```

[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Unknown Section]
[Pages 41182-41197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14867]

[[Page 41181]]

Vol. 86

Friday,

No. 144

July 30, 2021

Part IV

Department of Commerce

-----------------------------------------------------------------------

Semiannual Regulatory Agenda

Federal Register / Vol. 86 , No. 144 / Friday, July 30, 2021 / UA: 
Reg Flex Agenda

[[Page 41182]]

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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 2021 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 (Commerce), in the spring and 
fall of each year, publishes in the Federal Register an agenda of 
regulations under development or review over the next 12 months. 
Rulemaking actions are grouped according to pre-rulemaking, proposed 
rules, final rules, long-term actions, and rulemaking actions completed 
since the fall 2020 agenda. The purpose of the Agenda is to provide 
information to the public on regulations that are currently under 
review, being proposed, or issued by Commerce. The agenda is intended 
to facilitate comments and views by interested members of the public.
    Commerce's spring 2021 regulatory agenda includes regulatory 
activities that are expected to be conducted during the period May 1, 
2021, through April 31, 2022.

FOR FURTHER INFORMATION CONTACT: 
    Specific: For additional information about specific regulatory 
actions listed in the agenda, contact the individual identified as the 
contact person.
    General: Comments or inquiries of a general nature about the agenda 
should be directed to Asha Mathew, Chief Counsel for Regulation, Office 
of the Assistant General Counsel for Legislation and Regulation, U.S. 
Department of Commerce, Washington, DC 20230, telephone: 202-482-3151.

SUPPLEMENTARY INFORMATION: Commerce hereby publishes its spring 2021 
Unified Agenda of Federal Regulatory and Deregulatory Actions pursuant 
to Executive Order 12866 and the Regulatory Flexibility Act, 5 U.S.C. 
601 et seq. Executive Order 12866 requires agencies to publish an 
agenda of those regulations that are under consideration pursuant to 
this order. By memorandum of February 17, 2021, the Office of 
Management and Budget issued guidelines and procedures for the 
preparation and publication of the spring 2021 Unified Agenda. The 
Regulatory Flexibility Act requires agencies to publish, in the spring 
and fall of each year, a regulatory flexibility agenda that contains a 
brief description of the subject of any rule likely to have a 
significant economic impact on a substantial number of small entities.
    Beginning with the fall 2007 edition, the internet became the basic 
means for disseminating the Unified Agenda. The complete Unified Agenda 
is available online at www.reginfo.gov, in a format that offers users a 
greatly enhanced ability to obtain information from the Agenda 
database.
    In this edition of Commerce's regulatory agenda, a list of the most 
important significant regulatory and deregulatory actions and a 
Statement of Regulatory Priorities are included in the Regulatory Plan, 
which appears in both the online Unified Agenda and in part II of the 
issue of the Federal Register that includes the Unified Agenda.
    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory Flexibility 
Act, 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 Unified Agenda published on the internet. In addition, for fall 
editions of the Agenda, Commerce's entire Regulatory Plan will continue 
to be printed in the Federal Register.
    Within Commerce, the Office of the Secretary and various operating 
units may issue regulations. Among these operating units, the National 
Oceanic and Atmospheric Administration (NOAA), the Bureau of Industry 
and Security, and the Patent and Trademark Office issue the greatest 
share of Commerce's regulations.
    A large number of regulatory actions reported in the Agenda deal 
with fishery management programs of NOAA's National Marine Fisheries 
Service (NMFS). To avoid repetition of programs and definitions, as 
well as to provide some understanding of the technical and 
institutional elements of NMFS' programs, an ``Explanation of 
Information Contained in NMFS Regulatory Entries'' is provided below.

Explanation of Information Contained in NMFS Regulatory Entries

    The Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) (the Act) governs the management of fisheries 
within the Exclusive Economic Zone of the United States (EEZ). The EEZ 
refers to those waters from the outer edge of the State boundaries, 
generally 3 nautical miles, to a distance of 200 nautical miles. For 
fisheries that require conservation and management measures, eight 
Regional Fishery Management Councils (Councils) prepare and submit to 
NMFS Fishery Management Plans (FMPs) for the fisheries within their 
respective areas in the EEZ. Membership of these Councils is comprised 
of representatives of the commercial and recreational fishing sectors 
in addition to environmental, academic, and government interests. 
Council members are nominated by the governors and ultimately appointed 
by the Secretary of Commerce. The Councils are required by law to 
conduct public hearings on the development of FMPs and FMP amendments. 
Consistent with applicable law, environmental and other analyses are 
developed that consider alternatives to proposed actions.
    Pursuant to the Magnuson-Stevens Act, the Councils also submit to 
NMFS proposed regulations they deem necessary or appropriate to 
implement FMPs. The proposed regulations, FMPs, and FMP amendments are 
subject to review and approval by NMFS, based on consistency with the 
Magnuson-Stevens Act and other applicable law. 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.
    Commerce's spring 2021 regulatory agenda follows.
    This document of the Department of Commerce was signed on June 22, 
by Quentin Palfrey, Deputy General Counsel. That document with the 
original signature and date is maintained by the Department of 
Commerce. For administrative purposes

[[Page 41183]]

only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned Department of Commerce Federal Register 
Liaison Officer has been authorized to sign and submit the document in 
electronic format for publication, as an official document of the 
Department of Commerce. This administrative process in no way alters 
the legal effect of this document upon publication in the Federal 
Register.

    Signed in Washington, DC, on June 23, 2021.
Asha Mathew,
Federal Register Liaison Officer, U.S. Department of Commerce.

               General Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
27........................  Securing the Information           0605-AA60
                             and Communications
                             Technology and Services
                             Supply Chain: Licensing
                             Procedures.
------------------------------------------------------------------------

                General Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
28........................  Concrete Masonry Products          0605-AA53
                             Research, Education, and
                             Promotion.
------------------------------------------------------------------------

                General Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
29........................  Concrete Masonry Products          0605-AA56
                             Research, Education, and
                             Promotion Information
                             Order; Referendum
                             Procedures.
------------------------------------------------------------------------

          International Trade Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
30........................  Modifications to                   0625-AB10
                             Regulations to Improve
                             Administration and
                             Enforcement of
                             Antidumping and
                             Countervailing Duty Laws.
------------------------------------------------------------------------

     National Oceanic and Atmospheric Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
31........................  Reduce Incidental Bycatch          0648-BK49
                             and Mortality of Sea
                             Turtles in the Southeast
                             U.S. Shrimp Fisheries.
------------------------------------------------------------------------

  National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
32........................  Comprehensive Fishery              0648-BD32
                             Management Plan for
                             Puerto Rico,
                             Comprehensive Fishery
                             Management Plan for St.
                             Croix, Comprehensive
                             Fishery Management Plan
                             for St. Thomas/St. John.
33........................  International Fisheries;           0648-BF41
                             Western and Central
                             Pacific Fisheries for
                             Highly Migratory Species;
                             Treatment of U.S. Purse
                             Seine Fishing With
                             Respect to U.S.
                             Territories.
34........................  International Fisheries;           0648-BG04
                             South Pacific Tuna
                             Fisheries; Implementation
                             of Amendments to the
                             South Pacific Tuna Treaty.
35........................  Illegal, Unregulated, and          0648-BG11
                             Unreported Fishing;
                             Fisheries Enforcement;
                             High Seas Driftnet
                             Fishing Moratorium
                             Protection Act.
36........................  Regulatory Amendment to            0648-BH70
                             the Pacific Coast
                             Groundfish Fishery
                             Management Plan to
                             Implement an Electronic
                             Monitoring Program for
                             Bottom Trawl and Non-
                             Whiting Midwater Trawl
                             Vessels.
37........................  Atlantic Highly Migratory          0648-BI10
                             Species; Research and
                             Data Collection in
                             Support of Spatial
                             Fisheries Management.
38........................  Establish National                 0648-BJ33
                             Insurance Requirements
                             for Observer Providers.
39........................  Amendment 23 to the                0648-BK17
                             Northeast Multispecies
                             Fishery Management Plan.
40........................  Framework Adjustment 61 to         0648-BK24
                             the Northeast
                             Multispecies Fishery
                             Management Plan.
41........................  Amendment 14 to the                0648-BK31
                             Fishery Management Plan
                             for the Salmon Fisheries
                             in the EEZ Off Alaska.
42........................  Establishment of Time-Area         0648-BK04
                             Closures for Hawaiian
                             Spinner Dolphins Under
                             the Marine Mammal
                             Protection Act.
------------------------------------------------------------------------

[[Page 41184]]

    National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
43........................  International Fisheries;           0648-BG66
                             Western and Central
                             Pacific Fisheries for
                             Highly Migratory Species;
                             Requirements to Safeguard
                             Fishery Observers.
44........................  Omnibus Deep-Sea Coral             0648-BH67
                             Amendment.
45........................  Generic Amendment to the           0648-BH72
                             Fishery Management Plans
                             for the Reef Fish
                             Resources of the Gulf of
                             Mexico and Coastal
                             Migratory Pelagic
                             Resources in the Gulf of
                             Mexico and Atlantic
                             Region.
46........................  Magnuson-Stevens Fisheries         0648-BH87
                             Conservation and
                             Management Act;
                             Traceability Information
                             Program for Seafood.
47........................  Modification of Multi-Day          0648-BJ60
                             Trip Possession Limits
                             for Federally-Permitted
                             Charter/Headboat Vessels
                             in the Fishery Management
                             Plans (FMP) in the Gulf
                             of Mexico.
