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 

Spring 2010 Semiannual Agenda of Regulations 

AGENCY: Office of the Secretary, Commerce. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: In compliance with Executive Order 12866, entitled “Regulatory Planning and Review,” and 

the Regulatory Flexibility Act, as amended, the Department of Commerce (Department), in the spring and 

fall of each year, publishes in the Federal Register an agenda of regulations under development of 

review over the next 12 months. Rulemaking actions are grouped according to prerulemaking, proposed 

rules, final rules, long-term actions, and rulemaking actions completed since the fall 2009 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 spring 2010 regulatory agenda includes regulatory activities that are expected to be 

conducted during the period April 1, 2010, through March 31, 2011. 

FOR FURTHER INFORMATION CONTACT:

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

individual identified as the contact person. 

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

Choe, Acting 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: Executive Order 12866 requires agencies to publish an agenda of 

those regulations that are under consideration pursuant to this order. By memorandum of January 15, 

2010, the Office of Management and Budget issued guidelines and procedures for the preparation and 

publication of the spring 2010 Unified Agenda of Federal Regulatory and Deregulatory Actions. The 

Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires agencies to publish, in the spring and fall of each 

year, a regulatory flexibility agenda that contains a brief description of the subject of any rule likely to 

have a significant economic impact on a substantial number of small entities. The agenda also identifies 

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

Act. 

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

disseminating the Unified Agenda. The complete Unified Agenda will be available online at 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the 

Agenda database. 

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

required by the Regulatory Flexibility Act (5 U.S.C. 602), the Department of Commerce’s printed agenda 

entries include only: 

(1) Rules that are in the Agency’s regulatory flexibility agenda, in accordance with the Regulatory 

Flexibility Act, because they are likely to have a significant economic impact on a substantial number 

of small entities; and 

(2) Rules that the Agency has identified for periodic review under section 610 of the Regulatory 

Flexibility Act. 

 Printing of these entries is limited to fields that contain information required by the Regulatory 

Flexibility Act’s Agenda requirements. Additional information on these entries is available in the United 

Agenda published on the Internet. In addition, for fall editions of the Agenda, the entire Regulatory Plan 

will continue to be printed in the Federal Register, as in past years, including the Department of 

Commerce’s Regulatory Plan. 

 Within the Department, the Office of the Secretary and various operating 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 Office issue the greatest share of the Department’s 

regulations. 

 A large number of regulatory actions reported in the agenda deal with fishery management programs 

of NOAA’s National Marine Fisheries Service (NMFS). To avoid repetition of programs and definitions, as 

well as to provide some understanding of the technical and institutional elements of the NMFS programs, 

an “Explanation of Information Contained in NMFS Regulatory Entries” is provided below. 

Explanation of Information Contained in NMFS Regulatory Entries

 The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (the Act) 

governs the management of fisheries within the Exclusive Economic Zone (EEZ). The EEZ refers to 

those waters from the outer edge of the State boundaries, generally 3 nautical miles, to a distance of 200 

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

conservation and management measures. Regulations implementing these FMPs regulate domestic 

fishing and foreign fishing where permitted. Foreign fishing may be conducted in a fishery in which there 

is no FMP only if a preliminary fishery management plan has been issued to govern that foreign fishing. 

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

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

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

plans and to consider the use of alternative means of regulating. 

 The Council process for developing FMPs and amendments makes it difficult for NMFS to determine 

the significance and timing of some regulatory actions under consideration by the Councils at the time the 

semiannual regulatory agenda is published. 

 The Department’s spring 2010 regulatory agenda follows. 

NAME: Cameron F. Kerry,

General Counsel. 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
The 286 Regulatory Agendas

General Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Commerce Acquisition Regulation (CAR): 2008 Update 0605-AA26

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

Bureau of the Census - Proposed Rule

Title

Regulation 

Identifier 

Number

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

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

Bureau of the Census - Completed Action

Title

Regulation 

Identifier 

Number

Foreign Trade Regulations: Eliminate the Social Security Number as an Identification Number in the Automated Export

System 0607-AA48

Temporary Suspension of the Population Estimates Challenge Program 0607-AA49

Economic Development Administration - Completed Action

Title

Regulation 

Identifier 

Number

Revisions to the Trade Adjustment Assistance for Firms Program Regulations and Other EDA Regulations 0610-AA64

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

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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

International Trade Administration - Long-term Action

Title

Regulation 

Identifier 

Number

Commercial Availability of Fabric and Yarn 0625-AA59

National Oceanic and Atmospheric Administration - PreRule

Title

Regulation 

Identifier 

Number

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

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

Establish Control Dates for the Gulf of Mexico King and Spanish Mackerel Fisheries 0648-AY67

National Oceanic and Atmospheric Administration - Proposed Rule

Title

Regulation 

Identifier 

Number

Taking and Importing Marine Mammals: Taking Marine Mammals Incidental To Conducting Oil and Gas Exploration

Activities in the Gulf of Mexico 0648-AQ71

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

West Coast Highly Migratory Species, Correcting Amendment 0648-AT32

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 (TEDs) Requirements 0648-AV04

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

South Atlantic Fishery Ecosystem Plan Comprehensive Amendment 0648-AV31

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

Community Development Quota (CDQ) Program 0648-AV33

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

Amendment 17 to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan 0648-AW11

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands 0648-AW15

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: Proposed Rule for 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 CNMI; Longline

Prohibited Area Around the CNMI 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: Proposed Rule for Take of Marine Mammals Incidental to Operations of an LNG

Port Facility in Massachusetts Bay 0648-AW89

Allowable Modifications to the Turtle Excluder Device (TED) 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

Notification of U.S. Fish Quotas and an Effort Allocation in the Northwest Atlantic Fisheries Organization (NAFO)

Regulatory Area 0648-AX35

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-AX70

Fisheries in the Western Pacific; Community Development 0648-AX76

Revisions 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

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

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

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

Revisions to eLandings Regulations 0648-AX97

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

2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures 0648-AY04

Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico Modifying the Bajo de

Sico Seasonal Closure 0648-AY05

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

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

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

2010-2012 Atlantic Herring Fishery Specifications and Management Measures 0648-AY14

Fishing Vessel, Fishing Facility, and Individual Fishing Quota Lending Program Regulations 0648-AY16

Maximized Retention Monitoring Program for Catcher Vessels in the Pacific Whiting Mothership Fishery in the Pacific

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Coast Groundfish Fishery 0648-AY17

Fisheries of the Caribbean, Gulf of Mexico, South Atlantic; Gulf of Mexico Fisheries; 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

Comprehensive Ecosystem Based Amendment 1 0648-AY32

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

Amendment 94 for Bering Sea Modified Nonpelagic Trawl Gear Requirements, St. Matthew Island Habitat Conservation

Area Revision, and Modified Gear Trawl Zone 0648-AY34

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

Regulatory Amendment To Revise Charter Halibut Logbook Submission Requirements 0648-AY38

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

Amendment 86 to the Fishery Management Plan for Gulf of Alaska Groundfish 0648-AY42

Framework 21 to the Atlantic Sea Scallop Fishery Management Plan 0648-AY43

Implement the Regulatory Amendment to the FMP for Queen Conch Resources of Puerto Rico and the U.S. Virgin

Islands 0648-AY45

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

Fishery Management Plan Amendment 95 for Skates Management in the Groundfish Fisheries of the Bering Sea and

Aleutian Islands 0648-AY48

ESA Listing of Nine Distinct Population Segments of Loggerhead Sea Turtles as Endangered or Threatened 0648-AY49

2010 Specifications and Management Measures for the Spiny Dogfish Fishery Management Plan 0648-AY50

Amendment 83 to the FMP for Groundfish of the Gulf of Alaska 0648-AY53

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

Amendment 2; Fishery Management Plan for Queen Conch Fishery of Puerto Rico and U.S. Virgin Islands, and

Amendment 5; Reef Fish Fishery Management Plan of Puerto Rico and 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

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

Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries 0648-AY61

Rulemaking To Designate Critical Habitat for the Endangered Black Abalone 0648-AY62

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

Force Base, Florida 0648-AY64

Amend Regulations to Limit Bering Sea and Aleutian Islands (BSAI) Fixed Gear Catcher Processors Fishing for Pacific

Cod in State of Alaska Parallel Waters 0648-AY65

Regulations To Amend the Civil Procedures 0648-AY66

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

National Oceanic and Atmospheric Administration - Final Rule

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 Marine Mammals Incidental to Navy Low-Frequency Sonar Operations 0648-AR99

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Fisheries of the Northeastern United States; Recordkeeping and Reporting Requirements; Regulatory Amendment To

Modify Seafood Dealer Reporting Requirements; Correction 0648-AU05

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

Mammal Protection Act 0648-AV15

Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch of Protected Living Marine

Resources 0648-AV51

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

Procedure 0648-AV53

Marine Debris Definition 0648-AV68

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

Amendments to the Regulations on Administration and Operation of Fishery Management Councils 0648-AW18

Revise Regulations Governing the North Pacific Groundfish Observer Program 0648-AW24

Amendment 3 to the Northeast Skate Complex Fishery Management Plan 0648-AW30

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

Atlantic Highly Migratory Species; Atlantic Shark Management Measures 0648-AW65

Amendment 16 to the Northeast Multispecies Fishery Management Plan 0648-AW72

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

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

National Monument 0648-AX64

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

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

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

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

Gulf of the Farallones and Monterey Bay National Marine Sanctuaries Technical Corrections 0648-AY20

Reduce Bycatch of Sea Turtles in the Bottom Longline Component of the Gulf of Mexico Reef Fish Fishery 0648-AY21

Removal of Redundant Requirements for the American Fisheries Act Crab Rationalization Program 0648-AY28

Framework Adjustment 44 and Specifications for the Northeast Multispecies Fishery Management Plan 0648-AY29

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

FY 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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
National Oceanic and Atmospheric Administration - Long-term Action

Title

Regulation 

Identifier 

Number

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

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

National Oceanic and Atmospheric Administration - Completed Action

Title

Regulation 

Identifier 

Number

Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries 0648-AS71

Western Pacific Fisheries; Fishery Ecosystem Plans; Regulatory Restructuring 0648-AU71

Modifying Maximum Retainable Amounts (MRAs) for Selected Groundfish Species Caught by the Non-American Fishing

Act Trawl Catcher Processor Sector 0648-AV32

Initial Implementation of the Western and Central Pacific Fisheries Convention Implementation Act 0648-AV63

National Marine Sanctuary Program Regulations on Cruise Ship Discharges 0648-AV86

Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan 0648-AW12

Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to the Pelagics Fishery Management

Plan; Shallow-Set Longline Swordfish Fishery 0648-AW49

Harbor Porpoise Take Reduction Plan Regulations 0648-AW51

Halibut Charter Vessel Moratorium 0648-AW92

Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Control Date; Hawaii Pelagic Charter Fishery 0648-AW98

Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Control Date; CNMI Pelagic Longline Fishery 0648-AX00

Atlantic Highly Migratory Species; 2009 North and South Atlantic Commercial Quotas 0648-AX07

Gray's Reef National Marine Sanctuary Regulations on the Use of Spearfishing Gear 0648-AX37

Fisheries in the Western Pacific; Vessel Identification Requirements 0648-AX38

Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico 0648-AX39

Western and Central Pacific Fisheries for Highly Migratory Species; Implementation of the Longline Catch Limits

Adopted at the Fifth Session of the Western and Central Pacific Fisheries Commission 0648-AX59

List of Fisheries for 2010 0648-AX65

Emergency Rule To Reduce Sea Turtle Bycatch in the Gulf of Mexico Reef Fish Bottom Longline Fishery 0648-AX68

Arctic Fishery Management Plan 0648-AX71

Schedule of Fees for Access to NOAA Environmental Data, Information, and Related Products and Services 0648-AX74

Atlantic Highly Migratory Species (HMS); 2010 Atlantic Shark Quota Specifications 0648-AX95

Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Data Collection for the Trawl Rationalization

Program 0648-AX98

Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan 0648-AY00

Regulatory Amendment To Allow Monkfish Research Set-Aside (RSA) Days-at-Sea (DAS) To Carryover Into

Subsequent Fishing Years 0648-AY01

Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Modifications to Petrale Sole and

Canary Rockfish Harvest Specifications and Management Measures 0648-AY07

Fishing Restrictions in the Longline and Purse Seine Fisheries in the Eastern Pacific Ocean in 2009, 2010, and 2011 0648-AY08

Regulatory Amendment To Authorize the Temporary Possession of Regulated Species for Scientific Purposes 0648-AY09

2010 Atlantic Mackerel, Squid, and Butterfish Fishery Specifications and Management Measures 0648-AY13

Northeast Region Fishing Vessel Regulatory Amendment 0648-AY19

Temporary Rule for Emergency Action: 2009 Black Sea Bass Recreational Fishery Exclusive Economic Zone (EEZ)

Closure (180d) 0648-AY23

Inseason Adjustments to Fishery Management Measures in the Pacific Coast Groundfish Fishery--October 2009 0648-AY30

2010 Pacific Halibut Fisheries; Catch Sharing Plan 0648-AY31

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Fisheries of the Exclusive Economic Zone Off Alaska, Steller Sea Lions; Correction 0648-AY39

Pacific Coast Groundfish Fishery--Inseason Adjustments to 2010 Fishery Management Measures 0648-AY40

Re-Affirming Control Date for Atlantic Squid Catch Share Program 0648-AY44

Patent and Trademark Office - Proposed Rule

Title

Regulation 

Identifier 

Number

Changes in Procedures for Filing Trademark Correspondence by Express Mail or Under a Certificate of Mailing or

Transmission 0651-AC18

Change to Disciplinary Proceeding Hearing 0651-AC31

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

Revision of Patent Fees for Fiscal Year 2011 0651-AC33

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

Patent and Trademark Office - Final Rule

Title

Regulation 

Identifier 

Number

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

Correspondence With the United States Patent and Trademark Office, Office of the General Counsel 0651-AC08

Madrid Technical and Conforming Amendments 0651-AC39

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

Cancellation of Rule of Practice 41.200(b) Before the Board of Patent Appeals and Interferences in Interference

Proceedings 0651-AC46

Patent and Trademark Office - Long-term Action

Title

Regulation 

Identifier 

Number

Changes To Implement Electronic Patent Publication 0651-AC19

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

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

Patent and Trademark Office - Completed Action

Title

Regulation 

Identifier 

Number

Changes to Information Disclosure Statement Requirements and Other Related Matters 0651-AB95

Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility 0651-AB98

Revision to the Time for Filing of a Biological Deposit and the Date of Availability of a Biological Deposit 0651-AB99

Examination of Patent Applications That Include Claims Containing Alternative Language 0651-AC00

Institution of a Fee To File on Paper a Request for Reconsideration of a Final Office Action in a Trademark Case 0651-AC05

Changes to Rules of Practice Before the Board of Appeals and Interferences in Inter Partes Appeals 0651-AC13

Revision of Patent Fees for Fiscal Year 2010 0651-AC22

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Elimination of Issuance of Trademark Registration Certificates in Paper Form 0651-AC25

Fiscal Year 2009 Revision of Request for Continued Examination, 18-Month Publication, and Other Miscellaneous CostRecovery Patent Fees 0651-AC29

Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and

Examination of Claims in Patent Applications 0651-AC36

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

Bureau of Economic Analysis - Proposed Rule

Title

Regulation 

Identifier 

Number

The BE-180 Benchmark Survey of Financial Services Transactions Between U.S. Financial Services Providers and

Foreign Persons 0691-AA73

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

Quarterly Survey of Foreign Direct Investment in the United States: Transactions of U.S. Affiliate With Foreign Parent 0691-AA70

BE-10--2009 Benchmark Survey of U.S. Direct Investment Abroad 0691-AA71

BE-13 Survey of New Foreign Direct Investment in the United States 0691-AA72

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

Short Supply Controls: Crude Oil Exports 0694-AC25

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

Revisions to Defense Priorities and Allocations System Regulations 0694-AE81

Online Registration for Use of the Simplified Network Applications Processing Redesign System 0694-AE83

10

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

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

December 2007 Wassenaar Arrangement Plenary Agreement Implementation: Category 6 (Cameras and Optical

Sensors) of the Commerce Control List; Wassenaar Reporting Requirements 0694-AE30

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 0694-AE58

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

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

Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions 0694-AE71

General Authorization for Exports, Reexports, and Transfers (In-Country) for Secure Destinations, Accelerated

Processing Times 0694-AE73

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

Revisions to the Export Administration Regulations Based on the 2009 Missile Technology Control Regime Plenary

Agreements 0694-AE79

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

Publicly Available Mass Market Encryption and Object Code 0694-AE82

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

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

Clarifications: 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

Revisions to the DPAS Regulation and Associated Notices 0694-AD69

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

11

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

Foreign Direct Products of U.S. Technology 0694-AE27

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

Regulations 0694-AE44

Bureau of Industry and Security - Completed Action

Title

Regulation 

Identifier 

Number

Encryption Simplification: Correction 0694-AE18

Reporting on Offset Agreements in Sales of Weapons Systems or Defense-Related Items to Foreign Countries or

Foreign Firms 0694-AE40

Revisions to License Exception GOV To Provide Authorization for Exports and Reexports of Items for Use on the

International Space Station (ISS) 0694-AE52

Amendments to the Export Administration Regulations (EAR) Based Upon the Accession of Albania and Croatia to

Formal Membership in the North Atlantic Treaty Organization (NATO) 0694-AE62

Amendments To Select Agent Controls in Export Control Classification Number (ECCN) 1C360 on the Commerce

Control List (CCL) 0694-AE67

Addition to the List of Validated End-Users in the People's Republic of China (PRC) 0694-AE70

Removal of Entry From the Entity List: Person Removed Based on Removal Request 0694-AE75

Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Order 12938 0694-AE76

Authorization Validated End-User: Amendment to Existing Validated End-User Authorizations in the People's Republic of

China (PRC) and India 0694-AE77

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

Policy Interests of the United States; and Entry Modified for Clarification 0694-AE78

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-AE84

Implementation of Both the Understandings Reached at the September 2009 Australia Group (AG) Plenary Meeting and

a Decision Adopted Under the AG Intersessional Silent Approval Procedures 0694-AE85

Department of Commerce (DOC) 

General Administration ( ADMIN ) RIN: 0605-AA26

 View Related Documents

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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 48 CFR 1300 to 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

NPRM 04/00/2010 

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.

12

Regulations.gov Monday, April 26, 2010 Unified Agenda
Washington , DC 20230 

Phone: 202 482-3483 

E-Mail: vevans@doc.gov

Department of Commerce (DOC) 

General Administration ( ADMIN ) RIN: 0605-AA28

 View Related Documents

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

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

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

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

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

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

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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 09/00/2010 

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) 

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

 View Related Documents

Title: Procedure for Requesting a Population Estimates Review and Update

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

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

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

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

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

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

Major: No Unfunded Mandates: No

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

13

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AA35

 View Related Documents

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

Abstract: The Bureau of the Census (Census Bureau) 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.gov

Department of Commerce (DOC) 

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

14

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Establishment of the 2010 Census Redistricting Program

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

program provides States with the opportunity to specify the small geographic areas that 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) 

Bureau of the Census ( CENSUS ) RIN: 0607-AA48

 View Related Documents

Title: Foreign Trade Regulations: Eliminate the Social Security Number as an Identification Number in the Automated Export

System

Abstract: The Census Bureau is amending the Foreign Trade Regulations to eliminate the requirement to report a Social

Security Number (SSN) as an identification number when registering to file and filing electronic export information in the

Automated Export System (AES) or AESDirect. Under the current regulations, USPPIs and U.S. authorized agents who reside or

have an office located in the United States are required to enter an Employer Identification Number (EIN), SSN, or Dun and

Bradstreet Number (DUNS) when reporting export transactions in the AES. Under this amendment, if a USPPI or U.S.

authorized agent residing in the United States does not have an EIN or DUNS, the USPPI or U.S. authorized agent must obtain

an EIN through the Internal Revenue Service's (IRS) website. This amendment is being implemented to ensure that a USPPI's

or U.S. authorized agent's personal information, such as its SSN, is protected in accordance with the Privacy Act of 1974, title 5,

United States Code, section 552a.

