[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Unknown Section]
[Pages 66780-66794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16446]



[[Page 66779]]

Vol. 89

Friday,

No. 159

August 16, 2024

Part IV





 Department of Commerce





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Semiannual Regulatory Agenda

  Federal Register / Vol. 89 , No. 159 / Friday, August 16, 2024 / UA: 
Reg Flex Agenda  

[[Page 66780]]


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DEPARTMENT OF COMMERCE

Office of the Secretary

13 CFR Ch. III

15 CFR Subtitle A; Subtitle B, Chs. I, II, III, VII, VIII, IX, and 
XI

19 CFR Ch. III

37 CFR Chs. I, IV, and V

48 CFR Ch. 13

50 CFR Chs. II, III, IV, and VI


Spring 2024 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 publication of the Fall 2023 Unified 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 Commerce's 
regulatory process.
    Commerce's Spring 2024 Unified Agenda includes regulatory 
activities that are expected to be conducted during the period July 1, 
2024, through June 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 Spring 2024 
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 February 20, 2024, the Office of Management and Budget issued 
guidelines and procedures for the preparation and publication of the 
Spring 2024 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.
    A list of Commerce's most important significant regulatory and 
deregulatory actions and a Statement of Regulatory Priorities are 
included only in the fall editions of the Unified Agendas and, thus, do 
not appear in the Spring 2024 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. In addition to regulations promulgated by NOAA, BIS, and 
PTO, this issue also includes regulations to be promulgated by, or that 
have been published and completed since the Fall 2023 Unified Agenda 
by, the International Trade Administration (ITA), the U.S. Census 
Bureau (CENSUS), the National Institute of Standards and Technology 
(NIST), the National Telecommunications and Information Administration 
(NTIA), the U.S. Economic Development Administration (EDA), and the 
Office of the Secretary (OS).
    Commerce's Spring 2024 Unified Agenda follows.

Leslie Kiernan,
General Counsel.

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


                General Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
19........................  Securing the Information           0605-AA60
                             and Communications
                             Technology and Services
                             Supply Chain: Licensing
                             Procedures.
------------------------------------------------------------------------


[[Page 66781]]


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


            Bureau of Industry and Security--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
21........................  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.
------------------------------------------------------------------------
22........................  Illegal, Unreported, and           0648-BG11
                             Unregulated Fishing;
                             Fisheries Enforcement;
                             High Seas Driftnet
                             Fishing Moratorium
                             Protection Act.
23........................  Amendment 125 to the               0648-BM64
                             Bering Sea and Aleutian
                             Islands Fishery
                             Management Plan; Pacific
                             Cod Small Boat Access.
24........................  Authorizing Hook-and-line          0648-BM77
                             Catcher/Processors to use
                             Longline Pot Gear in the
                             Bering Sea Greenland
                             Turbot Fishery.
25........................  Atlantic Coastal Fisheries         0648-BM38
                             Cooperative Management
                             Act Provisions; American
                             Lobster Fishery Vessel
                             Tracking for the Federal
                             American Lobster Fishery.
26........................  Atlantic Highly Migratory          0648-BM08
                             Species; Amendment 16 to
                             the 2006 Consolidated
                             Atlantic Highly Migratory
                             Species Fishery
                             Management Plan.
27........................  Atlantic Highly Migratory          0648-BM23
                             Species; Electronic
                             Reporting Requirements.
28........................  Atlantic Highly Migratory          0648-BM88
                             Species; Revisions to
                             Commercial Atlantic
                             Blacknose and
                             Recreational Atlantic
                             Shark Fisheries.
29........................  International Fisheries;           0648-BG04
                             South Pacific Tuna
                             Fisheries; Implementation
                             of Amendments to the
                             South Pacific Tuna Treaty.
30........................  Magnuson-Stevens Act               0648-BM85
                             Provisions; Fisheries Off
                             West Coast States;
                             Pacific Coast Groundfish
                             Fishery; 2024 Harvest
                             Specifications for
                             Pacific Whiting, and 2024
                             Pacific Whiting Tribal
                             Allocation.
31........................  2025-2026 Harvest                  0648-BN08
                             Specifications and
                             Management Measures for
                             the Pacific Coast
                             Groundfish Fishery.
32........................  Notice of Proposed                 0648-BM52
                             Rulemaking for the
                             Designation Pacific
                             Remote Islands National
                             Marine Sanctuary.
------------------------------------------------------------------------