48........................  Framework Adjustment 8 to          0648-BK11
                             the Atlantic Herring
                             Fishery Management Plan.
49........................  Framework Adjustment 33 to         0648-BK51
                             the Atlantic Sea Scallop
                             Fishery Management Plan.
50........................  Magnuson-Stevens Act               0648-BK52
                             Provisions; Fisheries Off
                             West Coast States;
                             Emergency Action to
                             Change Seasonal
                             Processing Limitations in
                             the At-sea Whiting
                             Fishery.
51........................  Reducing Disturbances to           0648-AU02
                             Hawaiian Spinner Dolphins
                             From Human Interactions.
52........................  Designation of Critical            0648-BC56
                             Habitat for the Arctic
                             Ringed Seal.
53........................  Amendment and Updates to           0648-BF90
                             the Pelagic Longline Take
                             Reduction Plan.
54........................  Designation of Critical            0648-BG26
                             Habitat for the
                             Threatened Caribbean
                             Corals.
55........................  Revision to Critical               0648-BH95
                             Habitat Designation for
                             Endangered Southern
                             Resident Killer Whales.
56........................  Atlantic Large Whale Take          0648-BJ09
                             Reduction Plan
                             Modifications to Reduce
                             Serious Injury and
                             Mortality of Large Whales
                             in Commercial Trap/Pot
                             Fisheries Along the U.S.
                             East Coast.
57........................  Designation of Critical            0648-BJ52
                             Habitat for Threatened
                             Indo-Pacific Reef-
                             Building Corals.
58........................  Designation of Critical            0648-BJ65
                             Habitat for the Beringia
                             Distinct Population
                             Segment of the Bearded
                             Seal.
59........................  Wisconsin-Lake Michigan            0648-BG01
                             National Marine Sanctuary
                             Designation.
------------------------------------------------------------------------

   National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
60........................  Implementation of a                0648-BD59
                             Program for
                             Transshipments by Large
                             Scale Fishing Vessels in
                             the Eastern Pacific Ocean.
61........................  Amendment 111 to the               0648-BJ73
                             Fishery Management Plan
                             for Groundfish of the
                             Gulf of Alaska to
                             Reauthorize the Central
                             Gulf of Alaska Rockfish
                             Program.
------------------------------------------------------------------------

   National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
62........................  Area of Overlap Between            0648-BH59
                             the Convention Areas of
                             the Inter-American
                             Tropical Tuna Commission
                             and the Western and
                             Central Pacific Fisheries
                             Commission.
63........................  Atlantic Highly Migratory          0648-BI09
                             Species; Regulatory
                             Amendment for the
                             Management of Atlantic
                             Swordfish.
64........................  Amendment 8 to the                 0648-BI80
                             Atlantic Herring Fishery
                             Management Plan.
65........................  Amendment 21 to the Summer         0648-BJ18
                             Flounder, Scup, and Black
                             Sea Bass Fishery
                             Management Plan.
66........................  Salmon Bycatch                     0648-BJ50
                             Minimization in the
                             Pacific Coast Groundfish
                             Fishery.
67........................  International Fisheries;           0648-BK08
                             Pacific Tuna Fisheries;
                             Fishing Restrictions for
                             Tropical Tuna in the
                             Eastern Pacific Ocean for
                             2021.
68........................  Taking and Importing               0648-BB38
                             Marine Mammals: Taking
                             Marine Mammals Incidental
                             to Geophysical Surveys
                             Related to Oil and Gas
                             Activities in the Gulf of
                             Mexico.
69........................  Designation of Critical            0648-BI06
                             Habitat for the Mexico,
                             Central American, and
                             Western Pacific Distinct
                             Population Segments of
                             Humpback Whales Under the
                             Endangered Species Act.
------------------------------------------------------------------------

            Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
70........................  Changes To Implement               0651-AD55
                             Provisions of the
                             Trademark Modernization
                             Act of 2020.
------------------------------------------------------------------------

             Patent and Trademark Office--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
71........................  Trademark Fee Adjustment..         0651-AD42
------------------------------------------------------------------------

[[Page 41185]]

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Proposed Rule Stage

27.  Securing the Information and Communications Technology and 
Services Supply Chain: Licensing Procedures

    Legal Authority: Not Yet Determined
    Abstract: The Department is seeking public input regarding 
establishing a licensing process for entities to seek pre-approval 
before engaging in or continuing to engage in potentially regulated 
ICTS Transactions under the ``Securing the Information and 
Communications Technology and Services Supply Chain'' rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/29/21  86 FR 16312
ANPRM Comment Period End............   04/28/21
NPRM................................   10/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Joe Bartles, Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, Phone: 202 482-3084, 
Email: [email protected].
    RIN: 0605-AA60

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Final Rule Stage

28. Concrete Masonry Products Research, Education, and Promotion

    Legal Authority: 15 U.S.C. 8701 et seq.
    Abstract: The Concrete Masonry Products Research, Education, and 
Promotion Act of 2018 (Act) (15 U.S.C. 8701 et seq.) authorizes the 
establishment of an orderly program for a program of research, 
education, and promotion, including funds for marketing and market 
research activities, that is designed to promote the use of concrete 
masonry products in construction and building (a checkoff program). The 
Act allows industry to submit a proposed order establishing such a 
program. If the Secretary determines that such a proposed order is 
consistent with and will effectuate the purpose of the Act, the 
Secretary is directed to publish the proposed order in the Federal 
Register not later than 90 days after receiving the order.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/24/20  85 FR 52059
NPRM Comment Period End.............   10/08/20
Final Action........................   07/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Asha Mathew, Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, Phone: 202 306-0487, 
Email: [email protected].
    RIN: 0605-AA53

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Completed Actions

29. Concrete Masonry Products Research, Education, and Promotion 
Information Order; Referendum Procedures

    Legal Authority: 15 U.S.C. 8701 et seq.
    Abstract: The Concrete Masonry Products Research, Education, and 
Promotion Act of 2018 (Act) (15 U.S.C. 8701 et seq.) authorizes the 
establishment of an orderly program for a program of research, 
education, and promotion, including funds for marketing and market 
research activities, that is designed to promote the use of concrete 
masonry products in construction and building (a checkoff program). The 
Act allows industry to submit a proposed order establishing such a 
program. If the Secretary determines that such a proposed order is 
consistent with and will effectuate the purpose of the Act, this rule 
will effectuate the referendum process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/15/20  85 FR 65288
NPRM Comment Period End.............   11/16/20
Final Action........................   05/03/21  86 FR 23271
Final Action Effective..............   05/03/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Asha Mathew, Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, Phone: 202 306-0487, 
Email: [email protected].
    RIN: 0605-AA56

DEPARTMENT OF COMMERCE (DOC)

International Trade Administration (ITA)

Final Rule Stage

30. Modifications to Regulations To Improve Administration and 
Enforcement of Antidumping and Countervailing Duty Laws

    Legal Authority: 19 U.S.C. 1671 et seq.; Pub. L. 114-125, sec. 421
    Abstract: Pursuant to its authority under Title VII of the Tariff 
Act of 1930, as amended (the Act), the Department of Commerce 
(Commerce) is considering issuing a final rule, adopting the proposed 
rule, to modify its regulations under part 351 of title 19 to improve 
administration and enforcement of the antidumping duty (AD) and 
countervailing duty (CVD) laws. Specifically, Commerce proposed to 
modify its regulation concerning the time for submission of comments 
pertaining to industry support in AD and CVD proceedings; to modify its 
regulation regarding new shipper reviews; to modify its regulation 
concerning scope matters in AD and CVD proceedings; to promulgate a new 
regulation concerning circumvention of AD and CVD orders; to promulgate 
a new regulation concerning covered merchandise referrals received from 
U.S. Customs and Border Protection (CBP); to promulgate a new 
regulation pertaining to Commerce requests for certifications from 
interested parties to establish whether merchandise is subject to an AD 
or CVD order; and to modify its regulation regarding importer 
reimbursement certifications filed with CBP. Finally, Commerce proposed 
to modify its regulations regarding letters of appearance in AD and CVD 
proceedings and importer filing requirements for access to business 
proprietary information.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/13/20  85 FR 49472
Extension of Comment Period.........   09/10/20  85 FR 55801
NPRM Comment Period End.............   09/14/20
Extension of Comment Period End.....   09/28/20
Final Action........................   07/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jessica Link, Department of Commerce, International 
Trade Administration, 1401 Constitution Avenue NW, Washington,

[[Page 41186]]

DC 20230, Phone: 202 482-1411, Email: [email protected].
    RIN: 0625-AB10

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Prerule Stage

National Marine Fisheries Service

31.  Reduce Incidental Bycatch and Mortality of Sea Turtles in 
the Southeast U.S. Shrimp Fisheries

    Legal Authority: 16 U.S.C. 1531 et seq.
    Abstract: As a result of new information on sea turtle bycatch in 
shrimp trawls and turtle excluder device (TED) testing, NMFS conducted 
an evaluation of the southeast U.S. shrimp fisheries that resulted in a 
final environmental impact statement (FEIS) in November 2019 in support 
of a rule to withdraw the alternative tow time restriction and require 
TEDs in skimmer trawl vessels 40 feet and greater in length. The rule 
was promulgated under the authority of the Endangered Species Act (ESA) 
and its purpose was to aid in the protection and recovery of listed sea 
turtle populations by reducing incidental bycatch and mortality of 
small sea turtles in the Southeastern U.S. shrimp fisheries. Additional 
TED testing has resulted in producing TED designs that are effective on 
skimmer trawl vessels less than 40 feet in length. Therefore, NMFS is 
considering additional ESA rulemaking to protect and conserve 
threatened and endangered sea turtles in the southeast U.S. shrimp 
fisheries.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   04/20/21  86 FR 20475
ANPRM Comment Period End............   05/20/21
NPRM................................   07/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew J. Strelcheck, Acting Regional 
Administrator, Southeast Region, Department of Commerce, National 
Oceanic and Atmospheric Administration, 263 13th Avenue South, St. 
