[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9548-9562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00451]



[[Page 9547]]

Vol. 89

Friday,

No. 28

February 9, 2024

Part IV





Department of Commerce





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Semiannual Regulatory Agenda

  Federal Register / Vol. 89 , No. 28 / Friday, February 9, 2024 / UA: 
Reg Flex Agenda  

[[Page 9548]]


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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


Fall 2023 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 spring 2023 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 fall 2023 regulatory agenda includes regulatory 
activities that are expected to be conducted during the period November 
1, 2023, through October 31, 2024.

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 Candida Harty, 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-
3410.

SUPPLEMENTARY INFORMATION: Commerce hereby publishes its fall 2023 
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 July 19, 2023, the Office of Management and Budget issued guidelines 
and procedures for the preparation and publication of the fall 2023 
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 fall 2023 regulatory agenda follows.

Leslie Kiernan,
General Counsel.

[[Page 9549]]



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


                General Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
256.......................  Securing the Information           0605-AA51
                             and Communications
                             Technology and Services
                             Supply Chain.
------------------------------------------------------------------------


          International Trade Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
257.......................  Procedures Covering                0625-AB21
                             Suspension of
                             Liquidation, Duties and
                             Estimated Duties in
                             Accord With Presidential
                             Proclamation 10414.
------------------------------------------------------------------------


          Bureau of Industry and Security--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
258.......................  Taking Additional Steps to         0694-AJ35
                             Address the National
                             Emergency With Respect to
                             Significant Malicious
                             Cyber-Enabled Activities.
------------------------------------------------------------------------


  National Oceanic and Atmospheric Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
259.......................  Designation of Critical            0648-BJ52
                             Habitat for Threatened
                             Indo-Pacific Reef-
                             Building Corals.
260.......................  Illegal, Unreported, and           0648-BG11
                             Unregulated Fishing;
                             Fisheries Enforcement;
                             High Seas Driftnet
                             Fishing Moratorium
                             Protection Act (Reg Plan
                             Seq No. 13).
261.......................  Amendment 126 to the               0648-BM40
                             Fishery Management Plans
                             for Groundfish of the
                             Bering Sea/Aleutian
                             Islands Management Area
                             and Amendment 114 to the
                             Fishery Management Plan
                             for Groundfish of the
                             Gulf of Alaska.
262.......................  Amendment 16 to the                0648-BM42
                             Fishery Management Plan
                             for the Salmon Fisheries
                             in the EEZ Off Alaska;
                             Cook Inlet.
263.......................  Atlantic Coastal Fisheries         0648-BM38
                             Cooperative Management
                             Act Provisions; American
                             Lobster Fishery Vessel
                             Tracking for the Federal
                             American Lobster Fishery.
264.......................  Atlantic Highly Migratory          0648-BM23
                             Species; Electronic
                             Reporting Requirements.
265.......................  International Fisheries;           0648-BG04
                             South Pacific Tuna
                             Fisheries; Implementation
                             of Amendments to the
                             South Pacific Tuna Treaty.
266.......................  Amendment 56 to the                0648-BM46
                             Fishery Management Plan
                             for the Reef Fish
                             Resources of the Gulf of
                             Mexico: Modifications to
                             Catch Limits, Sector
                             Allocation, and
                             Recreational Fishing
                             Seasons for Gulf of
                             Mexico Gag.
267.......................  Notice of Proposed                 0648-BM52
                             Rulemaking for the
                             Designation Pacific
                             Remote Islands National
                             Marine Sanctuary.
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


    National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
268.......................  Designation of Critical            0648-BG26
                             Habitat for the
                             Threatened Caribbean
                             Corals.
269.......................  Amendments to the North            0648-BI88
                             Atlantic Right Whale
                             Vessel Strike Reduction
                             Rule (Reg Plan Seq No.
                             14).
270.......................  Establishment of Time-Area         0648-BK04
                             Closures for Hawaiian
                             Spinner Dolphins Under
                             the Marine Mammal
                             Protection Act.
271.......................  Designation of Critical            0648-BL53
                             Habitat for Nassau
                             Grouper Under the
                             Endangered Species Act.
272.......................  Designation of Marine              0648-BL82
                             Critical Habitat for Six
                             Distinct Population
                             Segments of Green Sea
                             Turtles Under the
                             Endangered Species Act.
273.......................  Designation of Critical            0648-BL86
                             Habitat for Rice's Whale
                             Under the Endangered
                             Species Act.
274.......................  Atlantic Large Whale Take          0648-BM31
                             Reduction Plan
                             Modifications to Reduce
                             Serious Injury and
                             Mortality of Large Whales
                             in Commercial Trap/Pot
                             Fisheries Along the U.S.
                             East Coast.

[[Page 9550]]

 
275.......................  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.
276.......................  Framework Adjustment 65 to         0648-BL95
                             the Northeast
                             Multispecies Fishery
                             Management Plan.
277.......................  Atlantic Highly Migratory          0648-BI10
                             Species; Research and
                             Data Collection in
                             Support of Spatial
                             Fisheries Management.
278.......................  Atlantic Highly Migratory          0648-BK54
                             Species; Prohibiting
                             Retention of Oceanic
                             Whitetip Sharks in U.S.
                             Atlantic Waters and
                             Hammerhead Sharks in the
                             Caribbean Sea.
279.......................  Atlantic Highly Migratory          0648-BM08
                             Species; Amendment 16 to
                             the 2006 Consolidated
                             Atlantic Highly Migratory
                             Species Fishery
                             Management Plan.
280.......................  International Fisheries;           0648-BL25
                             Western and Central
                             Pacific Fisheries for
                             Highly Migratory Species;
                             Fishing Effort Limits in
                             Purse Seine Fisheries.
281.......................  Amendment 51 to the                0648-BM03
                             Fishery Management Plan
                             for the Snapper-Grouper
                             Fishery of the South
                             Atlantic Region
                             (Amendment 51).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


   National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
282.......................  Magnuson-Stevens Fisheries         0648-BH87
                             Conservation and
                             Management Act;
                             Traceability Information
                             Program for Seafood.
283.......................  Seafood Import Permitting          0648-BK85
                             and Reporting Procedures.
284.......................  Rulemaking to Modify the           0648-BM18
                             2023-2027 Halibut
                             Individual Fishing Quota
                             (IFQ) Vessel Harvest
                             Limitations in IFQ
                             Regulatory Areas 4A, 4B,
                             4C, and 4D.
------------------------------------------------------------------------


