Department of Commerce 2010 – Federal Register Recent Federal Regulation Documents

The United States Patent and Trademark Office (USPTO) provides a basis (the Patent Application Backlog Reduction Stimulus Plan) under which an applicant may have an application accorded special status for examination if the applicant expressly abandons another copending unexamined application. The Patent Application Backlog Reduction Stimulus Plan allows applicants having multiple applications currently pending before the USPTO to have greater control over the priority with which their applications are examined while also stimulating a reduction of the backlog of unexamined patent applications pending before the USPTO. The USPTO is extending the Patent Application Backlog Reduction Stimulus Plan until December 31, 2011.

On July 14, 2010 the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping order on polyethylene terephthalate film, sheet and strip (PET film) from the Republic of Korea (Korea). See Polyethylene Terephthalate Film, Sheet, and Strip from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 40784 (July 14, 2010) (Preliminary Results). This review covers one manufacturer/exporter of the subject merchandise to the United States, Kolon Industries, Inc. (Kolon). The period of review (POR) is June 1, 2008, through May 31, 2009. Based on our analysis of the comments received, we have made changes in the margin calculation for Kolon. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margin is listed below in the section entitled ``Final Results of Review.''

The Department of Commerce (``Department'') is extending the time limit for the preliminary results of the administrative review of certain steel threaded rod from the People's Republic of China (``PRC''). The review covers the period October 8, 2008, through March 31, 2010.

On November 9, 2010, NMFS announced receipt of a petition to designate the Eastern North Pacific population of gray whales (Eschrichtius robustus) as a depleted stock under the Marine Mammal Protection Act (MMPA) and solicited comments on the petition. NMFS is extending the public comment period on the petition until December 8, 2010.

The South Atlantic Fishery Management Council will hold a meeting of its Spiny Lobster Committee, Personnel Committee (Closed Session), King and Spanish Mackerel Committee, Ecosystem-Based Management Committee, Golden Crab Committee, Southeast Data, Assessment, and Review (SEDAR) Committee (a portion of the meeting will be closed), Joint Executive and Finance Committees, Standard Operating, Policy and Procedures (SOPPs) Committee, Snapper Grouper Committee, and a meeting of the Full Council. The Council will take action as necessary. The Council will also hold an informal public question and answer session, a public comment session regarding agenda items, and public comment on Regulatory Amendment 10. See SUPPLEMENTARY INFORMATION for additional details.

NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific cod total allowable catch (TAC) specified for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI.

The Department of Commerce's Internet Policy Task Force announces that the closing deadline for submission of comments responsive to the September 29, 2010 notice of inquiry on the global free flow of information on the Internet has been reopened and will extend until 5 p.m. Eastern Standard Time (EST) on December 6, 2010.

Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (ITC), the Department is issuing a countervailing duty order on certain coated paper suitable for high-quality print graphics using sheet-fed presses (certain coated paper) from Indonesia.

Based on an affirmative final determination by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing an antidumping duty order on certain coated paper suitable for high-quality print graphics using sheet-fed presses (certain coated paper) from Indonesia.

On May 13, 2010, the Department of Commerce (``Department'') published in the Federal Register the preliminary results of the second administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China (``PRC''). See Certain Activated Carbon From the People's Republic of China: Notice of Preliminary Results of the Second Antidumping Duty Administrative Review, and Preliminary Rescission in Part, 75 FR 26927 (May 13, 2010) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. We continue to find that certain exporters have sold subject merchandise at less than normal value during the period of review (``POR''), April 1, 2008, through March 31, 2009.

NMFS proposes specifications for the 2011 summer flounder, scup, and black sea bass fisheries and provides notice of three projects that may be requesting Exempted Fishing Permits (EFPs) as part of the Mid-Atlantic Fishery Management Council's (Council) Research Set-Aside (RSA) program. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) require NMFS to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. Furthermore, regulations under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., require a notice to be published to provide interested parties the opportunity to comment on applications for EFPs. The intent of this action is to establish 2011 specifications for the summer flounder, scup, and black sea bass fisheries, and to provide notice of EFP requests, in accordance with the FMP and Magnuson-Stevens Act.