Petersburg, FL 33701, Phone: 727 824-5305, Email: 
[email protected].
    RIN: 0648-BK49

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

32. Comprehensive Fishery Management Plan for Puerto Rico, 
Comprehensive Fishery Management Plan for St. Croix, Comprehensive 
Fishery Management Plan for St. Thomas/St. John

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: In response to a recommendation of the Caribbean Fishery 
Management Council, this action would establish three new Fishery 
Management Plans (FMPs) (Puerto Rico FMP, St. Thomas/St. John FMP and 
St. Croix FMP) and repeal and replace the existing U.S. Caribbean-wide 
FMPs (the FMP for the Reef Fish Fishery of Puerto Rico and the U.S. 
Virgin Islands (USVI), the FMP for the Spiny Lobster Fishery of Puerto 
Rico and the USVI, the FMP for Queen Conch Resources of Puerto Rico and 
the USVI, and the FMP for the Corals and Reef Associated Plants and 
Invertebrates of Puerto Rico and the USVI). For each of the Puerto 
Rico, St. Thomas/St. John, and St. Croix FMPs, the action would also 
modify the composition of the stocks to be managed; organize those 
stocks for effective management; establish status determination 
criteria, management reference points, and accountability measures for 
managed stocks; identify essential fish habitat for stocks new to 
management; and establish framework measures.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Availability..............   06/26/20  85 FR 38350
NPRM................................   06/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew J. Strelcheck, Acting Regional 
Administrator, Southeast Region, Department of Commerce, National 
Oceanic and Atmospheric Administration, 263 13th Avenue South, St. 
Petersburg, FL 33701, Phone: 727 824-5305, Email: 
[email protected].
    RIN: 0648-BD32

33. International Fisheries; Western and Central Pacific Fisheries for 
Highly Migratory Species; Treatment of U.S. Purse Seine Fishing With 
Respect to U.S. Territories

    Legal Authority: 16 U.S.C. 6901 et seq.
    Abstract: This action would establish rules and/or procedures to 
address the treatment of U.S.-flagged purse seine vessels and their 
fishing activities in regulations issued by the National Marine 
Fisheries Service that implement decisions of the Commission for the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (Commission), of which the United 
States is a member. Under the Western and Central Pacific Fisheries 
Convention Implementation Act, the National Marine Fisheries Service 
exercises broad discretion when determining how it implements 
Commission decisions, such as purse seine fishing restrictions. The 
National Marine Fisheries Service intends to examine the potential 
impacts of the domestic implementation of Commission decisions, such as 
purse seine fishing restrictions, on the economies of the U.S. 
territories that participate in the Commission, and examine the 
connectivity between the activities of U.S.-flagged purse seine fishing 
vessels and the economies of the territories. Based on that and other 
information, the National Marine Fisheries Service might propose 
regulations that mitigate adverse economic impacts of purse seine 
fishing restrictions on the U.S. territories and/or that, in the 
context of the Convention on the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean 
(Convention), recognize that one or more of the U.S. territories have 
their own purse seine fisheries that are distinct from the purse seine 
fishery of the United States and that are consequently subject to 
special provisions of the Convention and of Commission decisions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/23/15  80 FR 64382
ANPRM Comment Period End............   11/23/15
NPRM................................   02/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Tosatto, Regional Administrator, Pacific 
Islands Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1845 Wasp Boulevard, Building 176, 
Honolulu, HI 96818, Phone: 808 725-5000, Email: 
[email protected].
    RIN: 0648-BF41

[[Page 41187]]

34. International Fisheries; South Pacific Tuna Fisheries; 
Implementation of Amendments to the South Pacific Tuna Treaty

    Legal Authority: 16 U.S.C. 973 et seq.
    Abstract: Under authority of the South Pacific Tuna Act of 1988, 
this rule would implement recent amendments to the Treaty on Fisheries 
between the Governments of Certain Pacific Island States and the 
Government of the United States of America (also known as the South 
Pacific Tuna Treaty). The rule would include modification to the 
procedures used to request licenses for U.S. vessels in the western and 
central Pacific Ocean purse seine fishery, including changing the 
annual licensing period from June-to-June to the calendar year, and 
modifications to existing reporting requirements for purse seine 
vessels fishing in the western and central Pacific Ocean. The rule 
would implement only those aspects of the Treaty amendments that can be 
implemented under the existing South Pacific Tuna Act.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Tosatto, Regional Administrator, Pacific 
Islands Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1845 Wasp Boulevard, Building 176, 
Honolulu, HI 96818, Phone: 808 725-5000, Email: 
[email protected].
    RIN: 0648-BG04

35. Illegal, Unregulated, and Unreported Fishing; Fisheries 
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act

    Legal Authority: Pub. L. 114-81
    Abstract: This proposed rule would make conforming amendments to 
regulations implementing the various statutes amended by the Illegal, 
Unreported and Unregulated Fishing Enforcement Act of 2015 (Pub. L. 
114-81). The Act amends several regional fishery management 
organization implementing statutes as well as the High Seas Driftnet 
Fishing Moratorium Protection Act. It also provides authority to 
implement two new international agreements under the Antigua 
Convention, which amends the Convention for the establishment of an 
Inter-American Tropical Tuna Commission, and the United Nations Food 
and Agriculture Organization Agreement on Port State Measures to 
Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated 
Fishing (Port State Measures Agreement), which restricts the entry into 
U.S. ports by foreign fishing vessels that are known to be or are 
suspected of engaging in illegal, unreported, and unregulated fishing. 
This proposed rule would also implement the Port State Measures 
Agreement. To that end, this proposed rule would require the collection 
of certain information from foreign fishing vessels requesting 
permission to use U.S. ports. It also includes procedures to designate 
and publicize the ports to which foreign fishing vessels may seek entry 
and procedures for conducting inspections of these foreign vessels 
accessing U.S. ports. Further, the rule would establish procedures for 
notification of: The denial of port entry or port services for a 
foreign vessel, the withdrawal of the denial of port services if 
applicable, the taking of enforcement action with respect to a foreign 
vessel, or the results of any inspection of a foreign vessel to the 
flag nation of the vessel and other competent authorities as 
appropriate.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Alexa Cole, Director, Office of International 
Affairs and Seafood Inspection, Department of Commerce, National 
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver 
Spring, MD 20910, Phone: 301 427-8286, Email: [email protected].
    RIN: 0648-BG11

36. Regulatory Amendment to the Pacific Coast Groundfish Fishery 
Management Plan To Implement an Electronic Monitoring Program for 
Bottom Trawl and Non-Whiting Midwater Trawl Vessels

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: The proposed action would implement a regulatory 
amendment to the Pacific Fishery Management Council's Pacific Coast 
Groundfish Fishery Management Plan to allow bottom trawl and midwater 
trawl vessels targeting non-whiting species the option to use 
electronic monitoring (video cameras and associated sensors) in place 
of observers to meet requirements for 100-percent observer coverage. By 
allowing vessels the option to use electronic monitoring to meet 
monitoring requirements, this action is intended to increase 
operational flexibility and reduce monitoring costs for the fleet.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Barry Thom, Regional Administrator, West Coast 
Region, Department of Commerce, National Oceanic and Atmospheric 
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 
97232, Phone: 503 231-6266, Email: [email protected].
    RIN: 0648-BH70

37. Atlantic Highly Migratory Species; Research and Data Collection in 
Support of Spatial Fisheries Management

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: This rulemaking would address conducting research in 
areas currently closed to fishing for Atlantic highly migratory species 
(HMS)--during various times or by certain gear--to collect fishery-
dependent data. A number of time/area closures or gear-restricted areas 
have been implemented over the years through various rulemakings, 
limiting fishing for Atlantic highly migratory species in those areas 
for a variety of reasons including reducing bycatch. These time/area 
closures have been implemented in consultation with the HMS Advisory 
Panel to protect species consistent with the Magnuson-Stevens Fisheries 
Conservation and Management Act (e.g., to reduce bycatch in the pelagic 
longline fishery off the east coast of Florida), the Endangered Species 
Act (e.g., to protect sea turtles in the North Atlantic), and the 
Atlantic Tunas Convention Act (e.g., to protect spawning bluefin tuna 
in the Gulf of Mexico). Fishery-dependent data supports effective 
fisheries management, and areas that restrict fishing effort often have 
a commensurate decrease in fishery-dependent data collection. Programs 
to facilitate research and data collection, such as those that would be 
covered by this rulemaking, could assess the efficacy of closed areas, 
improve sustainable management of highly migratory species, and may 
provide benefits to commercial and recreational fishermen.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/21  .......................
------------------------------------------------------------------------

[[Page 41188]]

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kelly Denit, Director, Office of Sustainable 
Fisheries, Department of Commerce, National Oceanic and Atmospheric 
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 
20901, Phone: 301 427-8500, Email: [email protected].
