81_FR_52981 81 FR 52827 - Information on Current and Future States of Cybersecurity in the Digital Economy

81 FR 52827 - Information on Current and Future States of Cybersecurity in the Digital Economy

DEPARTMENT OF COMMERCE
National Institute of Standards and Technology

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range52827-52829
FR Document2016-18948

The Commission on Enhancing National Cybersecurity requests information about current and future states of cybersecurity in the digital economy. As directed by Executive Order 13718, ``Commission on Enhancing National Cybersecurity'' (the ``Executive Order''), the Commission will make detailed recommendations to strengthen cybersecurity in both the public and private sectors while protecting privacy, ensuring public safety and economic and national security, fostering discovery and development of new technical solutions, and bolstering partnerships between Federal, State and local government and the private sector in the development, promotion, and use of cybersecurity technologies, policies, and best practices. The Secretary of Commerce was tasked by the Exective Order to direct the Director of the National Institute of Standards and Technology (NIST) to provide the Commission with such expertise, services, funds, facilities, staff, equipment, and other support services as may be necessary to carry out its mission. Responses to this RFI--which will be posted at http://www.nist.gov/ cybercommission--will inform the Commission as it develops its detailed recommendations.

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016)
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52827-52829]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18948]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

[Docket Number: 160725650-6650-01]


Information on Current and Future States of Cybersecurity in the 
Digital Economy

AGENCY: National Institute of Standards and Technology, U.S. Department 
of Commerce.

ACTION: Notice; Request for Information (RFI).

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

SUMMARY: The Commission on Enhancing National Cybersecurity requests 
information about current and future states of cybersecurity in the 
digital economy. As directed by Executive Order 13718, ``Commission on 
Enhancing National Cybersecurity'' (the ``Executive Order''), the 
Commission will make detailed recommendations to strengthen 
cybersecurity in both the public and private sectors while protecting 
privacy, ensuring public safety and economic and national security, 
fostering discovery and development of new technical solutions, and 
bolstering partnerships between Federal, State and local government and 
the private sector in the development, promotion, and use of 
cybersecurity technologies, policies, and best practices. The Secretary 
of Commerce was tasked by the Exective Order to direct the Director of 
the National Institute of Standards and Technology (NIST) to provide 
the Commission with such expertise, services, funds, facilities, staff, 
equipment, and other support services as may be necessary to carry out 
its mission.
    Responses to this RFI--which will be posted at http://www.nist.gov/cybercommission--will inform the Commission as it develops its detailed 
recommendations.

DATES: Comments must be received by 5:00 p.m. Eastern time on September 
9, 2016.

ADDRESSES: Written comments may be submitted by mail to Nakia Grayson, 
National Institute of Standards and

[[Page 52828]]

Technology, 100 Bureau Drive, Stop 2000, Gaithersburg, MD 20899. Online 
submissions in electronic form may be sent to [email protected] 
in any of the following formats: HTML; ASCII; Word; RTF; or PDF. Please 
submit comments only and include your name, organization's name (if 
any), and cite ``Input to the Commission on Enhancing National 
Cybersecurity'' in all correspondence. Comments containing references, 
studies, research, and other empirical data that are not widely 
published should include copies of the referenced materials.
    All comments received in response to this RFI will be posted at 
http://www.nist.gov/cybercommission without change or redaction, so 
commenters should not include information they do not wish to be posted 
(e.g., personal or confidential business information).

FOR FURTHER INFORMATION CONTACT: For questions about this RFI contact: 
Kevin Stine, National Institute of Standards and Technology, 100 Bureau 
Drive, Gaithersburg, MD 20899, telephone (301) 975-4483, or 
[email protected]. Please direct media inquiries to NIST's 
Office of Public Affairs at (301) 975-2762.

