48252 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda 

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 2022 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 2021 agenda. 

The purpose of the Agenda is to provide 

information to the public on regulations 

that are currently under review, being 

proposed, or recently issued by 

Commerce. It is expected that this 

information will enable the public to 

participate more effectively in the 

Department’s regulatory process. 

Commerce’s spring 2022 regulatory 

agenda includes regulatory activities 

that are expected to be conducted 

during the period June 1, 2022, through 

May 31, 2023. 

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 2022 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. 

By memorandum of August 16, 2021, 

the Office of Management and Budget 

issued guidelines and procedures for the 

preparation and publication of the 

spring 2022 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. 

The internet is 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 recommend 

actions to NMFS deemed 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 2022 regulatory 

agenda follows. 

Leslie Kiernan, 

General Counsel. 


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GENERAL ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

31 ...................... Securing the Information and Communications Technology and Services Supply Chain: Licensing Procedures.0605–AA60 

GENERAL ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

32 ...................... Concrete Masonry Products Research, Education, and Promotion ................................................................ 0605–AA53 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

33 ...................... Comprehensive Fishery Management Plan for Puerto Rico, Comprehensive Fishery Management Plan for 

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

0648–BD32 

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

Tuna Treaty.

0648–BG04 

35 ...................... Illegal, Unreported, and Unregulated Fishing; Fisheries Enforcement; High Seas Driftnet Fishing Moratorium Protection Act.0648–BG11 

36 ...................... Atlantic Highly Migratory Species; Research and Data Collection in Support of Spatial Fisheries Management.0648–BI10 

37 ...................... Implementation of Resolutions C–21–04 and C–21–06 of the Inter-American Tropical Tuna Commission 

for Tropical Tuna and Silky Shark Conservation.

0648–BK84 

38 ...................... Amendment 122 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands 

Management Area; Pacific Cod Trawl Cooperative Program.

0648–BL08 

39 ...................... Amendment 123 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands 

Management Area; Halibut Abundance-Based Management of Amendment 80 Prohibited Species 

Catch Limit.

0648–BL42 

40 ...................... Amendments to the North Atlantic Right Whale Vessel Strike Reduction Rule ............................................. 0648–BI88 

41 ...................... Designation of Critical Habitat for Threatened Indo-Pacific Reef-Building Corals .......................................... 0648–BJ52 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

42 ...................... 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.0648–BH70 

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

Seafood.

0648–BH87 

44 ...................... Atlantic Highly Migratory Species: Amendment 13 on Bluefin Tuna Management ........................................ 0648–BI08 

45 ...................... Establish National Insurance Requirements for Observer Providers .............................................................. 0648–BJ33 

46 ...................... Amendment 23 to the Northeast Multispecies Fishery Management Plan ..................................................... 0648–BK17 

47 ...................... Amendment 14 to the Fishery Management Plan for the Salmon Fisheries in the EEZ Off Alaska .............. 0648–BK31 

48 ...................... Framework Adjustment 63 to the Northeast Multispecies Fishery Management Plan ................................... 0648–BL12 

49 ...................... Atlantic Highly Migratory Species; Rule to Modify the Retention Limit of Shortfin Mako Sharks ................... 0648–BL17 

50 ...................... Amendment and Updates to the Pelagic Longline Take Reduction Plan ....................................................... 0648–BF90 

51 ...................... Designation of Critical Habitat for the Threatened Caribbean Corals ............................................................. 0648–BG26 

52 ...................... 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.

0648–BJ09 

53 ...................... Establishment of Time-Area Closures for Hawaiian Spinner Dolphins Under the Marine Mammal Protection Act.0648–BK04 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

54 ...................... International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of 

U.S. Purse Seine Fishing With Respect to U.S. Territories.

0648–BF41 


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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

Ocean.

0648–BD59 

56 ...................... 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.

0648–BH72 

57 ...................... Bluefish Allocation and Rebuilding Amendment (Amendment 7 to the Bluefish Fishery Management Plan) 0648–BK64 

58 ...................... Silky Shark Regulations in the Eastern Pacific Ocean in 2022 and Beyond .................................................. 0648–BK87 

59 ...................... International Fisheries; Pacific Tuna Fisheries; Purse Seine Observer Exemptions in the Eastern Pacific

Ocean.

0648–BK88 

60 ...................... Atlantic Highly Migratory Species; Rule to Modify Atlantic Bluefin Tuna and North Atlantic Albacore 

Quotas.

0648–BL16 

61 ...................... Rulemaking to Modify the 2022 Halibut Individual Fishing Quota (IFQ) Vessel Harvest Limitations in IFQ 

Regulatory Areas 4A, 4B, 4C, and 4D.