    RIN: 0648-BI10

38. Establish National Insurance Requirements for Observer Providers

    Legal Authority: 16 U.S.C. 1855(d)
    Abstract: NMFS is proposing to establish uniform, nationally 
applicable minimum insurance requirements for companies that provide 
observer or at-sea monitor services for federally managed fisheries 
subject to monitoring requirements. This action would supersede 
outdated or inappropriate regulatory insurance requirements thereby 
easing the regulatory and cost burden for observer/at-sea monitor 
providers. Additionally, this action would mitigate potential liability 
risks associated with observer and at-sea monitor deployments for 
vessel owners and shore side processors that are subject to monitoring 
requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Evan Howell, Director, Office of Science and 
Technology, National Marine Fisheries Service, Department of Commerce, 
National Oceanic and Atmospheric Administration, 1315 East-West 
Highway, Silver Spring, MD 20910, Phone: 301 427-8100, Email: 
[email protected].
    RIN: 0648-BJ33

39.  Amendment 23 to the Northeast Multispecies Fishery 
Management Plan

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: This action proposes measures recommended by the New 
England Fishery Management Council in Amendment 23 to the Northeast 
Multispecies Fishery Management Plan. The Council developed this action 
to implement measures to improve the reliability and accountability of 
catch reporting in the commercial groundfish fishery to ensure there is 
a precise and accurate representation of catch (landings and discards). 
The purpose of this action is to adjust the existing industry-funded 
monitoring program to improve accounting and accuracy of collected 
catch data. Specifically, this action would set a fixed target coverage 
rate as a percentage of fishing trips to replace the current annual 
method for calculating a coverage target. This action would exclude 
from the monitoring requirement all trips in geographic areas with low 
groundfish catch; allow for increased coverage when federal funding is 
available to reimburse industry's costs; set a baseline coverage target 
for which there is no reimbursement for industry's costs in the absence 
of federal funding; approve electronic monitoring technologies as an 
alternative to human at-sea monitors; require periodic evaluation of 
the monitoring program; allow for waivers from monitoring for good 
cause; and grant authority to the Northeast Regional Administrator to 
streamline industry's reporting requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Pentony, Regional Administrator, Greater 
Atlantic Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA 
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email: 
[email protected]
    RIN: 0648-BK17

40.  Framework Adjustment 61 to the Northeast Multispecies 
Fishery Management Plan

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: In response to action by the New England Fishery 
Management Council due to new scientific information, the proposed 
action would implement management measures included in Framework 
Adjustment 61 to the Northeast Multispecies Fishery Management Plan 
(Framework 61). The proposed action would set fishing years 2021-2023 
specifications for about half of groundfish stocks, and fishing year 
2021 total allowable catches (TAC) for the three U.S./Canada stocks 
Eastern Georges Bank cod, Eastern Georges Bank haddock, and Georges 
Bank yellowtail flounder. This action would also address white hake 
rebuilding measures and potentially create a universal sector exemption 
to allow fishing for redfish, pollock, and haddock.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Pentony, Regional Administrator, Greater 
Atlantic Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA 
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email: 
[email protected]
    RIN: 0648-BK24

41.  Amendment 14 to the Fishery Management Plan for the Salmon 
Fisheries in the EEZ Off Alaska

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: This action would modify the Fishery Management Plan for 
the Salmon Fisheries in the EEZ off Alaska (FMP) and implement 
regulations to manage the EEZ waters of Cook Inlet under the FMP and 
prohibit commercial fishing for salmon in this area. Currently, this 
area is excluded from the FMP and the State of Alaska manages 
commercial fishing for salmon in this area. If approved, this action 
would result in all commercial salmon fishing in Cook Inlet occurring 
within waters of the State of Alaska under State management plans. The 
North Pacific Fishery Management Council (Council) determined that this 
action is consistent with the Council's longstanding policy to 
facilitate management of salmon fishing by the State of Alaska and that 
the State is the authority best suited for managing Alaska salmon 
fisheries given its existing infrastructure and expertise. The Council 
considered, but did not select, two other action alternatives that 
would delegate management of the Cook Inlet EEZ to the State of Alaska, 
or establish Council and NMFS management of the commercial salmon 
fishery within the area. The Council did not select either of these 
alternatives because the State of Alaska was unwilling to accept 
delegation of management authority, and due to the substantial increase 
in management complexity and cost without corresponding benefits of 
both alternatives.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: James Balsiger, Regional Administrator, Alaska 
Region, Department of Commerce, National Oceanic and Atmospheric 
Administration, 709 West Ninth Street, Juneau, AK 99801, Phone: 907 
586-

[[Page 41189]]

7221, Fax: 907 586-7465, Email: [email protected].
    RIN: 0648-BK31

42. Establishment of Time-Area Closures for Hawaiian Spinner Dolphins 
Under the Marine Mammal Protection Act

    Legal Authority: 16 U.S.C. 1382 et seq.
    Abstract: This rulemaking action under the Marine Mammal Protection 
Act (MMPA) proposes to establish mandatory time-area closures of 
Hawaiian spinner dolphins' essential daytime habitats at five selected 
sites in the Main Hawaiian Islands (MHI). In considering public 
comments in response to a separate proposed rule related to spinner 
dolphin interactions (81 FR 57854), NMFS intends these regulatory 
measures to prevent take of Hawaiian spinner dolphins from occurring in 
inshore marine areas at essential daytime habitats, and where high 
levels of disturbance from human activities are most prevalent.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BK04

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

43. International Fisheries; Western and Central Pacific Fisheries for 
Highly Migratory Species; Requirements To Safeguard Fishery Observers

    Legal Authority: 16 U.S.C. 6901 et seq.
    Abstract: This rule would establish requirements to enhance the 
safety of fishery observers on highly migratory species fishing 
vessels. This rule would be issued under the authority of the Western 
and Central Pacific Fisheries Convention Implementation Act, and 
pursuant to decisions made by the Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean. This action is necessary for the United States to 
satisfy its obligations under the Convention on the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean, to which it is a Contracting Party.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/20/20  85 FR 66513
NPRM Comment Period End.............   11/19/20  .......................
Final Action........................   05/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Tosatto, Regional Administrator, Pacific 
Islands Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1845 Wasp Boulevard, Building 176, 
Honolulu, HI 96818, Phone: 808 725-5000, Email: 
[email protected].
    RIN: 0648-BG66

44. Omnibus Deep-Sea Coral Amendment

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: This action would implement the New England Fishery 
Management Council's Omnibus Deep-Sea Coral Amendment. The Amendment 
would implement measures that reduce impacts of fishing gear on deep-
sea corals in the Gulf of Maine and on the outer continental shelf. In 
doing so, this action would prohibit the use of mobile bottom-tending 
gear in two areas in the Gulf of Maine (Mount Desert Rock and Outer 
Schoodic Ridge), and it would prohibit the use of all gear (with an 
exception for red crab pots) along the outer continental shelf in 
waters deeper than a minimum of 600 meters.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Availability..............   08/26/19  84 FR 44596
NPRM................................   01/03/20  85 FR 285
NPRM Comment Period End.............   02/18/20  .......................
Final Action........................   06/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Pentony, Regional Administrator, Greater 
Atlantic Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA 
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email: 
[email protected].
    RIN: 0648-BH67

45. Generic Amendment to the Fishery Management Plans for the Reef Fish 
Resources of the Gulf of Mexico and Coastal Migratory Pelagic Resources 
in the Gulf of Mexico and Atlantic Region

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: This action, recommended by the Gulf of Mexico Fishery 
Management Council, would modify data reporting for owners or operators 
of federally permitted for-hire vessels (charter vessels and headboats) 
in the Gulf of Mexico, requiring them to declare the type of trip (for-
hire or other) prior to departing for any trip, and electronically 
submit trip-level reports prior to off-loading fish at the end of each 
fishing trip. The declaration would include the expected return time 
and landing location. Landing reports would include information about 
catch and effort during the trip. The action would also require that 
these reports be submitted via approved hardware that includes a global 
positioning system attached to the vessel that is capable, at a 
minimum, of archiving global positioning system locations. This 
requirement would not preclude the use of global positioning system 
devices that provide real-time location data, such as the currently 
approved vessel monitoring systems.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Availability..............   06/21/18  83 FR 28797
NPRM................................   10/26/18  83 FR 54069
Correction..........................   11/08/18  83 FR 55850
Comment Period Extended.............   11/20/18  83 FR 58522
NPRM Comment Period End.............   11/26/18  .......................
Comment Period Extended End.........   01/09/19  .......................
Final Rule..........................   07/21/20  85 FR 44005
Final Rule Effective................   01/05/21  .......................
Final Action; Announcement of          07/00/21  .......................
 Effectiveness for Delayed
 Provisions.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew J. Strelcheck, Acting Regional 
Administrator, Southeast Region, Department of Commerce, National 
Oceanic and Atmospheric Administration, 263 13th Avenue South, St. 
Petersburg, FL 33701, Phone: 727 824-5305, Email: 
[email protected].
    RIN: 0648-BH72

[[Page 41190]]

46. Magnuson-Stevens Fisheries Conservation and Management Act; 
Traceability Information Program for Seafood

    Legal Authority: 16 U.S.C. 1801 et seq.; Pub. L. 115-141
    Abstract: On December 9, 2016, NMFS issued a final rule that 
established a risk-based traceability program to track seafood from 
harvest to entry into U.S. commerce. The final rule included, for 
designated priority fish species, import permitting and reporting 
requirements to provide for traceability of seafood products offered 
for entry into the U.S. supply chain, and to ensure that these products 
were lawfully acquired and are properly represented. Shrimp and abalone 
products were included in the final rule to implement the Seafood 
Import Monitoring Program, but compliance with Seafood Import 
Monitoring Program requirements for those species was stayed 
indefinitely due to the disparity between Federal reporting programs 
for domestic aquaculture of shrimp and abalone products relative to the 
requirements that would apply to imports under Seafood Import 
Monitoring Program. In section 539 of the Consolidated Appropriations 
Act, 2018, Congress mandated lifting the stay on inclusion of shrimp 
and abalone in Seafood Import Monitoring Program and authorized the 
Secretary of Commerce to require comparable reporting and recordkeeping 
requirements for domestic aquaculture of shrimp and abalone. This 
rulemaking would establish permitting, reporting and recordkeeping 
requirements for domestic producers of shrimp and abalone from the 
point of production to entry into commerce.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/11/18  83 FR 51426
NPRM Comment Period End.............   11/26/18  .......................