SUPPLEMENTARY INFORMATION: The digital economy has been a driver of 
innovation and productivity for several decades. The Internet is used 
every day by individuals, businesses, and government to make purchases, 
store sensitive data, and provide critical information services. These 
services and infrastructure have come under attack in recent years in 
the form of identity and intellectual property theft, deliberate and 
unintentional service disruption, and stolen data. Steps must be taken 
to enhance existing efforts to increase the protection and resilience 
of the digital ecosystem, while maintaining a cyber environment that 
encourages efficiency, innovation, and economic prosperity.
    In order to enhance cybersecurity awareness and protections at all 
levels of Government, business, and society, to protect privacy, to 
ensure public safety and economic and national security, and to empower 
Americans to take better control of their digital security, the 
President issued Executive Order 13718,\1\ Commission on Enhancing 
National Cybersecurity, in February 2016.
---------------------------------------------------------------------------

    \1\ Exec. Order No. 13718, Commission on Enhancing National 
Cybersecurity, 81 FR 7441 (February 9, 2016).
---------------------------------------------------------------------------

    The Commission will make detailed recommendations to strengthen 
cybersecurity in both the public and private sectors, while protecting 
privacy, ensuring public safety and economic and national security, 
fostering discovery and development of new technical solutions, and 
bolstering partnerships between Federal, State, and local government 
and the private sector in the development, promotion, and use of 
cybersecurity technologies, policies, and best practices. According to 
the Executive Order, the Commission's recommendations should address 
actions that can be taken over the next decade to accomplish these 
goals.
    The Secretary of Commerce was tasked by the Executive Order to 
direct the Director of NIST to provide the Commission with such 
expertise, services, funds, facilities, staff, equipment, and other 
support services as may be necessary to carry out its mission.
    To accomplish its mission, the Commission shall, among other 
approaches, reference and, as appropriate, build on successful existing 
cybersecurity policies, public-private partnerships, and other 
initiatives; consult with cybersecurity, national security and law 
enforcement, privacy, management, technology, and digital economy 
experts in the public and private sectors; and seek input from those 
who have experienced significant cybersecurity incidents to understand 
lessons learned from these experiences, including identifying any 
barriers to awareness, risk management, and investment. The Commission 
seeks broad input from individuals and organizations of all sizes and 
their representatives from sector and professional associations. The 
Commission also invites submissions from Federal agencies, state, 
local, territorial and tribal governments, standard-setting 
organizations, other members of industry, consumers, solution 
providers, and other stakeholders.

Request for Information

    The following questions cover the major areas about which the 
Commission seeks comment. They are not intended to limit the topics 
that may be addressed. Responses may include information related to or 
recommendations for other areas the Commission should consider.
    Comments containing references, studies, research, and other 
empirical data that are not widely published should include copies of 
the referenced materials. Do not include in comments or otherwise 
submit proprietary or confidential information, as all comments 
received in response to this RFI will be made available publically at 
http://www.nist.gov/cybercommission. The Commission requests that each 
comment contain an Executive Summary, that is no more than one page in 
length, which identifies the topic addressed, the challenges, and the 
proposed solution, recommendation, and/or finding.
    Based on the Executive Order and the Commission's initial 
deliberations, the Commission is seeking information on the following 
topics:

 Critical Infrastructure Cybersecurity
 Cybersecurity Insurance
 Cybersecurity Research and Development
 Cybersecurity Workforce
 Federal Governance
 Identity and Access Management
 International Markets
 Internet of Things
 Public Awareness and Education
 State and Local Government Cybersecurity
    For each topic area, the Commission solicits information on current 
and future challenges, promising and innovative approaches to address 
those challenges, recommendations, and references to inform the work of 
the Commission. The Commission is specifically seeking input on the 
topic areas below:

Topic Area Challenges and Approaches

    1. Current and future trends and challenges in the selected topic 
area;
    2. Progress being made to address the challenges;
    3. The most promising approaches to addressing the challenges;
    4. What can or should be done now or within the next 1-2 years to 
better address the challenges;
    5. What should be done over the next decade to better address the 
challenges; and
    6. Future challenges that may arise and recommended actions that 
individuals, organizations, and governments can take to best position 
themselves today to meet those challenges.
    The Commission also seeks input on the following:
    1. Emerging technology trends and innovations; the effect these 
technology trends and innovations will have on the digital economy; and 
the effect these technology trends and innovations will have on 
cybersecurity.
    2. Economic and other incentives for enhancing cybersecurity.
    3. Government-private sector coordination and cooperation on 
cybersecurity.
    4. The role(s) of the government in enhancing cybersecurity for the 
private sector.