0648–BL28 

62 ...................... Designation of Critical Habitat for the Arctic Ringed Seal ............................................................................... 0648–BC56 

63 ...................... Designation of Critical Habitat for the Beringia Distinct Population Segment of the Bearded Seal ............... 0648–BJ65 

64 ...................... Monterey Bay National Marine Sanctuary Regulations and Management Plan ............................................. 0648–BI01 

PATENT AND TRADEMARK OFFICE—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

65 ...................... Changes To Implement Provisions of the Trademark Modernization Act of 2020 ......................................... 0651–AD55 

DEPARTMENT OF COMMERCE (DOC) 

General Administration (ADMIN) 

Proposed Rule Stage 

31. Securing the Information and 

Communications Technology and 

Services Supply Chain: Licensing 

Procedures [0605–AA60] 

Legal Authority: Not Yet Determined 

Abstract: The Department is seeking 

public input regarding establishing a 

licensing process for entities to seek preapproval 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 .................. 07/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Joe Bartles, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, Phone: 202 482–3084, Email: 

jbartles@doc.gov. 

RIN: 0605–AA60 

DEPARTMENT OF COMMERCE (DOC) 

General Administration (ADMIN) 

Completed Actions 

32. Concrete Masonry Products 

Research, Education, and Promotion 

[0605–AA53] 

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 ......... 09/15/21 86 FR 51456 

Final Action Effective.11/29/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Asha Mathew, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230, Phone: 202 306–0487, Email: 

amathew@doc.gov. 

RIN: 0605–AA53 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Proposed Rule Stage 

National Marine Fisheries Service 

33. Comprehensive Fishery 

Management Plan for Puerto Rico, 

Comprehensive Fishery Management 

Plan for St. Croix, Comprehensive 

Fishery Management Plan for St. 

Thomas/St. John [0648–BD32] 

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, 


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Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda 48255 

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 

Comment Period 

End.

08/25/20 

NPRM .................. 05/19/22 87 FR 30730 

NPRM Comment 

Period End.

06/21/22 

Final Action ......... 08/00/22. 

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: andy.strelcheck@

noaa.gov. 

RIN: 0648–BD32 

34. International Fisheries; South 

Pacific Tuna Fisheries; Implementation 

of Amendments to the South Pacific 

Tuna Treaty [0648–BG04] 

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 Juneto-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 .................. 06/00/22. 

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: 

michael.tosatto@noaa.gov. 

RIN: 0648–BG04 

35. Illegal, Unreported, and 

Unregulated Fishing; Fisheries 

Enforcement; High Seas Driftnet Fishing 

Moratorium Protection Act [0648– 

BG11] 

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 .................. 06/00/22 

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 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 427–8286, Email: 

alexa.cole@noaa.gov. 

RIN: 0648–BG11 

36. Atlantic Highly Migratory Species; 

Research and Data Collection in 

Support of Spatial Fisheries 

Management [0648–BI10] 

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 gearrestricted 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 fisherydependent 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 .................. 12/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kelly Denit, Director, 

Office of Sustainable Fisheries, 


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48256 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1315 East-West 

Highway, Room 13362, Silver Spring, 

MD 20901, Phone: 301 427–8500, Email: 

kelly.denit@noaa.gov. 

RIN: 0648–BI10 

37. Implementation of Resolutions C– 

21–04 and C–21–06 of the InterAmerican Tropical Tuna Commission 

for Tropical Tuna and Silky Shark 

Conservation [0648–BK84] 

Legal Authority: 16 U.S.C. 951; 16 

U.S.C. 952; 16 U.S.C. 953; 16 U.S.C. 954; 

. . . 

Abstract: The Inter-American Tropical 

Tuna Commission (IATTC) is expected 

to adopt by consensus a Resolution for 

Conservation Measures for Tropical 

Tunas in the Eastern Pacific Ocean in 

October 2021. The Resolution is binding 

for IATTC member nations, and under 

the Tuna Conventions Act, 16 U.S.C. 

951 et seq. NMFS must implement the 

Resolution domestically. This proposed 

rule would implement the provisions 

for tropical tuna for 2022 and beyond. 