    National Oceanic and Atmospheric Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
33........................  Amendments to the North            0648-BI88
                             Atlantic Right Whale
                             Vessel Strike Reduction
                             Rule.
34........................  Designation of Critical            0648-BJ52
                             Habitat for Threatened
                             Indo-Pacific Reef-
                             Building Corals.
35........................  Establishment of Time-Area         0648-BK04
                             Closures for Hawaiian
                             Spinner Dolphins Under
                             the Marine Mammal
                             Protection Act.
36........................  Designation of Marine              0648-BL82
                             Critical Habitat for Six
                             Distinct Population
                             Segments of Green Sea
                             Turtles Under the
                             Endangered Species Act.
37........................  Designation of Critical            0648-BL86
                             Habitat for Rice's Whale
                             Under the Endangered
                             Species Act.
38........................  Framework Adjustment 66 to         0648-BM71
                             the Northeast
                             Multispecies Fishery
                             Management Plan.
39........................  Atlantic Highly Migratory          0648-BI10
                             Species; Research and
                             Data Collection in
                             Support of Spatial
                             Fisheries Management.
40........................  International Fisheries;           0648-BL25
                             Western and Central
                             Pacific Fisheries for
                             Highly Migratory Species;
                             Fishing Effort Limits in
                             Purse Seine Fisheries.
------------------------------------------------------------------------


   National Oceanic and Atmospheric Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
41........................  Magnuson-Stevens Fisheries         0648-BH87
                             Conservation and
                             Management Act;
                             Traceability Information
                             Program for Seafood.
42........................  Seafood Import Permitting          0648-BK85
                             and Reporting Procedures.
------------------------------------------------------------------------


[[Page 66782]]


   National Oceanic and Atmospheric Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
43........................  Designation of Critical            0648-BG26
                             Habitat for the
                             Threatened Caribbean
                             Corals.
44........................  Designation of Critical            0648-BL53
                             Habitat for Nassau
                             Grouper Under the
                             Endangered Species Act.
45........................  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.
46........................  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.
47........................  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.
48........................  Amendment 16 to the                0648-BM42
                             Fishery Management Plan
                             for the Salmon Fisheries
                             in the EEZ Off Alaska;
                             Cook Inlet.
49........................  Framework Adjustment 65 to         0648-BL95
                             the Northeast
                             Multispecies Fishery
                             Management Plan.
50........................  Framework Adjustment 38 to         0648-BM78
                             the Atlantic Sea Scallop
                             Fishery Management Plan.
51........................  Atlantic Highly Migratory          0648-BK54
                             Species; Prohibiting
                             Retention of Oceanic
                             Whitetip Sharks in U.S.
                             Atlantic Waters and
                             Hammerhead Sharks in the
                             Caribbean Sea.
52........................  Atlantic Highly Migratory          0648-BM66
                             Species; Atlantic Bluefin
                             Tuna General Category
                             Restricted-Fishing Days;
                             Atlantic Bluefin Tuna
                             Regulatory Clarifications.
53........................  Amendment 51 to the                0648-BM03
                             Fishery Management Plan
                             for the Snapper-Grouper
                             Fishery of the South
                             Atlantic Region
                             (Amendment 51).
54........................  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.
------------------------------------------------------------------------


              Patent and Trademark Office--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
55........................  Setting and Adjusting              0651-AD64
                             Patent Fees During Fiscal
                             Year 2025.
56........................  Setting and Adjusting              0651-AD65
                             Trademark Fees During
                             Fiscal Year 2025.
------------------------------------------------------------------------

DEPARTMENT OF COMMERCE (DOC)

General Administration (ADMIN)

Final Rule Stage

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

    Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301; 50 U.S.C. 1601; E.O. 
13873; E.O. 14034
    Abstract: Pursuant to Executive Order 13873 of May 15, 2019, 
``Securing the Information and Communications Technology and Services 
Supply Chain'' and Executive Order 14034 of June 9, 2021, ``Protecting 
Americans' Sensitive Data From Foreign Adversaries,'' the Department of 
Commerce is finalizing the rule that sets forth the process and 
procedures that the Secretary of Commerce 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........................   08/00/24
------------------------------------------------------------------------

    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)

General Administration (ADMIN)