[[Page 52829]]

    5. Performance measures for national-level cybersecurity policies; 
and related near-term and long-term goals.
    6. Complexity of cybersecurity terminology and potential approaches 
to resolve, including common lexicons.

Kevin Kimball,
NIST Chief of Staff.
[FR Doc. 2016-18948 Filed 8-9-16; 8:45 am]
 BILLING CODE 3510-13-P



                                                                                    Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices                                                                           52827

                                                     On July 6, 2016, the Court affirmed                               Timken Notice                                                         Remand constitutes a final decision of
                                                  the AR2 Final Remand, finding that the                                                                                                     that court that is not in harmony with
                                                  Department had properly reconsidered                                    Consistent with its decision in                                    the AR2 Amended Final Results. This
                                                  the AR2 Amended Final Results and                                    Timken,14 as clarified by Diamond                                     notice is published in fulfillment of the
                                                  applied total AFA in light of the nature                             Sawblades 15 the Federal Circuit held                                 publication requirements of Timken.
                                                  of Koehler’s conduct.11 In addition,                                 that, pursuant to section 516A(e) of the                              Accordingly, the Department will
                                                  although the Court found that the rate                               Tariff Act of 1930, as amended (the Act),                             continue the suspension of liquidation
                                                  of 75.36 percent was not properly                                    the Department must publish a notice of
                                                                                                                                                                                             of the subject merchandise pending the
                                                  corroborated by the highest transaction-                             a court decision that is not ‘‘in
                                                                                                                                                                                             expiration of the period of appeal, or if
                                                  specific margin on the record of the                                 harmony’’ with a Department
                                                                                                                                                                                             appealed, pending a final and
                                                  second review, it found that, under the                              determination and must suspend
                                                                                                                                                                                             conclusive court decision.
                                                  circumstances, the Department was                                    liquidation of entries pending a
                                                  within its discretion in relying on the                              ‘‘conclusive’’ court decision. On July 6,                             Second Amended Final Results
                                                  75.36 percent rate, the highest rate in                              2016, the CIT sustained the
                                                  any previous segment of the                                          Department’s final results of                                           Because there is now a final court
                                                  proceeding.12 Thus, the Court affirmed                               redetermination pursuant to remand in                                 decision, we are amending the AR2
                                                  the AFA rate of 75.36 percent as applied                             Koehler.16 The CIT’s judgment in                                      Amended Final Results with respect to
                                                  to Koehler.13                                                        Koehler sustaining the AR2 Final                                      the rate assigned to Koehler as follows:

                                                                                                                                                                                                                                       Second
                                                                                                                                                                                                                 AR2 amended          amended
                                                                                                                                                                                                                  final results
                                                                                                                         Company                                                                                                    final results
                                                                                                                                                                                                                    dumping           dumping
                                                                                                                                                                                                                     margin            margin

                                                  Papierfabrik August Koehler AG .............................................................................................................................   4.33 percent ...           75.36