The SEDAR 21 assessments of the HMS of sandbar, dusky, and blacknose sharks will consist of a series of workshops and webinars: A Data Workshop, a series of Assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

The Environmental Technologies Trade Advisory Committee (ETTAC) was established under the Federal Advisory Committee Act, as amended, 5 U.S.C. App., and pursuant to Section 2313(c) of the Export Enhancement Act of 1988, as amended, 15 U.S.C. 4728(c). ETTAC was first chartered on May 31, 1994. By statute, the ETTAC advises, through the Secretary of Commerce, the Environmental Trade Working Group (ETWG) of the Trade Promotion Coordinating Committee (TPCC). The Secretary appoints the chair of the ETWG from among the employees of the Department. Although the ETWG is not currently active, the Department continues to function as chair of the ETWG, and the Department, as ETWG chair, utilizes the advice of the ETTAC and shares it with the TPCC or relevant TPCC member agencies as appropriate. ETTAC advises on the development and administration of policies and programs to expand U.S. exports of environmental technologies, goods, and services. The Department of Commerce rechartered the ETTAC on October 25, 2010 and is currently seeking nominations for membership on the ETTAC for the new charter term.

NMFS announces a temporary removal of the 2,000-lb (907.2 kg) trip limit for the Atlantic herring fishery in Management Area 1A (Area 1A). The trip limit removal is because catch data indicate that 95 percent of the total allowable catch (TAC) threshold in Area 1A has not been fully attained. Vessels issued a Federal permit to harvest Atlantic herring may resume fishing for and landing herring, in amounts greater than 2,000 lb (907.2 kg), consistent with their respective Atlantic herring permit categories, effective 0001 hrs, November 15, 2010, through 0001 hrs, November 17, 2010. At 0001 hrs, November 17, 2010, vessels will again be prohibited from fishing for, catching, possessing, transferring, or landing more than 2,000 lb (907.2 kg) of Atlantic herring per trip or calendar day.

The United States Patent and Trademark Office (``USPTO'') issued the seventh edition of the Trademark Manual of Examining Procedure (``TMEP''), and made available archived copies of the fourth, fifth, and sixth editions, on October 15, 2010.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Tuesday, November 30, 2010, from 8:30 a.m. to 5:45 p.m. and Wednesday, December 1, 2010, from 8 a.m. to 3:30 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days at Dupont Hotel, 1500 New Hampshire Ave., NW., Washington, DC 20036, Phone: (202) 483 6000. Please check the SAB Web site https://www.sab.noaa.gov for confirmation of the venue and for directions. Status: The meeting will be open to public participation with a 30- minute public comment period on November 30 at 5:15 p.m. (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments should be received in the SAB Executive Director's Office by November 19, 2010 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after November 19, 2010, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first- served basis. Matters to be Considered: The meeting will include the following topics: (1) NOAA Overview, Background and Introduction to the Climate Service, including Responses to the Reviews and Reports from the SAB Climate Working Group; (2) Strategic Framework for the Climate Service; (3) Report on the Climate Service Study by the National Academy of Public Administration; (4) The Plan for NOAA Reorganization to Form the Climate Service and Strengthen Science; (5) The Future of NOAA Oceanic and Atmospheric Research; (6) NOAA Response to the Ecosystem Science and Management Working Group Recommendations on the Ocean Color Satellite Continuity Mitigation Study; (8) NOAA Response to the Ecosystem Sciences and Management Working Group Recommendations on the NOAA Coastal Strategy Initiative; (9) Report on the Review of the Cooperative Institute for Limnology and Ecosystems Research (CILER); (10) NOAA Cooperative Institutes: New CIs and New Models for CIs; (11) NOAA Education Programs: Results of the National Academy of Sciences Report; (12) NOAA Educational Partnership Program Cooperative Science Centers; (13) Update of the SAB Working Group Subcommittee and (14) Updates from SAB Working Groups.

The Regulatory Flexibility Act (RFA) requires that the National Marine Fisheries Service (NMFS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how NMFS will perform this review and describes the regulations that are being proposed for review during the current review-cycle.

The National Oceanic and Atmospheric Administration, on behalf of the interagency Estuary Habitat Restoration Council, is soliciting comments on the draft revision of the ``Estuary Habitat Restoration Strategy.''

The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention (CWC), through the Chemical Weapons Convention Implementation Act (CWCIA) and the Chemical Weapons Convention Regulations (CWCR), has had on commercial activities involving ``Schedule 1'' chemicals during calendar year 2010. BIS reminds the public that the CWC, CWCIA, or CWCR have potential impacts on commercial activities whenever Schedule 1 chemicals (e.g., nitrogen mustards) are intermediates in the synthesis of other chemicals, not just when the Schedule 1 chemicals are end products. The purpose of this notice of inquiry is to collect information to assist BIS in its preparation of the annual certification to the Congress, which is required under Condition 9 of Senate Resolution 75, April 24, 1997, in which the Senate gave its advice and consent to the ratification of the CWC.