In addition to rolling over measures 

from the 2021 Resolution, this 

Resolution may include an increase in 

purse seine closure days, changes to 

force majeure provisions, updates to fish 

aggregating device measures. The 

Resolution is intended to prevent 

overfishing of tropical tuna (bigeye, 

yellowfin, and skipjack) in the eastern 

Pacific Ocean. The following provisions 

that would be included in the proposed 

rule were also in the regulations 

implemented for 2021. The rule will 

continue to prohibit purse seine vessels 

of class sizes 4–6 (carrying capacity 

greater than 182 mt) from fishing for 

tropical tuna in the EPO for a period of 

at least 72 days. The rule would 

continue to require a closure of the 

fishery for yellowfin, bigeye, and 

skipjack tunas by purse-seine vessels 

within the area of 96W and 110W and 

between 4° N and 3° S from 0000 hours 

on 9 October to 2400 hours on 8 

November. The rule would carry over 

all provisions included in the Measures 

of the Longline Fishery and Other 

Provisions section of the Resolution. As 

of August 23, 2021, 17 U.S. purse seine 

vessels of class size 4–6 are registered to 

fish in the IATTC Convention Area that 

would be impacted by these measures. 

Owners and operators of these vessels 

are familiar with these measures. In 

addition to sending professional 

representatives and lobbyists, many 

personally attended the June and 

August IATTC Meetings and were 

closely involved in briefings and 

discussions with State Department and 

NMFS leadership and staff. The action 

is necessary for the United States to 

satisfy its international obligations as a 

Member of the IATTC. This rule is not 

expected to trigger either opposition 

from any sector of the public or 

congressional interest. This rule absorbs 

0648–BK87. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott Rumsey, Acting 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 872–2791, Email: 

scott.rumsey@noaa.gov. 

RIN: 0648–BK84 

38. • Amendment 122 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area; Pacific Cod Trawl 

Cooperative Program [0648–BL08] 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: In response to a 

recommendation by the North Pacific 

Fishery Management Council, this 

proposed action would implement 

Amendment 122 to the Fishery 

Management Plan (FMP) for Groundfish 

of the Bering Sea and Aleutian Islands 

Management Area (BSAI). If approved 

by the Secretary of Commerce and 

implemented by NMFS, the Pacific cod 

Trawl Cooperative Program (PCTC 

Program) would allocate quota share 

(QS) to groundfish License Limitation 

Program (LLP) license holders based on 

the harvest of BSAI Pacific cod during 

qualifying years. This Program would 

also allocate QS to a processor permit 

holder based on processing history 

during the qualifying years. QS 

allocated under this program would 

yield an exclusive harvest privilege to 

members of a PCTC Program 

cooperative. The Council’s intent in 

recommending Amendment 122 is to 

improve the prosecution of the fishery 

by promoting safety and stability in the 

harvesting and processing sectors, 

increasing the value of the fishery, 

minimizing bycatch to the extent 

practicable, providing for the sustained 

participation of fishery dependent 

communities, and ensuring the 

sustainability and viability of the Pacific 

cod resource in the BSAI. The Council 

initiated action on this Limited Access 

Privilege Program (LAPP) in response to 

industry requests to address increasing 

inefficiency in the BSAI Pacific cod 

trawl catcher vessel sector by 

implementing a catch share program. 

Owners and operators of harvesters and 

processors that participate in the BSAI 

Pacific cod trawl fishery would be 

affected by this action. Section 

304(b)(1)(A) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA) is the rulemaking authority. 

Section 303A of the MSA authorizes the 

creation of LAPPs. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon Kurland, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7638, Email: jon.kurland@noaa.gov. 

RIN: 0648–BL08 

39. • Amendment 123 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area; Halibut AbundanceBased Management of Amendment 80 

Prohibited Species Catch Limit [0648– 

BL42] 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: In response to a 

recommendation by the North Pacific 

Fishery Management Council (Council), 

this proposed action would implement 

Amendment 123 to the Fishery 

Management Plan (FMP) for Groundfish 

of the Bering Sea and Aleutian Islands 

Management Area (BSAI). If approved 

by the Secretary of Commerce and 

implemented by NMFS, this action 

would determine the BSAI Amendment 

80 commercial groundfish trawl fleet’s 

(A80) halibut prohibited species catch 

(PSC) limit annually based on the most 

recent values from surveys conducted 

by the Alaska Fisheries Science Center 

and the International Pacific Halibut 

Commission (IPHC). The Council’s 

intent in recommending Amendment 

123 is to link annual halibut PSC limits 

in the A80 fleet with estimated halibut 

abundance. The reason for the change 

being considered is that the current PSC 

limit, currently set as a fixed annual 

amount of 1,745 mt, becomes an 

increasingly larger proportion of total 

halibut removals in the BSAI when 

halibut abundance declines. Over the 

last 6 years, the Council and its advisory 

bodies, stakeholders, and the public 

have considered several approaches for 

a halibut abundance-based management 

(ABM) program consistent with Council 


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fishery management objectives and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(MSA). Public testimony on this action 

over the years has focused on two 

primary concerns. The first is the 

importance of providing flexibility to 

the A80 fleet to prosecute their quotas. 

