Department of Commerce September 2023 – Federal Register Recent Federal Regulation Documents

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS promulgates regulations to govern the incidental taking of marine mammals incidental to Ocean Wind, LLC (Ocean Wind), a subsidiary wholly owned by Orsted Wind Power North America, LLC (Orsted), construction of the Ocean Wind 1 Offshore Wind Energy Project (hereafter known as the ``Project'') in Federal and State waters off of New Jersey, specifically within the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Area OCS-A 0498 (Lease Area) and along two export cable routes to sea-to-shore transition points (collectively referred to as the ``Project Area''), over the course of 5 years (October 13, 2023 through October 12, 2028). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during construction-related activities within the Project Area during the effective dates of the regulations, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.

As required by the Marine Mammal Protection Act (MMPA), the Secretary of Commerce established three independent regional scientific review groups (SRGs) to provide advice on a range of marine mammal science and management issues. NMFS conducted a membership review of the Alaska, Atlantic, and Pacific SRGs, and is soliciting nominations for new members to fill vacancies and gaps in expertise (see below).

The Internet of Things (IoT) Advisory Board will meet Tuesday, October 24 and Wednesday October 25, 2023 from 11 a.m. until 5 p.m., Eastern Time. Both sessions will be open to the public.

The National Institute of Standards and Technology (NIST), an agency of the United States Department of Commerce, in support of efforts to establish the measurement science required for development of the standards and industry for Additive Construction by Extrusion (ACE), is establishing the Additive Construction by Extrusion (ACE) Consortium (``Consortium''). The Consortium will bring together stakeholders to identify and address gaps in current standards related to materials, methods, structural performance, and engineering design. The Consortium efforts are intended to study the measurement science needs for the successful adoption of ACE by the construction industry, and to identify and propose new standards to address industry needs not met by existing standards. Participation fees will be at least $10,000 annually or in-kind contributions of equivalent value. Participants will be required to sign a Cooperative Research and Development Agreement (CRADA). At NIST's discretion, entities which are not permitted to enter into CRADAs pursuant to law or other governmental constraint may be allowed to participate in the Consortium pursuant to a separate non-CRADA agreement.

We, NMFS, have rescheduled a public hearing related to the proposed rule to designate critical habitat for the Rice's whale under the Endangered Species Act (ESA). We are also extending the public comment period for this proposed rule to October 6, 2023.

As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on certain steel nails (steel nails) from the United Arab Emirates (UAE) would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order.

The National Institute of Standards and Technology (NIST) announces that the National Artificial Intelligence Advisory Committee's Law Enforcement Subcommittee (NAIAC-LE or Subcommittee) will hold an open meeting via web conference on September 12, 2023, from 1 p.m. to 2 p.m. Eastern time. The primary purpose of this meeting is for the Subcommittee members to share and discuss updates on goals and deliverables. The final agenda will be posted to the NAIAC website: ai.gov/naiac/.

On December 29, 2022, the Bureau of the Census (Census Bureau) published a Federal Register Notice listing the areas that qualified as urban areas based on the results of the 2020 Census. With this notice, the Census Bureau is correcting the list of urban areas and modifying the population, housing, and land area of a small number of urban areas where a processing error was discovered.

The U.S. Department of Commerce (Commerce) is postponing the deadline for issuing the final determination in the less-than-fair- value (LTFV) investigation of tin mill products from the People's Republic of China (China) until January 4, 2024, and is extending the provisional measures from a four-month period to a six-month period.

The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders with July anniversary dates. In accordance with Commerce's regulations, we are initiating those administrative reviews.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a Renewal incidental harassment authorization (IHA) to the California Department of Fish and Wildlife (CDFW) to incidentally harass marine mammals incidental to the Elkhorn Slough Tidal Marsh Restoration Project, Phase III, in Monterey County, California.

The Gulf of Mexico Fishery Management Council (Council) will hold a two-day in-person meeting of its Standing, Reef Fish, Socioeconomic, and Ecosystem Scientific and Statistical Committees (SSC).