Long-Term Actions

19. Securing the Information and Communications Technology and Services 
Supply Chain: Licensing Procedures [0605-AA60]

    Legal Authority: 50 U.S.C. 1701; 3 U.S.C. 301; 50 U.S.C. 1601; E.O. 
13873; E.O. 14034
    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 
information and communications technology and services (ICTS) 
Transactions under 15 CFR part 7.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/29/21  86 FR 16312
ANPRM Comment Period End............   04/28/21
NPRM................................   11/00/25
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Katelyn Christ, Phone: 202 482-3064, Email: 
[email protected].
    RIN: 0605-AA60


[[Page 66783]]



DEPARTMENT OF COMMERCE (DOC)

International Trade Administration (ITA)

Final Rule Stage

20. 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............   07/00/24
------------------------------------------------------------------------

    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)

Final Rule Stage

21. 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; E.O. 13984; E.O. 14110
    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) 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. Additionally, Executive Order 14110 
of October 30, 2023, Safe, Secure, and Trustworthy Development and Use 
of Artificial Intelligence'' (E.O. 14110) directs the Secretary to 
impose record keeping requirements on IaaS providers when foreign 
persons use U.S. IaaS products to train certain large artificial 
intelligence (AI) models and to require U.S. IaaS providers identify 
the foreign customers of their foreign resellers. The Department of 
Commerce is assessing public comments from its January 29, 2024, notice 
of proposed rulemaking (NPRM) to EOs 13984 and 14110 and will issue a 
final rule once that review is complete.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/29/24  89 FR 5698
NPRM Comment Period End.............   04/29/24
Final Action........................   12/00/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kellen Moriarty, Department of Commerce, 1401 
Constitution Avenue, Washington, DC 20230, Phone: 202 482-1329.
    RIN: 0694-AJ35

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Proposed Rule Stage

National Marine Fisheries Service

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

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

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/08/22  87 FR 40763
NPRM Comment Period End.............   09/06/22

[[Page 66784]]

 
Second NPRM.........................   10/00/24
------------------------------------------------------------------------

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

23.  Amendment 125 to the Bering Sea and Aleutian Islands 
Fishery Management Plan; Pacific Cod Small Boat Access [0648-BM64]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: In response to a recommendation by the North Pacific 
Fishery Management Council, this action would allow smaller hook-and-
line or pot catcher vessels operating in the Federal Bering Sea and 
Aleutian Island (BSAI) Pacific cod (Gadus macrophalus) less than 60' 
hook-and-line or pot catcher vessel sector to harvest Pacific cod from 
the BSAI Pacific cod jig sector's allocation. Under the current 
regulations, the BSAI Pacific cod jig sector only includes jig catcher 
vessels and catcher processors. The proposed amendment would redefine 
the current Federal BSAI Pacific cod jig sector to add hook-and-line 
and pot catcher vessels that are less than or equal to 55' length 
overall to the current definition. This proposed action is needed 
because of reduced Pacific cod total allowable catch (TAC), shortened 
seasons for the less than 60' hook-and-line and pot catcher vessel 
Pacific cod sector, and the inability of these smaller vessels to 
compete with larger vessels during poor weather. As such, the proposed 
action would likely provide a small benefit to a small number of 
fishery participants (those with smaller vessels). This action could 
provide stability and additional opportunities for current fishery 
participants and potential new entrants with smaller hook-and-line or 
pot catcher vessels without negatively impacting vessels that operate 
in the jig sector. However, larger hook-and-line or pot vessels could 
be negatively impacted by the proposed action, which would likely 
impact the historically common reallocations of projected unused 
Pacific cod allocation from the jig sector to the less than 60' hook-
and-line or pot catcher vessel sector. The authority for this action is 
Section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and 
Management Act.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/24
------------------------------------------------------------------------

    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-BM64

24.  Authorizing Hook-and-Line Catcher/Processors To Use 
Longline Pot Gear in the Bering Sea Greenland Turbot Fishery [0648-
BM77]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: In response to a recommendation by the North Pacific 
Fishery Management Council, this action would allow hook-and-line 
catcher/processor vessels to use longline pot gear in the Greenland 
turbot (Reinhardtius hippoglossoides) fishery in the Bering Sea (BS). 
Current regulations only allow for the use of hook-and-line or trawl 
gear when directed fishing for Greenland turbot in the BS. This action 
is needed due to an increase in killer whale (Orcinus orca) depredation 
in the BS hook-and-line gear Greenland turbot fishery. The level of 
depredation has increased to a level where it precludes directed 
fishing for Greenland turbot using hook-and-line gear. This action 
would reduce the impacts of whale depredation and allow the fishery to 
resume. This action would benefit the hook-and-line catcher/processors 
who choose to participate in the directed fishery for Greenland turbot 
using longline pot gear. The authority for this action is Section 
304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and 
Management Act.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/24
------------------------------------------------------------------------