   National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
285.......................  Amendment 14 to the                0648-BK31
                             Fishery Management Plan
                             for the Salmon Fisheries
                             in the EEZ Off Alaska.
286.......................  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.
287.......................  Atlantic Coastal Fisheries         0648-BF01
                             Cooperative Management
                             Act Provisions; American
                             Lobster Fishery;
                             Consideration of Expanded
                             Harvester and Biological
                             Sampling Requirements for
                             American Lobster.
288.......................  Atlantic Highly Migratory          0648-BL94
                             Species; Atlantic Bluefin
                             Tuna General Category
                             Restricted-Fishing Days
                             for 2023.
289.......................  Fish Aggregating Device            0648-BI79
                             Design Requirements in
                             Purse Seine Fisheries,
                             IMO Number Requirements,
                             and Bycatch Restrictions.
290.......................  Interim Measures to Reduce         0648-BL89
                             Overfishing of Gulf of
                             Mexico Gag.
291.......................  Amendment 54 to the                0648-BM00
                             Fishery Management Plan
                             for the Reef Fish
                             Resources of the Gulf of
                             Mexico: Modifications to
                             the Greater Amberjack
                             Catch Limits, Sector
                             Allocation, and
                             Rebuilding Plan.
292.......................  Amendment 53 to the                0648-BM27
                             Fishery Management Plan
                             for the Snapper-Grouper
                             Fishery of the South
                             Atlantic Region
                             (Amendment 53).
293.......................  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.
294.......................  2023 Pacific Whiting               0648-BM07
                             Harvest Specifications
                             and Interim Tribal
                             Allocation; Pacific Coast
                             Groundfish.
------------------------------------------------------------------------


            Patent and Trademark Office--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
295.......................  Setting and Adjusting              0651-AD64
                             Patent Fees (Reg Plan Seq
                             No. 17).
296.......................  Setting and Adjusting              0651-AD65
                             Trademark Fees (Reg Plan
                             Seq No. 18).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.



[[Page 9551]]

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Proposed Rule Stage

255. 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................................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Katelyn Christ, Department of Commerce, 1401 
Constitution Avenue, Washington, DC 20230, Phone: 202 482-3064, Email: 
[email protected].
    RIN: 0605-AA60

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Final Rule Stage

256. Securing the Information and Communications Technology And 
Services Supply Chain [0605-AA51]

    Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301
    Abstract: Pursuant to Executive Order 13873 of May 15, 2019, 
``Securing the Information and Communications Technology and Services 
Supply Chain,'' (Executive Order) the Department of Commerce (the 
Department) is implementing the process and procedures that the 
Secretary of Commerce (Secretary) will use to identify, assess, and 
address transactions that pose an undue risk to the security, 
integrity, and reliability of information and communications technology 
and services provided and used in the United States.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/27/19  84 FR 65316
NPRM Comment Period End.............   12/27/19
Interim Final Rule..................   01/19/21  86 FR 4909
Interim Final Rule Comment Period      03/22/21
 End.
Interim Final Rule Effective Date...   03/22/21
Final Action........................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Katelyn Christ, Department of Commerce, 1401 
Constitution Avenue, Washington, DC 20230, Phone: 202 482-3064, Email: 
[email protected].
    RIN: 0605-AA51

DEPARTMENT OF COMMERCE (DOC)

International Trade Administration (ITA)

Final Rule Stage

257. Procedures Covering Suspension of Liquidation, Duties and 
Estimated Duties in Accord With Presidential Proclamation 10414 [0625-
AB21]

    Legal Authority: Proc 10414, 87 FR 35067; 19 U.S.C. 1318
    Abstract: In accordance with Presidential Proclamation 10414 and 
pursuant to its authority under Section 318(a) of the Tariff Act of 
1930, as amended (the Act), the Department of Commerce (Commerce) is 
issuing this final rule to implement Proclamation 10414. Specifically, 
Commerce is issuing a new rule that, in the event of an affirmative 
preliminary or final determination in the antidumping and 
countervailing duty (AD/CVD) circumvention inquiries described below, 
under Title VII of the Act, extends the time for, and waives, the 
suspension of liquidation, the application of certain AD/CVD duties, 
and the collection of cash deposits on applicable entries of certain 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules, that are completed in the Kingdom of Cambodia (Cambodia), 
Malaysia, the Kingdom of Thailand (Thailand), and the Socialist 
Republic of Vietnam (Vietnam) using parts and components manufactured 
in the People's Republic of China (China), and that are not already 
subject to an antidumping or countervailing duty order.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/01/22  87 FR 39426
NPRM Comment Period End.............   08/01/22
Final Action........................   09/16/22  87 FR 56868
Final Action Effective..............   11/15/22
Next Action Undetermined............   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Nikki Kalbing, Department of Commerce, 
International Trade Administration, Washington, DC 20230, Phone: 202 
717-3147, Email: [email protected].
    RIN: 0625-AB21

DEPARTMENT OF COMMERCE (DOC)

Bureau of Industry and Security (BIS)

Proposed Rule Stage

258.  Taking Additional Steps To Address the National Emergency 
With Respect to Significant Malicious Cyber-Enabled Activities [0694-
AJ35]

    Legal Authority: 50 U.S.C. 1701 et seq.; 50 U.S.C. 1601 et seq.; 
E.O. 13873, 84 FR 22689; E.O. 13984, 86 FR 6837
    Abstract: Executive Order 13984 of January 19, 2021, Taking 
Additional Steps To Address the National Emergency With Respect to 
Significant Malicious Cyber-Enabled Activities, (E.O. 13984 or the 
E.O.) directs the Secretary of Commerce (Secretary) to propose 
regulations requiring certain providers and resellers of certain 
Infrastructure as a Service (IaaS) products to verify the identity of 
their foreign customers permitting the Secretary, in consultation with 
Secretary of Defense, the Attorney General, the Secretary of Homeland 
Security, and the Director of National Intelligence, to grant 
exemptions to the verification requirement; and authorizing the 
Secretary to impose special measures on providers with regard to 
certain foreign jurisdictions or foreign persons. The Department of 
Commerce (Department) issues this notice of proposed rulemaking (NPRM) 
to solicit comment on proposed regulations to implement Sections 1, 2, 
and 5 of E.O. 13984.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

[[Page 9552]]

    Agency Contact: Katelyn Christ, Department of Commerce, 1401 
Constitution Avenue, Washington, DC 20230, Phone: 202 482-3064, Email: 
[email protected].
    RIN: 0694-AJ35