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

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 and 307

Legal Deadline: None

Timetable:

Action Date FR Cite

15

Regulations.gov Monday, April 26, 2010 Unified Agenda
Interim Final Rule 08/05/2009 74 FR 38914 

Interim Final Rule Comment Period End 10/05/2009 

Final Action 02/22/2010 75 FR 7546 

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-AA49

 View Related Documents

Title: Temporary Suspension of the Population Estimates Challenge Program

Abstract: Beginning on February 1, 2010, the Census Bureau will temporarily suspend the Population Estimates Challenge

Program and indefinitely suspend the Per Capita Income Estimates Challenge Program (also known as Procedure for

Challenging Certain Population and Income Estimates; 15 CFR 90) during the decennial census year and the year following it to

accommodate the taking of the 2010 Census. During this time, the Census Bureau will not provide the operations necessary to

review the July 1, 2009, population or per capita income estimates for State and other general-purpose governments, such as

cities, towns, and villages. The Population Estimates Challenge Program will resume in 2012 as the program begins operations

based upon the results of the 2010 Census. The Per Capita Income Estimates Challenge Program will be suspended with a

rulemaking initiated to remove those regulations from the Code of Federal Regulations. This final rule notice also summarizes

the comments received on the October 7, 2009, Federal Register notice (74 FR 51526) requesting comments on the proposed

Temporary Suspension of the Population Estimates and Income Estimates Challenge Programs.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 13 USC 4

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/07/2009 74 FR 51526 

NPRM Comment Period End 11/06/2009 

Final Rule 01/02/2010 75 FR 44 

Final Rule Effective 02/03/2010 

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

Small Entities Affected: No 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

16

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

Economic Development Administration ( EDA ) RIN: 0610-AA64

 View Related Documents

Title: Revisions to the Trade Adjustment Assistance for Firms Program Regulations and Other EDA Regulations

Abstract: The Economic Development Administration (EDA) is taking this action to amend some of its regulations, namely the

Trade Adjustment Assistance for Firms (TAA) regulations and the Revolving Loan Fund (RLF) regulations. The technical

revisions to a few of the TAA definitions were made to help better align EDA's responsibilities in implementing the TAA program

under the Trade Act. We made a number of changes to the RLF regulations in line with our commitment to implement the Office

of the Inspector General's audit recommendations and to improve the administration and effectiveness of the RLF program.

EDA staff highlighted these proposed changes at mandatory training sessions for all EDA RLF recipients. Among the major

changes discussed were the switch to a Web-based semi-annual reporting form that will eliminate redundant and calculable

fields; the requirement that RLF grantees submit updated RLF Plans at least once every 5 years; the pegging of the minimum

interest rate to commercial interest rates in order to ensure RLF grantees can lend when commercial interest rates are low; and

simplification of record retention requirements. Additionally, this action would make nonsubstantive revisions, such as the

correction of typographical or grammatical errors and the addition of clarifying language, to other parts of EDA's regulations

codified at 13 CFR chapter III.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 13 CFR 300 to 305; 13 CFR 307 and 308; 13 CFR 310; 13 CFR 314 and 315 (To search for a specific CFR,

visit the Code of Federal Regulations ) 

Legal Authority: 19 USC 2341 to 2355; 19 USC 2391; 42 USC 3121

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 10/22/2008 73 FR 62858 

Interim Final Rule Comment Period End 12/22/2008 

Final Rule 01/27/2010 75 FR 4259 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Otto B. Bird

Chief Counsel

Department of Commerce

Economic Development Administration

Office of the Chief Counsel 1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-4687 

FAX: 202 482-5671

E-Mail: bbird@eda.doc.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA81

 View Related Documents

Title: Foreign-Trade Zones in the United States

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

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

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

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

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

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

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

17

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 11/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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

 View Related Documents

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

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

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

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

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

reviews. Specifically, the Department would amend 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; provide deadlines for

certain submissions; clarify the information to be provided by parties participating in a sunset review; clarify when the

Department will conduct a 120-day or a 240-day sunset review; and provide 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 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

18

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 Documents

Title: 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 

Final Action 11/00/2010 

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

 View Related Documents

Title: Canadian Softwood Lumber Import Licensing System

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

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

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

19

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: James Terpstra 

Supervisory International Trade Compliance Analyst

Department of Commerce

International Trade Administration

1401 Constitution Avenue NW.

Washington , DC 20230 

Phone: 202 482-3965 

FAX: 202 482-4001

E-Mail: james_terpstra@ita.doc.gov

Department of Commerce (DOC) 

International Trade Administration ( ITA ) RIN: 0625-AA77

 View Related Documents

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

Abstract: The International Trade Administration 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 06/00/2010 

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

20

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

 View Related Documents

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 06/00/2010 

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-AA59

 View Related Documents

Title: Commercial Availability of Fabric and Yarn

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

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

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

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

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

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

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

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

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

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

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

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

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

21

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AY15

 View Related Documents

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

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

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

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

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

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

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: PreRule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1371 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 05/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

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

be of international interest.

Agency Contact: Kristy Long 

Fisheries Biologist

Department of Commerce

22

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AY63

 View Related Documents

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

Facilities in the U.S. Beaufort Sea

Abstract: In November 2009, the National Marine Fisheries Service (NMFS) received an application from BP Exploration

(Alaska) Inc. (BPXA) for the promulgation of regulations and subsequent issuance of Letters of Authorization (LOAs) to take

individuals of six species of marine mammals incidental to operation of offshore oil and gas facilities in the U.S. Beaufort Sea,

Alaska, over the course of 5 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: PreRule

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 04/00/2010 

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-AY67

 View Related Documents

Title: Establish Control Dates for the Gulf of Mexico King and Spanish Mackerel Fisheries

Abstract: This notice would inform 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

23

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 would be June 30,

2009, and for Spanish mackerel the date would be 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: PreRule

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

ANPRM 03/15/2010 75 FR 12170 

ANPRM 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 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-AQ71

 View Related Documents

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 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: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1371(a)(5)(A)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2010 

NPRM Comment Period End 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

24

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AR63

 View Related Documents

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 the

shore-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 05/00/2010 

NPRM Comment Period End 07/00/2010 

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

25

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

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

 View Related Documents

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

Recommendations by the Atlantic States Marine Fisheries Commission

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

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

recommended for Federal implementation by the Atlantic States Marine Fisheries Commission (ASFMC), 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 

NPRM 05/00/2010 

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-AT32

 View Related Documents

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: 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

26

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Mark Helvey 

Assistant Regional Administrator for Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

501 West Ocean Boulevard

Long Beach , CA 90802 

Phone: 562 980-4040 

FAX: 562 980-4047

E-Mail: mark.helvey@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AT78

 View Related Documents

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 05/00/2010 

NPRM Comment Period End 06/00/2010 

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

27

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AT81

 View 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, NMFS

is 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 05/00/2010 

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

 View Related Documents

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 ) 

28

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

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-AT83

 View Related Documents

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 05/00/2010 

NPRM Comment Period End 06/00/2010 

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

29

Regulations.gov Monday, April 26, 2010 Unified Agenda
E-Mail: jim.lecky@noaa.gov

Department of Commerce (DOC) 

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

 View Related Documents

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 action

encompasses 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 05/00/2010 

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-AU96

 View Related Documents

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 ) 

30

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

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 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-AV00

 View Related Documents

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 

Proposed Rule 05/00/2010 

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

31

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

 View Related Documents

Title: Potential Revisions to the Turtle Excluder Device (TEDs) 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 and 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 

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Federal; State

Small Entities 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-AV12

 View Related Documents

Title: High Seas Fishing Compliance Act (HSFCA); Amendment of Regulations

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

32

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 10/00/2010 

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.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV31

 View Related Documents

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 gear

limitations, such as the establishment of allowable trawl areas; and (3) other possible actions necessary to implement

ecosystem-based fishery management.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy Crabtree 

Regional Administrator, Southeast Region

Department of Commerce

33

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AV33

 View Related Documents

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

Community Development Quota (CDQ) Program

Abstract: NMFS proposes to amend regulations that govern fisheries managed under the Western Alaska Community

Development Quota (CDQ) Program. These revisions are needed to comply with changes made to the Magnuson-Stevens

Fishery Conservation and Management Act (Magnuson-Stevens Act) in 2006. Affected fisheries include the halibut CDQ, fixed

gear sablefish CDQ, and pollock CDQ fisheries. Proposed regulatory 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 (IFQs)

or cooperative allocations. In addition, NMFS proposes to remove or revise CDQ Program regulations that now are inconsistent

with the Magnuson-Stevens Act, including regulations associated with the CDQ allocation process and oversight of how the

CDQ managing organizations spend money.

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 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

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

 View Related Documents

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

Permits

34

Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: In conformance with 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, 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 05/00/2010 

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

 View Related Documents

Title: Confidentiality of Information

Abstract: This rule would revise 50 CFR Part 600 Subpart E to conform with 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, and 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

35

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 11/00/2010 

NPRM Comment Period End 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

 View Related Documents

Title: Marine Mammal Protection Act Permit Regulation Revisions

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

216) governing the issuance of permits for scientific research and enhancement activities under Section 104 of the Marine

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

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

transferring marine mammal parts, possibly apply the General Authorization (GA) to research activities involving Level A

harassment of 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 05/00/2010 

Regulatory Flexibility Analysis

Required: Governmental Jurisdictions; Organizations

Government Levels Affected: Federal; Local; State;

Tribal

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 

36

Regulations.gov Monday, April 26, 2010 Unified Agenda
FAX: 301 713-2521

E-Mail: michael.payne@noaa.gov

Department of Commerce (DOC) 

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

 View Related Documents

Title: 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 09/00/2010 

NPRM Comment Period End 11/00/2010 

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

 View Related Documents

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: None

37

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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

 View Related Documents

Title: Regulations on Conducting Interagency Consultation Pursuant to the National Marine Sanctuaries

Abstract: Section 304(d) of the National Marine Sanctuaries Act requires federal agencies to consult with the Secretary of

Commerce for any action that is likely to injure, cause the loss of, or destroy any sanctuary resource. This rulemaking would

consider the need to have regulations to provide additional specificity regarding the procedures for conducting this consultation

process.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 05/00/2010 

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

38

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

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

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

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

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

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

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

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

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

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

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

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

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

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

 View Related Documents

Title: Measures to Limit Fishing in the Northwestern Hawaiian Islands

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

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

authorized fisheries managed under those plans. The modification will bring Federal fishery regulations under the MagnusonStevens Act into compliance with the 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

39

Regulations.gov Monday, April 26, 2010 Unified Agenda
NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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-AW11

 View Related Documents

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: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: Business 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-AW15

40

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

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: 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 10/11/2007 72 FR 58057 

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Action 08/00/2010 

Regulatory Flexibility Analysis Required: Business;

Organizations 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-AW22

 View Related Documents

Title: Marine Mammal Protection Act Stranding Regulation Revisions

Abstract: The National Marine Fisheries Service (NMFS) is considering proposing 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 ) 

41

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 05/00/2010 

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: NOAA

Agency Contact: David Cottingham Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2322 Extension: 101 

FAX: 301 713-2521

E-Mail: david.cottingham@noaa.gov

Department of Commerce (DOC) 

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

 View Related Documents

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

Management Plan; Framework Process

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

fishing effort and harvest requirements for pelagic fisheries.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 05/00/2010 

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

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

42

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

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

 View Related Documents

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

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

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

efficiency.

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

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 05/00/2010 

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 Documents

Title: Take and Import Marine Mammals: Proposed Rule for Take of Marine Mammals Incidental to Routine Operations of 13

Power Generating Stations in Central and Southern California

Abstract: 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.

43

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 05/00/2010 

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

 View Related Documents

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. Amendment 19 to the Fishery Management Plan for the

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 larger 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 05/00/2010 

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW67

 View Related Documents

Title: Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Prohibited Areas Around Guam and the CNMI; Longline

Prohibited Area Around the CNMI

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 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 05/00/2010 

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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 Documents

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

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

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

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

Major: No Unfunded Mandates: No

45

Regulations.gov Monday, April 26, 2010 Unified Agenda
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: Undetermined 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

 View Related Documents

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 

Notice of Intent Comment Period End 06/30/2008 

NPRM 05/00/2010 

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

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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

 View Related Documents

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 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 05/00/2010 

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

 View Related Documents

Title: Take and Import of Marine Mammals: Proposed Rule for 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

47

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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 05/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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

 View Related Documents

Title: Allowable Modifications to the Turtle Excluder Device (TED) Requirements

Abstract: NMFS proposes to revise the 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 05/00/2010 

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AW95

 View 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 05/00/2010 

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

 View Related Documents

Title: Amendment 11 to the Atlantic Mackerel, Squid, Butterfish Fishery Management Plan

Abstract: Amendment 11 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 MagnusonStevens 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

49

Regulations.gov Monday, April 26, 2010 Unified Agenda
CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 08/11/2008 73 FR 46590 

Notice of Intent Comment Period End 09/10/2008 

NPRM 05/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined

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-AX09

 View Related Documents

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

Liquefied Natural Gas Facility off Massachusetts

Abstract: On December 27, 2007, the National Marine Fisheries Service (NMFS) received an application from Neptune LNG

LLC (Neptune) for an incidental harassment authorization and regulations, under sections 101(a)(5)(D) and (A) of the MMPA,

respectively, to take small numbers of several species of marine mammals, by Level B harassment, for a period of 1 year,

incidental to construction of the Neptune offshore LNG facility and for a period of 5 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 USCG released a Final Environmental Impact Statement (EIS) 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 05/00/2010 

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

50

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

 View Related Documents

Title: Provide Guidance for the Limited Access Privilege Program Provisions of the Magnuson-Stevens Fishery Conservation

and Management Reauthorization Act of 2006

Abstract: This rule will provide regions with interpretive guidance on the use of Limited Access Privilege Programs 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 05/00/2010 

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-AX35

 View Related Documents

Title: Notification of U.S. Fish Quotas and an Effort Allocation in the Northwest Atlantic Fisheries Organization (NAFO)

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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 219 (To search for a specific CFR, visit the Code of Federal Regulations ) 

51

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Authority: 16 USC 1371

Legal Deadline: None

Timetable:

Action Date FR Cite

Notification of Quota 11/03/2008 73 FR 65296 

NPRM 05/00/2010 

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: 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-AX36

 View Related Documents

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

Commercial Fishing Technology That Has Marine Mammal Bycatch

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

Biological Diversity and Turtle Island Restoration Network, 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

52

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

 View Related Documents

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

Regulations

Abstract: The proposed 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

Notice of Availability 05/00/2010 

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Notice of Availability Comment Period End 07/00/2010 

Final Rule 11/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX48

 View Related Documents

Title: Revision of Shoreside Processor and Stationary Floating Crab Processor Crab Economic Data Reports (EDRs)

Abstract: Crab economic data reports (EDRs) were created to aid the North Pacific Fishery Management Council and NMFS

to assess the success of the Crab Rationalization (CR) Program. An EDR contains cost, revenue, ownership, and employment

data. These data are collected annually from the crab harvesting and processing sectors, including owners and lessees of

catcher vessels, catcher/processors, shoreside processors, and stationary floating crab processors. The data are used to study

the economic impacts of the CR Program on harvesters, processors, and communities. With limited exceptions, participation in

53

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 proposed action would amend regulations in 50 CFR part

680 that govern the requirements for an annual EDR. Currently, the 680 regulations state that on or before June 28 of each

year, any owner or leaseholder of a stationary floating crab processor (SFCP) or shoreside processor that processed crab from

a CR fishery must submit an EDR for annual data for the previous calendar year. A problem exists with this regulatory language

that results in exempting a few crab processors from the EDR requirement that shouldn't be exempt. A few SFCP or shoreside

processor owners or leaseholders with substantial shares of crab IPQ "purchase" crab but do not "process" the crab; they have

it all custom processed. These participants incur a number of substantial costs and revenues, which go unreported because

they avoid the "processing" trigger in the regulations. This rule would correct this by replacing the word "processed" with

"purchased" in paragraphs 680.6(f)(1) and 680.6(h)(1).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 05/00/2010 

Final Rule 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Rule Effective 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

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

 View Related Documents

Title: Trade Monitoring Procedures for Fishery Products

Abstract: NMFS is revising procedures to monitor international trade in certain fishery products to meet requirements of the

SAFE Ports Act, the Magnuson-Stevens Act, other applicable statutes, and obligations that arise from U.S. participation in

regional fishery management organizations. Specifically, NMFS intends to integrate its trade monitoring programs within the

Governmentwide International Trade Data System and to require electronic information collection through the automated

Internet portal maintained by Customs and Border Protection.

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:

54

Regulations.gov Monday, April 26, 2010 Unified Agenda
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: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

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

be of international interest.

Agency Contact: Christopher Rogers 

Division Chief

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-9090 Extension: 117 

FAX: 301 713-9106

E-Mail: christopher.rogers@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX70

 View Related Documents

Title: Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 5

Abstract: In general, the goals of the amendment are to bring the 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 11/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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

55

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX76

 View Related Documents

Title: Fisheries in the Western Pacific; Community Development

Abstract: NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the

American Samoa Fishery Ecosystem Plan (FEP), Hawaii FEP, Marianas FEP and western Pacific Pelagic FEP. If approved by

the Secretary of Commerce (Secretary), the amendment, which is identical for all four FEPs, would establish a process and

criteria for western Pacific communities to submit community development plans under the western Pacific community

development program authorized by the Magnuson Stevens Fishery Conservation and Management Act (Magnuson-Stevens

Act). The intent of this action is to promote the participation of western Pacific communities in fisheries 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 barriers.

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 05/00/2010 

Notice of Availability 05/00/2010 

NPRM Comment Period End 06/00/2010 

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-AX78

 View Related Documents

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

Alaska

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

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

fishing and processing operations concerning permit conditions and requirements.

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

Major: No Unfunded Mandates: No

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

Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

56

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Rule 11/00/2010 

Final Rule Effective 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: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX79

 View Related Documents

Title: Changes to National Marine Sanctuary Regulations on Overflights

Abstract: This rule amends the regulations of the Channel Islands, Monterey Bay, Gulf of the Farallones, and Olympic Coast

national marine sanctuaries to clarify the intent of the regulations governing overflights (to prohibit the harassment of marine

mammals or seabirds by flying motorized aircraft below certain altitudes within the boundaries of the listed sanctuaries, subject

to civil penalties) and to meet Federal Aviation Administration (FAA) requirements for placement on FAA aeronautical charts.