Final Action........................   12/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Alexa Cole, Director, Office of International 
Affairs and Seafood Inspection, Department of Commerce, National 
Oceanic and Atmospheric Administration, 1315 East-West Highway, Silver 
Spring, MD 20910, Phone: 301 427-8286, Email: [email protected].
    RIN: 0648-BH87

47. Modification of Multi-Day Trip Possession Limits for Federally-
Permitted Charter/Headboat Vessels in the Fishery Management Plans 
(FMP) in the Gulf of Mexico

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: This rule would promote efficiency in the utilization of 
the reef fish and CMP resources and a potential decrease in regulatory 
discards by providing the owners and operators of federally permitted 
for-hire vessels greater flexibility in determining when to allow 
passengers to retain the possession limit on multi-day trips. The rule 
would modify the on-board possession limit for federal for-hire trips 
in the Gulf of Mexico, which currently allows anglers to retain two 
daily bag limits on a trip more than 24 hours, after the first 24 hours 
of that trip. The rule would increase the required trip duration to 
more than 30 hours, but would allow anglers to retain the second daily 
bag limit at any time after the federal for-hire vessel leaves the 
dock. All other requirements to retain the possession limit would be 
unchanged. In addition, this rule would modify the language in 
622.21(a)(3)(iii) and 622.22 (a)(3)(iii). The change would remove the 
wording `sequentially coded' from the sentence `NMFS will provide each 
Individual Fishing Quota (IFQ) dealer the necessary paper forms, 
sequentially coded, and instructions for submission of the forms to the 
RA'.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/28/20  85 FR 45363
NPRM Comment Period End.............   08/27/20  .......................
Final Rule..........................   02/24/21  86 FR 11152
Final Rule Effective................   03/26/21  .......................
Final Action; Announcement of          05/00/21  .......................
 Effectiveness for VMS Requirement.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew J. Strelcheck, Acting Regional 
Administrator, Southeast Region, Department of Commerce, National 
Oceanic and Atmospheric Administration, 263 13th Avenue South, St. 
Petersburg, FL 33701, Phone: 727 824-5305, Email: 
[email protected].
    RIN: 0648-BJ60

48. Framework Adjustment 8 to the Atlantic Herring Fishery Management 
Plan

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: In response to action by the New England Fishery 
Management Council based on the most recent stock assessment, this 
rulemaking action would set 2021-2023 fishing year specifications and 
adjust current herring measures. Changes in herring specifications may 
impact the Atlantic mackerel fishery because the fisheries often 
operate concurrently. Accordingly, this action would adjust current 
measures by providing more flexibility to participants in the Atlantic 
herring fishery in order to facilitate increased participation in the 
Atlantic mackerel fishery. The objectives of this action are to meet 
the overall goal of the Atlantic Herring Fishery Management Plan of 
managing the Atlantic herring fishery at long-term sustainable levels 
consistent with the National Standards of the Magnuson-Stevens Fishery 
Conservation and Management Act.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule Effective........   03/29/21  .......................
Interim Final Rule..................   04/01/21  86 FR 17081
Final Action........................   06/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Pentony, Regional Administrator, Greater 
Atlantic Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA 
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email: 
[email protected].
    RIN: 0648-BK11

49.  Framework Adjustment 33 to the Atlantic Sea Scallop 
Fishery Management Plan

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: At the January 2021 meeting of the New England Fishery 
Management Council, members voted to submit Framework 33 to NOAA's 
National Marine Fisheries Service (NMFS). Pursuant to section 304(a) of 
the Magnuson-Stevens Fishery Conservation and Management Act, NMFS is 
drafting an interim final rule to approve and implement Framework 33. 
The purpose of Framework 33 is to set management measures for the 
scallop fishery for the 2021 fishing year, the annual catch limits for 
the limited access and limited access general category fleets, as well 
as days-at-sea allocations and sea scallop access area trip 
allocations. Framework 33 implements specifications that would result 
in a reduction in projected landings as compared to fishing year

[[Page 41191]]

2020 (40.0 million pounds for fishing year 2021 compared to 51.6 
million pounds for fishing year 2020). This is due to a decrease in 
harvestable biomass and a lack of significant recruitment in recent 
years. Because of this, the economic impacts of the Framework 33 
fishery specifications are expected to be negative for the scallop 
vessels and small business entities compared to fishing year 2020. 
Furthermore, Framework 33 would maintain the existing seasonal closure 
in Closed Area II to reduce bycatch of Georges Bank yellowtail flounder 
and northern windowpane flounder, and close areas to fishing to protect 
small scallops and reduce bycatch of flatfish.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   05/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Pentony, Regional Administrator, Greater 
Atlantic Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA 
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email: 
[email protected].
    RIN: 0648-BK51

50.  Magnuson-Stevens Act Provisions; Fisheries off West Coast 
States; Emergency Action To Change Seasonal Processing Limitations in 
the At-Sea Whiting Fishery

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: On March 9, 2021 the Pacific Fishery Management Council 
(the Council) requested National Marine Fisheries Service (NMFS) 
initiate an emergency action to temporarily allow at-sea Pacific 
whiting processing platforms to operate as both a mothership (MS) and a 
catcher-processor (C/P) during the 2021 Pacific whiting fishery. The 
Pacific Coast Groundfish Fishery Management Plan prohibits vessels in 
the at-sea Pacific whiting sector from operating as both a MS and C/P 
during the same calendar year. At the March 2021 Council meeting, 
members of the Pacific whiting industry submitted a letter requesting 
the Council and NMFS take emergency action to lift this restriction in 
response to impacts to fishing operations from the ongoing COVID-19 
pandemic. During the 2020 whiting season, several at-sea processing 
vessels were forced to cease operations due to COVID-19 outbreaks 
onboard resulting in delays and lost processing capacity. In response, 
NMFS issued an emergency rule in June of 2020 to allow whiting vessels 
to operate as both a MS and C/P in the same calendar year. However, it 
was unforeseen that whiting fishery participants would still be dealing 
with effects of a COVID-19 pandemic a year later. There is continued 
risk to whiting vessels and loss of processing capacity should a COVID-
19 outbreak occur onboard a processing platform. Because of this risk 
and uncertainty, members of industry and the Council Groundfish 
Advisory Panel (GAP) recommended the Council take emergency action to 
allow available vessels to operate as either type of processing 
platform for the 2021 fishing year and avoid potential economic 
hardships. This emergency action would temporarily allow eligible MS 
and C/P vessels to operate as both a MS and C/P during the 2021 Pacific 
whiting fishing year, instead of opting into a single sector at the 
beginning of the season. However, vessels would continue to not be 
allowed to operate as both an MS and C/P on the same fishing trip. In 
the event of a COVID-19 outbreak onboard one platform, this flexibility 
could allow other processing platforms to process to harvest MS sector 
whiting allocations at-sea whiting catcher vessels would not otherwise 
be able to deliver to a MS vessel.
    NMFS has considered this action under E.O. 12866. Based on that 
review, this action is not expected to have an annual effect on the 
economy of $100 million or more, or have an adverse effect in a 
material way on the economy. Furthermore, this action would not create 
a serious inconsistency or otherwise interfere with an action taken or 
planned by another agency; or materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or raise novel or policy issues 
arising out of legal mandates, the President's priorities, or the 
principles set forth in this E.O.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Action........................   05/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Barry Thom, Regional Administrator, West Coast 
Region, Department of Commerce, National Oceanic and Atmospheric 
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 
97232, Phone: 503 231-6266, Email: [email protected].
    RIN: 0648-BK52

51. Reducing Disturbances to Hawaiian Spinner Dolphins From Human 
Interactions

    Legal Authority: 16 U.S.C. 1361 et seq.
    Abstract: This action implements regulatory measures under the 
Marine Mammal Protection Act to protect Hawaiian spinner dolphins that 
are resting in protected bays from take due to close approach 
interactions with humans.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/12/05  70 FR 73426
ANPRM Comment Period End............   01/11/06  .......................
NPRM................................   08/24/16  81 FR 57854
NPRM Comment Period End.............   10/23/16  .......................
NPRM Comment Period Reopened........   11/16/16  81 FR 80629
NPRM Comment Period Reopened End....   12/01/16  .......................
Final Action........................   05/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-AU02

52. Designation of Critical Habitat for the Arctic Ringed Seal

    Legal Authority: 16 U.S.C. 1531 et seq.
    Abstract: The National Marine Fisheries Service published a final 
rule to list the Arctic ringed seal as a threatened species under the 
Endangered Species Act (ESA) in December 2012. The ESA requires 
designation of critical habitat at the time a species is listed as 
threatened or endangered, or within one year of listing if critical 
habitat is not then determinable. This rulemaking would designate 
critical habitat for the Arctic ringed seal. The critical habitat 
designation would be in the northern Bering, Chukchi, and Beaufort seas 
within the current range of the species.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/03/14  79 FR 71714
Proposed Rule.......................   12/09/14  79 FR 73010
Notice of Public Hearings...........   01/13/15  80 FR 1618
Comment Period Extended.............   02/02/15  80 FR 5498
Proposed Rule 2.....................   01/08/21  86 FR 1452

[[Page 41192]]

 
Proposed Rule 2 Comment Period End..   03/09/21  .......................
