[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Proposed Rules]
[Pages 48252-48264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14600]



[[Page 48251]]

Vol. 87

Monday,

No. 151

August 8, 2022

Part IV





 Department of Commerce





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Semiannual Regulatory Agenda

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

[[Page 48252]]


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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 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.

[[Page 48253]]



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


                General Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
32........................  Concrete Masonry Products          0605-AA53
                             Research, Education, and
                             Promotion.
------------------------------------------------------------------------


  National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
33........................  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.
34........................  International Fisheries;           0648-BG04
                             South Pacific Tuna
                             Fisheries; Implementation
                             of Amendments to the
                             South Pacific Tuna Treaty.
35........................  Illegal, Unreported, and           0648-BG11
                             Unregulated Fishing;
                             Fisheries Enforcement;
                             High Seas Driftnet
                             Fishing Moratorium
                             Protection Act.
36........................  Atlantic Highly Migratory          0648-BI10
                             Species; Research and
                             Data Collection in
                             Support of Spatial
                             Fisheries Management.
37........................  Implementation of                  0648-BK84
                             Resolutions C-21-04 and C-
                             21-06 of the Inter-
                             American Tropical Tuna
                             Commission for Tropical
                             Tuna and Silky Shark
                             Conservation.
38........................  Amendment 122 to the               0648-BL08
                             Fishery Management Plan
                             for Groundfish of the
                             Bering Sea and Aleutian
                             Islands Management Area;
                             Pacific Cod Trawl
                             Cooperative Program.
39........................  Amendment 123 to the               0648-BL42
                             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.
40........................  Amendments to the North            0648-BI88
                             Atlantic Right Whale
                             Vessel Strike Reduction
                             Rule.
41........................  Designation of Critical            0648-BJ52
                             Habitat for Threatened
                             Indo-Pacific Reef-
                             Building Corals.
------------------------------------------------------------------------


    National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
42........................  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.
43........................  Magnuson-Stevens Fisheries         0648-BH87
                             Conservation and
                             Management Act;
                             Traceability Information
                             Program for Seafood.
44........................  Atlantic Highly Migratory          0648-BI08
                             Species: Amendment 13 on
                             Bluefin Tuna Management.
45........................  Establish National                 0648-BJ33
                             Insurance Requirements
                             for Observer Providers.
46........................  Amendment 23 to the                0648-BK17
                             Northeast Multispecies
                             Fishery Management Plan.
47........................  Amendment 14 to the                0648-BK31
                             Fishery Management Plan
                             for the Salmon Fisheries
                             in the EEZ Off Alaska.
48........................  Framework Adjustment 63 to         0648-BL12
                             the Northeast
                             Multispecies Fishery
                             Management Plan.
49........................  Atlantic Highly Migratory          0648-BL17
                             Species; Rule to Modify
                             the Retention Limit of
                             Shortfin Mako Sharks.
50........................  Amendment and Updates to           0648-BF90
                             the Pelagic Longline Take
                             Reduction Plan.
51........................  Designation of Critical            0648-BG26
                             Habitat for the
                             Threatened Caribbean
                             Corals.
52........................  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.
53........................  Establishment of Time-Area         0648-BK04
                             Closures for Hawaiian
                             Spinner Dolphins Under
                             the Marine Mammal
                             Protection Act.
------------------------------------------------------------------------


   National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
54........................  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.
------------------------------------------------------------------------


[[Page 48254]]


   National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
55........................  Implementation of a                0648-BD59
                             Program for
                             Transshipments by Large
                             Scale Fishing Vessels in
                             the Eastern Pacific Ocean.
56........................  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.
57........................  Bluefish Allocation and            0648-BK64
                             Rebuilding Amendment
                             (Amendment 7 to the
                             Bluefish Fishery
                             Management Plan).
58........................  Silky Shark Regulations in         0648-BK87
                             the Eastern Pacific Ocean
                             in 2022 and Beyond.
59........................  International Fisheries;           0648-BK88
                             Pacific Tuna Fisheries;
                             Purse Seine Observer
                             Exemptions in the Eastern
                             Pacific Ocean.
60........................  Atlantic Highly Migratory          0648-BL16
                             Species; Rule to Modify
                             Atlantic Bluefin Tuna and
                             North Atlantic Albacore
                             Quotas.
61........................  Rulemaking to Modify the           0648-BL28
                             2022 Halibut Individual
                             Fishing Quota (IFQ)
                             Vessel Harvest
                             Limitations in IFQ
                             Regulatory Areas 4A, 4B,
                             4C, and 4D.
62........................  Designation of Critical            0648-BC56
                             Habitat for the Arctic
                             Ringed Seal.
63........................  Designation of Critical            0648-BJ65
                             Habitat for the Beringia
                             Distinct Population
                             Segment of the Bearded
                             Seal.
64........................  Monterey Bay National              0648-BI01
                             Marine Sanctuary
                             Regulations and
                             Management Plan.
------------------------------------------------------------------------


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


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 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................................   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: [email protected].
    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: [email protected].
    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,

[[Page 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: 
[email protected].
    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 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................................  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: 
[email protected].
    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 East-West Highway, Silver 
Spring, MD 20910, Phone: 301 427-8286, Email: [email protected].
    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 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................................   12/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kelly Denit, Director, Office of Sustainable 
Fisheries,

[[Page 48256]]

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

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]

    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[deg] N and 3[deg] 
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: [email protected].
    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: [email protected].
    RIN: 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]

    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

[[Page 48257]]

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: [email protected].
    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: [email protected].
    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 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
Third NPRM Comment Period Extended..   03/29/21  86 FR 16325
Third NPRM Comment Period Extended     05/26/21
 End.
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: [email protected].
    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: [email protected].
    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

[[Page 48258]]

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 East-West Highway, Silver 
Spring, MD 20910, Phone: 301 427-8286, Email: [email protected].
    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: [email protected].
    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 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................................   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: 
[email protected].
    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: [email protected].
    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

[[Page 48259]]

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: [email protected].
    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 
Magnuson-Stevens 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: [email protected].
    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: [email protected].
    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 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........................   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: [email protected].
    RIN: 0648-BF90

[[Page 48260]]

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: [email protected].
    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: [email protected].
    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
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: [email protected].
    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

[[Page 48261]]

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: 
[email protected].
    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 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:

------------------------------------------------------------------------
               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: [email protected].
    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
Final Action; Announcement of          09/14/21  86 FR 51014
 Effectiveness for Delayed
 Provisions.
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: 
[email protected].
    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

[[Page 48262]]

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: [email protected].
    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 Inter-American 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: [email protected].
    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: [email protected].
    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

[[Page 48263]]

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: [email protected].
    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
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: [email protected].
    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

[[Page 48264]]

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: [email protected].
    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 non-reviewable. 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: [email protected].
    RIN: 0651-AD55

[FR Doc. 2022-14600 Filed 8-5-22; 8:45 am]
BILLING CODE 3510-12-P