                                                     In the event the CIT’s July 6, 2016,                                Dated: August 3, 2016.                                              recommendations to strengthen
                                                  decision in Koehler is not appealed, or                              Ronald K. Lorentzen,                                                  cybersecurity in both the public and
                                                  is upheld by a final and conclusive                                  Acting Assistant Secretary for Enforcement                            private sectors while protecting privacy,
                                                  court decision, the Department will                                  and Compliance.                                                       ensuring public safety and economic
                                                  instruct U.S. Customs and Border                                     [FR Doc. 2016–19008 Filed 8–9–16; 8:45 am]                            and national security, fostering
                                                  Protection to assess antidumping duties                              BILLING CODE 3510–DS–P                                                discovery and development of new
                                                  on unliquidated entries of subject                                                                                                         technical solutions, and bolstering
                                                  merchandise based on the revised rate                                                                                                      partnerships between Federal, State and
                                                  listed above.                                                        DEPARTMENT OF COMMERCE                                                local government and the private sector
                                                                                                                                                                                             in the development, promotion, and use
                                                  Cash Deposit Requirements                                            National Institute of Standards and                                   of cybersecurity technologies, policies,
                                                                                                                       Technology                                                            and best practices. The Secretary of
                                                     As a result of the determination by the                                                                                                 Commerce was tasked by the Exective
                                                  International Trade Commission that                                  [Docket Number: 160725650–6650–01]
                                                                                                                                                                                             Order to direct the Director of the
                                                  revocation of the Order would not be                                                                                                       National Institute of Standards and
                                                                                                                       Information on Current and Future
                                                  likely to lead to continuation or                                                                                                          Technology (NIST) to provide the
                                                                                                                       States of Cybersecurity in the Digital
                                                  recurrence of material injury to an                                                                                                        Commission with such expertise,
                                                                                                                       Economy
                                                  industry in the United States, pursuant                                                                                                    services, funds, facilities, staff,
                                                  to section 751(d)(2) of the Act, the                                 AGENCY: National Institute of Standards                               equipment, and other support services
                                                  Department revoked the Order, effective                              and Technology, U.S. Department of                                    as may be necessary to carry out its
                                                  November 24, 2013, and stopped                                       Commerce.                                                             mission.
                                                  collecting cash deposits under the                                   ACTION: Notice; Request for Information                                 Responses to this RFI—which will be
                                                  Order.17 Therefore, the cash deposit                                 (RFI).                                                                posted at http://www.nist.gov/
                                                  requirement for Koehler will not be                                                                                                        cybercommission—will inform the
                                                  changed as a result of these amended                                 SUMMARY:   The Commission on                                          Commission as it develops its detailed
                                                  final results.                                                       Enhancing National Cybersecurity                                      recommendations.
                                                                                                                       requests information about current and
                                                  Notification to Interested Parties                                   future states of cybersecurity in the                                 DATES: Comments must be received by
                                                                                                                       digital economy. As directed by                                       5:00 p.m. Eastern time on September 9,
                                                    This notice is issued and published in                             Executive Order 13718, ‘‘Commission                                   2016.
                                                  accordance with sections 516A(e)(1),                                 on Enhancing National Cybersecurity’’                                 ADDRESSES: Written comments may be
                                                  751(a)(1), and 777(i)(1) of the Act.                                 (the ‘‘Executive Order’’), the                                        submitted by mail to Nakia Grayson,
                                                                                                                       Commission will make detailed                                         National Institute of Standards and
mstockstill on DSK3G9T082PROD with NOTICES




                                                    11 See Papierfabrik August Koehler AG v. United                    Commerce from fulfilling its statutory                                  16 SeeKoehler at 13–24, and 34.
                                                  States, Consol. Court No. 12–00091, Slip Op. 16–                     responsibility.’’).                                                     17 SeeLightweight Thermal Paper From the
                                                  67 (July 6, 2016) (Koehler) at 13–24.                                  13 Id., at 34.                                                      People’s Republic of China and Germany:
                                                    12 Id., at 33 (‘‘The court declines to construe the
                                                                                                                         14 See Timken Co. v. United States, 893 F.2d 337                    Continuation of the Antidumping and
                                                  corroboration requirement so as to eliminate the
                                                                                                                       (Fed. Cir. 1990) (Timken).                                            Countervailing Duty Orders on the People’s
                                                  discretion Commerce must possess to confront the
                                                  serious misconduct it encountered in this case, in                     15 See Diamond Sawblades Mfrs. Coalition v.                         Republic of China, Revocation of the Antidumping
                                                  which Koehler undermined the integrity of the                        United States, 626 F.3d 1374 (Fed. Cir. 2010)                         Duty Order on Germany, 80 FR 5083, 5084 (January
                                                  proceeding Commerce conducted and prevented                          (Diamond Sawblades).                                                  30, 2015).