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

259. Designation of Critical Habitat for Threatened Indo-Pacific Reef-
Building Corals [0648-BJ52]

    Legal Authority: 16 U.S.C. 1531 et seq.
    Abstract: On November 27, 2020, we, NMFS, published in the Federal 
Register a proposal to designate 17 island units of critical habitat in 
the Pacific Islands Region for 7 Indo-Pacific coral species listed 
under the Endangered Species Act (ESA). Based on public comments and 
new information regarding the interpretation of the records of the 
listed corals and application to critical habitat, a substantial 
revision of the proposed rule is warranted. Accordingly, we are 
withdrawing the 2020 proposed rule and publishing this new proposed 
rule. We propose to designate critical habitat for five of the seven 
coral species that were addressed in the 2020 proposed rule: Acropora 
globiceps, Acropora retusa, Acropora speciosa, Euphyllia paradivisa, 
and Isopora crateriformis. Proposed critical habitat includes 16 island 
units encompassing approximately 251 square kilometers (km2; 97 square 
miles, mi2) of marine habitat. In the development of this proposed 
rule, NMFS considered economic, national security, and other relevant 
impacts of the proposed designations, but we are not proposing to 
exclude any areas from the critical habitat designations due to 
anticipated 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.........................   11/00/23
------------------------------------------------------------------------

    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

260. Illegal, Unreported, and Unregulated Fishing; Fisheries 
Enforcement; High Seas Driftnet Fishing Moratorium Protection Act 
[0648-BG11]

    Regulatory Plan: This entry is Seq. No. 13 in part II of this issue 
of the Federal Register.
    RIN: 0648-BG11

261.  Amendment 126 to the Fishery Management Plans for 
Groundfish of the Bering Sea/Aleutian Islands Management Area and 
Amendment 114 to the Fishery Management Plan for Groundfish of the Gulf 
of Alaska [0648-BM40]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: In response to a recommendation by the North Pacific 
Fishery Management Council, this proposed rule would implement 
electronic monitoring for catcher vessels using pelagic trawl gear to 
harvest pollock and tender vessels delivering to processing plants in 
the Gulf of Alaska and the Bering Sea. The proposed action would 
implement a voluntary monitoring option that would allow a vessel to 
elect to use an electronic monitoring system accompanied by shoreside 
observers for biological data collections instead of carrying an at-sea 
observer under the North Pacific Observer Program. The purpose of this 
action is to advance cost efficiency and compliance monitoring through 
improved salmon accounting and reduced monitoring costs. This proposed 
action is needed to modify the current retention and discard 
requirements to allow participating catcher vessels to maximize 
retention of all species caught for the use of electronic monitoring as 
a compliance tool on trawl catcher vessels in the North Pacific 
Observer Program and meet monitoring objectives on trawl catcher 
vessels in the Bering Sea and Gulf of Alaska pelagic pollock fisheries. 
This proposed action will likely affect catcher vessels, tenders, and 
shoreside processors participating in the directed pelagic trawl 
pollock fishery in the Bering Sea and Gulf of Alaska. For this proposed 
action, NMFS uses authority under Section 304(b)(1)(A) and Section 313 
of the Magnuson-Stevens Fishery Conservation and Management Act. The 
Council and NMFS developed the elements of this rule over several years 
based on feedback and public involvement in the North Pacific Fishery 
Management Council's Trawl Electronic Monitoring Committee process. 
NMFS will also hold public hearings in the states of Washington, 
Oregon, and Alaska to receive additional public input during the 
comment period on the proposed rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23
------------------------------------------------------------------------

    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-BM40

262.  Amendment 16 to the Fishery Management Plan for the 
Salmon Fisheries in the EEZ Off Alaska; Cook Inlet [0648-BM42]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: If approved, this action (Amendment 16) would incorporate 
the Cook Inlet EEZ into the Alaska Salmon FMP, thereby bringing the 
Cook Inlet EEZ and the salmon fisheries that occur within it under 
Federal management by the North Pacific Fishery Management Council 
(Council) and NMFS. Previously, the Cook Inlet EEZ was not included in 
a Federal fishery management plan (FMP), deferring management to the 
State of Alaska (State). Commercial fishermen challenged this as 
inconsistent with the Magnuson-Stevens Act (MSA). Ultimately, the Ninth 
Circuit held that the Cook Inlet EEZ must be included in an FMP. The 
Council previously took action to address this issue in 2020 and NMFS 
implemented their recommendation as Amendment 14,

[[Page 9553]]

which closed the Federal area to commercial salmon fishing. Amendment 
14 was challenged by commercial fishermen and vacated. A new amendment 
addressing the area must be promulgated by May 1, 2024. Four management 
alternatives were considered: (1) no action, (2) delegating management 
authority to the State consistent with the MSA, (3) Federal management, 
and (4) Federal management that closes the area to commercial salmon 
fishing. Alternatives 1 and 4 were not viable given the court rulings, 
and the State would not accept delegated management. This left 
Alternative 3 as the only viable alternative. However, the Council did 
not take action and, NMFS must now take action through a Secretarial 
FMP amendment pursuant to MSA section 304(c) to meet the court's 
deadline. NMFS will implement Alternative 3 to federally manage all 
salmon fishing in the Cook Inlet EEZ. Federal management may reduce 
commercial salmon harvest in the EEZ area as a result of increased 
scientific and management uncertainty. Additional litigation is 
expected from commercial fishermen. NMFS developed the elements of this 
rule with input from the public during two North Pacific Fishery 
Management Council meetings, a virtual public hearing, and multiple 
meetings and consultations with Tribal entities.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/19/23  88 FR 72314
NPRM Comment Period End.............   12/18/23
Final Action........................   01/00/24
------------------------------------------------------------------------

    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-BM42

263.  Atlantic Coastal Fisheries Cooperative Management Act 
Provisions; American Lobster Fishery Vessel Tracking for the Federal 
American Lobster Fishery [0648-BM38]

    Legal Authority: 16 U.S.C. 71
    Abstract: The Atlantic States Marine Fisheries Commission, the body 
responsible for the interstate management of the American lobster 
fishery, recently approved Addendum XXIX to Amendment 3 to the 
Interstate Fishery Management Plan for American Lobster, which requires 
electronic tracking of vessels participating in the fishery, with state 
implementation beginning in 2023. The Commission is made up of 
representatives from each of the eastern coastal states, including 
members of the lobster industry, and voted unanimously in support of 
vessel tracking, which is similar to global positioning system (GPS) 
capabilities on a cellular/mobile telephone. These data are critical to 
improving stock assessments, informing discussions and management 
decisions related to protected species and marine spatial planning, and 
enhancing offshore enforcement. NOAA Fisheries is proposing 
complementary Federal regulations under the Atlantic Coastal Fisheries 
Cooperative Management Act, this would consider revising to regulations 
under 50 CFR 697. Federal fiscal year 2022 appropriations included 
approximately $14 million in assistance for lobster permit holders to 
comply with recent North Atlantic right whale risk reduction measures, 
including implementing electronic tracking requirements within the 
Northeast lobster fishery States have indicated they intend to use a 
portion of this money to defray the costs associated with the vessel 
tracking program, either through reimbursement or the bulk purchase and 
distribution of devices.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23
------------------------------------------------------------------------