Including a reference to the sanctuary overflight regulations on aeronautical charts will provide appropriate notice to pilots and

ensure the protection of resources under NOAA's stewardship.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

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 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX82

 View Related Documents

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

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

Abstract: The 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: 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: 

Action Source Description Date

NPRM Statutory 01/00/2010 

Timetable:

Action Date FR Cite

Notice of Intent 04/17/2009 74 FR 17818 

NPRM 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities 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-AX89

 View Related Documents

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

58

Regulations.gov Monday, April 26, 2010 Unified Agenda
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: 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 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 11/00/2010 

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: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX91

 View Related Documents

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

Halibut and Sablefish Fixed Gear Individual Fishing Quota Program

Abstract: This action 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: Proposed Rule

59

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 (Halibut Act)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Rule 11/00/2010 

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: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX97

 View Related Documents

Title: Revisions to eLandings Regulations

Abstract: NMFS implemented an interagency electronic reporting system with a data entry component, eLandings, for

reporting Bering Sea and Aleutian Islands crab in March 2005 and groundfish in December 2008. Using the eLandings 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 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Rule 11/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

60

Regulations.gov Monday, April 26, 2010 Unified Agenda
Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY03

 View Related Documents

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 EEZ,

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: Undetermined

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 11/00/2010 

NPRM Comment Period End 12/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: sero.nmfs.noaa.gov

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-AY04

 View Related Documents

Title: 2010 Summer Flounder, Scup, and Black Sea Bass Recreational Management Measures

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: This action will propose and implement 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: 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 05/00/2010 

NPRM Comment Period End 06/00/2010 

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-AY05

 View Related Documents

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: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

62

Regulations.gov Monday, April 26, 2010 Unified Agenda
Small Entities 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-AY06

 View Related Documents

Title: Fisheries Off West Coast States and in the Western Pacific; Klamath River Fall Chinook Salmon Rebuilding Plan

Abstract: This action would adopt a rebuilding plan for the Klamath River fall Chinook salmon (KRFC) stock, which failed to

meet conservation objectives specified in the Fishery Management Plan for the three year period 2004-2006.

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

Major: Undetermined 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 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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-AY10

 View Related Documents

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 1950s and 1960s, continued decline

during the 1970s, 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

63

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 requires 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 Limit (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 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: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: 

Action Source Description Date

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

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Action 07/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: sero.nmfs.noaa.gov

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-AY11

 View Related Documents

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: Proposed Rule

Major: No Unfunded Mandates: No

64

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 05/00/2010 

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Notice of Availability Comment Period End 07/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: sero.nmfs.noaa.gov

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-AY12

 View Related Documents

Title: Amendment 3 to the Spiny Dogfish Fishery Management Plan

Abstract: The New England and Mid-Atlantic Fishery Management Councils (Councils) announce their intention to prepare,

in cooperation with NMFS, an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act

to assess potential effects on the human environment of alternative measures to address several issues regarding the Spiny

Dogfish Fishery Management Plan (FMP). Issues that may be addressed include: initiating a Research Set-Aside provision;

specifying the spiny dogfish quota and/or possession limits by sex; adding a recreational fishery to the FMP; identifying

commercial quota allocation alternatives; and establishing a limited access fishery.

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

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Intent 07/29/2009 74 FR 39063 

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Action 11/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

65

Regulations.gov Monday, April 26, 2010 Unified Agenda
Small Entities Affected: Business; Organizations 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-AY14

 View Related Documents

Title: 2010-2012 Atlantic Herring Fishery Specifications and Management Measures

Abstract: NMFS takes this action to implement specifications for the 2010-20112 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: 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 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined

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-AY16

 View Related Documents

Title: Fishing Vessel, Fishing Facility, and Individual Fishing Quota Lending Program Regulations

66

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 the Federal Credit Reform Act.

Additionally, FFP maintains fixed interest rates that are comparable to those of private sector lenders; however the FFP allows

borrowers to prepay without penalty and may carry longer repayment periods that are more advantageous to borrowers. The

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: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 253 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1853a(g); 46 USC 53701 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

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-AY17

 View Related Documents

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

67

Regulations.gov Monday, April 26, 2010 Unified Agenda
NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

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

 View Related Documents

Title: Fisheries of the Caribbean, Gulf of Mexico, South Atlantic; Gulf of Mexico Fisheries; Generic Amendment for Annual

Catch Limits

Abstract: The generic amendment is intended to modify five of the Council's Fishery Management Plan (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 the Scientific and Statistical Committee and the

Southeast Fisheries Science Center. NMFS, in collaboration with the Council, will develop a DEIS 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 11/00/2010 

NPRM Comment Period End 12/00/2010 

Regulatory Flexibility Analysis Required: Business 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

68

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY24

 View Related Documents

Title: Fisheries in the Western Pacific; Pelagic Fisheries; American Samoa Longline Limited Entry Permits

Abstract: NMFS takes this action to modify the requirements for participating in the American Samoa limited entry longline

fishery to reopen the application process to allow additional opportunities to apply for permits, consistent with the initial criteria,

and 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 07/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Public Comment URL: www.regulation.gov

Agency Contact: Alvin Katekaru 

Assistant Regional Administrator, Sustainable Fisheries

Department of Commerce

National Oceanic and Atmospheric Administration

1601 Kapiolani Boulevard

Honolulu , HI 96814 

Phone: 808 944-2207 

FAX: 808 973-2941

E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY26

 View Related Documents

Title: Amendment 14 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

Abstract: The purpose of Amendment 14 is to consider catch shares in the Loligo and Illex fisheries and

monitoring/mitigation for river herring bycatch in mackerel, squid and butterfish (MSB) fisheries.

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

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 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

69

Regulations.gov Monday, April 26, 2010 Unified Agenda
NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Federalism: Undetermined

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

 View Related Documents

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 06/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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-AY32

 View Related Documents

Title: Comprehensive Ecosystem Based Amendment 1

70

Regulations.gov Monday, April 26, 2010 Unified Agenda
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: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 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 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

Small Entities 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-AY33

 View Related Documents

Title: Amendment 34 to the Fishery Management Plan for the Bering Sea/Aleutian Islands King and Tanner Crabs

Abstract: Amendment 34 to the FMP 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:

71

Regulations.gov Monday, April 26, 2010 Unified Agenda
Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY34

 View Related Documents

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: 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 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Action 12/00/2010 

Final Action Effective 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

72

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY35

 View Related Documents

Title: Flower Garden Banks National Marine Sanctuary Regulations

Abstract: The National Oceanic and Atmospheric Administration takes this action to amend the regulations implementing the

Flower Garden Banks National Marine Sanctuary (FGBNMS or sanctuary) to improve vessel and user safety, protect sanctuary

resources and property from user impacts, and update pollution discharge language. As part of these modifications, NOAA

would: add a requirement for vessels with passengers engaged in the activity of diving to use the "alpha" dive flag while divers

are in the water; add a requirement that vessels maintain a minimum distance of 50 feet between vessels with dive flags and

operate at safe speeds within 150 feet of buoys and vessels flying dive flags; update the discharge regulations to only allow

discharges of clean water incidental to vessel operations and clean effluent from an operable Type I and II marine sanitation

device (MSD) and require that vessel operators lock all MSDs in a manner that prevents discharge or deposit of untreated

sewage; increase protection to rays and whale sharks from physical harm by adding a prohibition on attracting, touching, or

altering the behavior of these animals; add a prohibition on damaging or moving sanctuary property, including mooring buoys

and scientific equipment among other things; and make technical corrections to update references to paragraphs.

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 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined

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

 View Related Documents

Title: Fisheries in the Western Pacific; Pelagic Fisheries; Purse Seine Fishing With Fish Aggregation Devices

Abstract: The Western Pacific Council is amending the Pelagics Fishery Ecosystem Plan (FEP) to (1) define fish aggregating

devices (FADs) as purposefully-deployed or instrumented floating objects, (2) require FADs to be registered, and (3) prohibit

purse seine fishing using FADs in the U.S. EEZ of the western Pacific. The objective of this action is to appropriately balance

the needs and concerns of the western Pacific pelagic fishing fleets and associated fishing communities with the conservation of

tuna stocks in the western Pacific.

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

Major: No Unfunded Mandates: No

73

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 07/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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-AY38

 View Related Documents

Title: Regulatory Amendment To Revise Charter Halibut Logbook Submission Requirements

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: 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 2431 et seq; 31 USC 9701 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

74

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY41

 View Related Documents

Title: Addendum IV to the Weakfish Interstate Management Plan--Bycatch Trip Limit

Abstract: NMFS takes this action to 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: 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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

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-AY42

 View Related Documents

Title: Amendment 86 to the Fishery Management Plan for Gulf of Alaska Groundfish

Abstract: This action adds 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: 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

75

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY43

 View Related Documents

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: 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 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

76

Regulations.gov Monday, April 26, 2010 Unified Agenda
FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY45

 View Related Documents

Title: Implement the Regulatory Amendment to the FMP 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: Proposed Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities 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-AY46

 View Related Documents

Title: Fisheries in the Western Pacific; Pelagic Fisheries; Territorial Longline Bigeye Tuna Catch Limit and Allocation

Abstract: This action amends the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific (FEP) to establish

catch limits for bigeye tuna caught on longlines for American Samoa, Guam, and the Northern Mariana Islands (collectively, the

territories); provide the territories limited authority under the FEP to allocate longline bigeye catch limits; and establish criteria for

integrating chartered vessels with a territory's domestic fleet. The amendment intends to recognize, implement, and manage the

special provisions and responsibilities of the territories under the Western and Central Pacific Fisheries Commission's

Conservation and Management Measure 2008-01, to reduce fishing mortality on bigeye tuna, while ensure responsible fishing.

77

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 07/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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-AY48

 View Related Documents

Title: Fishery Management Plan Amendment 95 for Skates Management in the Groundfish Fisheries of the Bering Sea and

Aleutian Islands

Abstract: NMFS proposes regulations to implement Amendment 95 to the Fishery Management Plan for Groundfish of the

Bering Sea and Aleutian Islands Management Area (FMP). If approved, Amendment 95 would move skates from the "other

species" category to the target species list in the FMP. By listing skates as target species, a directed fishery for skates in the

Bering Sea and Aleutian Islands Management Area (BSAI) may be managed to reduce the potential for overfishing skates. This

proposed action is intended to promote the goals and objectives 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 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

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Action 11/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY49

 View Related Documents

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: 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 1531 to 1543; 16 USC 1361

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 03/16/2010 75 FR 12597 

NPRM Comment Period End 06/14/2010 

Final Action 08/00/2010 

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-AY50

 View Related Documents

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

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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: 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 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Action 11/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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-AY53

 View Related Documents

Title: Amendment 83 to the FMP 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 to

reduce 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 11/00/2010 

Notice of Availability 11/00/2010 

NPRM Comment Period End 12/00/2010 

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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

 View Related Documents

Title: Designation of Critical Habitat for the North Atlantic Right Whale

Abstract: In June 1970, the Northern right whale was listed as endangered under the Endangered Species Conservation Act,

the precursor to the Endangered Species Act (ESA)(35 FR 8495; codified at 50 CFR 17.11). Subsequently, right whales were

listed as endangered under the ESA in 1973, and as depleted under the Marine Mammal Protection Act (MMPA) the same year.

In 1994, NMFS designated critical habitat for the Northern right whale, a single species thought at the time to include right

whales in both the North Atlantic and the North Pacific. In 2006, NMFS published a comprehensive right whale status review

that concluded that recent genetic data provided unequivocal support to distinguish three right whale lineages (including the

southern right whale) as separate phylogenetic species (Rosenbaum et al. 2000). Rosenbaum et al. (2000) concluded that the

right whale should be regarded as the following three separate species: (1) The North Atlantic right whale (Eubalaena glacialis)

ranging in the North Atlantic Ocean; (2) the North Pacific right whale (Eubalaena japonica), ranging in the North Pacific Ocean

and (3) the southern right whale (Eubalaena australis), historically ranging throughout the southern hemisphere's oceans. Based

on these findings, NMFS published a proposed and final determination listing right whales in the North Atlantic and North Pacific

as separate endangered species under the ESA (71 FR 77704, 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

Timetable:

Action Date FR Cite

NPRM 06/00/2010 

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 

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FAX: 301 427-2523

E-Mail: marta.nammack@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY55

 View Related Documents

Title: Amendment 2; Fishery Management Plan for Queen Conch Fishery of Puerto Rico and U.S. Virgin Islands, and

Amendment 5; Reef Fish Fishery Management Plan of Puerto Rico and U.S. Virgin Islands

Abstract: The Magnuson-Stevens Fishery Conservation and Management Act (MSRA: Pub. L. 94-265), as amended through

January 12, 2007, requires the establishment of annual catch limits (ACLs) and accountability measures (AMs) during 2010 for

all species that are considered to be overfished or undergoing overfishing. The present amendment is being promulgated to

meet those MSRA mandates as well as to establish framework procedures with which to effect future changes to the

management plan and to restructure the fisheries management units for grouper and snapper. Various alternatives are included

in the draft amendment, including maintenance of the status quo for each action as well as various alternatives regarding the

year-sequences used to establish ALCs and the strategies to be employed to account for overages and to respond to needed

changes in management methods.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: Federal

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-AY56

 View Related Documents

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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: Undetermined Unfunded Mandates: Undetermined

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 02/02/2010 75 FR 5282 

NPRM 11/00/2010 

NPRM Comment Period End 12/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities 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-AY57

 View Related Documents

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: Proposed Rule

Major: No Unfunded Mandates: Undetermined

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 05/00/2010 

NPRM Comment Period End 06/00/2010 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities 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-AY58

 View Related Documents

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 recertify 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 2 BRDs for 2 additional years from the date of publication of the final rule in the

Federal Register.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities 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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY59

 View Related Documents

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.

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 03/12/2010 75 FR 11829 

NPRM Comment Period End 04/02/2010 

Final Action 05/00/2010 

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

 View Related Documents

Title: Fisheries Off West Coast States; West Coast Salmon Fisheries; 2010 Management Measures

Abstract: This final rule implements the 2010 annual management measures as approved by NMFS.

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 1854

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations

Government Levels Affected: Federal; Local; State;

Tribal

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AY61

 View Related Documents

Title: Reduce Sea Turtle Bycatch in Atlantic Trawl Fisheries

Abstract: NMFS is initiating a rulemaking action to reduce injury and mortality to endangered and threatened sea turtles

resulting from incidental take, or bycatch, in trawl fisheries in the Atlantic waters. NMFS will likely address the size of the turtle

excluder device (TED) escape opening currently required in the summer flounder trawl fishery, the definition of a summer

flounder trawler and the use of TEDS in this fishery; the use of TEDs in the croaker and weakfish flynet, whelk, Atlantic sea

scallop, and calico scallop trawl fisheries of the Atlantic Ocean; and new seasonal and temporal boundaries for TED

requirements. In addition, this rule will address the definition of the Gulf Area applicable to the shrimp trawl fishery in the

southeast Atlantic and Gulf of Mexico. The purpose of the rule is to aid in the protection and recovery of listed sea turtle

populations by reducing mortality in trawl fisheries through the use of TEDs.

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

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 200 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1531 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

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-AY62

 View Related Documents

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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 Endangered Species Act

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2010 

NPRM Comment Period End 12/00/2010 

Final Action 05/00/2011 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

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-AY64

 View Related Documents

Title: Taking and Importing Marine Mammals; Naval Explosive Ordinance 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 5-year

period. NMFS issued an Incidental Harassment Authorization (IHA) for almost identical activities in 2005, 2006, 2007, and 2008.

The past missions have been delayed due to safety issues concerning bringing demolition charges under a bridge and no

missions have occurred to date under any of the IHAs. NEODS missions would involve underwater detonations of small, live

explosive charges adjacent to inert mines. The NEODS training activities are classified as military readiness activities. The U.S.

Air Force states that noise associated with underwater detonation of the specified explosive charges may expose bottlenose

dolphins in the area to noise and pressure resulting in non-injurious temporary threshold shift.

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

87

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: 

Action Source Description Date

NPRM Statutory 16 USC 1361 et seq 10/01/2010 

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 06/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: Undetermined

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-AY65

 View Related Documents

Title: Amend Regulations to Limit Bering Sea and Aleutian Islands (BSAI) Fixed Gear Catcher Processors Fishing for Pacific

Cod in State of Alaska Parallel Waters

Abstract: NMFS proposes a regulatory amendment that would 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’s 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 federally

permitted 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 05/00/2010 

NPRM Comment Period End 06/00/2010 

Final Rule 09/00/2010 

Final Rule effective 10/00/2010 

88

Regulations.gov Monday, April 26, 2010 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY66

 View Related Documents

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: Proposed Rule

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 note; 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 seq; 16 USC 916 to 916i; 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 05/00/2010 

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.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY68

 View Related Documents

89

Regulations.gov Monday, April 26, 2010 Unified Agenda
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) if approved.

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: 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 10/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined 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 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-AY69

 View Related Documents

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: Proposed 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 06/00/2010 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
NPRM Comment Period End 08/00/2010 

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-AH26

 View Related Documents

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: 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 1372(c)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/03/2001 66 FR 35209 

NPRM Comment Period Extended 08/22/2001 66 FR 44109 

NPRM Comment Period End 09/04/2001 

Comment Period Extended 11/02/2001 

Final Action 11/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels 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-AR99

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Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

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 (Pub. L. 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

"training and 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: 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 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 69 FR 38873 

Withdrawal 05/00/2010 

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-AU01

 View Related Documents

Title: Resource Agency Hearings and Alternatives Development Procedures in Hydropower Licenses

Abstract: The Departments of Agriculture, the Interior, and Commerce are jointly revising the procedures they established in

November 2005 for expedited trial-type hearings required by the Energy Policy Act of 2005 (EPAct). The hearings are conducted

to resolve disputed issues of material fact with respect to conditions or prescriptions that one or more of the Departments

develop for inclusion in a hydropower license issued by the Federal Energy Regulatory Commission (FERC) under the Federal

Power Act (FPA). The three Departments are also revising the procedures they established in November 2005 for the

consideration of alternative conditions and prescriptions submitted by any party to a license proceeding, pursuant to EPAct.

Three substantially similar rules are being promulgated --one for each agency-- with a common preamble. The rules and

preamble reflect changes to the Departments' November 2005 interim final rules in response to public comments and the

Departments' 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 ) 

92

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Authority: 16 USC 797(e); 16 USC 791a et seq; 16 USC 811

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 11/17/2005 70 FR 69804 

Interim Final Rule Comment Period End 01/17/2006 

Final Rule 05/00/2010 

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: USDA; Joint: DOI

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-AU05

 View Related Documents

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: 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: 18 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AS87

Agency Contact: Patricia A. Kurkul

Regional Administrator, Northeast Region, NMFS

Department of Commerce

93

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AV15

 View Related Documents

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

Mammal Protection Act

Abstract: The National Marine Fisheries Service (NMFS) is considering whether to propose regulations to protect killer

whales (Orcinus orca) in the Pacific Northwest. The Southern Resident killer whale distinct population segment (DPS) was listed

as endangered under the Endangered Species Act (ESA) on November 18, 2005 (70 FR 69903). In the final rule announcing

the listing, NMFS identified vessel effects, including direct interference and sound, as a potential contributing factor in the recent

decline of this population. Both the Marine Mammal Protection Act (MMPA) and the ESA prohibit take, including harassment, of

killer whales, but these statutes do not prohibit specified acts. NMFS is now considering whether to propose regulations that

would prohibit certain acts, under our general authorities under the ESA and MMPA and their implementing regulations. The

Proposed Recovery Plan for Southern Resident killer whales (71 FR 69101; 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 05/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State

Federalism: Yes

Energy Affected: No

Agency Contact: James H. Lecky 

Director, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-2332 

FAX: 301 427-2520

E-Mail: jim.lecky@noaa.gov

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV51

 View Related Documents

Title: Certification of Nations Whose Fishing Vessels Are Engaged in IUU Fishing or Bycatch of Protected Living Marine

Resources

Abstract: 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 1826d to 1826k

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 

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 05/00/2010 

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

 View Related Documents

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

Procedure

Abstract: Section 107 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA) (Pub.