Public Hearing......................   02/01/21  86 FR 7686
Public Hearing Comment Period End...   03/09/21  .......................
Comment Period Extended 2...........   03/09/21  86 FR 13517
Comment Period Extended 2 End.......   04/08/21  .......................
Final Action........................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BC56

53. Amendment and Updates to the Pelagic Longline Take Reduction Plan

    Legal Authority: 16 U.S.C. 1361 et seq.
    Abstract: Serious injury and mortality of the Western North 
Atlantic short-finned pilot whale stock incidental to the Category I 
Atlantic pelagic longline fishery continues at levels exceeding their 
Potential Biological Removal. This proposed action would examine a 
number of management measures to amend the Pelagic Longline Take 
Reduction Plan to reduce the incidental mortality and serious injury of 
short-finned pilot whales taken in the Atlantic Pelagic Longline 
fishery to below Potential Biological Removal. Potential management 
measures may include changes to the current limitations on mainline 
length, new requirements to use weak hooks (hooks with reduced breaking 
strength), and non-regulatory measures related to determining the best 
procedures for safe handling and release of marine mammals. The need 
for the proposed action is to ensure the Pelagic Longline Take 
Reduction Plan meets its Marine Mammal Protection Act mandated short- 
and long-term goals.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/15/20  85 FR 81168
NPRM Comment Period End.............   02/16/21  .......................
Final Action........................   12/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BF90

54. Designation of Critical Habitat for the Threatened Caribbean Corals

    Legal Authority: 16 U.S.C. 1531 et seq.
    Abstract: NMFS listed 5 Caribbean corals as threatened under the 
Endangered Species Act on October 10, 2014. Critical habitat shall be 
designated to the maximum extent prudent and determinable at the time a 
species is proposed for listing (50 CFR 424.12). We concluded that 
critical habitat was not determinable for the 5 corals at the time of 
listing. However, we anticipated that critical habitat would be 
determinable in the future given on-going research. We, therefore, 
announced in the final listing rules that we would propose critical 
habitat in separate rulemakings. This rule proposes to designate 
critical habitat for the 5 Caribbean coral species listed in 2014. A 
separate proposed critical habitat rule is being prepared for the 15 
Indo-Pacific corals listed as threatened in 2014. The proposed 
designation for the Caribbean corals may include marine waters in 
Florida, Puerto Rico, US Virgin Islands, Navassa Island, and Flower 
Garden Banks containing essential features that support all stages of 
life history of the corals. The proposed rule is not likely to have an 
annual effect on the economy of $100 million or more or adversely 
affect the economy. NMFS has contacted the Departments of the Navy, Air 
Force, and Army as well as the U.S. Coast Guard requesting information 
related to potential national security impacts that may result from the 
critical habitat designation. Based on information provided, we 
concluded that there will be an impact on national security in only 1 
area offshore Dania Beach, FL, and will propose to exclude it from the 
designations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/27/20  85 FR 76302
NPRM Comment Period End.............   01/26/21  .......................
Final Rule..........................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BG26

55. Revision to Critical Habitat Designation for Endangered Southern 
Resident Killer Whales

    Legal Authority: 16 U.S.C. 1531 et seq.
    Abstract: The proposed action would revise the designation of 
critical habitat for the endangered Southern Resident killer whale 
distinct population segment, pursuant to section 4 of the Endangered 
Species Act. Critical habitat for this population is currently 
designated within inland waters of Washington. In response to a 2014 
petition, NMFS is proposing to expand the designation to include areas 
occupied by Southern Resident killer whales in waters along the U.S. 
West Coast. Impacts from the designation would stem mainly from Federal 
agencies' requirement to consult with NMFS, under section 7 of the 
Endangered Species Act, to ensure that any action they carry out, 
permit (authorize), or fund will not result in the destruction or 
adverse modification of critical habitat of a listed species. Federal 
agencies are already required to consult on effects to the currently 
designated critical habitat in inland waters of Washington, but 
consultation would be newly required for actions affecting the expanded 
critical habitat areas. Federal agencies are also already required to 
consult within the Southern Resident killer whales' range (including 
along the U.S. West Coast) to ensure that any action they carry out, 
permit, or fund will not jeopardize the continued existence of the 
species; this requirement would not change with a revision to the 
critical habitat designation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/19/19  84 FR 49214
NPRM Comment Period End.............   12/18/19  .......................
Final Rule..........................   07/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BH95

56. Atlantic Large Whale Take Reduction Plan Modifications To Reduce 
Serious Injury and Mortality of Large Whales in Commercial Trap/Pot 
Fisheries Along the U.S. East Coast

    Legal Authority: 16 U.S.C. 1387 et seq.

[[Page 41193]]

    Abstract: In response to recent recommendations from the Atlantic 
Large Whale Take Reduction Team (TRT) to reduce the risk of North 
Atlantic right whale entanglement in commercial trap/pot fisheries 
along the U.S. East Coast, the National Marine Fisheries Service (NMFS) 
intends to propose regulations to amend the Atlantic Large Whale Take 
Reduction Plan (Plan).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/31/20  85 FR 86878
NPRM Comment Period End.............   03/01/21  .......................
Final Action........................   07/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BJ09

57. Designation of Critical Habitat for Threatened Indo-Pacific Reef-
Building Corals

    Legal Authority: 16 U.S.C. 1531 et seq.
    Abstract: On September 10, 2014, NMFS listed 20 species of reef-
building corals as threatened under the Endangered Species Act, 15 in 
the Indo-Pacific and five in the Caribbean. Of the 15 Indo-Pacific 
species, seven occur in U.S. waters of the Pacific Islands Region, 
including in American Samoa, Guam, the Commonwealth of the Mariana 
Islands, and the Pacific Remote Island Areas. This proposed rule would 
designate critical habitat for the seven species in U.S. waters 
(Acropora globiceps, Acropora jacquelineae, Acropora retusa, Acropora 
speciosa, Euphyllia paradivisa, Isopora crateriformis, and Seriatopora 
aculeata). A separate proposed rule will designate critical habitat for 
the listed Caribbean coral species. The proposed designation may cover 
coral reef habitat around 13 island or atoll units in the Pacific 
Islands Region, including three in American Samoa, one in Guam, seven 
in the Commonwealth of the Mariana Islands, and two in Pacific Remote 
Island Areas, containing essential features that support reproduction, 
growth, and survival of the listed coral species. NMFS has contacted 
the Departments of the Navy, Air Force, and Army as well as the U.S. 
Coast Guard requesting information related to potential national 
security impacts that may result from the critical habitat designation. 
Based on information provided, we will determine whether to propose to 
exclude any areas based on national security impacts.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/27/20  85 FR 76262
NPRM Comment Period End.............   01/26/21  .......................
NPRM Comment Period Extended........   12/23/20  85 FR 83899
NPRM Comment Period Extended End....   02/25/21  .......................
Second NPRM Comment Period Extended.   02/09/21  86 FR 8749
Second Extended Comment Period End..   03/27/21  .......................
Final Rule..........................   11/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BJ52

58. Designation of Critical Habitat for the Beringia Distinct 
Population Segment of the Bearded Seal

    Legal Authority: 16 U.S.C. 1531 et seq.
    Abstract: NMFS published a final rule to list the Beringia Distinct 
Population Segment (DPS) of bearded seals as a threatened species under 
the Endangered Species Act (ESA) in December 2012, thereby triggering 
the requirement under section 4 of the ESA to designate critical 
habitat for the Beringia DPS to the maximum extent prudent and 
determinable. NMFS has already initiated rulemaking to establish 
critical habitat for Arctic ringed seals, which were also listed as 
threatened under the ESA in December 2012, and that action is 
proceeding separately. This rulemaking action proposes to designate 
critical habitat in areas occupied by bearded seals in U.S. waters over 
the continental shelf in the northern Bering, Chukchi, and Beaufort 
Seas. Impacts from the designation of critical habitat for Beringia DPS 
bearded seals would stem from the statutory requirement that Federal 
agencies consult with NMFS under section 7 of the ESA to ensure that 
any action they carry out, authorize, or fund is not likely to result 
in the destruction or adverse modification of bearded seal critical 
habitat. Federal agencies are already required to consult with NMFS 
under section 7 of the ESA to ensure that any action they authorize, 
fund, or carry out is not likely to jeopardize the continued existence 
of the Beringia DPS of bearded seals.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/08/21  86 FR 1433
NPRM Comment Period End.............   03/09/21  .......................
Public Hearing......................   02/01/21  86 FR 7686
Public Hearing Comment Period End...   03/09/21  .......................
Comment Period Extended.............   03/09/21  86 FR 13518
Comment Period Extended End.........   04/08/21  .......................
Final Action........................   03/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BJ65

NOS/ONMS

59. Wisconsin-Lake Michigan National Marine Sanctuary Designation

    Legal Authority: 16 U.S.C. 1431 et seq.