    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-BM38

264. Atlantic Highly Migratory Species; Electronic Reporting 
Requirements [0648-BM23]

    Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
    Abstract: Atlantic highly migratory species (HMS) are managed under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act, 16 U.S.C. 1801 et seq., and the Atlantic Tunas 
Convention Act (ATCA), id. 971 et seq., the implementing statute for 
binding recommendations of the International Commission for the 
Conservation of Atlantic Tunas. The ANPRM considered options to: (1) 
streamline logbook reporting by converting existing commercial paper 
logbooks to electronic logbooks; (2) expand logbook reporting to 
recreational and commercial permit holders via electronic logbooks, to 
be consistent with Agency efforts in other fisheries and to augment 
data collected for fishery management; (3) collect additional 
information through existing electronic reporting mechanisms for 
dealers and recreational permit holders to augment data collected for 
fishery management; and (4) facilitate HMS reporting including 
considering ways to incentivize reporting compliance (or penalize 
noncompliance) and offering an electronic reporting platform for HMS 
Exempted Fishing Permit Program permit holders. This action is being 
taken pursuant to the rulemaking authority under section 304(c) of the 
Magnuson-Stevens Fishery Conservation and Management Act. 16 U.S.C. 
1854(c). The ANPRM comment period ended in August 2023. The comments 
received provide helpful feedback on the potential issues and ways 
forward, which are under consideration by the Agency. The Agency's 
proposed actions for this rulemaking will be based in part on feedback 
and public comments received on the ANPRM.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   05/12/23  88 FR 30699
ANPRM Comment Period End............   08/18/23
NPRM................................   06/00/24
------------------------------------------------------------------------

    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-BM23

265. 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

[[Page 9554]]

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................................   02/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sarah Malloy, Acting 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

266.  Amendment 56 to the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico: Modifications to Catch Limits, 
Sector Allocation, and Recreational Fishing Seasons for Gulf of Mexico 
Gag [0648-BM46]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: Reef Fish Amendment 56 and the proposed rule would modify 
the status determination criteria, optimum yield, sector catch limits 
and catch targets and establish a rebuilding timeline for Gulf gag 
based on the most recent stock assessment (Southeast Data Assessment 
and Review (SEDAR) 72) and recommendations from the Gulf of Mexico 
Fishery Management Council's Scientific and Statistical Committee. The 
amendment and rule would also modify the recreational accountability 
measures and fishing season. The stock assessment indicated that Gulf 
gag is overfished and was undergoing overfishing as of 2019, and that a 
substantial reduction in the total allowable harvest is necessary to 
rebuild the stock. The amendment and proposed rule would also modify 
the allocation between the commercial and recreational sectors using 
adjusted recreational landings estimates. The need for this action is 
to use the best scientific information available to end overfishing of 
Gulf gag and rebuild the stock to a level commensurate with maximum 
sustainable yield, consistent with the requirements of the Magnuson-
Stevens Fishery Conservation and Management Act.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/18/23  88 FR 71812
NPRM Comment Period End.............   12/18/23
Final Action........................   01/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew J. Strelcheck, 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-BM46

NOS/ONMS

267.  Notice of Proposed Rulemaking for the Designation Pacific 
Remote Islands National Marine Sanctuary [0648-BM52]

    Legal Authority: 16 U.S.C. 1431 et seq.
    Abstract: NOAA's Office of National Marine Sanctuaries is 
considering a proposed rule designating a national marine sanctuary in 
the waters surrounding the Pacific Remote Islands. This proposed rule 
for designation under the National Marine Sanctuaries Act would 
supplement the existing National Marine Monument and further protect 
and conserve the natural environment and cultural heritage of the 
Pacific Remote Islands for future generations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   04/18/23  88 FR 23624
Comment Period End..................   06/02/23
NPRM................................   04/00/24
------------------------------------------------------------------------

    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-BM52

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Final Rule Stage

National Marine Fisheries Service

268. 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..........................   08/09/23  88 FR 54026
Final Action Effective..............   09/08/23
Correction..........................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kim Damon-Randall, Director, Office of Protected 
Resources,

[[Page 9555]]

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

269. Amendments to the North Atlantic Right Whale Vessel Strike 
Reduction Rule [0648-BI88]

    Regulatory Plan: This entry is Seq. No. 14 in part II of this issue 
of the Federal Register.
    RIN: 0648-BI88

270. 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) will 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........................   06/00/24
------------------------------------------------------------------------

    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

271. Designation of Critical Habitat for Nassau Grouper Under the 
Endangered Species Act [0648-BL53]

    Legal Authority: 16 U.S.C. 1533
    Abstract: This rulemaking will designate critical habitat for the 
threatened Nassau grouper pursuant to section 4 of the Endangered 
Species Act (ESA). Specific occupied areas under consideration as 
critical habitat for this species include approximately 2,352.27 sq. 
kilometers (908.22 sq. miles) of marine habitat located in waters off 
southeastern coast of Florida, Puerto Rico, Navassa, and the United 
States Virgin Islands (USVI). For this critical habitat designation, 
the incremental costs of the rule are anticipated to be limited to the 
additional administrative effort required for section 7 consultations 
to consider impacts to the critical habitat. We have 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 they provided, national security impacts are not expected 
to arise as a result of this rule. NMFS also contacted the Department 
of Defense (DoD) to determine if any areas controlled by the DoD 
coincide with any of the areas under consideration for critical 
habitat, and none were found that would result in not designating 
critical habitat pursuant to section 4(a)(3)(B)(i) of the ESA. This 
rule is consistent with existing critical habitat regulations in the 
application of the ESA.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/17/22  87 FR 62930
NPRM Comment Period End.............   12/16/22
Final Action........................   12/00/23
------------------------------------------------------------------------

    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-BL53

272. Designation of Marine Critical Habitat for Six Distinct Population 
Segments of Green Sea Turtles Under the Endangered Species Act [0648-
BL82]