L. 109-479) requires NOAA Fisheries to revise and update agency procedures for complying with the National Environmental

Policy Act (NEPA) in the context of fishery management actions. It further requires that NOAA Fisheries consult with the Council

95

Regulations.gov Monday, April 26, 2010 Unified Agenda
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. NOAA Fisheries is currently consulting with the councils, the public and CEQ to develop a proposed procedure.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 700 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/14/2008 73 FR 27998 

NPRM Comment Period End 06/13/2008 

Final Action 05/00/2010 

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

 View Related Documents

Title: Marine Debris Definition

Abstract: 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 U.S.C. 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 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal

Small Entities Affected: No Federalism: No

Energy Affected: No

96

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AV94

 View Related Documents

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: 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 to 1543

Legal Deadline: 

Action Source Description Date

Other Statutory The legal deadline is one year after publication of the proposed 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 05/00/2010 

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: 180 

FAX: 301 427-2523

E-Mail: marta.nammack@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW09

97

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

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: 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; 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 Action 05/00/2010 

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-AW18

 View Related Documents

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: 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 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

98

Regulations.gov Monday, April 26, 2010 Unified Agenda
NPRM 03/27/2009 74 FR 13386 

NPRM Comment Period Extended 06/30/2009 74 FR 31224 

NPRM Comment Period End 07/06/2009 

Supplementary NPRM 12/07/2009 74 FR 64042 

NPRM Extended Comment Period End 01/06/2010 

Final Action 05/00/2010 

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-AW24

 View Related Documents

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 05/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

Department of Commerce

99

Regulations.gov Monday, April 26, 2010 Unified Agenda
National Oceanic and Atmospheric Administration

P.O. Box 21668

Juneau , AK 99802 

Phone: 907 586-7221 

FAX: 907 586-7249

E-Mail: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW30

 View Related Documents

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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 01/21/2010 75 FR 3434 

NPRM Comment Period End 02/22/2010 

Final Action 05/00/2010 

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-AW38

 View Related Documents

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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 05/00/2010 

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

 View Related Documents

Title: Magnuson Stevens Fishery Conservation and Management Act Provisions; Scientific and Statistical Committees; Peer

Review; National Standard Guidelines

Abstract: The purpose of this action is to update National Standard 2 guidelines regarding scientific information, in light of

Magnuson-Stevens Fishery Conservation and Management Act (MSA) provisions. Specifically, it is to provide guidance for

Secretarial/Council-established peer review processes pursuant to section 302(g)(1)(E) of the reauthorized MSA; clarify the

relationship between the scientific and statistical committees (SSCs) of the Regional Fishery Management Councils and peer

review processes established under section 302(g)(1)(E) of the MSA; and resolve inconsistencies between the Secretary's

responsibilities under existing NS2 Guidelines and SSC responsibilities under MSA section 302(g)(B).

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

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 600.315 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 09/18/2008 73 FR 54132 

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ANPRM Comment Period End 12/17/2008 

NPRM 12/11/2009 74 FR 65724 

NPRM Comment Period End 03/11/2010 

Final Action 05/00/2010 

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-AW65

 View Related Documents

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: 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

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 05/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Margo Schulze-Haugen Department of Commerce

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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

 View Related Documents

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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 10/23/2009 74 FR 54773 

Notice of Availability Comment Period End 12/22/2009 

Proposed Rule 12/31/2009 74 FR 69382 

Proposed Rule Comment Period End 01/20/2010 

Final Action 05/00/2010 

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-AW80

 View Related Documents

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 5 years. These mission activities are

classified as military readiness activities. The purpose of the proposed mission activities is to enhance NSWC PCD's capability

and capacity to meet littoral and expeditionary warfare requirements by providing Research, Development, Test, and Evaluation

(RDT&E) and in service engineering for expeditionary maneuver warfare, operations in extreme environments, mine warfare,

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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 seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/30/2009 74 FR 20156 

NPRM Comment Period End 06/01/2009 

Final Action 05/00/2010 

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

 View Related Documents

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 

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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 05/00/2010 

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 20910 

Phone: 301 713-2322 Extension: 125 

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX11

 View Related Documents

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

Mission Activities

Abstract: On May 15, 2008, NMFS received an application from the Navy requesting an authorization for the take 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 05/00/2010 

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 

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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

 View Related Documents

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 (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 05/00/2010 

Final Action Effective 06/00/2010 

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

 View Related Documents

Title: Critical Habitat Designation for Cook Inlet Beluga Whale Under the Endangered Species Act

Abstract: The National Marine Fisheries Service (NMFS) listed the Cook Inlet beluga whale Distinct Population Segment as

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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: 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: None

Timetable:

Action Date FR Cite

ANPRM 04/14/2009 74 FR 17131 

ANPRM Comment Period End 05/14/2009 

NPRM 12/02/2009 74 FR 63080 

NPRM Comment Period Extended 01/12/2010 75 FR 1582 

NPRM Comment Period End 02/01/2010 

Final Action 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

 View Related Documents

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 58923 

NPRM Comment Period End 02/17/2010 

Final Action 04/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AX64

 View Related Documents

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

National Monument

Abstract: NOAA and USFWS are issuing final regulations for the new Marianas Trench Marine National Monument, Pacific

Remote Islands Marine National Monument, and Rose Atoll Marine National Monument. This action codifies certain provisions

set forth in Presidential Proclamations 8335, 8336, and 8337, issued on January 6, 2009, establishing the monuments. The

Proclamations specified certain provisions on governance of the monuments, including prohibitions on commercial fishing.

Additional prohibitions and regulations may be developed and codified at a later date.

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

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 404 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801; 16 USC 431; 16 USC 460(k); 16 USC 668(dd) to (ee)

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 11/00/2010 

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-AX67

 View Related Documents

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
electronic monitoring to close the fishery once a sea turtle take threshold has been met.

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: None

Timetable:

Action Date FR Cite

NPRM 01/15/2010 75 FR 2469 

NPRM Comment Period End 03/01/2010 

Final Action 05/00/2010 

Regulatory Flexibility Analysis Required: Business;

Organizations 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-AX75

 View Related Documents

Title: Snapper-Grouper Fishery Management Plan of the South Atlantic

Abstract: This action would implement a prohibition on the harvest of red snapper for 180 days to address overfishing of red

snapper, through interim measures.

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: 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 06/00/2010 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy Crabtree 

Regional Administrator, Southeast Region

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AX80

 View Related Documents

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; revise the NMFS catch-documentation

requirements for re-exporting toothfish; require applicants for an AMLR harvesting permit for krill to apply to NMFS no later than

June 1 preceding the harvesting season for krill; and rescind 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: 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 2431-2444

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/27/2009 74 FR 62278 

NPRM Comment Period End 12/28/2009 

Final Action 05/00/2010 

Final Action Effective 06/00/2010 

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: 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-AX83

 View Related Documents

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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 by the Governor of California on December 23,

2008. The Governor certified that the terms of designation to regulate introduced species in these sanctuaries was unacceptable

in state waters of the sanctuaries. The Governor's letter specifically asked NOAA to modify its regulations to exempt all statepermitted aquaculture activities throughout the two sanctuaries and research involving the introduction of introduced species into

Monterey Bay National Marine Sanctuary only. Both of the criteria for exemption in the MBNMS needed to be satisfied in order

to fulfill the Governor's objection for MBNMS.

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 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AT14; Related to 0648-

AT15

Agency Contact: John Armor 

Legislative, Regulatory and NEPA Coordinator

Department of Commerce

National Oceanic and Atmospheric Administration

1305 East-West Highway

Silver Spring , MD 20910-3281 

Phone: 301 713-7234 

FAX: 301 713-0404

E-Mail: john.armor@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX85

 View Related Documents

Title: Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fishery

Abstract: This action 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 HMS 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

111

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM 06/01/2009 74 FR 26174 

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 05/00/2010 

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

 View Related Documents

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

Conducted Within the Gulf of Mexico Range Complex

Abstract: NMFS has received requests from the U.S. Navy (Navy) for authorizations for the taking 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 Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/14/2009 74 FR 33960 

NPRM Comment Period End 08/13/2009 

Final Action 05/00/2010 

Regulatory Flexibility Analysis

Required: Governmental Jurisdictions Government Levels Affected: Federal

Federalism: No

Energy Affected: No

Agency Contact: James H. Lecky 

112

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

 View Related Documents

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 Extended 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 05/00/2010 

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-AX90

 View Related Documents

113

Regulations.gov Monday, April 26, 2010 Unified Agenda
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) (Pub. L. 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 midfrequency 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: Other Significant 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 05/00/2010 

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-AY18

 View Related Documents

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 was 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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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: No

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

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY20

 View Related Documents

Title: Gulf of the Farallones and Monterey Bay 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 the

Farallones, Monterey Bay 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.

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

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 05/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: No

115

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AY21

 View Related Documents

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 85°30'W 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 1361e; 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 05/00/2010 

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 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-AY28

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Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Removal of Redundant Requirements for the American Fisheries Act Crab Rationalization Program

Abstract: This final rule removes requirements under the Crab Rationalization (CR) Program in 50 CFR part 680 for the

operator of catcher/processors 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. This final rule also

removes 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: Final Rule

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

Final Rule 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY29

 View Related Documents

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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 648 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 16 USC 1801

Legal Deadline: 

Action Source Description Date

Other Statutory 05/10/2010 

117

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 02/01/2010 75 FR 5016 

NPRM Comment Period End 03/01/2010 

Final Action 05/00/2010 

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-AY37

 View Related Documents

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: Final Rule

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Second Correcting Amendment 11/30/2009 74 FR 62506 

Third Correcting Amendment 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AT91; Merge with 0648-

AQ07; Merge with 0648-AR30

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

118

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY51

 View Related Documents

Title: FY 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: Final Rule

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 05/00/2010 

Final Action Effective 06/00/2010 

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-AY52

 View Related Documents

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 174o 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.

119

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

Emergency Temporary Rule 02/18/2010 75 FR 7205 

Extending Emergency Temporary Rule 08/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

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

 View Related Documents

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

Abstract: The purpose of the amendment is to develop a regulatory permitting process for regulating and promoting

environmentally sound and economically sustainable aquaculture in the Gulf Exclusive Economic Zone. Management actions

include: (1) Types of aquaculture permits required; (2) duration aquaculture permits are effective; (3) conditions for permit

issuance; (4) species allowed for aquaculture; (5) allowable aquaculture systems; (6) siting requirements and conditions; (7)

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

and status determination criteria; and (10) framework procedures for modifying status determination criteria and regulatory

measures.

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 

Notice of Availability Comment Period End 08/03/2009 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Roy Crabtree 

Regional Administrator, Southeast Region

120

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AU74

 View Related Documents

Title: Effort Limitation for United States Commercial Fishing Vessels Targeting North Pacific Albacore Tuna

Abstract: The National Marine Fisheries Service is considering regulations to fulfill the United States' obligation under InterAmerican Tropical Tuna Commission (IATTC) Resolution to cap effort in the North Pacific albacore surface hook-and-line

fishery managed under the Highly Migratory Species Fishery Management Plan. The IATTC Resolution recommends that

member nations and cooperating parties take this action to address potential overfishing concerns for North Pacific albacore.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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: 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

 View Related Documents

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

121

Regulations.gov Monday, April 26, 2010 Unified Agenda
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: Undetermined 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-AY47

 View Related Documents

Title: Amendment 5 to the Atlantic Herring Fishery Management Plan

Abstract: Amendment 5 to the Atlantic Herring Fishery Management Plan will consider: catch monitoring 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: Long-term 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 09/00/2011 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions Government Levels Affected: Federal; State

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

122

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AS71

 View Related Documents

Title: Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries

Abstract: This action designates pelagic squid as a management unit species under the Western Pacific Pelagics Fishery

Management Plan and establishes permitting and reporting requirements.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 08/11/2008 73 FR 46581 

NPRM 08/28/2008 73 FR 50751 

Notice Comment Period End 10/10/2008 

NPRM Comment Period End 10/14/2008 

Final Action 11/21/2008 73 FR 70600 

Collection of Information Approval 09/04/2009 74 FR 45756 

Correction 03/03/2010 75 FR 9531 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AU71

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-AU71

 View Related Documents

Title: Western Pacific Fisheries; Fishery Ecosystem Plans; Regulatory Restructuring

Abstract: NMFS announces the availability for public review and comment of five proposed Fishery Ecosystem Plans (FEPs)

for American Samoa, Hawaii, Mariana Archipelago, Pacific remote island areas, and western Pacific pelagic fisheries. The FEPs

would incorporate and reorganize elements of the five existing fishery management plans from a species or fishery basis to one

that is founded on geography. The FEPs would not change current management measures. The objectives of the FEPs are to

be consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) through the

incorporation of ecosystem-based goals and principles in fishery management. The proposed rule associated with the FEPs

would reorganize the regulations at 50 CFR 665 into geographic subsections consistent with the FEPs.

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

Major: No Unfunded Mandates: No

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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 10/02/2009 74 FR 50944 

NPRM 11/19/2009 74 FR 60050 

NPRM Comment Period End 12/04/2009 

Notice of Availability Comment Period End 12/01/2009 

Final Rule 01/14/2010 75 FR 2198 

Final Rule Effective 02/16/2010 

Correcting Amendment 03/03/2010 75 FR 9531 

Additional Information: This action was previously reported as RIN 0648-AV27 (fishery ecosystem plans) and RIN 0648-

AU71 (regulatory reorganization). The two actions have been combined into 0648-AU71.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Merge with 0648-AV27

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-AV32

 View Related Documents

Title: Modifying Maximum Retainable Amounts (MRAs) for Selected Groundfish Species Caught by the Non-American Fishing

Act Trawl Catcher Processor Sector

Abstract: The National Marine Fisheries Service issues this action to amend regulations specifying the current interval of time

allowed for determining the maximum retainable amount (MRA) of selected groundfish species that can be retained by nonAmerican Fishery Act trawl catcher processors. This action would change MRA regulations located at 50 CFR 679.20(e) that

establish the calculation of MRAs for groundfish species that are closed to directed fishing by increasing the interval of time

each vessel in this sector would have to retain the MRA specified in regulation for several species in the Bering Sea and

Aleutian Islands. This action is intended to promote the goals and objectives of the Fishery Management Plan (FMP) for

Groundfish of the Bering Sea and Aleutian Islands Management Area.

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/13/2009 74 FR 7209 

NPRM Comment Period End 03/16/2009 

Final Rule 12/10/2009 74 FR 65503 

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Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV63

 View Related Documents

Title: Initial Implementation of the Western and Central Pacific Fisheries Convention Implementation Act

Abstract: This action will implement, in part, the Western and Central Pacific Fisheries Convention (WCPFC) Implementation

Act, which authorizes the Secretary of Commerce to promulgate regulations needed to carry out the obligations of the United

States under the WCPFC. The action will include regulations applicable to owners and operators of U.S. vessels used to fish for

highly migratory fish stocks in the western and central Pacific Ocean, possibly including requirements to, among others, obtain

authorization to fish, carry position-fixing transmitters as part of a vessel monitoring system, accommodate observers from a

regional observer program, report fishing activity, accept boarding and inspection by authorized inspectors of other members of

the Commission, and prohibit transshipping at sea from purse seine vessels.

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

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 300; 15 CFR 902 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 44 USC 3501 et seq; PL 109-479

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/22/2009 74 FR 23965 

NPRM Comment Period End 06/22/2009 

Final Action 01/21/2010 75 FR 3335 

Correction 02/19/2010 75 FR 7361 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AX38

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

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Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AV86

 View Related Documents

Title: National Marine Sanctuary Program Regulations on Cruise Ship Discharges

Abstract: Resulting from a petition for rulemaking and after an extensive review and analysis of the impacts of the issue, the

National Marine Sanctuary Program is considering a system-wide regulation on discharges from cruise ships. The rulemaking is

intended to address cruise ship discharges across the entire system in a comprehensive way and with an appropriate level of

consistency.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1434; 16 USC 1439

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 02/19/2010 

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-AW12

 View Related Documents

Title: Amendment 15B to the South Atlantic Fishery Management Council Snapper Grouper Fishery Management Plan

Abstract: Amendment 15B assesses the practicability of prohibiting the sale of recreationally caught fish; assesses the

practicability of changes to the renewal period on commercial snapper grouper permits; assesses the practicability of allowing

one-to-one transfers of commercial permits from an individual to a family-held corporation; implements a plan to monitor and

assess bycatch; implements measures to minimize the impacts of incidental take on sea turtles and smalltooth sawfish; updates

management reference points for golden tilefish; and defines allocation for snowy grouper and black sea bass.

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: None

Timetable:

Action Date FR Cite

Notice of Availability 06/04/2009 74 FR 26827 

NPRM 06/30/2009 74 FR 31225 

Comment Period End 08/03/2009 

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NPRM Comment Period End 08/04/2009 

Final Action 11/16/2009 74 FR 58902 

Regulatory Flexibility Analysis Required: Business 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-AW49

 View Related Documents

Title: Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Amendment 18 to the Pelagics Fishery

Management Plan; Shallow-Set Longline Swordfish Fishery

Abstract: Amendment 18 removes the annual limit on the number of fishing gear deployments (sets) for the Hawaii-based

pelagic longline fishery. The amendment also revises the current maximum limit on the number of physical interactions that

occur annually between loggerhead sea turtles and vessels registered for use under Hawaii longline limited access permits while

shallow-setting. Other measures currently applicable to the fishery remain unchanged. Amendment 18 is intended to increase

opportunities for the shallow-set fishery to sustainably harvest swordfish and other fish species, without jeopardizing the

continued existence of sea turtles and other protected resources.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 03/18/2009 74 FR 11518 

Notice of Availability Comment Period End 05/18/2009 

NPRM 06/19/2009 74 FR 29158 

NPRM Comment Period End 08/03/2009 

Final Action 12/10/2009 74 FR 65460 

Correction--Final Action 01/08/2010 75 FR 1023 

Regulatory Flexibility Analysis Required: Business;

Organizations 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

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E-Mail: alvin.katekaru@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW51

 View Related Documents

Title: Harbor Porpoise Take Reduction Plan Regulations

Abstract: The National Marine Fisheries Service is taking this action to reduce the number of harbor porpoise taken in sink

gillnet fisheries in the Gulf of Maine and Mid-Atlantic. The Harbor Porpoise Take Reduction Plan of 1999 implemented measures

to reduce the incidental capture of harbor porpoises in sink gillnets to below the stock's Potential Biological Removal level

(PBR). Measures included management areas in which deterrent devices (pingers) are required on gillnets; gear modifications;

and seasonal closures. Between 2001 and 2005, incidental takes of harbor porpoise showed an increasing trend, and currently

takes exceed PBR. This action would implement measures developed through discussions with the Harbor Porpoise Take

Reduction Team, which was reconvened in 2007, when it was clear that existing measures were not sufficient to keep porpoise

bycatch to below PBR. For the Gulf of Maine, this action would expand pinger use in Massachusetts Bay to include November;

establish Stellwagen Bank Management Area, requiring pingers from November-May; establish Coastal Gulf of Maine

Consequence Closure Area and require closure in October and November only if, after the most current two years, the average

bycatch rate exceeds the trigger rate of .031, identified from observed compliant boats from the Mid-Coast, Massachusetts Bay,

and Stellwagen Bank Management Areas; create Southern New England Management Area (includes current Cape Cod South

Management Area); require pingers from December-May; establish Cape Cod South Expansion and Eastern Cape Cod

Consequence Closure Areas; and require closure from February-April only if, after the most current two years, the average

bycatch rate exceeds the trigger rate of 0.023, identified from observed compliant vessels fishing in the Southern New England

Management Area. For the Mid Atlantic, this action would establish Mudhole South Management Area; close from February 1-

March 15; and modify the tie-down requirement.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

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 07/21/2009 74 FR 36058 

Correction 08/10/2009 74 FR 39910 

NPRM Comment Period End 08/20/2009 

Final Action 02/19/2010 75 FR 7383 

Final Action Delay of Effective Date 03/17/2010 75 FR 12698 

Final Action Effective 03/22/2010 

Final Action Delay of Effective Date End 09/15/2010 

Additional Information: In the Fall 2009 Unified Regulatory Agenda, this rule was marked as a "completed action" and

subsequently removed from ROCIS and the Unified Agenda schedule. This designation, however, was made in error and the

rule was not, in fact, final or complete at that time. Due to the clear error in listing this rule as a "completed action" in the Fall

2009 Unified Regulatory Agenda, this rule has been returned to active status. An entry for the final rule published on February

19, 2010, at 75 FR 7383 and another projected final rule will be added to the Agenda Timetable, and the RIN will appear in the

final rule section of the Spring 2010 Unified Regulatory Agenda.