The second is concern about the decline 

in the directed halibut fishery catch as 

a result of a decline in halibut 

abundance, compounded by fixed PSC 

limits that further reduce the proportion 

of halibut available to the directed 

halibut fisheries. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon Kurland, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7638, Email: jon.kurland@noaa.gov. 

RIN: 0648–BL42 

40. Amendments to the North Atlantic 

Right Whale Vessel Strike Reduction 

Rule [0648–BI88] 

Legal Authority: 16 U.S.C. 1361 et 

seq.; 16 U.S.C. 1531 et seq. 

Abstract: NMFS has completed a 

review of the North Atlantic right whale 

vessel speed rule (per 50 CFR 224.105; 

78 FR 73726, December 9, 2013). 

Through this action, NMFS invites 

comment on the report as well as 

information that may inform potential 

revisions to existing management 

strategies and regulations to further 

reduce the risk of vessel strikes of North 

Atlantic right whales. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

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, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BI88 

41. Designation of Critical Habitat for 

Threatened Indo-Pacific Reef-Building 

Corals [0648–BJ52] 

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 IndoPacific 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 

Third NPRM 

Comment Period Extended.

03/29/21 86 FR 16325 

Third NPRM 

Comment Period Extended 

End.

05/26/21 

Second NPRM .... 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

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, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BJ52 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Final Rule Stage 

National Marine Fisheries Service 

42. 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 [0648–BH70] 

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 .................. 03/01/22 87 FR 11382 

NPRM Comment 

Period End.

03/31/22 

Final Action ......... 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott Rumsey, Acting 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 872–2791, Email: 

scott.rumsey@noaa.gov. 

RIN: 0648–BH70 

43. Magnuson-Stevens Fisheries 

Conservation and Management Act; 

Traceability Information Program for 

Seafood [0648–BH87] 

Legal Authority: 16 U.S.C. 1801 et 

seq.; Pub. L. 115–141 

Abstract: On December 9, 2016, 

NMFS issued a final rule that 


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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 ......... 06/00/22 

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 EastWest Highway, Silver Spring, MD 

20910, Phone: 301 427–8286, Email: 

alexa.cole@noaa.gov. 

RIN: 0648–BH87 

44. Atlantic Highly Migratory Species: 

Amendment 13 on Bluefin Tuna 

Management [0648–BI08] 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: NOAA/NMFS proposes to 

revise the management measures for 

Atlantic bluefin tuna fisheries. Potential 

management measures could include 

modifications to pelagic longline and 

purse seine fisheries as well as other 

bluefin tuna fisheries, which would 

increase flexibility for fishery 

participants. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/21/21 86 FR 27686 

NPRM Comment 

Period End.

07/20/21 

NPRM Comment 

Period Extended.

07/20/21 86 FR 38262 

NPRM Comment 

Period Extended End.

09/09/21 

Final Action ......... 06/00/22 

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: 

kelly.denit@noaa.gov. 

RIN: 0648–BI08 

45. Establish National Insurance 

Requirements for Observer Providers 

[0648–BJ33] 

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 atsea 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 .................. 11/22/21 86 FR 66259 

NPRM Comment 

Period End.

01/21/22 

Final Action ......... 06/00/22 

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: 

evan.howell@noaa.gov. 

RIN: 0648–BJ33 

46. Amendment 23 to the Northeast 

Multispecies Fishery Management Plan 

[0648–BK17] 

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 .................. 02/28/22 87 FR 11014 

NPRM Comment 

Period End.

03/30/22 

Final Action ......... 06/00/22 

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, Email: michael.pentony@

noaa.gov. 

RIN: 0648–BK17 

47. Amendment 14 to the Fishery 

Management Plan for the Salmon 

Fisheries in the EEZ Off Alaska [0648– 

BK31] 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: This action would modify 

the Fishery Management Plan for the 


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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 .................. 06/04/21 86 FR 29977 

NPRM Comment 

Period End.

07/06/21 

Final Action ......... 11/03/21 86 FR 60568 

Final Action Effective.12/03/21 

Next Action Undetermined.06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jon Kurland, 

Regional Administrator, Alaska Region, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 709 West Ninth Street, 

Juneau, AK 99801, Phone: 907 586– 

7638, Email: jon.kurland@noaa.gov. 