    Legal Authority: 16 U.S.C. 1533
    Abstract: In 2012, NMFS and U.S. Fish and Wildlife Service (USFWS; 
collectively, the Services) were petitioned to identify and list 
distinct population segments (DPSs) of green sea turtles under section 
4 of the Endangered Species Act (ESA; 16 U.S.C. 1533). In 2016, the 
Services listed six DPSs of green sea turtles occurring in U.S. waters, 
which triggered the requirement, under ESA section 4, to designate 
critical habitat to the maximum extent prudent and determinable for 
those DPSs. The Services did not do so within the statutory deadline, 
and subsequently entered into a settlement agreement to submit to the 
Office of the Federal Register for publication a proposed determination 
concerning the designation of critical habitat for the six DPSs by June 
30, 2023. The rule would propose to designate critical habitat 
containing reproductive, migratory, foraging and resting features in 
waters from 0 to 20 m depth. The economic impact will affect Federal 
agencies, who are required under section 7 of the ESA to consult with 
the Services on their actions that may affect listed species and 
designated critical habitat. NMFS is working with the Department of 
Defense and Department of Homeland Security to review potential 
national security impacts. Regarding Broadening Public Participation 
and Community Engagement in the Regulatory Process, we are providing 
six (3 virtual, 3 in-person) public hearings. We will have Spanish at 2 
virtual public hearings. Samoan, Chamorro, or Carolinian cultural 
liaisons are providing facilitation and translation at the 3 in-person 
public hearings. This is part of a pilot project meant to address 
requests made during the public comment period for NMFS' Equity and 
Environmental Justice Strategy.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/19/23  88 FR 46572
NPRM Comment Period End.............   10/17/23
Final Action........................   07/00/24
------------------------------------------------------------------------

    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-BL82

273. Designation of Critical Habitat for Rice's Whale Under the 
Endangered Species Act [0648-BL86]

    Legal Authority: 16 U.S.C. 1533; 16 U.S.C. 1532
    Abstract: Gulf of Mexico Bryde's whales (Balaenoptera edeni) were 
listed as endangered under the Endangered Species Act (ESA) by the 
National Marine Fisheries Service (NMFS) effective April 15, 2019 (84 
FR 15446). On October 22, 2021, NMFS published

[[Page 9556]]

a final rule that revised the listing of Gulf of Mexico Bryde's whales 
to reflect the scientifically accepted taxonomy and nomenclature of the 
species (86 FR 47022). The revised common name for this species is 
Rice's whale and the scientific name is Balaenoptera ricei. The ESA 
requires that critical habitat be designated to the maximum extent 
prudent and determinable at the time a species is listed (16 U.S.C. 
1533(a)(3)(i)). NMFS concluded that critical habitat was not yet 
determinable for the Rice's whale at the time of listing. However, NMFS 
indicated that they anticipated critical habitat would be determinable 
in the future given on-going research. NMFS, therefore, announced in 
the final listing rule that they would propose critical habitat in a 
separate rulemaking. This rule proposes to designate critical habitat 
for the endangered Rice's whale as one specific area within the Gulf of 
Mexico that extends from the Texas-Mexico border in the west to the 
Florida Keys in the east and lies between the 100m and 400m isobaths. 
NMFS will consult with the Department of Defense to assess any 
potential national security impacts as a result of the proposed 
critical habitat designation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/24/23  88 FR 47453
NPRM Comment Period End.............   09/22/23  .......................
NPRM Comment Period Extension.......   10/06/23  88 FR 62522
Final Action........................   06/00/24
------------------------------------------------------------------------

    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-BL86

274.  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-BM31]

    Legal Authority: 16 U.S.C. 1387
    Abstract: The National Marine Fisheries Service (NMFS) is proposing 
a rule under the Atlantic Large Whale Take Reduction Plan (ALWTRP or 
Plan) to reduce the risk of North Atlantic right whale entanglement in 
commercial trap/pot fisheries along the U.S. East Coast. The proposed 
rule would modify the boundaries of the Massachusetts Restricted Area 
(MRA) to include a 200 square miles area known as the MRA Wedge to fill 
a gap in protections that occurs during the implementation of the 
current closure in Federal waters from February through April every 
year. This small gap area was inadvertently created by a 2021 
modification to an existing MRA seasonal closure to buoy lines which 
mirrored a state water closure enacted by Massachusetts in early 2021. 
The resultant gap within the MRA created an opportunity for federally 
permitted vessels to fish or store buoyed trap gear in the MRA Wedge at 
great risk of incidental mortality and serious injury of North Atlantic 
right whales that are seasonally abundant in surrounding waters. 
Empirical gear and whale sightings collected during aerial surveys of 
the MRA Wedge during February-April demonstrate the high entanglement 
risk to right whales in this area. No novel management measures or 
policies are proposed; this Wedge area was closed through emergency 
rulemaking in 2021 and 2022, and this rule proposes to permanently 
implement a small expansion of an existing three-month seasonal 
restriction to fishing with buoy lines.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/18/23  88 FR 63917
NPRM Comment Period End.............   10/18/23
Final Action........................   12/00/23
------------------------------------------------------------------------

    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-BM31

275. 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 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................................   12/09/22  87 FR 75570
NPRM Comment Period End.............   01/23/23
Final Action........................   11/00/23
------------------------------------------------------------------------

    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

276. Framework Adjustment 65 to the Northeast Multispecies Fishery 
Management Plan [0648-BL95]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: The action would implement management measures included 
in Framework Adjustment 65 to the Northeast Multispecies Fishery 
Management Plan (Framework 65) that

[[Page 9557]]

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 will revise the rebuilding 
plan for Gulf of Maine (GOM) cod, set annual specifications for fishing 
years (FY) 2023-2025 for 13 Northeast multispecies stocks, FY2023-2024 
for Georges Bank (GB) cod, GB yellowtail flounder, FY2023 for white 
hake, and specify FY 2023-2024 total allowable catches (TAC) for the 
three U.S./Canada stocks eastern GB cod, eastern GB haddock, and GB 
yellowtail flounder. It would also make a temporarily modification to 
the accountability measures for GB cod. This rule also takes emergency 
action using our authority under Section 305(c) of the Magnuson-Stevens 
Fishery Conservation and Management Act to increase the fishing year 
2023 specifications for Gulf of Maine (GOM) haddock. The purpose of 
this emergency action is to mitigate economic harm to industry by 
increasing the 2023 GOM haddock specifications.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/31/23  88 FR 34810
NPRM Comment Period End.............   06/15/23
Final Action........................   08/18/23  88 FR 56527
Comment Period End..................   09/18/23
Final Action Effective..............   09/18/23
Next Action Undetermined............   11/00/23
------------------------------------------------------------------------

    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-BL95

277. 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. The Agency's 
final actions for this rule will be based in part on feedback and 
public comments on the proposed rule and draft environmental impact 
statement, regulatory impact review (RIR), and initial regulatory 
flexibility analysis (IRFA). The comment period ends in September 2023. 
The comments received to date provide helpful feedback on the potential 
issues and ways forward.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/05/23  88 FR 29050
NPRM Comment Period Extension.......   09/08/23  88 FR 62044
NPRM Comment Period End.............   09/15/23
NPRM Comment Period Extension End...   10/02/23
Final Action........................   08/00/24
------------------------------------------------------------------------