    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-BM77

25. 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.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/24
------------------------------------------------------------------------

    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

26. 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

[[Page 66785]]

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 ended 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
NPRM................................   03/00/25
------------------------------------------------------------------------

    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

27. 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................................   07/00/24
------------------------------------------------------------------------

    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

28.  Atlantic Highly Migratory Species; Revisions to Commercial 
Atlantic Blacknose and Recreational Atlantic Shark Fisheries [0648-
BM88]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: The National Marine Fisheries Service, on behalf of the 
Secretary of Commerce, is responsible for managing Atlantic highly 
migratory species (HMS) pursuant to the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1801 et seq., and consistent 
with the Atlantic Tunas Convention Act (ATCA), id. 971 et seq. This 
proposed rule would consider options to: (1) remove the Atlantic 
blacknose shark management boundary in the Atlantic region, (2) modify 
the commercial retention limit for blacknose sharks in the Atlantic 
region, (3) revise the recreational minimum size limits for authorized 
Atlantic shark species, and (4) revise the recreational bag limits for 
some authorized Atlantic shark species. This proposed rule would also 
remove commercial management group quota linkages, consistent with 
management measures established in Amendment 14 to the 2006 
Consolidated HMS Fishery Management Plan (88 FR 4157, January 24, 
2023). This action would affect the commercial and recreational 
Atlantic shark fisheries in the Atlantic Ocean, Gulf of Mexico, and 
Caribbean Sea. In 2021, ex-vessel revenues for the entire Atlantic 
shark fishery totaled approximately $2.6 million. This action is being 
taken pursuant to the rulemaking authority under section 304(g) of the 
Magnuson-Stevens Fishery Conservation and Management Act. 16 U.S.C. 
1854(c).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/24
------------------------------------------------------------------------

    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-BM88

29. International Fisheries; South Pacific Tuna Fisheries; 
Implementation of Amendments to the South Pacific Tuna Treaty [0648-
BG04]

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

[[Page 66786]]

Treaty amendments that can be implemented under the existing South 
Pacific Tuna Act.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/00/24  .......................
------------------------------------------------------------------------

    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

30.  Magnuson-Stevens Act Provisions; Fisheries Off West Coast 
States; Pacific Coast Groundfish Fishery; 2024 Harvest Specifications 
for Pacific Whiting, and 2024 Pacific Whiting Tribal Allocation [0648-
BM85]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: This rule would establish the 2024 harvest specifications 
and allocations for Pacific Whiting. Through this rulemaking, NMFS 
would announce the U.S. Total Allowable Catch (TAC) level determined 
under the terms of the Agreement with Canada on Pacific Hake/Whiting 
(Agreement) and the Pacific Whiting Act of 2006 (Whiting Act) and set 
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 would 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). The harvest 
specifications that would be implemented by this action would be in 
effect for the Pacific Whiting fishery that opens May 01, 2024 through 
December 31, 2024.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/24  .......................
------------------------------------------------------------------------

    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-BM85

31.  2025-2026 Harvest Specifications and Management Measures 
for the Pacific Coast Groundfish Fishery [0648-BN08]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: Every other year, the Pacific Fishery Management Council 
makes recommendations to set biennial allowable harvest levels for 
Pacific Coast groundfish, and recommends management measures for 
commercial, recreational, and tribal fisheries that are designed to 
achieve those harvest levels consistent with the Pacific Coast 
Groundfish Fishery Management Plan. For the 2025-26 biennium, the 
Pacific Fishery Management Council has recommended: (1) Harvest 
specifications, including overfishing limits, acceptable biological 
catches, and annual catch limits; and (2) Management measures to 
achieve those specifications. The specifications and management 
measures that would be established by this action would be in effect 
from January 1, 2025, through December 31, 2026. The National Marine 
Fisheries Service (NMFS) would implement this rulemaking under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act, 16 U.S.C. 1801 et seq.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/24  .......................
------------------------------------------------------------------------