    Abstract: On December 2, 2014, pursuant to section 304 of the 
National Marine Sanctuaries Act and the Sanctuary Nomination Process 
(79 FR 33851), a coalition of community groups submitted a nomination 
asking NOAA to designate an area of Wisconsin's Lake Michigan waters as 
a national marine sanctuary. The area is a region that includes 875 
square miles of Lake Michigan waters and bottomlands adjacent to 
Manitowoc, Sheboygan, and Ozaukee counties and the cities of Port 
Washington, Sheboygan, Manitowoc, and Two Rivers. It includes 80 miles 
of shoreline and extends 9 to 14 miles from the shoreline. The area 
contains an extraordinary collection of submerged maritime heritage 
resources (shipwrecks) as demonstrated by the listing of 15 shipwrecks 
on the National Register of Historic Places. The area includes 39 known 
shipwrecks, 123 reported vessel losses, numerous other historic 
maritime-related features, and is adjacent to communities that have 
embraced their centuries-long relationship with Lake Michigan. NOAA 
completed its review of the nomination in accordance with the Sanctuary 
Nomination Process and on February 5, 2015, added the area to the 
inventory of

[[Page 41194]]

nominations that are eligible for designation. On October 7, 2015, NOAA 
issued a notice of intent to begin the designation process and asked 
for public comment on making this area a national marine sanctuary. 
Designation under the National Marine Sanctuaries Act would allow NOAA 
to supplement and complement work by the State of Wisconsin and other 
Federal agencies to protect this collection of nationally significant 
shipwrecks.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/09/17  82 FR 2269
NPRM Comment Period End.............   03/31/17  .......................
Final Action........................   06/00/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Russ Green, Department of Commerce, National 
Oceanic and Atmospheric Administration, 1401 Constitution Avenue, 
Washington, DC 20230, Phone: 989 766-3359, Email: [email protected].
    Jessica Kondel, Policy and Planning Division Division Chief, 
Department of Commerce, National Oceanic and Atmospheric 
Administration, 1305 East West Highway, Building SSMC4, Silver Spring, 
MD 20910, Phone: 240 533-0647.
    RIN: 0648-BG01

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

60. Implementation of a Program for Transshipments by Large Scale 
Fishing Vessels in the Eastern Pacific Ocean

    Legal Authority: 16 U.S.C. 951 et seq.; 16 U.S.C. 971 et seq.
    Abstract: This rule would implement the Inter-American Tropical 
Tuna Commission program to monitor transshipments by large-scale tuna 
fishing vessels, and would govern transshipments by U.S. large-scale 
tuna fishing vessels and carrier, or receiving, vessels. The rule would 
establish: criteria for transshipping in port; criteria for 
transshipping at sea by longline vessels to an authorized carrier 
vessel with an Inter-American Tropical Tuna Commission observer onboard 
and an operational vessel monitoring system; and require the Pacific 
Transshipment Declaration Form, which must be used to report 
transshipments in the Inter-American Tropical Tuna Commission 
Convention Area. This rule is necessary for the United States to 
satisfy its international obligations under the 1949 Convention for the 
Establishment of an Inter-American Tropical Tuna, to which it is a 
Contracting Party.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Barry Thom, Phone: 503 231-6266, Email: 
[email protected].
    RIN: 0648-BD59

61. Amendment 111 to the Fishery Management Plan for Groundfish of the 
Gulf of Alaska To Reauthorize the Central Gulf of Alaska Rockfish 
Program

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: In response to a recommendation by the North Pacific 
Fishery Management Council, this action implements Amendment 111 to the 
Fishery Management Plan for the Gulf of Alaska. This action would 
reauthorize the Central Gulf of Alaska (CGOA) Rockfish Program (RP) 
fisheries and modify specific implementing regulations to improve 
program effectiveness and efficiency. This action includes the 
following revisions to the RP: Remove the RP sunset date; authorize 
NMFS to reallocate unharvested RP Pacific cod and unused rockfish 
incidental catch allowances; remove specific harvesting limits created 
under the Crab Rationalization Program prior to the implementation of 
the RP; and remove or modify equipment and reporting requirements to 
improve operational efficiency, clarify regulations and remove 
unnecessary requirements. This action allows for the continued 
existence of the successful CGOA RP and maintains the benefits realized 
under the program. This action also builds upon the existing benefits 
of the RP by implementing minor regulatory changes that improve 
clarity, consistency and removes unnecessary regulatory requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Availability..............   07/28/20  85 FR 45367
NPRM................................   09/04/20  85 FR 55243
NPRM Comment Period End.............   10/05/20
Final Rule..........................   03/01/21  86 FR 11895
Final Rule Effective................   03/31/21
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: James Balsiger, Phone: 907 586-7221, Fax: 907 586-
7465, Email: [email protected].
    RIN: 0648-BJ73

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

62. Area of Overlap Between the Convention Areas of the Inter-American 
Tropical Tuna Commission and the Western and Central Pacific Fisheries 
Commission

    Legal Authority: 16 U.S.C. 6901 et seq.; 16 U.S.C. 951 et seq.
    Abstract: Under authority of the Western and Central Pacific 
Fisheries Convention Implementation Act and the Tuna Conventions Act, 
an area of overlap (overlap area) exists between the respective areas 
of competence of the Commission for the Conservation and Management of 
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean 
and the Inter-American Tropical Tuna Commission. NMFS proposes to 
change the application of the two Commissions' management decisions in 
the overlap area to specifically apply Inter-American Tropical Tuna 
Commission management measures in the overlap area rather than those of 
the Commission for the Conservation and Management of Highly Migratory 
Fish Stocks in the Western and Central Pacific Ocean that currently 
apply there.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   06/12/18  83 FR 27305
ANPRM Comment Period End............   07/12/18
NPRM................................   11/07/19  84 FR 60040
NPRM Comment Period End.............   11/22/19
Final Rule..........................   06/22/20  85 FR 37376
Final Rule Effective................   07/22/20
Final Action; Announcement of          03/23/21  86 FR 15428
 Effectiveness of Collection-of-
 Information Requirements.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Tosatto, Regional Administrator, Pacific 
Islands Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1845 Wasp Boulevard,

[[Page 41195]]

Building 176, Honolulu, HI 96818, Phone: 808 725-5000, Email: 
[email protected].
    RIN: 0648-BH59

63. Atlantic Highly Migratory Species; Regulatory Amendment for the 
Management of Atlantic Swordfish

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: Upon recommendation of the HMS Advisory Panel, this 
action would modify existing management measures for North Atlantic 
swordfish under the 2006 Consolidated FMP in U.S. Atlantic and 
Caribbean waters. This rulemaking would increase default retention 
limits for the Commercial Caribbean Small Boat (CCSB) and Swordfish 
General Commercial permits and adding inseason adjustment criteria for 
the CCSB permits. This proposed action is intended to provide 
additional opportunities to more fully harvest the U.S. North Atlantic 
swordfish quota, which has been significantly under harvested for many 
years.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/27/20  85 FR 23315
NPRM Comment Period End.............   06/26/20
Final Action........................   04/30/21  86 FR 22882
Final Action Effective..............   06/01/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kelly Denit, Director, Office of Sustainable 
Fisheries, Department of Commerce, National Oceanic and Atmospheric 
Administration, 1315 East-West Highway, Room 13362, Silver Spring, MD 
20901, Phone: 301 427-8500, Email: [email protected].
    RIN: 0648-BI09

64. Amendment 8 to the Atlantic Herring Fishery Management Plan

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: In response to a recommendation by the New England 
Fishery Management Council, this action implements measures for a long-
term acceptable biological catch (ABC) control rule to address the 
biological and ecological requirements of the Atlantic herring stock, 
including explicitly accounting for Atlantic herring's role in the 
ecosystem, and minimizing localized depletion and user group conflict 
when effort in the Atlantic herring fishery overlaps (spatially and 
temporally) with effort in fisheries targeting predators of Atlantic 
herring (e.g., tuna, groundfish) or ecotourism industries. 
Specifically, this action implements a control rule generating an ABC 
intended to meet specific criteria identified by the New England 
Fishery Management Council, including low variability in yield, low 
probability of the stock becoming overfished, low probability of a 
fishery shutdown, and catch limits set at a relatively high proportion 
of maximum sustainable yield. This action would specify that ABC would 
be set for a 3-year period, but would allow ABC to vary year-to-year in 
response to projected changes in biomass.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Availability..............   08/21/19  84 FR 43573
NPRM................................   10/09/19  84 FR 54094
NPRM Comment Period End.............   11/25/19
Final Action........................   01/11/21  86 FR 1810
Final Action Effective..............   02/10/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Pentony, Regional Administrator, Greater 
Atlantic Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA 
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email: 
[email protected].
    RIN: 0648-BI80

65. Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass 
Fishery Management Plan

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: This rulemaking action implements measures recommended by 
the Mid-Atlantic Fishery Management Council and Atlantic States Marine 
Fisheries Commission that would adjust the current state-by-state 
commercial quota allocations in the summer flounder fishery and update 
the goals and objective for summer flounder fishery management in the 
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan 
(FMP). The revised quota allocation would maintain the current state-
by-state allocation percentages when distributing the annual coastwide 
quota up to 9.55 million pounds. In years when the coastwide quota is 
above 9.55 million pounds, additional quota beyond this trigger would 
be distributed in equal shares to all states except Maine, Delaware, 
and New Hampshire (i.e., states with very little directed fishing 
effort), which would split one percent of the additional quota. The 
current state-by-state quota allocations have not been adjusted since 
originally implemented in 1993. The intent of this amendment is to 
modify the allocations to respond to changes in summer flounder 
distribution while also recognizing the states' historical reliance on 
summer flounder. The Council and Board intend to review the adjusted 
quota allocations again in no more than 10 years.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Availability..............   07/29/20  85 FR 45571
NPRM................................   08/12/20  85 FR 48660
NPRM Comment Period End.............   09/11/20
Final Action........................   12/14/20  85 FR 80661
Final Action Effective..............   01/01/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michael Pentony, Regional Administrator, Greater 
Atlantic Region, Department of Commerce, National Oceanic and 
Atmospheric Administration, 55 Great Republic Drive, Gloucester, MA 
01930, Phone: 978 281-9283, Fax: 978 281-9207, Email: 
[email protected].