RIN: 0648–BK31 

48. • Framework Adjustment 63 to the 

Northeast Multispecies Fishery 

Management Plan [0648–BL12] 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: The action would 

implement management measures 

included in Framework Adjustment 63 

to the Northeast Multispecies Fishery 

Management Plan (Framework 63) that 

were developed by the New England 

Fishery Management Council in 

response to new scientific information, 

pursuant to the rulemaking authorities 

under section 303(c) of the MagnusonStevens Fishery Conservation and 

Management Act. The action would set 

annual specifications for fishing years 

(FY) 2022–2024 for Gulf of Maine cod 

and Georges Bank (GB) cod, FY2022– 

2023 for GB yellowtail flounder, and 

FY2022 for white hake, and specify FY 

2022 total allowable catches (TAC) for 

the three U.S./Canada stocks eastern GB 

cod, eastern GB haddock, and GB 

yellowtail flounder. It would also adopt 

additional measures to promote stock 

rebuilding; and develop alternatives to 

the current default specifications 

system. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/20/22 87 FR 23482 

NPRM Comment 

Period End.

05/05/22 

Final Action ......... 06/00/22 

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, Email: michael.pentony@

noaa.gov. 

RIN: 0648–BL12 

49. • Atlantic Highly Migratory Species; 

Rule To Modify the Retention Limit of 

Shortfin Mako Sharks [0648–BL17] 

Legal Authority: 16 U.S.C. 1801 et 

seq.; 16 U.S.C. 971 et seq. 

Abstract: Atlantic highly migratory 

species (HMS) fisheries are managed 

under the dual authority of the 

Magnuson-Stevens Conservation and 

Management Act and the Atlantic Tunas 

Convention Act (ATCA). This proposed 

rule would adopt management measures 

implementing a 2021 International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) 

recommendation prohibiting retention 

of North Atlantic shortfin mako sharks 

caught in association with ICCAT 

fisheries in 2022. Specifically, this 

action would propose implementing a 

flexible shortfin mako shark retention 

limit with a default of zero in 

commercial and recreational HMS 

fisheries. This action is being taken 

pursuant to the rulemaking authority 

under the Magnuson-Stevens Fishery 

Conservation and Management Act, 

section 305(d), and ATCA. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/11/22 87 FR 21077 

NPRM Comment 

Period End.

05/11/22 

Final Action ......... 06/00/22 

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: 

kelly.denit@noaa.gov. 

RIN: 0648–BL17 

50. Amendment and Updates to the 

Pelagic Longline Take Reduction Plan 

[0648–BF90] 

Legal Authority: 16 U.S.C. 1361 et seq. 

Abstract: Serious injury and mortality 

of the Western North Atlantic shortfinned 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 shortfinned 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 ......... 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

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, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BF90 


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51. Designation of Critical Habitat for 

the Threatened Caribbean Corals 

[0648–BG26] 

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 ............ 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

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, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BG26 

52. 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 

[0648–BJ09] 

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

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 ......... 09/17/21 86 FR 51970 

Final Action Effective.10/18/21 

Correction ............ 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

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, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BJ09 

53. Establishment of Time-Area 

Closures for Hawaiian Spinner 

Dolphins Under the Marine Mammal 

Protection Act [0648–BK04] 

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 .................. 09/28/21 86 FR 53844 

Action Date FR Cite 

NPRM Comment 

Period End.

12/27/21 

Final Action ......... 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

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, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BK04 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Long-Term Actions 

National Marine Fisheries Service 

54. International Fisheries; Western 

and Central Pacific Fisheries for Highly 

Migratory Species; Treatment of U.S. 

Purse Seine Fishing With Respect to 

U.S. Territories [0648–BF41] 

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 


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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 .................. To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael Tosatto, 

Phone: 808 725–5000, Email: 

michael.tosatto@noaa.gov. 

RIN: 0648–BF41 

DEPARTMENT OF COMMERCE (DOC) 

National Oceanic and Atmospheric 

Administration (NOAA) 

Completed Actions 

55. Implementation of a Program for 

Transshipments by Large Scale Fishing 

Vessels in the Eastern Pacific Ocean 

[0648–BD59] 

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 InterAmerican 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: 

Action Date FR Cite 

Withdrawn ........... 04/25/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott Rumsey, Acting 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 872–2791, Email: 

scott.rumsey@noaa.gov. 

RIN: 0648–BD59 

56. 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 

[0648–BH72] 

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 

Action Date FR Cite 

Final Action; Announcement of 

Effectiveness 

for Delayed 

Provisions.

09/14/21 86 FR 51014 

Delay of Effective 

Date.

11/02/21 86 FR 60374 

Delay of Effective 

Date Effective.

12/13/21 

Final Action Effective.03/01/22 

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: andy.strelcheck@

noaa.gov. 

RIN: 0648–BH72 

57. Bluefish Allocation and Rebuilding 

Amendment (Amendment 7 to the 

Bluefish Fishery Management Plan) 

[0648–BK64] 

Legal Authority: 16 U.S.C. 1801 et seq. 