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

278. Atlantic Highly Migratory Species; Prohibiting Retention of 
Oceanic Whitetip Sharks in U.S. Atlantic Waters and Hammerhead Sharks 
in the Caribbean Sea [0648-BK54]

    Legal Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
    Abstract: Atlantic highly migratory species (HMS) fisheries are 
managed under the dual authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic 
Tunas Convention Act (ATCA). On May 15, 2020, NOAA Fisheries issued two 
Biological Opinions (BiOps) under Section 7(a)(2) of the Endangered 
Species Act (ESA). These BiOps covered the pelagic longline fishery for 
Atlantic HMS and the non-pelagic longline HMS fisheries, as managed 
under the 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) 
and its amendments. The BiOps concluded that the fisheries are not 
likely to jeopardize the continued existence of listed species nor 
adversely affect their designated critical habitat. The BiOps included 
conservation recommendations under Section 7(a)(1) of the ESA. These 
conservation recommendations encouraged the prohibition of the 
commercial and recreational retention of both scalloped hammerhead 
sharks (specifically in the Southwest and Caribbean distinct population 
segments) and oceanic whitetip sharks, both of which are listed as 
threatened under the ESA. As a result, this action considers 
implementing this conservation recommendation. Under existing 
regulations, retention and possession of oceanic whitetip and all 
hammerhead sharks are prohibited for commercial fishermen using pelagic 
longline gear; this action would extend the prohibition to commercial 
shark permit holders using other gears and to recreational permit 
holders who target or catch sharks. This action is being taken pursuant 
to the rulemaking authority under the Magnuson-Stevens Act, sec. 
304(g), and ATCA. The Agency's final actions for this rule will be 
based in part on public comments on the proposed rule and draft 
environmental assessment, RIR, and IRFA. The comments received were 
generally supportive of the proposed action; some commenters requested 
additional protections for scalloped hammerhead sharks.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/22/23  88 FR 17171
NPRM Comment Period End.............   05/22/23

[[Page 9558]]

 
Final Action........................   12/00/23
------------------------------------------------------------------------

    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-BK54

279. Atlantic Highly Migratory Species; Amendment 16 to the 2006 
Consolidated Atlantic Highly Migratory Species Fishery Management Plan 
[0648-BM08]

    Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
    Abstract: NMFS is developing a proposed rule for Amendment 16 to 
the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery 
Management Plan (FMP) pursuant to Magnuson-Stevens Fishery Conservation 
and Management Act (MSA) sections 304(c) and (g). The draft Amendment 
will include a draft environmental impact statement and other required 
analyses. Based on the mechanism used in establishing shark quotas and 
related management measures from Amendment 14 to the 2006 Consolidated 
HMS FMP, Amendment 16 would modify the acceptable biological catch 
(ABC) and annual catch limits (ACLs) for Atlantic sharks and the 
process used to account for carryover of underharvests of quotas. In 
this action, NMFS would also look at all commercial and recreational 
management measures related to the Atlantic shark fishery and make 
appropriate revisions. Amendment 16 would affect the bottom longline, 
gillnet, and pelagic longline fisheries, which fish for sharks 
throughout the entire range of the fishery (Atlantic Ocean, Gulf of 
Mexico, and Caribbean Sea). The Agency's proposed actions for this rule 
will be based in part on feedback and public comments received on the 
issues and options paper. The comment period ends in August 2023. The 
comments received to date provide helpful feedback on the potential 
issues and ways forward.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent....................   05/08/23  88 FR 29617
Notice of Intent Comment Period End.   08/18/23
Final Action........................   11/00/23
------------------------------------------------------------------------

    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-BM08

280. International Fisheries; Western and Central Pacific Fisheries for 
Highly Migratory Species; Fishing Effort Limits in Purse Seine 
Fisheries [0648-BL25]

    Legal Authority: 16 U.S.C. 6901 et seq.
    Abstract: Under authority of the Western and Central Pacific 
Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), NMFS 
is implementing fishing effort limits for the U.S. purse seine fishery 
operating in the western and central Pacific Ocean (WCPO). Regulations 
at 50 CFR 300.223(a) currently limit U.S. WCPO purse seine fishing 
effort in a combined area of the high seas and U.S. exclusive economic 
zone (EEZ). Based on recent decisions of the Commission for the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean, this rulemaking would implement 
separate U.S. WCPO purse seine fishing effort limits for the high seas 
and U.S. EEZ. This rulemaking could have some economic effects on U.S. 
purse seine vessels, as the separate effort limits would reduce the 
operational flexibility provided by the combined effort limits. This 
rulemaking could also have some economic effects on American Samoa, as 
the separate limits could lead to a fishery closure earlier in the year 
than under the combined limits, which could reduce fish supply to the 
cannery based in American Samoa. Other elements of this rulemaking 
include modifications to the process for closing the fishery once an 
effort limit is reached, and modifications to the procedures for 
obtaining daily purse seine fishing effort reports.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/12/22  87 FR 55768
NPRM Comment Period End.............   10/03/22
Final Action........................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sarah Malloy, Acting 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-BL25

281. Amendment 51 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (Amendment 51) [0648-BM03]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: NMFS is developing a final rule to implement Amendment 
51. Amendment 51 and the rule will modify management of South Atlantic 
snowy grouper. Actions will revise annual catch limits, sector 
allocations, and the fishing season and accountability measures for the 
recreational sector. Amendment 51 and the rule will end overfishing of 
South Atlantic snowy grouper, continue to rebuild the stock, and 
achieve optimum yield while minimizing, to the extent practicable, 
adverse social and economic effects.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/30/23  88 FR 34460
NPRM Comment Period End.............   06/29/23
Final Action........................   11/00/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew J. Strelcheck, 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-BM03

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

282. 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 
established a risk-based traceability program to track seafood from 
harvest to entry into U.S. commerce. The final rule

[[Page 9559]]

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 will 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........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Alexa Cole, Phone: 301 427-8286, Email: 
[email protected].
    RIN: 0648-BH87

283. Seafood Import Permitting and Reporting Procedures [0648-BK85]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: NMFS amends the regulations that require seafood import 
documentation under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.). The statute prohibits the 
importation of seafood that was harvested in violation of foreign laws, 
any treaty, or binding conservation measures of regional fisheries 
organizations to which the United States is a party. The import 
permitting, reporting and recordkeeping regulations facilitate 
enforcement of the statutory prohibition. To ensure compliance with the 
import monitoring program, NMFS clarifies what qualifies as the U.S. 
resident business address of the International Fisheries Trade Permit 
holder and the permit holder's obligation to ensure timely access to 
and production of the required supply chain records in the event of an 
audit NMFS also intends to include additional species under the 
program, such as expanding currently listed single-species to species 
groups and adding new species. U.S. seafood importers are likely to be 
affected by this rulemaking through increased reporting and 
recordkeeping requirements, but NOAA estimates the economic impact will 
be small because documentation is already completed, transmitted 
through the supply chain, and available to importers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/28/22  87 FR 79836
NPRM Comment Period End.............   03/28/23
NPRM Comment Period Extension.......   03/31/23  88 FR 19236
NPRM Comment Period Extension End...   04/27/23
                                     -----------------------------------
Final Action........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Alexa Cole, Phone: 301 427-8286, Email: 
[email protected].
    RIN: 0648-BK85