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State

Federalism: Yes

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

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E-Mail: melissa.andersen@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW92

 View Related Documents

Title: Halibut Charter Vessel Moratorium

Abstract: This action implements a moratorium on the entry of additional charter vessels into the guided sport fishery for

Pacific halibut in waters of International Pacific Halibut Commission regulatory areas 2C (Southeast Alaska) and 3A (Central

Gulf of Alaska). This moratorium limits the number of charter vessels that may participate in the guided sport fishery for halibut

in these areas. NMFS would issue a moratorium permit to a licensed charter vessel fishing business owner based on his or her

past participation in the charter vessel fishery for halibut and to a Community Quota Entity representing specific rural

communities. All moratorium permit holders would be subject to limits on the number of permits they could hold and on the

number of charter vessel anglers who could catch and retain halibut on the permitted charter vessel. This action is proposed to

achieve the halibut fishery management goals of the North Pacific Fishery Management Council. The intended effect is to curtail

growth of fishing capacity in the guided sport fishery for halibut.

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 773k

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/21/2009 74 FR 18178 

NPRM Comment Period End 06/05/2009 

Final Rule 01/05/2010 75 FR 554 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: State

Federalism: No

Energy Affected: No

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AW98

 View Related Documents

Title: Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Control Date; Hawaii Pelagic Charter Fishery

Abstract: The National Marine Fisheries Service (NMFS) announces that anyone who enters the Hawaii-based pelagic

charter fishery after June 19, 2008 (the "control date"), is not guaranteed future participation in the fishery if the Western Pacific

Fishery Management Council (Council) recommends, and NMFS approves, a program that limits entry into the fishery, or other

fishery management measures. The Council is concerned about potential expansion of the Hawaii-based pelagic charter fishery

and resultant impacts on billfish and other pelagic fishes.

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

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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

ANPRM 07/22/2008 73 FR 42540 

ANPRM Comment Period End 09/22/2008 

No Further Action Necessary 02/26/2010 

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-AX00

 View Related Documents

Title: Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Control Date; CNMI Pelagic Longline Fishery

Abstract: The Western Pacific Fishery Management Council (Council) adopted a control date of June 19, 2008, for entry into

the pelagic longline fishery in the Commonwealth of the Northern Mariana Islands (CNMI). The purpose of this action is to notify

fishermen who may be interested in participating in the pelagic longline fishery after June 19, 2008, they may not be assured of

future access to the fishery if the Council and/or NMFS decides to limit entry or imposes other measures to manage the fishery.

Neither the Council nor NMFS have yet decided whether to limit new entry or impose other measures in this fishery, nor have

they decided what other management measures might be implemented for the fishery.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

ANPRM--Control Date 07/23/2008 73 FR 42769 

ANPRM Comment Period End 09/22/2008 

No Further Action Necessary 02/16/2010 

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

130

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AX07

 View Related Documents

Title: Atlantic Highly Migratory Species; 2009 North and South Atlantic Commercial Quotas

Abstract: This rule establishes the 2009 fishing season quotas for North and South Atlantic swordfish based on recent

updated landings information and recommendations from the 2008 annual meeting of the International Commission for the

Conservation of Atlantic Tunas (ICCAT). This rule is necessary to ensure that current swordfish quotas account for

underharvests and reserve transfer from the 2008 fishing year, consistent with regulations at 50 CFR part 635 and ICCAT

recommendations that establish the U.S. North and South Atlantic swordfish allocations. This rule may also include other minor

regulatory clarifications.

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

NPRM 08/05/2009 74 FR 39032 

NPRM Comment Period End 09/04/2009 

Final Rule 12/16/2009 74 FR 66585 

Regulatory 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-AX37

 View Related Documents

Title: Gray's Reef National Marine Sanctuary Regulations on the Use of Spearfishing Gear

Abstract: The National Oceanic and Atmospheric Administration (NOAA) is proposing to prohibit the use of spearfishing gear

in Gray's Reef National Marine Sanctuary. Spearfishing is a highly efficient harvesting gear that is often used to selectively

target larger fish and can significantly reduce abundance and alter the relative size structure of target species toward smaller

fish. Therefore, the proposed prohibition would provide protection to the fishes and natural live-bottom community for which the

sanctuary was designated. The proposal also would facilitate enforcement of an existing prohibition against the use of

powerheads within the sanctuary.

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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 03/04/2009 74 FR 9378 

NPRM Comment Period End 05/04/2009 

Final Action 02/19/2010 75 FR 7361 

Final Action Effective 03/22/2010 

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-AX38

 View Related Documents

Title: Fisheries in the Western Pacific; Vessel Identification Requirements

Abstract: The National Marine Fisheries Service amends western Pacific vessel identification regulations by requiring fishing

vessels that fish on the high seas of the western Pacific to be marked with either the vessels' International Telecommunication

Union Radio Call Sign (IRCS), or if an IRCS has not been assigned to the vessel the vessel's official number preceded by the

characters "USA". The intent of the action is to make domestic vessel identification regulations for vessels fishing on the high

seas consistent with vessel identification requirements under the Western and Central Pacific Fisheries Commission.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 16 USC 1801 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/17/2009 74 FR 34707 

NPRM Comment Period End 08/03/2009 

Final Action 01/21/2010 75 FR 3416 

Correction 02/18/2010 75 FR 7204 

Final Action Effective 04/21/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AV63

Agency Contact: Alvin Katekaru 

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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-AX39

 View Related Documents

Title: Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico

Abstract: Grouper and tilefish species in the Gulf of Mexico are managed under the reef fish fishery management plan. Past

management practices under the plan have contributed to overcapitalization in these fisheries, which the Council now seeks to

address. The amendment creates an individual fishing quota (IFQ) program to further control effort in the commercial grouper

and tilefish fisheries in the Gulf of Mexico. The IFQ program was supported by over 80 percent of all eligible fishermen voting in

a referendum for the IFQ program. The proposed rule would implement the IFQ program, establish design elements for the

program, and allow consolidation of commercial permit landings history through permit stacking.

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 04/30/2009 74 FR 20134 

NPRM Comment Period End 06/15/2009 74 FR 20134 

Final Rule 08/31/2009 74 FR 44732 

Supplemental NPRM Rule 12/10/2009 74 FR 65500 

Supplemental NPRM Rule Comment Period End 01/11/2010 

Second Final Rule 03/01/2010 75 FR 9116 

Final Rule Effective 03/31/2010 

Regulatory Flexibility Analysis Required: Business;

Organizations 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-AX59

 View Related Documents

133

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Title: Western and Central Pacific Fisheries for Highly Migratory Species; Implementation of the Longline Catch Limits

Adopted at the Fifth Session of the Western and Central Pacific Fisheries Commission

Abstract: This rule implements the decisions adopted at the Fifth Session of the Western and Central Pacific Fisheries

Commission (Commission) to reduce or otherwise control the fishing mortality rate from longline fishing of bigeye tuna and

potentially other highly migratory fish species in the Western and Central Pacific Ocean. Pursuant to the Western and Central

Pacific Fisheries Convention Implementation Act, the Secretary of Commerce is authorized to implement regulations to carry out

the obligations of the United States under the Western and Central Pacific Fisheries Convention (Convention), including the

implementation of Commission decisions. At its Fifth Regular Session, in December 2008, the Commission adopted specific

catch limits in longline fisheries for certain highly migratory fish species in the Convention's area of application for 2009, 2010,

and 2011. This rule fulfills the international obligations of the United States regarding these catch limits. Moreover, this rule

could establish a framework for implementing future Commission decisions of a similar nature.

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 6901 et seq

Legal Deadline: 

Action Source Description Date

Other Statutory 

The WCPF Commission decisions to be implemented through this

rulemaking include catch limits for calendar year 2009, which require an

effective date as soon as possible in 2009, but prior to 2010. 

12/31/2009 

Timetable:

Action Date FR Cite

NPRM 07/08/2009 74 FR 32521 

NPRM Comment Period End 08/07/2009 

Final Rule 12/07/2009 74 FR 63999 

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Dr. Charles Karnella

Pacific Islands Area Office

Department of Commerce

National Oceanic and Atmospheric Administration

Suite 1110, 1601 Kapiolani Boulevard

Honolulu , HI 96814-4700 

Phone: 808 973-2985 

FAX: 808 973-2941

E-Mail: charles.karnella@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX65

 View Related Documents

Title: List of Fisheries for 2010

Abstract: This action publishes the annual List of Fisheries (LOF), as required by section 118 of the Marine Mammal

Protection Act (MMPA). The LOF for 2009 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: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 50 CFR 229 (To search for a specific CFR, visit the Code of Federal Regulations ) 

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Legal Authority: 16 USC 1361 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/11/2009 74 FR 27739 

NPRM Comment Period End 08/10/2009 74 FR 27739 

Final Rule 11/16/2009 74 FR 58859 

Final Rule Effective 01/01/2010 

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-AX68

 View Related Documents

Title: Emergency Rule To Reduce Sea Turtle Bycatch in the Gulf of Mexico Reef Fish Bottom Longline Fishery

Abstract: In September 2008, NOAA's National Marine Fisheries (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. Therefore, the Gulf of Mexico Fishery Management

Council (Council) requested NMFS take emergency action to reduce the number of turtle takes by the fishery. The action

requested by the Council is to move the bottom longline component of the eastern Gulf of Mexico reef fish fishery out to 50

fathoms to reduce sea turtle take for the 2009 fishing year. This rule reduces take in the short term while the Council develops

long-term measures to reduce sea turtle take in a plan amendment.

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

Emergency Rule 05/01/2009 74 FR 20229 

Comment Period End 06/01/2009 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities 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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
E-Mail: roy.crabtree@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX71

 View Related Documents

Title: Arctic Fishery Management Plan

Abstract: This action establishes the Fishery Management Plan for Fish Resources of the Arctic Management Area (AMA)

and the implementing regulations. Commercial fishing in the AMA would be prohibited until enough information is available to

allow for sustainable management of fishery resources. Currently, no commercial fishing exists in the AMA. This action is a

precautionary measure to ensure unregulated or under-regulated commercial fishing is prevented in the AMA to protect the

Arctic marine environment from the potential effects of uncontrolled commercial fishing.

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

Notice of Availability 05/26/2009 74 FR 24754 

NPRM 06/10/2009 74 FR 27498 

Notice of Availability Comment Period End 07/27/2009 

NPRM Comment Period End 07/27/2009 

Final Action 11/03/2009 74 FR 56734 

Final Action Effective 12/03/2009 

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: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX74

 View Related Documents

Title: Schedule of Fees for Access to NOAA Environmental Data, Information, and Related Products and Services

Abstract: In this final rule, NOAA's National Environmental Satellite, Data, and Information Service (NESDIS) establishes a

new schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is revising the fee

schedule to ensure that the fees accurately reflect the costs of providing access to the environmental data, information, and

related products and services. NESDIS is authorized under 15 U.S.C. 1534 to assess fees, up to fair market value, for access

to environmental data, information, and products derived from, collected, and/or archived by NOAA. Other than depreciation,

costs to upgrade computer hardware and software systems will not be included in the fees charged to users.

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

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 950 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 15 USC 1534

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 03/16/2009 74 FR 11017 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Glenn E. Tallia

Senior Counselor for Atmospheric and Space Services and Research

Department of Commerce

National Oceanic and Atmospheric Administration

Room 15861, 1315 East-West Highway

Silver Spring , MD 20910 

Phone: 301 713-9681 

FAX: 301 713-1494

E-Mail: glenn.e.tallia@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AX95

 View Related Documents

Title: Atlantic Highly Migratory Species (HMS); 2010 Atlantic Shark Quota Specifications

Abstract: In 2008, the National Marine Fisheries Service (NMFS) established base quotas for sandbar sharks, non-sandbar

large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks, and split the non-sandbar LCS quota between the

Atlantic and Gulf of Mexico regions. According to the regulations, over- or underharvests in a given fishing year are accounted

for in the following year. Overharvests would be deducted from the following annual fishing season, or over multiple fishing

seasons, based on the level of overharvest. In addition, underharvests would be applied only to shark stocks that are not

unknown or have been determined to not be overfished with no overfishing occurring. This rule establishes the 2010 adjusted

quotas and open the fishing season for sandbar sharks, non-sandbar LCS, SCS, and pelagic sharks on January 1, 2010. The

season for each species/complex would then close within 5 days of a notice filing in the Federal Register when each respective

quota reached 80 percent.

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 10/28/2009 74 FR 55526 

NPRM Comment Period End 11/27/2009 

Final Action 01/05/2010 75 FR 250 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.nmfs.noaa.gov/sfa/hms

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Related RINs: Related to 0648-AU89

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-AX98

 View Related Documents

Title: Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Data Collection for the Trawl Rationalization

Program

Abstract: NMFS plans to collect data to support implementation of a future trawl rationalization program under the Pacific

Coast Groundfish Fishery Management Plan (FMP). NMFS may collect ownership information from all potential participants in

the trawl rationalization program. In addition, NMFS is notifying potential participants on notice that the agency intends to use

the Pacific States Marine Fisheries Commission's Pacific Fisheries Information Network (PacFIN) and the NMFS, Northwest

Fisheries Science Center's Pacific whiting observer (NORPAC) databases to determine initial allocation of quota share for the

trawl rationalization program.

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

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM Comment Period End 10/16/2009 

NPRM 10/16/2009 74 FR 47545 

Final Action 01/29/2010 75 FR 4684 

Final Action Effective 03/01/2010 

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-AY00

 View Related Documents

138

Regulations.gov Monday, April 26, 2010 Unified Agenda
Title: Amendment 10 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan

Abstract: The purpose of Amendment 10 is to: (1) Develop a rebuilding program that allows the butterfish stock to rebuild in

the shortest amount of time possible (but not to exceed ten years) and permanently protects the long-term health and stability of

the rebuilt stock; (2) minimize bycatch and the fishing mortality of unavoidable bycatch, to the extent practicable, in mackerel,

squid, and butterfish (MSB) fisheries; and (3) minimize the race to fish and promote efficient use of fishing capital in Loligo and

Illex fisheries while providing a means for the industry to proactively engage in resource governance and to provide greater

flexibility in developing management measures that fit localized needs through the development of sectors in the Loligo and Illex

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 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice of Availability 07/13/2009 74 FR 33986 

NPRM 09/03/2009 74 FR 45597 

NPRM Comment Period End 10/19/2009 

Final Action 03/11/2010 75 FR 11441 

Final Action Effective 04/12/2010 

Regulatory Flexibility Analysis Required: Business;

Governmental Jurisdictions; Organizations Government Levels Affected: No

Federalism: No

Energy Affected: No

Agency Contact: Patricia A. Kurkul

Regional Administrator, Northeast Region, NMFS

Department of Commerce

National Oceanic and Atmospheric Administration

55 Great Republic Way

Gloucester , MA 01930 

Phone: 978 281-9200 

FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY01

 View Related Documents

Title: Regulatory Amendment To Allow Monkfish Research Set-Aside (RSA) Days-at-Sea (DAS) To Carryover Into

Subsequent Fishing Years

Abstract: This regulatory amendment to the Monkfish FMP would allow for monkfish Research Set-Aside (RSA) Days-atSea (DAS) to be carried over into subsequent fishing years, and it would create a policy for how many DAS would be authorized

for carry over.

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 10/26/2009 74 FR 54945 

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NPRM Comment Period End 11/25/2009 

Final Action 03/15/2010 75 FR 12141 

Final Action Effective 04/14/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

RIN Information URL: www.nero.noaa.gov Public Comment URL: www.regulations.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-AY07

 View Related Documents

Title: Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Modifications to Petrale Sole and

Canary Rockfish Harvest Specifications and Management Measures

Abstract: This action takes management action to modify the West Coast groundfish management measures to meet the

mandates outlined by 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 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 09/11/2009 74 FR 46714 

NPRM Comment Period End 10/13/2009 

Final Action Effective 11/01/2009 

Final Action 11/04/2009 74 FR 57117 

Second Final Action 12/10/2009 74 FR 65480 

Second Final Action Effective 01/01/2010 

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY08

 View Related Documents

Title: Fishing Restrictions in the Longline and Purse Seine Fisheries in the Eastern Pacific Ocean in 2009, 2010, and 2011

Abstract: NMFS is proposing regulations under the Tuna Conventions Act of 1950 to implement a resolution adopted by the

Inter-American Tropical Tuna Commission (IATTC Resolution C-09-01). That resolution requires that the United States restrict

the catch of bigeye tuna in the longline fishery and the effort in the purse seine fishery in the eastern Pacific Ocean in each of

the years 2009, 2010, and 2011 to prevent overfishing of bigeye and yellowfin tuna. First, NMFS would implement a 500 metric

ton (mt) catch limit on bigeye tuna caught by longline vessels greater than 24 meters in length in the IATTC Convention Area in

2009, 2010, and 2011. Second, NMFS would prohibit purse seine vessels of class size 4-6 (carrying capacity greater than 182

metric tons) from fishing for yellowfin, bigeye, and skipjack tunas in the IATTC Convention Area for a period of 59 days in 2009,

62 days in 2010, and 73 days in 2011. Notwithstanding this closure, purse seine vessels of class size 4 (between 182 and 272

mt carrying capacity) may make a single fishing trip of up to 30 days during the closed period. Third, class size 4-6 purse seine

vessels would be prohibited from fishing for yellowfin, bigeye, and skipjack tunas between 96° and 100° W. longitude and

between 4° N. and 3° S. latitude from September 29 to through October 29 for 2009, 2010, and 2011. And lastly, class size 4-6

purse seine vessels would continue to be required to retain all tuna caught unless it is unfit for human consumption for reasons

other than size (which continues a long-term requirement).

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 951-961; 16 USC 971 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/19/2009 74 FR 53455 

NPRM Comment Period End 11/09/2009 

Final Rule 11/23/2009 74 FR 61046 

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.

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-AY09

 View Related Documents

Title: Regulatory Amendment To Authorize the Temporary Possession of Regulated Species for Scientific Purposes

Abstract: Federally permitted fishing vessels that carry research personnel during commercial fishing trips for the purpose of

collecting catch data before discarding restricted fish are currently required to obtain an exempted fishing permit (EFP) in order

to conduct their sampling work. The requirement to obtain an EFP prior to conducting these types of sampling activities has

raised several issues and concerns with the scientific community, the Regional Fishery Management Councils, and among

Regional Office (RO) and Science Center staff. The administrative burden on NOAA's National Marine Fisheries Service (NMFS)

from processing and overseeing these routine EFPs is substantial. Further, due to the timeline to process EFP applications,

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Regulations.gov Monday, April 26, 2010 Unified Agenda
these temporary possession exemption EFPs inhibit the ability of fishery researchers to opportunistically accompany commercial

fishing vessels for the purpose of data collection. This has resulted in the delay and lost opportunity of important fishery

research, which negatively affects cooperative research efforts and increases the cost of data collection. This regulatory

amendment authorizes the Regional Administrator (RA), or the RA's designee, to issue a Letter of Authorization (LOA) to

eligible vessels that are temporarily possessing restricted species for the purpose of collecting catch data (temporary

possession LOA).