Abstract: The Mid-Atlantic Fishery 

Management Council and Atlantic 

States Marine Fisheries Commission 

initiated this amendment in December 

2018 to consider a comprehensive 

revision to the Atlantic bluefish fishery 

management plan (FMP); including a 

review of quota allocation between 

sectors and between states, as well as a 

review of the FMP goals and objectives. 

In August 2019, an operational stock 

assessment determined that the bluefish 

stock is overfished, and requires a 

rebuilding plan. NMFS notified the 

Council in November 2019, and the 

Council and the Commission’s Bluefish 

Board voted to include the rebuilding 

plan in this comprehensive amendment. 

The intent of this action is to update the 

bluefish FMP with the best scientific 

data available, responding to recent 

changes in stock health and 

distribution, while recognizing 

economic need and reliance throughout 

the management area. The Council and 

Board made final recommendations on 

proposed measures at the joint meeting 

in June 2021, with the goal of 

implementing this action by November 

2021, consistent with rebuilding plan 

provisions of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, and to be effective for the January 

1 start of the 2022 fishing year. The 

amendment proposes to: (1) Update the 

Bluefish FMP goals and objectives; (2) 

Re-allocate quota between sectors from 

83% recreational/17% commercial to 


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86% recreational/14% commercial with 

no phase-in period; (3) Re-allocate 

commercial quota to the states based on 

the last 10 years of landings data with 

a 0.1% minimum default allocation and 

a phase-in period of 7 years; (4) 

Implement a 7-year rebuilding plan 

using a constant fishing mortality 

model; (5) Allow the sector quota 

transfer move either direction (from 

commercial to recreational or vice 

versa), with a revised amount cap of 

10% of the acceptable biological catch 

for the year; and (6) Allow for 

management uncertainty and related 

accountability measure process to be 

applied to the commercial and 

recreational sectors separately during 

the catch specifications process. This 

action would affect vessels issued 

federal commercial bluefish permits, 

and those with federal party/charter 

recreational permits for bluefish. While 

this action may have some impact on 

these entities, the effect is not expected 

to be significant. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/13/21 86 FR 50866 

NPRM Comment 

Period End.

10/13/21 

Final Action ......... 11/24/21 86 FR 66977 

Final Action Effective.01/01/22 

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, Email: michael.pentony@

noaa.gov. 

RIN: 0648–BK64 

58. Silky Shark Regulations in the 

Eastern Pacific Ocean in 2022 and 

Beyond [0648–BK87] 

Legal Authority: 16 U.S.C. 951 et seq. 

Abstract: Merged with 0648–BK84. 

The National Marine Fisheries Service 

(NMFS) intends to maintain existing 

regulations on silky shark for 2022 and 

beyond, implemented under the InterAmerican Tropical Tuna Commission 

(IATTC) Resolution on silky shark, 

under the authority of the Tuna 

Conventions Act. The IATTC Resolution 

on silky shark is expected to be adopted 

at the October 2021 session of the 98th 

Meeting of the IATTC. This proposed 

rule would maintain existing domestic 

implementing regulations pertaining to 

the prohibition on retention, 

transshipment, storing, and landing any 

part or whole carcass of silky shark on 

U.S. purse seine and longline vessels, as 

well as the specified exceptions to this 

prohibition for purse seine vessels. 

These existing regulations in the 

proposed rule would apply to United 

States purse seine and longline vessels 

authorized to fish in the eastern Pacific 

Ocean, and would not impose 

additional burden. These regulations on 

silky shark have not been and are not 

expected to be opposed by domestic 

commercial fishing interests. The action 

is necessary for the United States to 

satisfy its international obligations as a 

Member of the IATTC. This rule is not 

expected to trigger either opposition 

from any sector of the public or 

congressional interest. 

Timetable: 

Action Date FR Cite 

Merged With 

0648–BK84.

02/16/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott Rumsey, Acting 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 872–2791, Email: 

scott.rumsey@noaa.gov. 

RIN: 0648–BK87 

59. International Fisheries; Pacific 

Tuna Fisheries; Purse Seine Observer 

Exemptions in the Eastern Pacific 

Ocean [0648–BK88] 

Legal Authority: 16 U.S.C. 951; 16 

U.S.C. 952; 16 U.S.C. 953; 16 U.S.C. 954; 

16 U.S.C. 955; 16 U.S.C. 956; 16 U.S.C. 

957; 16 U.S.C. 958; 16 U.S.C. 959; 16 

U.S.C. 960; 16 U.S.C. 961; 16 U.S.C. 962 

Abstract: On March 27, 2020, NMFS 

published a temporary rule for an 

emergency action in response to the 

COVID–19 Pandemic (85 FR 17285), 

that provides the authority to waive 

observer coverage requirements 

implemented under certain statutes, 

including the Marine Mammal 

Protection Act and Tuna Conventions 

Act. That temporary rule was extended 

and is currently in effect until March 26, 

2022 (86 FR 16307), or until the 

Secretary of Health and Human Services 

determines that the COVID–19 

Pandemic is no longer a public health 

emergency, whichever is earlier. 

