EO 13222; EO 13224 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 09/07/2010 75 FR 54271 Correction 10/13/2010 75 FR 62675

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 otherwisebe 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: scook@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE92

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Title: Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Person 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. These persons that 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. This rule also amends the EAR by removing one person from the Entity List. 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; 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 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 06/28/2010 75 FR 36516

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: tmooney@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AE93

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Title: Technical Amendment to Part 766 of the Export Administration Regulations Abstract: In this final rule, the Bureau of Industry and Security (BIS) makes a technical amendment to the Export Administration Regulations (EAR). Specifically, in this rule, BIS deletes paragraph (e) in section 766.22 and paragraphs (e)(5) and (g) in section 766.24 of the EAR.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 766 (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 06/15/2010 75 FR 33682

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: squarter@bis.doc.gov

Department of Commerce (DOC) Bureau of Industry and Security ( BIS ) RIN: 0694-AF00

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Title: Updated Statements of Legal Authority for the Export Administration Regulations Abstract: Since the Export Administration Act expired in August 2001, parts 730 to 744 and 746 to 774 of the Export Administration Regulations (15 CFR parts 730 to 774) 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 revises authority citations in the Code of Federal Regulations to include the President's notice of August 12, 2010, Continuation of Emergency Regarding Export Control Regulations (74 FR 50681, August 16, 2010), which is the most recent such annual notice.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 15 CFR 730 and 732; 15 CFR 734 and 736; 15 CFR 738 and 740; 15 CFR 742 to 744; 15 CFR 746 to 748; 15 CFR 750 and 752; 15 CFR 754 and 756; 15 CFR 758 and 760; 15 CFR 762 and 764; 15 CFR 766 and 768; 15 CFR 770 and 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); 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; 46 USC app 466c; 50 USC 1701 et seq; 50 USC app 2401 et seq; 50 USC app 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 09/02/2010 75 FR 53864

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William Arvin Department of Commerce Bureau of Industry and Security HCHB Room 2096 14th Street and Pennsylvania Avenue NW. Washington , DC 20230 Phone: 202 482-2440FAX: 202 482-3355 E-Mail: warvin@bis.doc.gov