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                                                  52828                      Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices

                                                  Technology, 100 Bureau Drive, Stop                      economic and national security,                       The Commission requests that each
                                                  2000, Gaithersburg, MD 20899. Online                    fostering discovery and development of                comment contain an Executive
                                                  submissions in electronic form may be                   new technical solutions, and bolstering               Summary, that is no more than one page
                                                  sent to cybercommission@nist.gov in                     partnerships between Federal, State,                  in length, which identifies the topic
                                                  any of the following formats: HTML;                     and local government and the private                  addressed, the challenges, and the
                                                  ASCII; Word; RTF; or PDF. Please                        sector in the development, promotion,                 proposed solution, recommendation,
                                                  submit comments only and include your                   and use of cybersecurity technologies,                and/or finding.
                                                  name, organization’s name (if any), and                 policies, and best practices. According                 Based on the Executive Order and the
                                                  cite ‘‘Input to the Commission on                       to the Executive Order, the                           Commission’s initial deliberations, the
                                                  Enhancing National Cybersecurity’’ in                   Commission’s recommendations should                   Commission is seeking information on
                                                  all correspondence. Comments                            address actions that can be taken over                the following topics:
                                                  containing references, studies, research,               the next decade to accomplish these                   • Critical Infrastructure Cybersecurity
                                                  and other empirical data that are not                   goals.                                                • Cybersecurity Insurance
                                                  widely published should include copies                    The Secretary of Commerce was                       • Cybersecurity Research and
                                                  of the referenced materials.                            tasked by the Executive Order to direct                 Development
                                                     All comments received in response to                 the Director of NIST to provide the
                                                                                                                                                                • Cybersecurity Workforce
                                                  this RFI will be posted at http://                      Commission with such expertise,
                                                                                                                                                                • Federal Governance
                                                  www.nist.gov/cybercommission without                    services, funds, facilities, staff,
                                                                                                                                                                • Identity and Access Management
                                                  change or redaction, so commenters                      equipment, and other support services
                                                                                                                                                                • International Markets
                                                  should not include information they do                  as may be necessary to carry out its
                                                  not wish to be posted (e.g., personal or                mission.                                              • Internet of Things
                                                  confidential business information).                       To accomplish its mission, the                      • Public Awareness and Education
                                                                                                          Commission shall, among other                         • State and Local Government
                                                  FOR FURTHER INFORMATION CONTACT: For
                                                                                                          approaches, reference and, as                           Cybersecurity
                                                  questions about this RFI contact: Kevin
                                                                                                          appropriate, build on successful existing               For each topic area, the Commission
                                                  Stine, National Institute of Standards
                                                                                                          cybersecurity policies, public-private                solicits information on current and
                                                  and Technology, 100 Bureau Drive,
                                                                                                          partnerships, and other initiatives;                  future challenges, promising and
                                                  Gaithersburg, MD 20899, telephone
                                                                                                          consult with cybersecurity, national                  innovative approaches to address those
                                                  (301) 975–4483, or
                                                                                                          security and law enforcement, privacy,                challenges, recommendations, and
                                                  cybercommission@nist.gov. Please direct
                                                                                                          management, technology, and digital                   references to inform the work of the
                                                  media inquiries to NIST’s Office of
                                                                                                          economy experts in the public and                     Commission. The Commission is
                                                  Public Affairs at (301) 975–2762.
                                                                                                          private sectors; and seek input from                  specifically seeking input on the topic
                                                  SUPPLEMENTARY INFORMATION: The
                                                                                                          those who have experienced significant                areas below:
                                                  digital economy has been a driver of
                                                  innovation and productivity for several                 cybersecurity incidents to understand                 Topic Area Challenges and Approaches
                                                  decades. The Internet is used every day                 lessons learned from these experiences,
                                                                                                          including identifying any barriers to                    1. Current and future trends and