Pursuant to the emergency rule, and in 

accordance with exemption procedures 

adopted by the Inter-American Tropical 

Tuna Commission (IATTC), NMFS WCR 

established procedures, subject to 

revocation or extension as 

circumstances warrant, for issuing 

temporary exemptions on an individual 

basis to the observer requirements under 

50 CFR 216.24(e) and 50 CFR 

300.25(e)(4)(iv). With travel restrictions 

continuing to be enforced at American 

Samoa and other port states where 

observers embark on United States 

flagged purse seine vessels, placement 

of observers is not always possible. If 

the temporary rule expires in March 

2022, and is not renewed, NMFS will no 

longer possess the emergency authority 

to issue observer waivers in these cases. 

With the potential for travel restrictions 

that prevent the placement of observers 

continuing beyond March 2022, NMFS 

is proposing to implement an 

emergency waiver provision to allow 

NMFS to issue temporary written 

waivers from the observer requirements, 

on a case-by-case basis, in accordance 

with IATTC exemption procedures. 

NMFS is undertaking this action under 

the authority of the Tuna Conventions 

Act and the Marine Mammal Protection 

Act to satisfy the obligations of the 

United States as a Member of the 

IATTC. This rule is not expected to 

trigger either opposition from any sector 

of the public or congressional interest. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/04/22 87 FR 6474 

NPRM Comment 

Period End.

03/07/22 

Final Action ......... 03/25/22 87 FR 17018 

Final Action Effective.03/25/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott Rumsey, Acting 

Regional Administrator, West Coast 

Region, Department of Commerce, 

National Oceanic and Atmospheric 

Administration, 1201 NE Lloyd 

Boulevard, Suite 1100, Portland, OR 

97232, Phone: 503 872–2791, Email: 

scott.rumsey@noaa.gov. 

RIN: 0648–BK88 

60. • Atlantic Highly Migratory Species; 

Rule To Modify Atlantic Bluefin Tuna 

and North Atlantic Albacore Quotas 

[0648–BL16] 

Legal Authority: 16 U.S.C. 1801 et 

seq.; 16 U.S.C. 971 et seq. 

Abstract: Atlantic highly migratory 

species (HMS) fisheries are managed 

under the dual authority of the 

Magnuson-Stevens Conservation and 

Management Act and the Atlantic Tunas 

Convention Act (ATCA). This proposed 

rule would modify the baseline annual 

Atlantic bluefin tuna quota and 

subquotas, as well as the baseline 

annual North Atlantic albacore 

(northern albacore) quota. This 


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proposed rule would implement the 

annual U.S. bluefin tuna quota 

recommended by the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) for 2022 

(Recommendation 21–07) and the 

northern albacore quota recommended 

by ICCAT for 2022 and 2023 

(Recommendation 21–04). This 

proposed rule would also allocate the 

bluefin tuna quota among the domestic 

fishing categories consistent with 

existing regulations. This proposed rule 

is being taken pursuant to the 

rulemaking authority under the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

section 305(d), and ATCA. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/07/22 87 FR 12648 

NPRM Comment 

Period End.

04/06/22 

Final Action ......... 06/01/22 87 FR 33049 

Final Action Effective.07/01/22 

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: 

kelly.denit@noaa.gov. 

RIN: 0648–BL16 

61. • Rulemaking To Modify the 2022 

Halibut Individual Fishing Quota (IFQ) 

Vessel Harvest Limitations in IFQ 

Regulatory Areas 4A, 4B, 4C, and 4D 

[0648–BL28] 

Legal Authority: 16 U.S.C. 773 

Abstract: Commercial halibut fishing 

off the coast of Alaska is managed under 

an Individual Fishing Quota (IFQ) 

program implemented by Federal 

regulations under the authority of the 

Northern Pacific Halibut Act of 1982. 

One feature of the IFQ program is a limit 

on the maximum amount of halibut that 

may be harvested by a vessel (referred 

to as vessel caps). Regulations at 50 CFR 

679.42(h)(1) specify that no vessel may 

be used to harvest more IFQ halibut 

than one-half percent of the combined 

total catch limits of halibut for IFQ 

regulatory areas during a fishing year. 