    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-BN08

NOS/ONMS

32. 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 
developing 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................................   09/00/24  .......................
------------------------------------------------------------------------

    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

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

    Legal Authority: 16 U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq.
    Abstract: NMFS published a proposed rule to amend the North 
Atlantic Right Whale Vessel Strike Reduction Rule (per 50 CFR 224.105; 
87 FR 46921, August 1, 2022). NMFS proposed this action to further 
reduce the likelihood of mortalities and serious injuries to endangered 
right whales from vessel collisions, which are a leading cause of the 
species' decline and a primary factor in an ongoing Unusual Mortality 
Event. The final rule will (1) modify the spatial and temporal 
boundaries of current speed restriction areas, currently referred to as 
Seasonal Management

[[Page 66787]]

Areas (SMAs), (2) include most vessels greater than or equal to 35 ft 
(10.7 m) and less than 65 ft (19.8 m) in length in the vessel size 
class subject to speed restriction, (3) create a Dynamic Speed Zone 
framework to implement mandatory speed restrictions when whales are 
known to be present outside active SMAs, and (4) update the speed 
rule's safety deviation provision. The final amendments to current 
speed regulations reduce vessel strike risk based on a coast wide 
collision mortality risk assessment and updated information on right 
whale distribution, vessel traffic patterns, and vessel strike 
mortality and serious injury events. NMFS solicited public comment on 
the proposed action and received over 90,000 public comments. The 
agency plans to take final action on the final rule in 2024.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/01/22  87 FR 46921
NPRM Comment Period End.............   09/30/22  .......................
NPRM Comment Period Extension.......   09/16/22  87 FR 56925
NPRM Comment Period Extension End...   10/31/22  .......................
Final Action........................   11/00/24  .......................
------------------------------------------------------------------------

    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-BI88

34. 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 withdrew 
the 2020 proposed rule and published a new proposed rule. We proposed 
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 the proposed rule, NMFS 
considered economic, national security, and other relevant impacts of 
the proposed designations, but we are not excluding 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.........................   11/30/23  88 FR 83644
Second NPRM Comment Period End......   02/28/24  .......................
Public Hearing......................   12/22/23  88 FR 88587
Final Action........................   12/00/24  .......................
------------------------------------------------------------------------

    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-BJ52

35. 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 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........................   09/00/24  .......................
------------------------------------------------------------------------

    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

36. 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 will 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

[[Page 66788]]

to review potential national security impacts. Regarding Broadening 
Public Participation and Community Engagement in the Regulatory 
Process, we provided six (3 virtual, 3 in-person) public hearings. We 
had 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

37. 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 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 finalizes designation of 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 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........................   09/00/24  .......................
------------------------------------------------------------------------

    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

38.  Framework Adjustment 66 to the Northeast Multispecies 
Fishery Management Plan [0648-BM71]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: The final action implements management measures included 
in Framework Adjustment 66 to the Northeast Multispecies Fishery 
Management Plan (Framework 66) that were developed by the New England 
Fishery Management Council in response to new scientific information, 
pursuant to the rulemaking authorities under section 303(c) of the 
Magnuson-Stevens Fishery Conservation and Management Act. This action 
sets annual specifications for fishing years (FY) 2024-2026 for three 
Northeast multispecies stocks, FY 2024-2025 for three other 
multispecies stocks; specifies FY 2024-2025 total allowable catches 
(TAC) for the three U.S./Canada stocks; and modify the trigger for 
Atlantic halibut accountability measures.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/22/24  89 FR 20412
NPRM Comment Period End.............   04/08/24  .......................
Final Action........................   07/00/24  .......................
------------------------------------------------------------------------

    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-BM71

39. 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 rule addresses 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 rule, 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 are 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 ended in October 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

[[Page 66789]]

 
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........................   07/00/24  .......................
------------------------------------------------------------------------

    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

40. 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 rule implements separate U.S. 
WCPO purse seine fishing effort limits for the high seas and U.S. EEZ. 
This rule 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 rule 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 rule 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........................   10/00/24  .......................
------------------------------------------------------------------------

    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-BL25

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Long-Term Actions

National Marine Fisheries Service

41. 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 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

42. 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  .......................