284. Rulemaking To Modify the 2023-2027 Halibut Individual Fishing 
Quota (IFQ) Vessel Harvest Limitations in IFQ Regulatory Areas 4A, 4B, 
4C, and 4D [0648-BM18]

    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, 16 U.S.C. 773 et seq. On February 10, 2023, the North 
Pacific Fishery Management Council (Council) recommended to temporarily 
remove IFQ halibut vessel caps for the 2023-2027 fishing years 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 is needed to provide continued flexibility and 
consistency in the Pacific halibut fishery. This action would implement 
the temporary management measure that has been recommended by the 
Council and implemented by NMFS annually since 2020 for a 5-year 
period. This action would revise 50 CFR 679.42(h)(1) to remove vessels 
caps in those four areas for the 2023-2027 fishing year. This temporary 
action would provide consistency for fishery participants over the next 
five years, while the Council develops a long-term solution to modify 
vessel use caps in Area 4. Halibut IFQ holders with quota share in 
those four areas would be affected by this action, as well as Community 
Quota Entities in area 4B. This action would not modify any other 
aspects of the IFQ Program. Section 773c(c) of the Northern Pacific 
Halibut Act is the rulemaking authority.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/11/23  88 FR 30272
NPRM Comment Period End.............   06/12/23
Final Action........................   07/26/23  88 FR 48137
Final Action Effective..............   07/26/23
                                     -----------------------------------
Next Action Undetermined............           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jon Kurland, Phone: 907 586-7638, Email: 
[email protected].
    RIN: 0648-BM18

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

285. 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 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

[[Page 9560]]

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

    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

286. 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 action implements Amendment 122 to the 
Fishery Management Plan (FMP) for Groundfish of the Bering Sea and 
Aleutian Islands Management Area (BSAI), and the Pacific cod Trawl 
Cooperative Program (PCTC Program) which allocates quota share (QS) to 
groundfish License Limitation Program (LLP) license holders based on 
the harvest of BSAI Pacific cod during qualifying years. This Program 
also allocates QS to a processor permit holder based on processing 
history during the qualifying years. QS allocated under this program 
yields an exclusive harvest privilege to members of a PCTC Program 
cooperative. The Council's intent in recommending Amendment 122 and the 
PCTC Program 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. The final rule included an 
incorrect cross reference and inadvertently left out two footnotes in a 
table and a correction notice fixed these errors.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/09/23  88 FR 8592
NPRM Comment Period End.............   03/13/23
Final Action........................   08/08/23  88 FR 53704
Correction..........................   08/22/23  88 FR 57009
Final Action Effective..............   09/07/23
------------------------------------------------------------------------

    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

287. Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
American Lobster Fishery; Consideration of Expanded Harvester and 
Biological Sampling Requirements for American Lobster [0648-BF01]

    Legal Authority: 16 U.S.C. 5101 et seq.
    Abstract: In response to recommendations by the Atlantic States 
Marine Fisheries Commission, this rulemaking action will cap and reduce 
individual and aggregate trap caps in the Offshore Area 3 lobster 
fishery and cap the number of permits a permit holder may have in 
nearshore Area 2. It also implements components of the Commission's 
Addendum XXVI to the American Lobster Management Plan. Among other 
things, the Addendum requires the lobster harvesting states to 
implement a trip-level reporting requirement with expanded data 
elements for all lobster fishermen in their respective jurisdictions, 
and recommends complementary action for Federal lobster permit holders. 
We will implement the mandatory trip-level harvester reporting 
requirement through this action. Finally, this action also makes some 
minor administrative changes to the lobster trap transfer program, 
considers allowing the use of a substitute vessel to tend lobster gear 
in certain circumstances, and removes some outdated text from the 
Federal lobster regulation at 50 CFR 697.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   11/15/17  82 FR 52871
ANPRM Comment Period End............   12/15/17
Second ANPRM........................   06/14/18  83 FR 27747
Second ANPRM Comment Period End.....   07/16/18
NPRM................................   07/11/22  87 FR 41084
NPRM Comment Period End.............   08/10/22
Interim Final Rule..................   10/02/23  88 FR 67667
Interim Final Rule Effective........   11/01/23
------------------------------------------------------------------------

    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-BF01

288. Atlantic Highly Migratory Species; Atlantic Bluefin Tuna General 
Category Restricted-Fishing Days for 2023 [0648-BL94]

    Legal Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 971 et seq.
    Abstract: Atlantic tunas are managed under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 
1801 et seq., and the Atlantic Tunas Convention Act (ATCA), id. 971 et 
seq., the implementing statute for the International Commission for the 
Conservation of Atlantic Tunas. This temporary final action established 
a schedule of restricted-fishing days (RFDs) for all Tuesdays, Fridays, 
and Saturdays from July 1 through November 20, 2023. On an RFD, vessels 
permitted in the Atlantic Tunas General category are prohibited from 
fishing for, including catch-and-release and tag-and-release fishing, 
possessing, retaining, landing, or selling Atlantic

[[Page 9561]]

bluefin tuna of all sizes. RFDs also apply to HMS Charter/Headboat 
permitted vessels when fishing commercially, but do not preclude such 
vessels from recreational fishing activity (under applicable Angling 
category regulations), including catch-and-release and tag-and-release 
fishing. This action was taken pursuant to the rulemaking authority 
under section 304(c) of the Magnuson-Stevens Fishery Conservation and 
Management Act. 16 U.S.C. 1855(d).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/06/23  88 FR 13771
NPRM Comment Period End.............   04/05/23
Final Action........................   05/25/23  88 FR 33839
Final Action Effective..............   07/01/23
------------------------------------------------------------------------

    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-BL94

289. Fish Aggregating Device Design Requirements in Purse Seine 
Fisheries, IMO Number Requirements, and Bycatch Restrictions [0648-
BI79]

    Legal Authority: 16 U.S.C. 6901 et seq.
    Abstract: This final rule implements recent decisions adopted by 
the Western and Central Pacific Fisheries Commission, to which the 
United States is a member. Specifically, the final rule implements fish 
aggregating device design requirements for U.S. purse seine fishing 
vessels, expands requirements for U.S. fishing vessel owners to obtain 
numbers issued under the ship identification number scheme established 
by the International Maritime Organization, and implements bycatch 
restrictions for sharks and rays.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/07/21  86 FR 55790
NPRM Comment Period End.............   11/08/21
Final Action........................   05/12/23  88 FR 30671
Final Action Effective..............   06/12/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sarah Malloy, Acting 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-BI79