                                                  by individuals, businesses, and                                                                               challenges in the selected topic area;
                                                  government to make purchases, store                     awareness, risk management, and
                                                                                                          investment. The Commission seeks                         2. Progress being made to address the
                                                  sensitive data, and provide critical                                                                          challenges;
                                                  information services. These services and                broad input from individuals and
                                                                                                          organizations of all sizes and their                     3. The most promising approaches to
                                                  infrastructure have come under attack in                                                                      addressing the challenges;
                                                  recent years in the form of identity and                representatives from sector and
                                                                                                          professional associations. The                           4. What can or should be done now
                                                  intellectual property theft, deliberate                                                                       or within the next 1–2 years to better
                                                  and unintentional service disruption,                   Commission also invites submissions
                                                                                                          from Federal agencies, state, local,                  address the challenges;
                                                  and stolen data. Steps must be taken to                                                                          5. What should be done over the next
                                                  enhance existing efforts to increase the                territorial and tribal governments,
                                                                                                          standard-setting organizations, other                 decade to better address the challenges;
                                                  protection and resilience of the digital                                                                      and
                                                  ecosystem, while maintaining a cyber                    members of industry, consumers,
                                                                                                          solution providers, and other                            6. Future challenges that may arise
                                                  environment that encourages efficiency,                                                                       and recommended actions that
                                                  innovation, and economic prosperity.                    stakeholders.
                                                                                                                                                                individuals, organizations, and
                                                     In order to enhance cybersecurity                    Request for Information                               governments can take to best position
                                                  awareness and protections at all levels
                                                                                                            The following questions cover the                   themselves today to meet those
                                                  of Government, business, and society, to
                                                                                                          major areas about which the                           challenges.
                                                  protect privacy, to ensure public safety
                                                                                                          Commission seeks comment. They are                       The Commission also seeks input on
                                                  and economic and national security,
                                                                                                          not intended to limit the topics that may             the following:
                                                  and to empower Americans to take
                                                                                                          be addressed. Responses may include                      1. Emerging technology trends and
                                                  better control of their digital security,
                                                                                                          information related to or                             innovations; the effect these technology
                                                  the President issued Executive Order
                                                                                                          recommendations for other areas the                   trends and innovations will have on the
                                                  13718,1 Commission on Enhancing
                                                                                                          Commission should consider.                           digital economy; and the effect these
                                                  National Cybersecurity, in February
                                                                                                            Comments containing references,                     technology trends and innovations will
                                                  2016.
                                                                                                          studies, research, and other empirical                have on cybersecurity.
                                                     The Commission will make detailed
                                                                                                          data that are not widely published                       2. Economic and other incentives for
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                                                  recommendations to strengthen
                                                                                                          should include copies of the referenced               enhancing cybersecurity.
                                                  cybersecurity in both the public and
                                                                                                          materials. Do not include in comments                    3. Government-private sector
                                                  private sectors, while protecting
                                                                                                          or otherwise submit proprietary or                    coordination and cooperation on
                                                  privacy, ensuring public safety and
                                                                                                          confidential information, as all                      cybersecurity.
                                                    1 Exec. Order No. 13718, Commission on                comments received in response to this                    4. The role(s) of the government in
                                                  Enhancing National Cybersecurity, 81 FR 7441            RFI will be made available publically at              enhancing cybersecurity for the private
                                                  (February 9, 2016).                                     http://www.nist.gov/cybercommission.                  sector.