[[Page 66790]]

 
NPRM; Withdrawn.....................   11/16/23  88 FR 78714
Next Action Undetermined............
------------------------------------------------------------------------

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

DEPARTMENT OF COMMERCE (DOC)

National Oceanic and Atmospheric Administration (NOAA)

Completed Actions

43. 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
Final Action........................   03/19/24  89 FR 19511
Final Action Effective..............   03/19/24
------------------------------------------------------------------------

    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-BG26

44. 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........................   01/02/24  89 FR 126
Final Action Effective..............   02/01/24
------------------------------------------------------------------------

    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-BL53

45. 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:

[[Page 66791]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/18/23  88 FR 63917
NPRM Comment Period End.............   10/18/23
Final Action........................   02/07/24  89 FR 8333
Final Action Effective..............   03/08/24
------------------------------------------------------------------------

    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-BM31

46. 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........................   11/24/23  88 FR 82740
Final Action Effective..............   01/01/24
------------------------------------------------------------------------

    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-BL42

47. 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
------------------------------------------------------------------------

    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-BM18

48. 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: This action (Amendment 16) incorporates 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, 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

[[Page 66792]]

take action through a Secretarial FMP amendment pursuant to MSA section 
304(c) to meet the court's deadline. NMFS implements 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........................   04/30/24  89 FR 34718
Final Action Effective..............   05/30/24
Correction..........................   05/29/24  89 FR 46333
Correction Effective................   05/30/24
------------------------------------------------------------------------

    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

49. 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 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
Temporary Rule Extension............   01/09/24  89 FR 1036
Temporary Rule Extension End........   04/30/24
------------------------------------------------------------------------

    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

50.  Framework Adjustment 38 to the Atlantic Sea Scallop 
Fishery Management Plan [0648-BM78]

    Legal Authority: 16 U.S.C. 1801 et seq.
    Abstract: At its December 2023 meeting, the New England Fishery 
Management Council voted to submit Framework 38 to NOAA's National 
Marine Fisheries Service (NMFS). Pursuant to section 304(a) of the 
Magnuson-Stevens Fishery Conservation and Management Act, NMFS is 
drafting a proposed rule to approve and implement Framework 38. 
Framework 38 is a time-sensitive action that would set annual 
specifications for the Atlantic sea scallop fleet for the 2024 fishing 
year, including the annual catch limits for the limited access and 
limited access general category fleets, as well as days-at-sea 
allocations and sea scallop access area trip allocations. Framework 38 
would implement specifications that would result in projected landings 
of 27.4 million lb, a 2.4 million-lb increase from the fishing year 
2023 projected landings. However, during the development of Framework 
38 current price information was added to the price projection model 
resulting in a decrease in the projected price for scallops in the 2024 
fishing year. As a result, despite the increase in projected landings, 
it is predicted that there will be a decrease in total economic 
benefits in fishing year 2024. This is due primarily to a decrease in 
the projected price for scallops, specifically of U-10 scallops (larger 
scallops that had previously commanded a higher price) and not a result 
of additional regulations or requirements that would be implemented by 
Framework 38. Because of this, the economic impacts of the Framework 38 
fishery specifications are expected to be negative for scallop vessels 
and small business entities compared to fishing year 2023. The increase 
in projected landings and the reduction in projected price is projected 
to result in a decrease in total economic benefits of $19.62 million 
using 2023. This is a time-sensitive regulatory action that sets annual 
catch limits for the Atlantic Sea Scallop Fishery Management Plan. This 
action is routine and needed to fully open the scallop fishery for the 
2024 fishing year, beginning April 1, 2024. Framework 38 was developed 
by the Council with input from the scallop industry throughout its 
development. The increase in projected landings that Framework 38 would 
implement is expected by and supported by the industry. The 
specifications in this rule would only be in place for one year. If 
this action is delayed, opening the Scallop fishery by April 1, 2024, 
would require NMFS to implement default measures which are less 
preferable to industry and resource managers. The default measures 
would create confusion among the fleet because NMFS would be required 
to implement two different sets of measures that would change mid-
season. The default measures could also have detrimental impacts to the 
conservation of important, but sensitive, scallop resources and could 
exacerbate the impact of the reduction in economic benefits to the 
scallop industry. They could also lead to reductions in future scallop 
harvests.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/12/24  89 FR 9819
NPRM Comment Period End.............   02/27/24
Final Action........................   03/22/24  89 FR 20341
Final Action Effective..............   04/22/24
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.