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 10/26/2009 74 FR 54947 

NPRM Comment Period End 11/25/2009 

Final Action 01/08/2010 75 FR 1021 

Final Action Effective 02/08/2010 

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-AY13

 View Related Documents

Title: 2010 Atlantic Mackerel, Squid, and Butterfish Fishery Specifications and Management Measures

Abstract: NMFS would implement specifications for the 2010 fishing year for Atlantic mackerel, squid, and butterfish (MSB).

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: 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 11/12/2009 74 FR 58234 

NPRM Comment Period End 12/14/2009 

Final Action 02/03/2010 75 FR 5537 

Final Action Effective 03/05/2010 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels Affected: No

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AY19

 View Related Documents

Title: Northeast Region Fishing Vessel Regulatory Amendment

Abstract: This action amends the Northeast Region regulations regarding fishing vessel permits to include specific terms and

conditions for Federal fishing vessel permits obtained through the purchase of fishing vessels using Federal grant awards. The

terms and conditions authorize the NMFS Regional Administrator to suspend, cancel, fail to renew, modify, or otherwise rescind

any Federal fishing vessel permit, including the rights thereto, held by a person, corporation, or government entity if the terms

and conditions of any Federal grant award used to obtain said permit, or an associate memorandum of understanding, are

violated by the grant recipient.

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 1855(d)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/01/2009 74 FR 50759 

NPRM Comment Period End 11/02/2009 

Final Action 12/29/2009 74 FR 68710 

Final Action Effective 01/28/2010 

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

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 

143

Regulations.gov Monday, April 26, 2010 Unified Agenda
FAX: 978 281-9117

E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY23

 View Related Documents

Title: Temporary Rule for Emergency Action: 2009 Black Sea Bass Recreational Fishery Exclusive Economic Zone (EEZ)

Closure (180d)

Abstract: This emergency action will close the recreational black sea bass fishery in the Federal waters Exclusive Economic

Zone (EEZ--i.e., 3-200 nautical miles offshore) for the remainder of 2009 and a portion of 2010 (180-day closure).

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

Final Action 10/05/2009 74 FR 51092 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: Business Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AX69

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-AY30

 View Related Documents

Title: Inseason Adjustments to Fishery Management Measures in the Pacific Coast Groundfish Fishery--October 2009

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

Legal Deadline: None

Timetable:

144

Regulations.gov Monday, April 26, 2010 Unified Agenda
Action Date FR Cite

Final Action 10/28/2009 74 FR 55468 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AX24

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-AY31

 View Related Documents

Title: 2010 Pacific Halibut Fisheries; Catch Sharing Plan

Abstract: NMFS takes this action to approve and implement changes to the Pacific Halibut Catch Sharing Plan (Plan) for the

International Pacific Halibut Commission's (IPHC or Commission) 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 tribal regulations and the sport fishery allocations and management measures for Area 2A. These

actions are intended to enhance the conservation of Pacific halibut, to provide greater angler opportunity where available, and to

protect yelloweye rockfish and other overfished groundfish species from incidental catch in the halibut fisheries.

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 1801

Legal Deadline: 

Action Source Description Date

NPRM Statutory Proposed Rule. 12/31/2009 

NPRM Statutory Final Rule. 03/01/2010 

Timetable:

Action Date FR Cite

NPRM 02/04/2010 75 FR 5745 

NPRM Comment Period End 02/19/2010 

Final Action 03/18/2010 75 FR 13024 

Final Action Effective 04/19/2010 

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.

Agency Contact: Barry Thom 

Fishery Biologist, Office of Protected Resources

Department of Commerce

National Oceanic and Atmospheric Administration

1315 East-West Highway

Silver Spring , MD 20910 

145

Regulations.gov Monday, April 26, 2010 Unified Agenda
Phone: 301 713-1401 

E-Mail: barry.thom@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY39

 View Related Documents

Title: Fisheries of the Exclusive Economic Zone Off Alaska, Steller Sea Lions; Correction

Abstract: This action makes a correction to regulations at 50 CFR part 679. It corrects a final rule that erroneously removed

regulations in 50 CFR part 679 concerning the harvest limit area for Atka mackerel in the Aleutian Islands (September 14, 2007,

72 FR 52668). NMFS intended this final rule to modify regulations detailing management of Atka mackerel total allowable catch

in the introductory text in section 679.20(a)(8)(ii), however, due to incorrect instructions in the regulatory text, NMFS

inadvertently removed the regulations governing Atka mackerel management in the harvest limitation area in section

679.20(a)(8)(ii)(A) through (C). This correcting amendment reinstates those regulations.

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; 16 USC 1540(f); 16 USC 1801 et seq; 16 USC 1851 note; 16 USC 3631 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Correction 12/18/2009 74 FR 67138 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AU68

Agency Contact: Robert D. Mecum 

Acting Administrator, Alaska Region

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: doug.mecum@noaa.gov

Department of Commerce (DOC) 

National Oceanic and Atmospheric Administration ( NOAA ) RIN: 0648-AY40

 View Related Documents

Title: Pacific Coast Groundfish Fishery--Inseason Adjustments to 2010 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 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

146

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 02/26/2010 75 FR 8820 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0648-AX24

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-AY44

 View Related Documents

Title: Re-Affirming Control Date for Atlantic Squid Catch Share Program

Abstract: NMFS takes this action to reaffirm the most recent control date of May 20, 2003, for the Loligo and Illex fisheries,

which may be used for establishing eligibility criteria for determining levels of future access to the squid fisheries. NMFS also

announces a future proposed rulemaking for the Atlantic mackerel, squid, and butterfish (MSB) fisheries. This rulemaking could

institute catch share programs in the Loligo and Illex fisheries to manage future access in these fisheries in order to control

capacity. This announcement alerts interested parties of potential eligibility criteria for future access so as to discourage

speculative entry into the squid fisheries while the Mid-Atlantic Fishery Management Council considers if and how access to the

squid fisheries should be controlled with catch share programs.

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

ANPRM 01/05/2010 75 FR 1024 

No Further Action Necessary 02/08/2010 

ANPRM Comment Period End 02/08/2010 

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

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

147

Regulations.gov Monday, April 26, 2010 Unified Agenda
E-Mail: pat.kurkul@noaa.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC18

 View Related Documents

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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule

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 

Supplemental NPRM 04/00/2010 

Supplemental NPRM Comment Period End 06/00/2010 

Regulatory 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-AC31

 View Related Documents

Title: Change to Disciplinary Proceeding Hearing

Abstract: Through this action, the United States Patent and Trademark Office revises the disciplinary proceedings rules to

permit the proceedings be open to the public.

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

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

148

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 11/00/2010 

NPRM Comment Period End 01/00/2011 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Harry I. Moatz

Director of Enrollment and Discipline

Department of Commerce

Patent and Trademark Office

Office of Enrollment and Discipline 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

 View Related Documents

Title: Revision of Fees for Application for Registration and for Registration

Abstract: The United States Patent and Trademark Office is taking this action to revise existing fee to recover the estimated

average cost of processing applications for registration as well as for the registration process.

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

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.21(a)(1); 37 CFR 1.21(a)(2) (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2)(D); 35 USC 41(d)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/00/2010 

NPRM Comment Period End 12/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Harry I. Moatz

Director of Enrollment and Discipline

Department of Commerce

Patent and Trademark Office

Office of Enrollment and Discipline 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-AC33

149

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

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: Other Significant Agenda Stage of Rulemaking: Proposed Rule

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

NPRM 05/00/2010 

NPRM Comment Period End 07/00/2010 

Final Action 09/00/2010 

Final Rule Effective 10/00/2010 

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 22314 

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-AC35

 View Related Documents

Title: Changes to Rules of Practice Before the Trademark Trial and Appeal Board

Abstract: The United States Patent and Trademark Office (USPTO), Trademark Trial and Appeal Board (TTAB), is taking this

action to revise the Trademark Rules of Practice (37 CFR Part 2) to set forth requirements for service of notices of opposition to

applications for trademark registration and of petitions to cancel trademark registrations. The purpose of these service rules is to

codify and clarify current practice. This action would also codify and revise certain rules by which parties in opposition,

cancellation, and concurrent use proceedings (inter partes proceedings) before the TTAB can make of record, by means of

notice of reliance, various types of materials as evidence. Further, this action will revise and clarify rules specifying what

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: Substantive, Nonsignificant 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

150

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/00/2010 

NPRM Comment Period End 10/00/2010 

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: Gerard F. Rogers

Acting Chief Administrative Trademark Judge

Department of Commerce

Patent and Trademark Office

600 Dulany Street

Alexandria , VA 22314 

Phone: 571 272-4299 

E-Mail: gerard.rogers@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC37

 View Related Documents

Title: Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals

Abstract: The United States Patent and Trademark Office (USPTO) is modifying the rules of practice published June 10,

2008, with respect to ex parte appeals before the Board of Patent Appeals and Interferences. For example: (1) Deleting portions

requiring petitions to file an extension of time or to increase the page limit; (2) deleting some formatting requirements for briefs

and requests for rehearing; (3) deleting portions requiring identification of arguments previously presented to the Examiner; and

(4) deleting portions requiring a list of technical terms at oral argument.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 41 A and B (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 132 to 134; 35 USC 2(b)(2) and 6(6); 35 USC 305 and 306

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 NPRM Comment Period End 02/26/2010 75 FR 5012 

NPRM 05/00/2010 

NPRM Comment Period End 07/00/2010 

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

600 Dulany Street

Alexandria , VA 22314 

151

Regulations.gov Monday, April 26, 2010 Unified Agenda
Phone: 571 272-9797 

FAX: 571 273-0042

E-Mail: linda.horner@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC38

 View Related Documents

Title: Requirements for Amendments After Publication

Abstract: This action amends 37 CFR (part 2) to mandate that a proposed amendment of a trademark application after its

approval for publication be filed electronically, using the Trademark Electronic Application System (TEAS). The rationale for

requiring filing by TEAS stems from the time-sensitive nature of amendments to an application at this point in the process, and

the need for the USPTO to receive and process such proposed amendments as quickly as possible.

Priority: Substantive, Nonsignificant 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 05/00/2010 

NPRM Comment Period End 07/00/2010 

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: 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

 View Related Documents

Title: Sound Marks

Abstract: The Office amends 37 CFR (part 2) to set forth the requirements for applying to register a sound mark.

Priority: Substantive, Nonsignificant 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

152

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 05/00/2010 

NPRM Comment Period End 07/00/2010 

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: 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-AC41

 View Related Documents

Title: Revival and Reinstatement of Abandoned Applications

Abstract: The Office amends 37 CFR (part 2) to revise the requirements for reviving a trademark application and to set forth

the requirements for reinstating abandoned applications.

Priority: Substantive, Nonsignificant 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 09/00/2010 

NPRM Comment Period End 11/00/2010 

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: 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

153

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC43

 View Related Documents

Title: Revision of USPTO Fees for Fiscal Year 2011

Abstract: The United States Patent and Trademark Office (USPTO) 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: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.16 to 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; 35 USC 119 and 120; 35 USC 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 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 05/00/2010 

NPRM Comment Period End 07/00/2010 

Final Action 10/00/2010 

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 22314 

Phone: 571 272-6299 

FAX: 571 273-6299

E-Mail: walter.schlueter@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC44

 View Related Documents

Title: 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: Other Significant 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);

154

Regulations.gov Monday, April 26, 2010 Unified Agenda
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; 35 USC 119 and 120; 35 USC 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: No

Related RINs: Related to 0651-AC42; Related to 0651-

AC43

Agency Contact: Walter Schlueter 

Budget Analyst--Fees and Forecasting

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22314 

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

 View Related Documents

Title: Changes to Representation of Others Before the U.S. Patent and Trademark Office

Abstract: The U.S. Patent and Trademark Office (USPTO) amends its regulations to update the procedures regarding

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: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1 and 2; 37 CFR 10 and 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 

155

Regulations.gov Monday, April 26, 2010 Unified Agenda
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) 05/00/2010 

Second NPRM 06/00/2010 

Supplmental NPRM (Ethics) 02/00/2011 

Final Rule (Continuing Education) 02/00/2011 

380 Second NPRM 06/00/2011 

Final Rule (Ethics) 11/00/2011 

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 of Enrollment and Discipline

Department of Commerce

Patent and Trademark Office

Office of Enrollment and Discipline 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-AC08

 View Related Documents

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: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule

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 05/00/2010 

Final Action Effective 07/00/2010 

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, 600 Dulany Street

Alexandria , VA 22314 

156

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AC39

 View Related Documents

Title: Madrid 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: Substantive, Nonsignificant 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 05/00/2010 

Interim Final Rule Comment Period End 07/00/2010 

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: 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-AC42

 View Related Documents

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: Other Significant Agenda Stage of Rulemaking: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.16 to 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; 35 USC 119 and 120; 35 USC 132(b); 35 USC 376; PL 109-383; PL 110-116; PL 110-137;

PL 110-149; PL 110-161; PL 110-5; PL 110-92

157

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 10/00/2010 

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 22314 

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

 View Related Documents

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 CFR

41.200(b)(2004). The United States Patent and Trademark Office (USPTO or Office) is therefore cancelling the affected portion

of the interference rule.

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

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 Effective 04/00/2010 

Final Action 04/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels 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 22314 

Phone: 571 272-9797 

E-Mail: jamest.moore@uspto.gov

158

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC19

 View Related Documents

Title: Changes To Implement Electronic Patent Publication

Abstract: The United States Patent and Trademark Office (Office) is revising the rules of practice to implement electronic

patent publication. The electronic patent publication process would permit the Office to issue patents and reexamination

certificates, 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: Other Significant 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

 View Related Documents

Title: Changes to Practice for Documents Submitted to the United States Patent and Trademark Office

Abstract: The United States Patent and Trademark Office (USPTO) is amending its rules of practice to limit the types of

correspondence that may be submitted to the USPTO by facsimile. The USPTO would also implement a higher minimum font

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

Major: No Unfunded Mandates: No

159

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 Action 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-AC45

 View Related Documents

Title: Changes to Streamline the Electronic Priority Document Exchange Program

Abstract: The United States Patent and Trademark Office (USPTO or Office) previously adopted a program for the electronic

exchange of priority documents between intellectual property offices. This priority document exchange program requires

applicants to provide written authorization for the Office to provide access to the U.S. patent application to participating foreign

intellectual property offices in order for these offices to be able to electronically retrieve a copy of the U.S. application. This

requirement results in delays and failures in situations in which the applicant fails to provide the necessary written authorization.

The 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. 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: Substantive, Nonsignificant 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

Federalism: No

Energy Affected: No

Agency Contact: Robert W. Bahr

Senior Patent Attorney

160

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313 

Phone: 571 272-8800 

E-Mail: robert.bahr@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AB95

 View Related Documents

Title: Changes to Information Disclosure Statement Requirements and Other Related Matters

Abstract: The U.S. Patent and Trademark Office (Office) amends its regulations on information disclosure statement (IDS)

requirements and other related matters to improve the quality and efficiency of the examination process. These changes would

enable the examiner to focus in on the relevant portions of submitted prior art at the very beginning of the examination process,

give higher quality first actions, and minimize wasted steps. This action would make the following changes relating to

submissions of IDS' by applicants: impose a requirement for the personal review of, and to provide information about, certain

citations; eliminate the fees for, but permit only timely, IDS submissions; and only permit the filing of an IDS after the mailing of

a notice of allowance if a claim is admitted to be unpatentable and a narrowing amendment is also submitted. The Office would

also permit third parties to submit prior art up until the mailing of a notice of allowance after application publication; to no longer

permit an IDS to meet the submission requirement for a request for continued examination (RCE); to permit, after payment of

the issue fee, certain amendments, and petitions so applicants will not have to file a continuation application or an RCE for such

items; and to revise the protest rule to better set forth options that applicants have for dealing with unsolicited information

received from third parties.

Priority: Other Significant Agenda Stage of Rulemaking: Completed 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 07/10/2006 71 FR 38808 

NPRM Comment Period End 09/08/2006 

Withdrawn 01/25/2010 

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-AB98

 View Related Documents

161

Regulations.gov Monday, April 26, 2010 Unified Agenda
Title: Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility

Abstract: The U.S. Patent and Trademark Office (USPTO) has, in response to recent case law, revised its guidelines to be

used by USPTO personnel in their review of patent applications to determine whether the claims in a patent application are

directed to patent eligible subject matter. The USPTO is requesting comments from the public regarding these interim

examination guidelines.

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

Major: No Unfunded Mandates: No

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

Legal Authority: 35 USC 101; 35 USC 2(b)2

Legal Deadline: None

Timetable:

Action Date FR Cite

Notice 12/20/2005 70 FR 75451 

Notice Comment Period Extended 06/14/2006 71 FR 34307 

Notice Comment Period End 06/30/2006 

Withdrawn 01/25/2010 

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-AB99

 View Related Documents

Title: Revision to the Time for Filing of a Biological Deposit and the Date of Availability of a Biological Deposit

Abstract: The United States Patent and Trademark Office (USPTO) is considering changes to the rules of practice to require

that any deposit of biological material be made before publication of a patent application, and that all restrictions on access to

the deposited material imposed by the depositor be removed upon publication. The changes will provide that the public has

access to biological materials referenced in the disclosure of a patent application to the same extent that access to the

remainder of the disclosure is available. When any item is referenced in the disclosure of a patent application publication or

patent, then a special circumstance exists that warrants release of the referenced item. The public policy basis for allowing

access to a referenced item is the same whether the item is another patent application or a deposited biological material.

Priority: Other Significant Agenda Stage of Rulemaking: Completed 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 122; 35 USC 2(b)(2)

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 02/20/2008 73 FR 9254 

NPRM Comment Period End 04/21/2008 

Withdrawn 01/25/2010 

162

Regulations.gov Monday, April 26, 2010 Unified Agenda
Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Robert W. Bahr

Senior Patent Attorney

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22313-1450 

Phone: 571 272-8800 

E-Mail: robert.bahr@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC00

 View Related Documents

Title: Examination of Patent Applications That Include Claims Containing Alternative Language

Abstract: The U.S. Patent and Trademark Office (Office) is considering revising the rules of practice to address Markushtype and other claims written so as to claim an invention in the alternative. The search and examination of Markush-type and

other claims written in the alternative generally consume a disproportionate amount of Office resources as compared to other

types of claims, because these claims can encompass multiple independent and distinct inventions and determining the

patentability of such a claim may require a separate examination of each of the alternatives within the claim. The Office

anticipates that requiring applicants who choose this claim-drafting format to ensure a certain degree of relatedness among the

members of a Markush group or the alternatives presented in the claims will allow the Office to do a better, more thorough, and

reliable examination of Markush-type and other claims written in the alternative.

Priority: Other Significant Agenda Stage of Rulemaking: Completed 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 08/10/2007 72 FR 44992 

NPRM Comment Period End 10/09/2007 

Initial Regulatory Flexibility Analysis Comment Request 03/10/2008 73 FR 12679 

NPRM Comment Period End 04/09/2008 

Withdrawn 01/25/2010 

Additional Information: Regulatory Flexibility Analysis Required: Undetermined

Regulatory Flexibility Analysis Required: Business Government Levels 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

163

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC05

 View Related Documents

Title: Institution of a Fee To File on Paper a Request for Reconsideration of a Final Office Action in a Trademark Case

Abstract: The U. S. Patent and Trademark Office amends 37 CFR part 2.64 to require that a request for reconsideration of

an examining attorney's final refusal or requirement be filed through TEAS within 3 months of the mailing date of the final

action. The purpose of this rule is to streamline the processing of applications in which a final refusal has been issued, and to

reduce pendency.