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                                                                             Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Notices                                           52829

                                                    5. Performance measures for national-                 SUPPLEMENTARY INFORMATION:      The EFP is            standard spiny lobster traps with
                                                  level cybersecurity policies; and related               requested under the authority of the                  dimensions of 35.0 inches (88.9 cm)
                                                  near-term and long-term goals.                          Magnuson-Stevens Fishery                              long, 23.6 inches (59.9 cm) wide, and
                                                    6. Complexity of cybersecurity                        Conservation and Management Act (16                   23.6 inches (59.9 cm) high. The spiny
                                                  terminology and potential approaches to                 U.S.C 1801 et seq.), and regulations at               lobster traps being deployed would be a
                                                  resolve, including common lexicons.                     50 CFR 600.745(b) concerning exempted                 mix of single traps and trawls (traps
                                                                                                          fishing.                                              tethered together). Each trawl would
                                                  Kevin Kimball,
                                                                                                             The EFP request involves activities                have approximately 15–25 traps
                                                  NIST Chief of Staff.                                    covered by regulations implementing                   connected together with approximately
                                                  [FR Doc. 2016–18948 Filed 8–9–16; 8:45 am]              the Fishery Management Plans (FMP)                    50–75 yd (46–69 m) of rope between
                                                  BILLING CODE 3510–13–P                                  for federally managed fisheries of the                each trap with buoys on each end. Each
                                                                                                          South Atlantic Region. The proposed                   trap or trawl would also have a vertical
                                                                                                          collection for scientific research                    line and a buoy attached, along with the
                                                  DEPARTMENT OF COMMERCE                                  involves activities that would otherwise              vessel identification and permit number
                                                                                                          be prohibited by regulations at 50 CFR                etched into the buoy. Single traps would
                                                  National Oceanic and Atmospheric                        part 622, as they pertain to South                    be set in sand in shallow waters less
                                                  Administration                                          Atlantic snapper-grouper managed by                   than 75 ft (23 m), and trawls would be
                                                  RIN 0648–XE759                                          the South Atlantic Fishery Management                 set in sand in deeper waters between
                                                                                                          Council (Council). The EFP would                      100–300 ft (30–91 m). The exact depth
                                                  Fisheries of the Caribbean, Gulf of                     exempt this research activity from                    and location of the traps or trawls
                                                  Mexico, and South Atlantic; Snapper-                    Federal regulations at § 622.170(a)(1)                would be recorded after each
                                                  Grouper Fishery of the South Atlantic;                  (Permits and endorsements) and other                  deployment. Traps would be baited
                                                  Exempted Fishing Permit                                 requirements applicable to snapper-                   with raw cowhide and dead fish, and
                                                                                                          grouper permit holders; § 622.183(b)(8)               would be re-baited and checked
                                                  AGENCY:  National Marine Fisheries
                                                                                                          (Seasonal closures); § 622.187(b)(2)(ii)              approximately every 2 weeks,
                                                  Service (NMFS), National Oceanic and
                                                                                                          (Bag and possession limits); and                      depending on weather.
                                                  Atmospheric Administration (NOAA),
                                                                                                          § 622.188(a), (b), and (c) (Required gear,               The trap soak time would be
                                                  Commerce.
                                                                                                          authorized gear, and unauthorized gear);              approximately 2 weeks. All traps would
                                                  ACTION: Notice of receipt of an                         § 622.193(b)(2) (Annual catch limits,                 be retrieved during daylight hours. On
                                                  application for an exempted fishing                     annual catch targets, and accountability              retrieval, traps would be hauled slowly
                                                  permit; request for comments.                           measures). The purpose of this study is               to the surface to minimize the risk of
                                                  SUMMARY:    NMFS announces the receipt                  to estimate and validate age and growth               barotrauma. Each trap would then be
                                                  of an application for an exempted                       rates of juvenile snowy grouper to better             checked for the presence of snowy
                                                  fishing permit (EFP) from Dr. David Die                 understand its early life history.                    grouper. If there are snowy grouper
                                                  and Chiara Pacini at the University of                     The applicant requests authorization               present, the trap number, location,
                                                  Miami, Rosenstiel School of Marine and                  to collect juvenile snowy grouper                     depth, length, and date would be