Additionally, the regulations specify 

vessel caps for Community Quota 

Entities (CQEs) in Alaska IFQ regulatory 

areas, stating no vessel may be used, 

during any fishing year, to harvest more 

than 50,000 lb (22.7 mt) of IFQ halibut 

derived from quota shares held by a 

CQE. On February 10, 2022, the North 

Pacific Fishery Management Council 

(Council) addressed the effects of the 

coronavirus pandemic on the Pacific 

halibut fishery by recommending 

expedited action to temporarily remove 

IFQ halibut vessel caps for the 2022 

fishing year in IFQ regulatory areas 4A 

(Eastern Aleutian Islands), 4B (Central 

and Western Aleutian Islands), 4C 

(Central Bering Sea), and 4D (Eastern 

Bering Sea). This action would revise 50 

CFR 679.42(h)(1) to remove vessels caps 

in those four areas for the 2022 fishing 

year only. Halibut IFQ holders with QS 

in those four areas would be affected by 

this action, as well as CQEs in area 4B. 

This action would not modify any other 

aspects of the IFQ Program. NMFS seeks 

to publish the Proposed and Final rules 

to implement the revised regulations as 

soon as practicable, with a shortened 

public comment period. Section 773c(c) 

of the Northern Pacific Halibut Act is 

the rulemaking authority. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/19/22 87 FR 23155 

NPRM Comment 

Period End.

05/04/22 

Final Action ......... 06/06/22 87 FR 34215 

Final Action Effective.06/06/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Doug Mecum, Acting 

Regional Administrator, Department of 

Commerce, National Oceanic and 

Atmospheric Administration, P.O. Box 

21668, 709 W 9th Street, Rm. 420, 

Juneau, AK 99802, Phone: 907 586– 

7221. 

RIN: 0648–BL28 

62. Designation of Critical Habitat for 

the Arctic Ringed Seal [0648–BC56] 

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 

Action Date FR Cite 

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 

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 ......... 04/01/22 87 FR 19232 

Final Action Effective.05/02/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

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, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BC56 

63. Designation of Critical Habitat for 

the Beringia Distinct Population 

Segment of the Bearded Seal [0648– 

BJ65] 

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 


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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 ......... 04/01/22 87 FR 19180 

Final Action Effective.05/02/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kim Damon-Randall, 

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, Email: 

kimberly.damon-randall@noaa.gov. 

RIN: 0648–BJ65 

64. Monterey Bay National Marine 

Sanctuary Regulations and 

Management Plan [0648–BI01] 

Legal Authority: 16 U.S.C. 1431 et seq. 

Abstract: The National Oceanic and 

Atmospheric Administration (NOAA) is 

proposing a draft revised management 

plan and revised regulations for the 

Monterey Bay National Marine 

Sanctuary (MBNMS or Sanctuary). The 

proposed regulations would revise and 

provide greater clarity to existing 

regulations, and make minor technical 

corrections. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/06/20 85 FR 40143 

NPRM Comment 

Period End.

09/04/20 

Final Rule ............ 11/15/21 86 FR 62901 

Final Rule Effective.12/15/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jessica Kondel, 

Policy and Planning Division Chief, 

Department of Commerce, National 

Oceanic and Atmospheric 

Administration, 1305 East West 

Highway, Building SSMC4, Silver 

Spring, MD 20910, Phone: 240 676– 

4646. 

RIN: 0648–BI01 

DEPARTMENT OF COMMERCE (DOC) 

Patent and Trademark Office (PTO) 

Final Rule Stage 

65. Changes To Implement Provisions 

of the Trademark Modernization Act of 

2020 [0651–AD55] 

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 or 

Office) amends the rules of practice in 

trademark cases to implement 

provisions of the Trademark 

Modernization Act of 2020. The rule 

establishes ex parte expungement and 

reexamination proceedings for 

cancellation of a registration when the 

required use in commerce of the 

registered mark has not been made; 

provides for a new nonuse ground for 

cancellation before the Trademark Trial 

and Appeal Board; establishes flexible 

Office action response periods; and 

amends the existing letter-of-protest rule 

to indicate that letter-of-protest 

determinations are final and nonreviewable. The USPTO also sets fees 

for petitions requesting institution of ex 

parte expungement and reexamination 

proceedings, and for requests to extend 

Office action response deadlines. 

Amendments are also for the rules 

concerning the suspension of USPTO 

proceedings and the rules governing 

attorney recognition in trademark 

matters. Finally, a new rule is to address 

procedures regarding court orders 

cancelling or affecting registrations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/18/21 86 FR 26862 

NPRM Comment 

Period End.

07/19/21 

Final Action ......... 11/17/21 86 FR 64300 

Final Action Effective.12/18/21 

Final Action ......... 08/00/22 

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: catherine.cain@

uspto.gov. 

RIN: 0651–AD55 

[FR Doc. 2022–14600 Filed 8–5–22; 8:45 am] 

BILLING CODE 3510–12–P 


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