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

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 2.64 (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 02/14/2007 72 FR 6984 

NPRM Comment Period End 04/16/2007 

Supplemental NPRM 04/28/2008 73 FR 22894 

Supplemental NPRM Comment Period End 06/27/2008 

Withdrawn 01/29/2010 

Regulatory 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-AC13

 View Related Documents

Title: Changes to Rules of Practice Before the Board of Appeals and Interferences in Inter Partes Appeals

Abstract: The United States Patent and Trademark Office (USPTO) is revising the rules of practice with respect to inter

partes appeals before the Board of Patent Appeals and Interferences. For example: (1) The requirements for filing appeal briefs

are changed to reorganize the manner in which the appeal brief and reply brief are presented; (2) lengths of briefs would be

established to shorten briefs; (3) times for taking action in an appeal would be reduced; and (4) authority to decide requests for

extensions of time to file certain documents would be assigned to the Chief Administrative Patent Judge obtained by petition.

The change is not related to the USPTO's Strategic Plan. The change is expected to have some positive impact on the

USPTO's appeal backlog and pendency.

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

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.959 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 132; 35 USC 133; 35 USC 134; 35 USC 2(b)(2); 35 USC 315; 35 USC 6(b)

164

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 02/03/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Kimberly Jordan 

Chief Trial Administrator

Department of Commerce

Patent and Trademark Office

600 Dulany Street

Alexandria , VA 22314 

Phone: 571 272-4620 

FAX: 571 273-0042

E-Mail: kimberly.jordan@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC22

 View Related Documents

Title: Revision of Patent Fees for Fiscal Year 2010

Abstract: The United States Patent and Trademark Office (USPTO) is taking this action to adjust certain patent fee amounts

for fiscal year 2010 to reflect fluctuations in the Consumer Price Index for All Urban Consumers (CPI-U). The patent statute

provides for the annual CPI-U adjustment of patent fees set by statute to recover the higher costs associated with doing

business.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 1.16 a-e; 37 CFR 1.17 a1-5; 37 CFR 1.18 a-c; 37 CFR 1.20 c3-4; 37 CFR 1.492 a-f; 37 CFR 41.20

b1-3 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 41; PL 110-161; PL 110-149; PL 110-137; 35 USC 120; PL 109-383; PL 110-05; PL 110-116;

PL 110-92; 35 USC 119; 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 02/03/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Agency Contact: Walter Schlueter 

Budget Analyst--Fees and Forecasting

Department of Commerce

Patent and Trademark Office

P.O. Box 1450

Alexandria , VA 22314 

Phone: 571 272-6299 

FAX: 571 273-6299

165

Regulations.gov Monday, April 26, 2010 Unified Agenda
E-Mail: walter.schlueter@uspto.gov

Department of Commerce (DOC) 

Patent and Trademark Office ( PTO ) RIN: 0651-AC25

 View Related Documents

Title: Elimination of Issuance of Trademark Registration Certificates in Paper Form

Abstract: The United States Patent and Trademark Office (USPTO) is taking this action to revise the rules of practice to

eliminate the issuance of paper trademark registration certificates and provide for issuance of electronic certificates that may be

reproduced from the USPTO's electronic databases available on the USPTO website. The purpose of the rule change is to

streamline USPTO processes and provide faster issuance of registration certificates.

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

Major: No Unfunded Mandates: No

CFR Citation: 37 CFR 2.151; 37 CFR 2.201; 37 CFR 2.6 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 15 USC 1123; 35 USC 2

Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 01/29/2010 

Regulatory 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-AC29

 View Related Documents

Title: Fiscal Year 2009 Revision of Request for Continued Examination, 18-Month Publication, and Other Miscellaneous CostRecovery Patent Fees

Abstract: The USPTO is taking this action to revise the rules of practice to adjust the fee or set a fee for certain processes

and services for which the USPTO is required to set a cost-recovery fee. The USPTO is specifically adjusting the fee for a

request for continued examination, 18-month publication, and a certificate of correction (applicant's mistake) fee, and set a fee

for requesting a corrected republication of a patent application publication. The rules of practice currently do not set a fee, or do

not set a fee that recovers the USPTO's costs, for these processes or services. The USPTO is adjusting or setting these fee

amounts such that they more accurately reflect the Office costs for these processes or services.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action

Major: Yes Unfunded Mandates: No

CFR Citation: 37 CFR 1 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 35 USC 2(b)(2); 35 USC 41(d); 35 USC 132(b)

166

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

Withdrawn 01/25/2010 

Regulatory Flexibility Analysis Required: Business;

Organizations Government Levels 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-AC36

 View Related Documents

Title: Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and

Examination of Claims in Patent Applications

Abstract: The United States Patent and Trademark Office (Office) published a final rule in the Federal Register in August of

2007 to revise the rules of practice in title 37 of the Code of Federal Regulations for patent cases pertaining to continuing

applications and requests for continued examination practices, and for the examination of claims in patent applications (Claims

and Continuations Final Rule). The Office is revising the rules of practice in this final rule to remove the changes in the Claims

and Continuations Final Rule from the Code of Federal Regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed 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

Final Action 10/14/2009 74 FR 52686 

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

167

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

National Telecommunications and Information Administration ( NTIA ) RIN: 0660-AA21

 View Related Documents

Title: Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management

Abstract: The National Telecommunications and Information Administration (NTIA) hereby makes certain changes to its

regulations which relate 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 04/00/2010 

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: william.mitchell@ntis.gov

Department of Commerce (DOC) 

Bureau of Economic Analysis ( BEA ) RIN: 0691-AA73

 View Related Documents

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: Proposed Rule

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 04/00/2010 

NPRM Comment Period End 06/00/2010 

168

Regulations.gov Monday, April 26, 2010 Unified Agenda
Final Action 06/00/2010 

Final Action Effective 07/00/2010 

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: 202 606-9835 

FAX: 202 606-5319

E-Mail: david.galler@bea.gov

Department of Commerce (DOC) 

Bureau of Economic Analysis ( BEA ) RIN: 0691-AA74

 View Related Documents

Title: BE-11, Annual Survey of U.S. Direct Investment Abroad

Abstract: This action amends existing rule 15 CFR 806.14 to change the reporting requirements for the BE-11, Annual

Survey of U.S. Direct Investment Abroad, and to bring the survey into conformity with the BE-10, Benchmark Survey of U.S.

Direct Investment Abroad--2009.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed 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 08/00/2010 

NPRM Period Comment End 10/00/2010 

Final Action 11/00/2010 

Final Action Effective 12/00/2010 

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: 202 606-9835 

FAX: 202 606-5319

E-Mail: david.galler@bea.gov

Department of Commerce (DOC) 

Bureau of Economic Analysis ( BEA ) RIN: 0691-AA75

169

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

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: Proposed 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 09/00/2010 

NPRM Comment Period End 11/00/2010 

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-AA70

 View Related Documents

Title: Quarterly Survey of Foreign Direct Investment in the United States: Transactions of U.S. Affiliate With Foreign Parent

Abstract: This action amends existing rule 15 CFR 806.15 to: (1) Combine Forms BE-605--Transactions of U.S. Affiliate,

Except a U.S. Banking Affiliate, with a Foreign Parent and BE-605 Bank--Transactions of U.S. Banking Affiliate with a Foreign

Parent; and (2) raise the threshold for filing for affiliates with a foreign parent on the newly revised Form BE-605.

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

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 806.15 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 3101 to 3108

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 09/02/2009 74 FR 45383 

NPRM Comment Period End 11/02/2009 

Final Action 12/09/2009 74 FR 65017 

Final Action Effective 01/08/2010 

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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-AA71

 View Related Documents

Title: BE-10--2009 Benchmark Survey of U.S. Direct Investment Abroad

Abstract: This action amends existing regulations at 15 CFR 806.16 to provide for the conduct of the BE-10, Benchmark

Survey of U.S. Direct Investment Abroad--2009, as required in the International Investment and Trade in Services Survey Act.

The existing regulations cover a similar survey for 2004, which has been completed and which the new survey will update.

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

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 806.16 (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 09/30/2009 74 FR 50150 

NPRM Comment Period End 11/30/2009 

Final Rule 12/15/2009 74 FR 66232 

Final Action Effective 01/15/2010 

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: 202 606-9835 

FAX: 202 606-5319

E-Mail: david.galler@bea.gov

Department of Commerce (DOC) 

Bureau of Economic Analysis ( BEA ) RIN: 0691-AA72

 View Related Documents

Title: BE-13 Survey of New Foreign Direct Investment in the United States

171

Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: This action amends the existing rule 15 CFR 806.15(j) to provide for the conduct of the BE-13 survey of new

foreign direct investment in the United States. The survey will collect data on the creation of new plants and other new business

facilities in the United States by existing U.S. affiliates of foreign direct investors as well as data on foreign investors'

acquisitions of existing U.S. companies and establishments of new U.S. affiliates. The existing rule covers a similar survey

which is no longer being collected; the new survey follows the structure of the old BE-13 survey, augmenting it with questions

on "greenfield investments."

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

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 806 (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

Withdrawn 02/04/2010 

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: 202 606-9835 

FAX: 202 606-5319

E-Mail: david.galler@bea.gov

Department of Commerce (DOC) 

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

 View Related Documents

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 09/00/2010 

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce

National Institute of Standards and Technology

Mail Stop 1052, 100 Bureau Drive

Gaithersburg , MD 20899-1052 

Phone: 301 975-4783 

E-Mail: melissa.lieberman@nist.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AD89

 View Related Documents

Title: Automated Export System and Shippers Export Declaration--Requirement To Show Paragraphs in Export Control

Classification Numbers

Abstract: The Export Administration Regulations currently require that the Export Control Classification Number (ECCN) be

entered for certain exports from the United States. The lists of items in some ECCNs is further broken down by paragraphs that

describe the items covered by that ECCN with greater precision. In some instances, the export license requirements, availability

of license exceptions, and license application review policy are affected by that paragraph designation. The Bureau of Industry

and Security (BIS) is considering requiring that paragraph designations be included in the ECCN field on 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: None

Timetable:

Action Date FR Cite

ANPRM 07/00/2010 

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-AC25

 View Related Documents

Title: Short Supply Controls: Crude Oil Exports

Abstract: The Bureau of Industry and Security is amending the short supply provisions of the Export Administration

Regulations to revise the restrictions on exports of crude oil.

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

173

Regulations.gov Monday, April 26, 2010 Unified Agenda
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, 7430(e); 30 USC 185(s), 185(u); 42 USC 6212; 43 USC 1354; 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 12/00/2010 

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-AC33

 View Related Documents

Title: License Exception AVS Clarifications and Shipments to International Waters

Abstract: The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to clarify the scope

of certain License Exception AVS provisions and to clarify the requirements of the EAR with respect to shipments to

international waters.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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: 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 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 11/00/2010 

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

174

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

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

 View Related Documents

Title: Administrative Action Providing for Order To Stop Specific Exports or Reexports Otherwise Eligible Under Designation

NLR

Abstract: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding a

new revocation and suspension order to part 750. This revocation and suspension order clarifies the authority of BIS to issue an

order informing any person that a license is required for the export, reexport, or transfer (in-country) of a specific item or items

subject to the EAR to a specific destination and/or consignee (ultimate or intermediate) that would otherwise be eligible for

export, reexport, or transfer (in-country) under designation NLR, when BIS has reasonable grounds to believe a violation of the

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: 50 USC app 2401; 50 USC 1701; 22 USC 2151; PL 108-175; EO 12938; EO 13020; PL 106-387; PL 108-

117; 30 USC 185(u); 30 USC 185(s); 10 USC 7420; 10 USC 7430(e); 22 USC 2151 (note); 22 USC 287c; 22 USC 3201 et seq;

22 USC 6004; 15 USC 1824a; 42 USC 2139a; 42 USC 6212; 43 USC 1354; 50 USC app 5; 50 USC app 2401 et seq; PL 108-

11; PL 107-56; EO 13338; EO 13222; EO 13026

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2010 

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: 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

 View Related Documents

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

Enforcement Activities

175

Regulations.gov Monday, April 26, 2010 Unified Agenda
Abstract: This rule would revise 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 app 2401 et seq; 50

USC app 5; EO 13026; EO 13222; PL 106-387; PL 107-56

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 07/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0694-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

 View Related Documents

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 7 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 app 2401 et seq; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

176

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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-AE81

 View Related Documents

Title: Revisions to Defense Priorities and Allocations System Regulations

Abstract: This rule adds certain standards and procedures for assigning priority ratings to purchase orders or contracts and

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

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 700 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 2538; 42 USC app 5195 et seq; 50 USC 82 and app 2061 et seq; 50 USC app 468; EO 12656;

EO 12742; EO 12919; EO 13286

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 04/00/2010 

Regulatory Flexibility Analysis

Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined

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-AE83

 View Related Documents

Title: Online Registration for Use of the Simplified Network Applications Processing Redesign System

Abstract: This rule would make changes to Export Administration Regulations that would allow parties to register online to

use the online system for submitting license applications and similar documents. Currently the EAR requires a paper registration

process that has been in place since the BIS' original electronic license application system was instituted in the mid-1980s.

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 ) 

177

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Authority: 50 USC 1701 et seq; 50 USC app 2401 et seq; EO 12918; EO 13222; PL 108-11

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 06/00/2010 

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-AD07

 View Related Documents

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

Abstract: The Bureau of Industry and Security rule amends the Export Administration Regulations (EAR), Commerce Control

List entry for space launch vehicles and "spacecraft" to remove outdated notes and to clarify that "space qualified" parts,

components and technology subject to the EAR are controlled under other entries.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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 app. 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) and 185(u); 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

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/00/2010 

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: 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

178

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

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

 View Related Documents

Title: Implementation of the Understandings Reached at the 2004 and 2005 Nuclear Suppliers Group (NSG) Plenary

Meetings

Abstract: The Bureau of Industry and Security (BIS) is publishing this rule to amend the Export Administration Regulations

(EAR) to implement the understandings reached at the 2004 Goteborg and 2005 Oslo Nuclear Suppliers Group (NSG) Plenary

Meetings.

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

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 744; 15 CFR 742; 15 CFR 772; 15 CFR 774 (To search for a specific CFR, visit the Code of Federal

Regulations ) 

Legal Authority: 50 USC app 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 06/00/2010 

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

 View Related Documents

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

State Sponsor of Terrorism and Revisions Applicable to Iraq

Abstract: The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement the

decision of the United States on June 29, 2006, to rescind Libya's designation as a state sponsor of terrorism. To implement

that change, BIS amends the EAR by removing Libya from the list of terrorist supporting countries in Country Group E:1, and by

making other conforming amendments and related revisions throughout the EAR. In particular, Libya is added to Country Group

D:1 but remains in Country Groups D:2, D:3, and D:4. This rule is consistent with the President's May 12, 2006, report to

Congress certifying that Libya did not provide any support for international terrorism during the preceding 6 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

179

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 10/00/2010 

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-AE21

 View Related Documents

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

Abstract: This rule amends the Export Administration Regulations (EAR) to establish a new license exception entitled "IntraCompany Transfer (ICT)." This license exception allows a parent company and its wholly-owned or controlled in fact entities to

export, reexport, or transfer (in-country) many items on the Commerce Control List (CCL) among themselves for internal

company use. Prior authorization from the Bureau of Industry and Security (BIS) is required to use this license exception. This

rule describes the criteria pursuant to which entities are eligible to use License Exception ICT and the procedure by which they

must apply for such authorization.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

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 app 2401 et seq; EO 13026; EO 13222; PL 106-387

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 10/03/2008 73 FR 57554 

NPRM Comment Period End 11/17/2008 

Final Rule 04/00/2010 

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

180

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

 View Related Documents

Title: December 2007 Wassenaar Arrangement Plenary Agreement Implementation: Category 6 (Cameras and Optical

Sensors) of the Commerce Control List; Wassenaar Reporting Requirements

Abstract: The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items

subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to

implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) with

regard to Optical Sensors and Cameras maintained and agreed to by governments participating in the Wassenaar Arrangement

on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The

Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving

regional and international security and stability. To harmonize with the changes to the Wassenaar List, this rule revises the EAR

by amending certain entries that are controlled for national security reasons in Category 6, specifically Export Control

Classification Numbers (ECCNs) 6A002 and 6A003. This rule also modifies regional stability controls, license exception

eligibility, and reporting requirements for these ECCNs. The purpose of this final rule is to make the necessary changes to the

CCL and Wassenaar reporting requirements to implement Wassenaar List revisions that were agreed upon in the December

2007 Wassenaar Arrangement Plenary Meeting with regard to optical sensors and cameras.

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 04/00/2010 

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-AE42

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 View Related Documents

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: 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: 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 app 2401 et seq; 50 USC app 5; EO 13222; PL 107-56

Legal Deadline: None

Timetable:

Action Date FR Cite

NPRM 08/11/2009 74 FR 40117 

NPRM Comment Period End 09/25/2009 

Final Rule 05/00/2010 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0694-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

 View Related Documents

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 Commerce Control List (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' 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; (iii)

Establishing More Focused and Rationalized Controls; and (iv) Adding Additional Controls for Clarity or for Consistency with

International Regimes. This rule also makes CCL related changes to other parts of the EAR, including CCL related definitions

and license exceptions.

Priority: Other Significant 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: 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

182

Regulations.gov Monday, April 26, 2010 Unified Agenda
USC app 2401 et seq; 50 USC app 5; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/00/2010 

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: 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

 View Related Documents

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

Abstract: This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar

Arrangement's List of Dual Use Goods And Technologies (Wassenaar List), maintained and agreed to by governments

participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies

(Wassenaar Arrangement or WA). The purpose of this final rule is to revise the Commerce Control List, reporting requirements,

and definitions of terms used in the EAR to implement Wassenaar List revisions that were agreed upon in the December 2008

Wassenaar Arrangement Plenary Meeting. This rule also adds or expands unilateral U.S. export controls and national security

export controls on certain items to make them consistent with the amendments made to implement the Wassenaar

Arrangement's decisions.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

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 app 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 

Correction 04/00/2010 

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.

183

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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

 View Related Documents

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

Exports, Reexports, and Transfers to Persons Pursuant to Executive Order 13413

Abstract: This rule implements Executive Order 13413 of October 27, 2006, which the President issued in response to

continuing widespread violence and atrocities in the Democratic Republic of the Congo (DRC). The rule is consistent with

several U.N. Security Council resolutions. This rule amends the 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: 15 CFR 744; 15 CFR 772; 50 USC 1701 et seq; 50 USC app 2401 et seq; EO 13026

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/00/2010 

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-AE64

 View Related Documents

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

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Regulations.gov Monday, April 26, 2010 Unified Agenda
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

3,000 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: Final Rule

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),

185(u); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 15 USC 1824a; 50 USC 1701 et seq; 50 USC app 2401 et seq; 50 USC

app 5; 22 USC 7201 et seq; PL 106-387; PL 107-56; PL 108-11; EO 12058; EO 12851; EO 12938; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/00/2010 

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-AE66

 View Related Documents

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 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 would also explicitly set forth the meaning of the term

"original" with respect to the recordkeeping requirements that pertain to documents issued electronically by BIS.