290. Interim Measures To Reduce Overfishing of Gulf of Mexico Gag 
[0648-BL89]s

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: Gulf of Mexico (Gulf) gag is managed under the Fishery 
Management Plan for Reef Fish Resources of the Gulf of Mexico and the 
most recent stock assessment indicates that Gulf gag is overfished and 
is undergoing overfishing. The National Marine Fishery Service is 
implementing interim measures to reduce overfishing, as recommended by 
the Gulf of Mexico Fishery Management Council (Council), while the 
Council develops a plan amendment to end overfishing and rebuild the 
Gulf gag stock. The interim measures would reduce the Gulf gag catch 
limits consistent with one alternative the Council is considering in 
the plan amendment under development. The interim measures would also 
modify the recreational season start date in 2023 to increase the 
projected season length.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM Temporary Rule.................   02/03/23  88 FR 7388
NPRM Temporary Rule Comment Period     02/21/23
 End.
Final Temporary Rule Action.........   05/03/23  88 FR 27701
Final Action Effective..............   05/03/23
Final Temporary Rule Extension......   10/06/23  88 FR 69553
Final Temporary Rule Extension End..   05/02/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew J. Strelcheck, 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-BL89

291. Amendment 54 to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico: Modifications to the Greater Amberjack 
Catch Limits, Sector Allocation, and Rebuilding Plan [0648-BM00]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: Reef Fish Amendment 54 and the final rule would modify 
the Gulf greater amberjack overfishing limit, acceptable biological 
catch, and sector annual catch limits and annual catch targets based on 
the most recent stock assessment (Southeast Data Assessment and Review 
70), which indicated that the stock continued to be overfished and 
undergoing overfishing, and recommendations from the Gulf of Mexico 
Fishery Management Council's Scientific and Statistical Committee. The 
stock assessment included historical recreational catch and effort data 
adjusted to be consistent with the Marine Recreational Information 
Program (MRIP) Fishing Effort Survey (FES), which replaced the MRIP 
Coastal Household Telephone Survey (CHTS) in 2018. Landings estimates 
generated using MRIP-FES are generally greater than those generated 
using MRIP-CHTS. Reef Fish Amendment 54 also modifies the allocation 
between the commercial and recreational sectors using the MRIP-FES 
adjusted landing estimates on a more recent time series (1993-2019) 
than the previous allocation (1981-2004) and only includes years after 
greater amberjack was identified to species. The need for this action 
is to end overfishing and rebuild the greater amberjack stock as 
required by the Magnuson-Stevens Fishery Conservation and Management 
Act, update existing greater amberjack catch limits and allocations to 
be consistent with best scientific information available, FMP 
objectives, and contemporary data collection methods.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/10/23  88 FR 14964
NPRM Comment Period End.............   04/10/23
Final Action........................   06/15/23  88 FR 39193
Final Action Effective..............   07/17/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew J. Strelcheck, 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-BM00

292. Amendment 53 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (Amendment 53) [0648-BM27]

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

[[Page 9562]]

    Abstract: NMFS is developing a proposed rule to implement Amendment 
53. The rule will modify management of South Atlantic gag and black 
grouper. Because gag is overfished and undergoing overfishing, actions 
for gag include establishing a rebuilding plan, revising annual catch 
limits, sector allocations, management measures, and recreational 
accountability measures. Amendment 53 would also modify recreational 
management measures for black grouper. Amendment 53 and the proposed 
rule would end overfishing of South Atlantic gag, rebuild the stock, 
and achieve optimum yield while minimizing, to the extent practicable, 
adverse social and economic effects.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/13/23  88 FR 44764
NPRM Comment Period End.............   08/14/23
Final Action........................   09/21/23  88 FR 65135
Final Action Effective..............   10/23/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Andrew J. Strelcheck, 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-BM27

293. 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 action implements 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 intends 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........................   10/03/22  87 FR 59705
Final Action Effective..............   11/02/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jennifer Quan, Regional Administrator--West Coast 
Region, Department of Commerce, National Oceanic and Atmospheric 
Administration, DC 20230, Phone: 562 980-4001, Email: 
[email protected].
    RIN: 0648-BH70

294. 2023 Pacific Whiting Harvest Specifications and Interim Tribal 
Allocation; Pacific Coast Groundfish [0648-BM07]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: Through this rulemaking, NMFS sets the U.S. Total 
Allowable Catch (TAC) level based on the coastwide TAC determined under 
the terms of the Agreement with Canada on Pacific Hake/Whiting 
(Agreement) and the Pacific Whiting Act of 2006 (Whiting Act); the 
interim allocation for the tribal fishery; the fishery harvest 
guideline (HG), called the non-tribal allocation, for three commercial 
whiting sectors; and set-asides for research and bycatch. As in prior 
years, the interim tribal allocation is not intended to set a precedent 
for future years. This action will be implemented pursuant to the 
rulemaking authority under the Magnuson-Stevens Fishery Conservation 
and Management Act (MSA) 304(b) (Regulations Deemed Necessary by 
Council) and MSA section 305(d) (Secretarial authority), and the 
Pacific Whiting Act of 2006. Pursuant to MSA section 305(d), this 
action is necessary to ensure that the Pacific Coast Groundfish Fishery 
Management Plan is implemented in a manner consistent with treaty 
rights of four treaty tribes to fish in their usual and accustomed 
grounds and stations in common with non-tribal citizens. United States 
v. Washington, 384 F. Supp. 313 (W.D. Wash. 1974).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/06/23  88 FR 20457
NPRM Comment Period End.............   04/21/23
Final Action........................   05/31/23  88 FR 34783
Final Action Effective..............   05/31/23
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jennifer Quan, Regional Administrator--West Coast 
Region, Department of Commerce, National Oceanic and Atmospheric 
Administration, DC 20230, Phone: 562 980-4001, Email: 
[email protected].
    RIN: 0648-BM07

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Proposed Rule Stage

295. Setting and Adjusting Patent Fees [0651-AD64]

    Regulatory Plan: This entry is Seq. No. 17 in part II of this issue 
of the Federal Register.
    RIN: 0651-AD64

296. Setting and Adjusting Trademark Fees [0651-AD65]

    Regulatory Plan: This entry is Seq. No. 18 in part II of this issue 
of the Federal Register.
    RIN: 0651-AD65

[FR Doc. 2024-00451 Filed 2-8-24; 8:45 am]
BILLING CODE 3410-12-P