    RIN: 0648-BJ18

66. Salmon Bycatch Minimization in the Pacific Coast Groundfish Fishery

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: The proposed action would implement salmon bycatch 
minimization measures in the Pacific Coast groundfish fishery to comply 
with the terms and conditions of a December 2017 biological opinion on 
Endangered Species Act-listed salmon interactions in the groundfish 
fishery. The proposed action would establish additional management 
tools (e.g. area-based closures and gear restrictions) the Council and 
NMFS could use as needed to keep fishery sectors within Chinook and 
coho salmon bycatch guidelines as established in a prior rulemaking. 
The proposed action would establish the rules or circumstances under 
which the fishery sectors would be allowed to access an established 
salmon bycatch Reserve. Under the proposed action, NMFS is required to 
take an action before fishery participants can access the Reserve; such 
action may include implementation of a measure such as an area-based 
closure or gear restriction, or approval of a plan outlining how a 
whiting cooperative will minimize its salmon bycatch. Finally, the 
proposed action would change the bycatch levels at which the trawl 
fishery would be closed in order to preserve 500 Chinook salmon as 
bycatch so that the recreational and fixed gear fisheries

[[Page 41196]]

could continue operating in years of high trawl fishery bycatch.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/20/20  85 FR 66519
NPRM Comment Period End.............   11/19/20
Final Rule..........................   02/23/21  86 FR 10857
Final Rule Effective................   03/25/21
Final Rule; Collection of              04/29/21  86 FR 22587
 Information.
Final Rule; Collection of              04/29/21
 Information Effective Date.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Barry Thom, Regional Administrator, West Coast 
Region, Department of Commerce, National Oceanic and Atmospheric 
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 
97232, Phone: 503 231-6266, Email: [email protected].
    RIN: 0648-BJ50

67. International Fisheries; Pacific Tuna Fisheries; Fishing 
Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2021

    Legal Authority: 16 U.S.C. 951 et seq.
    Abstract: NMFS is issuing regulations under the Tuna Conventions 
Act to implement Resolution C-20-05 (Conservation of Tuna in the 
Eastern Pacific Ocean During 2021), which was adopted by the Inter-
American Tropical Tuna Commission (IATTC or Commission) on December 22, 
2020. All of the provisions of Resolution C-20-05 are identical in 
content to the previous resolution on tropical tuna management that 
expired at the end of 2020. This interim final rule implements the C-
20-05 fishing management measures for tropical tuna (i.e., bigeye tuna 
(Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna 
(Katsuwonus pelamis)) in the eastern Pacific Ocean (EPO). The fishing 
restrictions in this interim final rule are applicable in 2021 only and 
apply to purse seine vessels of class sizes 46 (carrying capacity of 
182 metric tons (mt) or greater) and longline vessels greater than 24 
meters (m) in overall length that fish for tropical tuna in the EPO. 
This interim final rule is necessary for the conservation of tropical 
tuna stocks in the EPO and for the United States to satisfy its 
obligations as a member of the IATTC.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   01/19/21  86 FR 5033
Interim Final Rule Effective........   01/19/21
Interim Final Rule Comment Period      02/18/21
 End.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Barry Thom, Regional Administrator, West Coast 
Region, Department of Commerce, National Oceanic and Atmospheric 
Administration, 1201 NE Lloyd Boulevard, Suite 1100, Portland, OR 
97232, Phone: 503 231-6266, Email: [email protected].
    RIN: 0648-BK08

68. Taking and Importing Marine Mammals: Taking Marine Mammals 
Incidental to Geophysical Surveys Related to Oil and Gas Activities in 
the Gulf of Mexico

    Legal Authority: 16 U.S.C. 1361 et seq.
    Abstract: The National Marine Fisheries Service is taking this 
action in response to an October 17, 2016, petition from the U.S. 
Department of Interior (DOI), Bureau of Ocean Energy Management (BOEM), 
to promulgate regulations governing the authorization of take of marine 
mammals incidental to oil and gas industry geophysical surveys 
conducted in support of hydrocarbon exploration and development on the 
Outer Continental Shelf in the Gulf of Mexico from approximately 2021 
through 2026.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/22/18  83 FR 29212
NPRM Comment Period End.............   08/21/18
Final Rule..........................   01/19/21  86 FR 5322
Final Rule; Correction..............   04/09/21  86 FR 18476
Final Rule; Correction Effective....   04/09/21
Final Rule Effective................   04/19/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BB38

69. Designation of Critical Habitat for the Mexico, Central American, 
and Western Pacific Distinct Population Segments of Humpback Whales 
Under the Endangered Species Act

    Legal Authority: 16 U.S.C. 1531 et seq.
    Abstract: This action will propose the designation of critical 
habitat for three distinct population segments of humpback whales 
(Megaptera novaeangliae) pursuant to section 4 of the Endangered 
Species Act. The three distinct population segments of humpback whales 
concerned--the Mexico, Central American, and Western Pacific distinct 
population segments--were listed under the Endangered Species Act on 
September 8, 2016, thereby triggering the requirement under section 4 
of the Endangered Species Act to designate critical habitat to the 
maximum extent prudent and determinable. Proposed critical habitat for 
these three distinct population segments of humpback whales will 
include marine habitats within the Pacific Ocean and Bering Sea and 
will likely overlap with several existing designations, including 
critical habitat for leatherback sea turtles, North Pacific right 
whales, Steller sea lions, southern resident killer whales, and the 
southern distinct population segment of green sturgeon. Impacts from 
the designations for humpback whales would stem from the statutory 
requirement for Federal agencies to consult with NMFS, under section 7 
of the Endangered Species Act, to ensure that any action they carry 
out, authorize, or fund will not result in the destruction or adverse 
modification of humpback whale critical habitat. Within many of the 
areas we are evaluating for potential proposal as critical habitat for 
the humpback whales distinct population segments, Federal agencies are 
already required to consult on effects to currently designated critical 
habitat for other listed species. Federal agencies are also already 
required to consult with NMFS under section 7 of the Endangered Species 
Act to ensure that any action they authorize, fund or carry out will 
not jeopardize the continued existence of the listed distinct 
population segments of humpback whales.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/09/19  84 FR 54354
NPRM Comment Period End.............   12/09/19
NPRM Comment Period Extended........   11/27/19  84 FR 65346

[[Page 41197]]

 
NPRM Comment Period Extended End....   01/31/20
Final Action........................   04/21/21  86 FR 21082
Final Action Effective..............   05/21/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Marzin, Acting Director, Office of 
Protected Resources, Department of Commerce, National Oceanic and 
Atmospheric Administration, 1315 East-West Highway, Silver Spring, MD 
20910, Phone: 301 427-8400.
    RIN: 0648-BI06

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Proposed Rule Stage

70.  Changes To Implement Provisions of the Trademark 
Modernization Act of 2020

    Legal Authority: 15 U.S.C. 1066; 15 U.S.C. 1067; 15 U.S.C. 1113; 15 
U.S.C. 1123; 35 U.S.C. 2; Pub. L. 112-29; Pub. L. 116-260
    Abstract: The United States Patent and Trademark Office (USPTO) 
amends the rules of practice in trademark cases to implement provisions 
of the Trademark Modernization Act of 2020. The amended rules establish 
new ex parte expungement and reexamination proceedings; provide for 
flexible Office action response periods; and amend the letter-of-
protest rule. The USPTO also amends the rules to set fees for petitions 
requesting initiation of the new ex parte cancellation proceedings and 
for requests to extend Office action response deadlines and to amend 
the rules concerning the suspension of USPTO proceedings and the rules 
governing attorney recognition in trademark matters.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/21
NPRM Comment Period End.............   07/00/21
Final Action........................   11/00/21
Final Action Effective..............   12/00/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Cain, Trademark Manual of Examining 
Procedure Editor, Department of Commerce, Patent and Trademark Office, 
P.O. Box 1451, Alexandria, VA 22313, Phone: 571 272-8946, Fax: 751 273-
8946, Email: [email protected].
    RIN: 0651-AD55

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Completed Actions

71. Trademark Fee Adjustment

    Legal Authority: 15 U.S.C. 1066; 15 U.S.C. 1067; 15 U.S.C. 1113; 15 
U.S.C. 1123; 35 U.S.C. 2; Pub. L. 112-29
    Abstract: The United States Patent and Trademark Office (Office) 
takes this action to set and adjust Trademark fee amounts to provide 
the Office with a sufficient amount of aggregate revenue to recover its 
aggregate cost of operations while helping the Office maintain a 
sustainable funding model, ensure integrity of the Trademark register, 
and promote efficiency of processes.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/19/20  85 FR 37040
NPRM Comment Period End.............   08/03/20
Final Rule..........................   11/17/20  85 FR 73197
Final Rule; Delay of Effective Date.   12/15/20  85 FR 81123
Final Rule Effective................   02/18/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Cain, Trademark Manual of Examining 
Procedure Editor, Department of Commerce, Patent and Trademark Office, 
P.O. Box 1451, Alexandria, VA 22313, Phone: 571 272-8946, Fax: 751 273-
8946, Email: [email protected].
    RIN: 0651-AD42

[FR Doc. 2021-14867 Filed 7-29-21; 8:45 am]
BILLING CODE 3410-12-P
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