                                                                                                          incidentally caught using standard                    documented. Snowy grouper that are
                                                  Atmospheric Science. If granted, the
                                                                                                          commercial spiny lobster traps in                     longer than 209 mm total length would
                                                  EFP would authorize the collection of a
                                                                                                          Federal waters off the Florida Keys in                be released because this study would
                                                  maximum of 400 juvenile snowy
                                                                                                          the South Atlantic, bounded by Bahia                  focus on juvenile snowy grouper. Any
                                                  grouper incidentally caught in
                                                                                                          Honda to the south and Upper                          other fish collected in the spiny lobster
                                                  commercial spiny lobster traps in
                                                                                                          Matecumbe Key to the north.                           traps would be returned to the water.
                                                  Federal waters off the Florida Keys in                     As described in the application,                   Before release, fish showing evidence of
                                                  the South Atlantic during the 2016–                     snowy grouper sampling would occur                    barotrauma, including snowy grouper
                                                  2017 and 2017–2018 commercial lobster                   during approximately 15 spiny lobster                 longer than 209 mm total length and any
                                                  fishing seasons. The purpose of the EFP                 trips completed during the 2016–2017                  other finfish bycatch, would be vented
                                                  would be to estimate and validate age                   and 2017–2018 commercial spiny                        before release. Release cages (or
                                                  and growth rates for juvenile snowy                     lobster fishing seasons. These seasons                descending devices) would be utilized
                                                  grouper in the South Atlantic.                          are from August 6, 2016, through March                to aid in fish descent. Lawfully
                                                  DATES: Comments must be received no                     31, 2017, and August 6, 2017, through                 harvested spiny lobster would be
                                                  later than September 9, 2016.                           March 31, 2018. Approximately 200                     retained by the permitted vessel.
                                                  ADDRESSES: You may submit comments                      spiny lobster traps would be deployed                    A maximum of 20 of the 200 snowy
                                                  on the application by either of the                     or retrieved during each commercial                   grouper collected each year of the
                                                  following methods:                                      spiny lobster trip. A maximum of 200                  project would be kept alive in an
                                                     • Email: mary.vara@noaa.gov.                         incidentally caught snowy grouper                     aerated tank and taken to the University
                                                  Include in the subject line of the email                would be collected each year of the 2-                of Miami for further study (for a
                                                  comment the following document                          season project duration, for a maximum                maximum of 30 days) to validate daily
                                                  identifier: ‘‘University of Miami Snowy                 quantity of 400 snowy grouper. The                    growth rings on otoliths (fish ear bones).
                                                  Grouper EFP’’.                                          project would end when either 400                     The remaining snowy grouper will not
                                                     • Mail: Mary Vara, Southeast                         snowy grouper are collected over the 2                be kept alive on the boat, but will be
                                                  Regional Office, NMFS, 263 13th                         spiny lobster seasons or by March 31,                 taken to the lab where their otoliths
                                                  Avenue South, St. Petersburg, FL 33701.                 2018, whichever occurs first.                         would be removed to estimate age and
mstockstill on DSK3G9T082PROD with NOTICES




                                                     The application and related                             Gear used for collecting the snowy                 growth rates. Gut contents from all
                                                  documents are available for review                      grouper would be legal commercial                     snowy grouper that are not kept alive for
                                                  upon written request to any of the above                spiny lobster traps constructed of wire               further study would be removed for
                                                  addresses.                                              with wooden tops that are anchored                    future analysis. In addition, any bycatch
                                                  FOR FURTHER INFORMATION CONTACT:                        down with concrete slabs to prevent                   from the spiny lobster traps would be
                                                  Mary Vara, 727–824–5305; email                          them from moving during storm winds                   documented before being returned to
                                                  mary.vara@noaa.gov.                                     and heavy currents. The traps are                     the water. In this study, bycatch would


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Document Created: 2016-08-10 01:59:24
Document Modified: 2016-08-10 01:59:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; Request for Information (RFI).
DatesComments must be received by 5:00 p.m. Eastern time on September 9, 2016.
ContactFor questions about this RFI contact: Kevin Stine, National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg, MD 20899, telephone (301) 975-4483, or [email protected] Please direct media inquiries to NIST's Office of Public Affairs at (301) 975-2762.
FR Citation81 FR 52827 

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