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

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 app 2401 et seq; EO 13222; EO 13026; PL 106-387

Legal Deadline: None

185

Regulations.gov Monday, April 26, 2010 Unified Agenda
Timetable:

Action Date FR Cite

NPRM 12/04/2009 74 FR 63685 

NPRM Comment Period End 02/02/2010 

Final Rule 04/00/2010 

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-AE69

 View Related Documents

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: Final Rule

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 app 2401 et seq; 50 USC app 5; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/00/2010 

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-AE71

186

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 View Related Documents

Title: Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions

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 04/00/2010 

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-AE73

 View Related Documents

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 40 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: Final Rule

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 741 and 750; 15 CFR 758 and 762 (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 app 2401 et seq; 50

USC 1701 et seq; EO 12058; EO 12851; EO 12938; EO 13026; EO 13222; PL 108-11

187

Regulations.gov Monday, April 26, 2010 Unified Agenda
Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 09/00/2010 

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-AE74

 View Related Documents

Title: Five Axis Simultaneous Controlled Milling Machines: License Exception Eligibility and Fast Track Application Processing

Abstract: The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to ensure that U.S.

machine tool manufacturers are not competitively disadvantaged by export controls, while maintaining the national security of

the United States. This rule makes certain five axis simultaneous controlled milling machines controlled under Export Control

Classification Number (ECCN) 2B001 eligible for License Exceptions GBS and CIV. This rule also establishes a "fast-track"

review mechanism for certain five axis simultaneous controlled milling machines controlled under ECCNs 2B001.b.2 and

2B201.b.2.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule

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 5; 50 USC 1701; 50 USC 2401; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/00/2010 

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

188

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE79

 View Related Documents

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: 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(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 app; 50 USC app 2401 et seq; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 04/00/2010 

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-AE80

 View Related Documents

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

Requiring Prior BIS Notification and Approval

Abstract: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by revising the

section of the EAR that specifies what changes may be made to BIS export and reexport licenses. First, under an existing

paragraph of this section, this rule expands the scope of non-material changes that are specified under this paragraph (i.e.,

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: Final 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 ) 

189

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

Final Rule 06/00/2010 

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-AE82

 View Related Documents

Title: Publicly Available Mass Market Encryption and Object Code

Abstract: The Bureau of Industry and Security is removing "publicly available" mass market encryption software with a

symmetric key length greater than 64 bits and "publicly available" encryption object code from being in the jurisdiction of the

Export Administration Regulations (EAR).

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 04/00/2010 

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

190

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE86

 View Related Documents

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. This rule also revises the list of Applied's eligible facilities that may receive the

identified items.

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 app 2401 et seq; EO 13026; EO 13222; Notice of August 13, 2009

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 04/00/2010 

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: 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-AE87

 View Related Documents

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: 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 app 2401 et seq; EO 13026; EO 13222; Notice of August 13, 2009

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 04/00/2010 

191

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AC04

 View Related Documents

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 1701 et seq; 50 USC app 2401 et seq; EO 13026; EO 13222

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: Business Federalism: No

Energy Affected: No

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

be of international interest.

Agency Contact: Timothy Mooney 

Export Policy Analyst

Department of Commerce

Bureau of Industry and Security

14th Street and Pennsylvania Avenue NW.

Washington , DC 20230 

Phone: 202 482-3371 

FAX: 202 482-3355

E-Mail: tmooney@bis.doc.gov

Department of Commerce (DOC) 

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

 View Related Documents

Title: Expansion of License Exception GOV; Exports and Reexports to International Organizations

Abstract: The Bureau of Industry and Security maintains the Export Administration Regulations. This rule expands availability

192

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 app 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

 View Related Documents

Title: De Minimis U.S. Content in Foreign-Made Items

Abstract: The Department of Commerce 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 the Bureau of Industry and Security 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 app 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

193

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AC23

 View Related Documents

Title: Revision to the Export Administration Regulations: Replacement Licenses

Abstract: The Bureau of Industry and Security (BIS) licenses items subject to the Export Administration Regulations (EAR)

that are classified on the Commerce Control List (CCL) and require a license. The information on a license application is

deemed to be a continuing representation of the existing facts or circumstances of the transaction. If a license application is

under consideration by BIS, any material or substantive change in the terms of the order, or in the facts relating to the

transaction, must be promptly reported to BIS. However, if a license has been issued and information submitted on the original

license application has changed or will change, and these changes are not specifically excepted by the EAR, then the licensee

must apply for either a new license or a replacement license to obtain prior authorization for these changes before exporting or

reexporting. This rule clarifies the instructions for applying for a replacement license.

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-AC34

194

Regulations.gov Monday, April 26, 2010 Unified Agenda
 View Related Documents

Title: Clarifications: 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 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

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: 202 482-2440 

FAX: 202 482-3355

E-Mail: wfisher@bis.doc.gov

Department of Commerce (DOC) 

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

 View Related Documents

Title: Chemical Weapons Convention: Revisions to the Export Administration Regulations

Abstract: The Bureau of Industry and Security (BIS) administers export controls on certain toxic chemicals and precursors

that are listed in the Schedules of Chemicals contained within the Annex on Chemicals to the Convention on the Prohibition of

the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction, also known as the

Chemical Weapons Convention (CWC). This rule amends the CWC provisions in the Export Administration Regulations (EAR) to

clarify BIS licensing requirements and policies for chemicals and precursors controlled for chemical weapons reasons.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: 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; 42 USC 2139a; EO 12002; EO 12058; EO 12214; EO 12938

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action 00/00/0000 

195

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

 View Related Documents

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

Abstract: This rule revises the existing license exemption in the Export Administration Regulations for the export of missile

technology controlled items to Canada. 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 65666 

ANPRM 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

 View Related Documents

Title: Export and Reexport Controls on Iraq

196

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 Documents

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

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

Abstract: This rule amends the License Exception GOV provisions in the Export Administration Regulations (EAR) to

authorize exports and reexports of certain items for official International Atomic Energy Agency (IAEA) inspection and

verification use in accordance with the terms of the Agreement Between the United States of America and the International

Atomic Energy Agency for the Application of Safeguards in the United States, and Protocol thereto (U.S.-IAEA Safeguards

Agreement), as amended by the U.S.-IAEA Additional Protocol (Additional Protocol). These new License Exception GOV

provisions authorize exports and reexports of a broader range of items than those currently eligible under the IAEA-Euratom

provisions of License Exception GOV, because exports and reexports under these new License Exception GOV provisions are

authorized only in connection 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:

197

Regulations.gov Monday, April 26, 2010 Unified Agenda
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-AD69

 View Related Documents

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: Long-term 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 app 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

NPRM 00/00/0000 

Regulatory Flexibility Analysis

Required: Undetermined

Government Levels Affected: Federal; Local; State;

Tribal

Small Entities Affected: No Federalism: Undetermined

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-AD80

 View Related Documents

198

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 additional 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 00/00/0000 

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-AD93

 View Related Documents

Title: Country Group C: Destinations of Diversion Concern

Abstract: The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to further the

national security interests of the United States by adding the title "Destinations of Diversion Concern" to Country Group C in

anticipation 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

199

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

 View Related Documents

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 to revise the Regional Stability and Chemical and

Biological export controls for a number of countries. This rule removes certain export license requirements based on regional

stability controls for Austria, Finland, Ireland, South Korea, Sweden, and Switzerland, because these countries are either

members of or adhere to most if not all of the multilateral export control regimes, e.g., Wassenaar Arrangement, Nuclear

Suppliers Group, Missile Technology Control Regime, and the Australia Group. This rule also makes editorial corrections and

harmonizing revisions to the sections of the EAR that describe regional stability and chemical and biological controls, as well as

making 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

 View Related Documents

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

200

Regulations.gov Monday, April 26, 2010 Unified Agenda
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 app 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

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-AE27

 View Related Documents

Title: Foreign Direct Products of U.S. Technology

Abstract: The Bureau of Industry and Security is revising the Export Administration Regulations (EAR) to expand the scope

of controls over foreign-produced items that are the direct product of U.S.-origin technology, colloquially is known as the "direct

product rule." The direct product rule makes certain foreign-produced direct products of U.S.-origin technology subject to the

EAR. Prior to publication of this rule, such direct products were subject to the EAR when destined to Cuba or a country with

which the U.S. has national security concerns. This rule expands the country scope to include all countries designated by the

U.S. Department of State as countries whose governments have repeatedly provided support for acts of international terrorism,

namely, Cuba, Iran, North Korea, Sudan, and Syria. These expansions support the national security objectives of the U.S. by

restricting the export, reexport, and transfer of foreign-produced direct products of national security controlled U.S.-origin

technology and foreign-produced direct products of foreign plants or manufacturing equipment produced from national security

controlled U.S.-origin technology to terrorism supporting countries. This rule also makes parallel revisions to written assurances,

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: Long-term 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

201

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

NPRM 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-AE44

 View Related Documents

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

Regulations

Abstract: This rule would amend the Export Administration Regulations by adding ECCN 6A981 Passive Infrasound Sensors

to the Commerce Control List. This ECCN will be controlled for Regional Stability and Anti-Terrorism reasons.

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

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 774 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC app 2401 et seq; 50 USC 1701 et seq; 10 USC 7420

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: 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

202

Regulations.gov Monday, April 26, 2010 Unified Agenda
Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE18

 View Related Documents

Title: Encryption Simplification: Correction

Abstract: The Bureau of Industry and Security (BIS) published the rule entitled "Encryption Simplification" on October 3,

2008 (73 FR 57495). This rule finalizes that rule and corrects inadvertent errors published in the "Encryption Simplification" rule,

as well as fixes inconsistencies pointed out by the public in written comments.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 762; 15 CFR 774; 15 CFR 732; 15 CFR 734; 15 CFR 738; 15 CFR 740; 15 CFR 742; 15 CFR 744;

15 CFR 746; 15 CFR 748; 15 CFR 750 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 10 USC 7420; 22 USC 2151; 22 USC 287c; 22 USC 3201; 22 USC 6004; 22 USC 7210; 30 USC 185s;

30 USC 185u; 42 USC 2139a; 42 USC 6212; 43 USC 1354; 15 USC 1824a; 50 USC 1701; 50 USC 2401; 50 USC app 5; EO

12938; EO 13020; EO 13222; EO 13338; EO 13026

Legal Deadline: None

Timetable:

Action Date FR Cite

Interim Final Rule 10/03/2008 73 FR 57495 

Final Rule 10/15/2009 74 FR 52880 

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-AE40

 View Related Documents

Title: Reporting on Offset Agreements in Sales of Weapons Systems or Defense-Related Items to Foreign Countries or

Foreign Firms

Abstract: The Defense Production Act Amendments of 1992 require the Secretary of Commerce to promulgate regulations

for U.S. firms entering into contracts for the sale of defense articles or defense services to foreign countries or foreign firms that

are subject to offset agreements exceeding $5,000,000 in value to furnish information regarding such agreements. The

Secretary of Commerce has designated the Bureau of Industry and Security (BIS) as the organization responsible for

implementing this provision. BIS is making technical corrections to these regulations found in 15 CFR 701. The information

provided by U.S. firms is used to prepare a report that is submitted annually to Congress pursuant Section 309 of the Defense

Production Act of 1950, as amended.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 701 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 50 USC app 2099

Legal Deadline: None

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Timetable:

Action Date FR Cite

NPRM 04/29/2009 74 FR 19466 

NPRM Comment Period End 06/29/2009 

Final Rule 12/23/2009 74 FR 68136 

Final Rule Effective 01/22/2010 

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-AE52

 View Related Documents

Title: Revisions to License Exception GOV To Provide Authorization for Exports and Reexports of Items for Use on the

International Space Station (ISS)

Abstract: The rule amends the Export Administration Regulations (EAR) by revising an existing license exception to provide

a new authorization for exports and reexports of items subject to the EAR when those items are intended for use on the

International Space Station (ISS). Under this new authorization, this rule adds specific terms and conditions that must be

complied with by persons using this new authorization, such as the export or reexport must be consigned to a party working in

an official capacity for the ISS. In addition, exports or reexports authorized by this authorization must be delivered to the ISS

within 6 months of the date of export or reexport, among other terms and conditions that have been added to the EAR as a part

of this new authorization.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 740 (To search for a specific CFR, visit the Code of Federal Regulations ) 

Legal Authority: 22 USC 7201 et seq; 50 USC 1701 et seq; 50 USC 2401 et seq; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 02/09/2010 75 FR 6301 

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

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E-Mail: tmooney@bis.doc.gov

Department of Commerce (DOC) 

Bureau of Industry and Security ( BIS ) RIN: 0694-AE62

 View Related Documents

Title: Amendments to the Export Administration Regulations (EAR) Based Upon the Accession of Albania and Croatia to

Formal Membership in the North Atlantic Treaty Organization (NATO)

Abstract: The Bureau of Industry and Security (BIS) is publishing this rule to amend certain requirements in the Export

Administration Regulations (EAR) (15 CFR 730-774) that apply to Albania and Croatia to reflect the status of these two

countries as members of the North Atlantic Treaty Organization (NATO). This rule revises certain crime control (CC), national

security (NS), and regional stability (RS) license requirements in the EAR that apply to Albania and Croatia. This rule also

amends General Prohibition Eight in Part 736 of the EAR to eliminate the application of this prohibition to in-transit shipments

through Albania. In addition, this rule removes Albania from Country Group D and adds Albania to Country Group B in

Supplement No. 1 to Part 740 of the EAR--Croatia has already been designated in the EAR as a Country Group B country. This

rule also amends the definition of "NATO (North Atlantic Treaty Organization)" in Section 772.1 of the EAR to include Albania

and Croatia. Finally, this rule amends the EAR requirements concerning exports and reexports of certain thermal imaging

cameras to provide NATO treatment for Albania and Croatia.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 736; 15 CFR 738; 15 CFR 740; 15 CFR 742; 15 CFR 743; 15 CFR 772 (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 app 2401 et seq; 50 USC app 5; EO 13026

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 12/23/2009 74 FR 68142 

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-AE67

 View Related Documents

Title: Amendments To Select Agent Controls in Export Control Classification Number (ECCN) 1C360 on the Commerce

Control List (CCL)

Abstract: The Bureau of Industry and Security (BIS) is publishing this rule to amend Export Control Classification Number

(ECCN) 1C360 on the Commerce Control List (CCL) to reflect recent changes made to the list of Plant Protection and

Quarantine (PPQ) select agents and toxins regulated by the Animal and Plant Health Inspection Service (APHIS), U.S.

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Department of Agriculture (USDA).

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), 185(u); 42 USC 2139a; 42 USC 6212; 43 USC 1354; 15 USC 1824a; 50 USC 1701 et seq; 50

USC app 2401 et seq; 50 USC app 5; EO 13026; EO 13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 02/22/2010 75 FR 7548 

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-AE70

 View Related Documents

Title: Addition to the List of Validated End-Users in the People's Republic of China (PRC)

Abstract: The Bureau of Industry and Security amends the Export Administration Regulations (EAR) to add a name to the list

of end-users for the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items

under Authorization Validated End-User (VEU). Specifically, this rule amends the EAR to authorize Grace Semiconductor

Manufacturing Corporation as a VEU and identify its respective eligible items for export or reexport to the PRC. In a final rule

published in the Federal Register on June 19, 2007, BIS revised and clarified U.S. export control policy for the PRC,

establishing Authorization VEU and identifying the PRC as the initial eligible destination.

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 app 2401 et seq; 50 USC 1701 et seq; EO 13026, 61 FR 58767, 3 CFR 1996 Comp, p 228; EO

13222

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Action Effective 01/15/2010 

Final Action 01/15/2010 75 FR 2435 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0694-AD75

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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-AE75

 View Related Documents

Title: Removal of Entry From the Entity List: Person Removed Based on Removal Request

Abstract: This rule amends the Export Administration Regulations (EAR) by removing one person from the Entity List

(Supplement No. 4 to Part 744). This person is being removed from the Entity List because the End-User Review Committee

(ERC) decided to approve this person's request for removal 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; 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 12/23/2009 74 FR 68146 

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-AE76

 View Related Documents

Title: Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Order 12938

Abstract: This rule revises the authority citations in the CFR for parts 730, 734, 736, 742, 744, and 745 of the EAR (15 CFR

parts 730, 734, 736, 742, 744, and 745) to cite the President's notice of November 6, 2009, to continue the declaration of a

national emergency for another 1-year period, and to remove the citation to the notice of November 10, 2008, on the same

topic. Certain provisions of the Horse Protection Act of 1970, as amended (15 U.S.C. sections 1821 to 1831 (HPA)), relating to

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export of horses by sea, are implemented through parts 730, 738, 754, and 774 of the EAR. Those provisions of the HPA were

codified at 46 U.S.C. appendix section 466c prior to the completion of the enactment of title 46, Shipping, by Public Law 109-

304, Oct. 6, 2006, 120 Stat. 1485. Pursuant to the 2006 law, those provisions were transferred and are now codified at 15

U.S.C. section 1824a. This rule revises the authority citations in the CFR for parts 730, 738, 754, and 774 of the EAR (15 CFR

parts 730, 738, 754, and 774) to cite 15 USC section 1824a and to remove the citation to 46 USC appendix section 466c. The

Bureau of Industry and Security is making these changes so that the authority citations in the Code of Federal Regulations will

be current.

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

Major: No Unfunded Mandates: No

CFR Citation: 15 CFR 734; 15 CFR 736; 15 CFR 742; 15 CFR 744; 15 CFR 745 (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; 15 USC

1824a; 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 Effective 12/24/2009 

Final Rule 12/24/2009 74 FR 68370 

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-AE77

 View Related Documents

Title: Authorization Validated End-User: Amendment to Existing Validated End-User Authorizations in the People's Republic

of China (PRC) and India

Abstract: In this rule the Bureau of Industry and Security amends existing Validated End-User (VEU) authorizations under

the Export Administration Regulations due to material changes experienced by VEU companies in the program in the People's

Republic of China and one in India.

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 app 2401 et seq; EO 13026; EO 13222; Notice of August 13, 2009

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 12/23/2009 74 FR 68147 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

208

Regulations.gov Monday, April 26, 2010 Unified Agenda
Small Entities Affected: No Federalism: No

Energy Affected: No

Related RINs: Related to 0694-AE61

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-AE78

 View Related Documents

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

Interests of the United States; and Entry Modified for Clarification

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 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 makes a correction to the address of one person listed on 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; 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 01/13/2010 75 FR 1699 

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-AE84

 View Related Documents

209

Regulations.gov Monday, April 26, 2010 Unified Agenda
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. 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.

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 02/19/2010 75 FR 7358 

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-AE85

 View Related Documents

Title: Implementation of Both the Understandings Reached at the September 2009 Australia Group (AG) Plenary Meeting and

a Decision Adopted Under the AG Intersessional Silent Approval Procedures

Abstract: The Bureau of Industry and Security (BIS) is publishing this rule to implement both the understandings reached at

the September 2009 plenary meeting of the Australia Group (AG) and a decision recommended at the 2009 AG Plenary that

was adopted under the AG intersessional silent approval procedures in October 2009. This rule implements the understandings

reached at the 2009 AG Plenary by amending ECCN 2B350 to clarify the terms "nominal size" and "alloy," as used in this

ECCN. In addition, this rule amends ECCN 1C351 to reflect the decision, adopted under the AG intersessional silent approval

procedures, to remove the "white pox" virus from the AG "List of Biological Agents for Export Control."

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; 30 USC 185(s),

185(u); 42 USC 2139a; 42 USC 6212; 50 USC 1701 et seq; 50 USC app 2401 et seq

Legal Deadline: None

Timetable:

Action Date FR Cite

Final Rule 03/23/2010 75 FR 13672 

Regulatory Flexibility Analysis Required: No Government Levels Affected: No

210

Regulations.gov Monday, April 26, 2010 Unified Agenda
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

211

Regulations.gov Monday, April 26, 2010 Unified Agenda