[[Page 66793]]

    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-BM78

51. 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
Final Action........................   01/03/24  89 FR 278
Final Action Effective..............   02/02/24
------------------------------------------------------------------------

    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-BK54

52.  Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
General Category Restricted-Fishing Days; Atlantic Bluefin Tuna 
Regulatory Clarifications [0648-BM66]

    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. Consistent with the existing regulations at 50 CFR 635.23(a), NOAA 
Fisheries uses restricted-fishing days (RFDs, see definition at 635.2) 
to extend fishing opportunities for bluefin tuna General category 
participants through a greater portion of the category's subquota time-
periods while also ensuring the bluefin tuna quota is harvested. This 
action codifies a schedule of restricted-fishing days (RFDs) for the 
2024 fishing year and future fishing years; and clarifies the existing 
regulations, including on the General category default retention limit 
for bluefin tuna, the process of scheduling RFDs, and bluefin tuna 
dealer tag application on RFDs. In 2021, bluefin tuna landed under the 
General category quota brought in $10.2 million in ex-vessel revenues. 
This action does not change the amount of bluefin tuna that can be 
landed under an RFD schedule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/23/24  89 FR 13667
NPRM Comment Period End.............   03/25/24
Final Action........................   05/31/24  89 FR 47095
Final Action Effective..............   07/01/24
------------------------------------------------------------------------

    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-BM66

53. 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........................   12/01/23  88 FR 83860
Final Action Effective..............   01/02/24
------------------------------------------------------------------------

    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-BM03

54. 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 rule would modify the 
status determination criteria, optimum yield,

[[Page 66794]]

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 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 
final rule 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........................   05/10/24  89 FR 40419
Final Action Effective..............   06/01/24
Correction..........................   05/29/24  89 FR 46333
Correction Effective................   06/01/24
------------------------------------------------------------------------

    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

DEPARTMENT OF COMMERCE (DOC)

Patent and Trademark Office (PTO)

Final Rule Stage

55. Setting and Adjusting Patent Fees During Fiscal Year 2025 [0651-
AD64]

    Legal Authority: Pub. L. 112-29
    Abstract: The United States Patent and Trademark Office (USPTO or 
Office) takes this action to set and adjust Patent fee amounts to 
provide the Office with a sufficient aggregate revenue to recover its 
aggregate cost of operations thereby maintaining a sustainable funding 
model. The new fee amounts will provide the Office with additional 
resources to decrease patent pendency and ensure robust and reliable 
patents are allowed while continuing to promote access to the patent 
system for underresourced individuals. This proposal reflects feedback 
we have received from members of the Patent Public Advisory Committee 
and the public, including organizations, practitioners, and independent 
inventors, during a public hearing held on May 18, 2023. As we develop 
this regulation, we will be seeking additional public comment through 
the rulemaking process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/03/24  89 FR 23226
NPRM Comment Period End.............   06/03/24
Final Action........................   11/00/24
Final Action Effective..............   03/00/25
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brendan Hourigan, Director, Office of Planning and 
Budget, Department of Commerce, Patent and Trademark Office, P.O. Box 
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: [email protected].
    RIN: 0651-AD64

56. Setting and Adjusting Trademark Fees During Fiscal Year 2025 [0651-
AD65]

    Legal Authority: Pub. L. 112-29
    Abstract: The United States Patent and Trademark Office (USPTO or 
Office) takes this action to set and adjust Trademark fee amounts to 
provide the Office with a sufficient aggregate revenue to recover its 
aggregate cost of operations thereby maintaining a sustainable funding 
model. The new fee amounts will provide the Office with additional 
resources to ensure the integrity of the Trademark register and promote 
efficiency of processes while continuing to offer affordable options to 
stakeholders. This proposal reflects feedback we have received from 
members of the Trademark Public Advisory Committee and the public, 
including organizations, practitioners, and small business owners, 
during a public hearing held on June 5, 2023. As we develop this 
regulation, we will be seeking additional public comment through the 
rulemaking process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/26/24  89 FR 20897
NPRM Comment Period End.............   05/28/24
Final Action........................   09/00/24
Final Action Effective..............   01/00/25
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Brendan Hourigan, Director, Office of Planning and 
Budget, Department of Commerce, Patent and Trademark Office, P.O. Box 
1450, Alexandria, VA 22313-1450, Phone: 571 272-8966, Fax: 571 273-
8966, Email: [email protected].
    RIN: 0651-AD65

[FR Doc. 2024-16446 Filed 8-15-24; 8:45 am]
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