The International Trade Administration (ITA) creates prosperity by strengthening the international competitiveness of U.S. industry, promoting trade and investment, and ensuring fair trade and compliance with trade laws and agreements. The National Institute of Standards and Technology (NIST) promotes U.S. innovation and industrial competitiveness by advancing standards, and technology in ways that enhance economic security and improve our quality of life. The United States Patent and Trademark Office (USPTO) plays an important role in incentivizing and protecting innovation, including innovations contributed to international standards bodies. In May 2023, the White House announced the United States Government National Standards Strategy for Critical and Emerging Technology (``the Strategy''), which, among other things, seeks to strengthen U.S. engagement in standards for critical and emerging technologies. As a means to further the implementation of the Strategy, and pursuant to a Request for Information on Implementation of the United States Government National Standards Strategy for Critical and Emerging Technology published by NIST (Docket No. NIST-2023-0005), ITA, NIST, and the USPTO (``the Agencies'') are initiating a listening session with stakeholders focused on issues at the intersection of standards and intellectual property. The Agencies are seeking stakeholder input on the current state of U.S. firm participation in standard setting, and the ability of U.S. industry to readily adopt standards to grow and compete, especially as that relates to the standardization of critical and emerging technologies.

The South Atlantic Fishery Management Council has submitted amendments to three fishery management plans (FMPs) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, the amendments would revise the FMPs for the Snapper-Grouper Fishery and the Golden Crab Fishery of the South Atlantic Region, and the Dolphin and Wahoo Fishery of the Atlantic, referenced here as the Acceptable Biological Catch (ABC) Control Rule Amendments. The ABC Control Rule Amendments would modify the ABC control rules, allow phase-in of ABC changes, allow for some carry-over of an unharvested portion of the annual catch limit (ACL) to the following fishing year, and modify the FMP framework procedures to implement carry-overs of ACLs when appropriate. The purpose of the ABC Control Rule Amendments is to ensure catch level recommendations are based on the best scientific information available, prevent overfishing while achieving optimum yield, and increase flexibility in setting catch limits.

The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers and exporters of wood mouldings and millwork products (millwork products) from the People's Republic of China (China) during the period of review (POR) from June 12, 2020, through December 31, 2021. Commerce is also rescinding the review with respect to five companies that had no reviewable entries during the POR.

Notice is hereby given that NMFS has received one Incidental Take Permit (ITP) application for the City of Santa Cruz's Anadromous Salmonid Habitat Conservation Plan (ASHCP). The ASHCP has been submitted pursuant to section 10(a)(1)(B) of the Endangered Species Act (ESA) of 1973, as amended. NMFS has also prepared a draft environmental assessment (EA) under the National Environmental Policy Act (NEPA) describing the potential effects of NMFS' proposed issuance of the Permit associated with the submitted ASHCP. NMFS is furnishing this notice in order to allow other agencies, tribes, and the public an opportunity to review and comment on these documents.

The U.S. Department of Commerce (Commerce) preliminarily finds that certain exporters made sales of certain metal lockers and parts thereof (metal lockers) from the People's Republic of China (China) during the period of review (POR), February 11, 2021, through July 31, 2022. Additionally, Commerce is rescinding this review with respect to Hangzhou Zhuoxu Trading Co. Ltd. (Hangzhou Zhuoxu). Interested parties are invited to comment on these preliminary results.

As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order and countervailing duty (CVD) orders on certain cut-to-length carbon-quality steel plate (CTL plate) from India, Indonesia, and the Republic of Korea (Korea) would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.

The U.S. Department of Commerce (Commerce) preliminarily finds that Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU), (collectively, Maquilacero/TEFLU) and Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) sold light-walled rectangular pipe and tube (LWRPT) from Mexico at less than normal value during the period of review (POR), August 1, 2021, through July 31, 2022. We invite interested parties to comment on these preliminary results.

The Renewable Energy and Energy Efficiency Advisory Committee (REEEAC or the Committee) will hold an in-person meeting, accessible to the public in-person and online, on Thursday, September 21, 2023 at the U.S. Department of Commerce in Washington, DC Registration instructions for the public to attend either in-person or online are provided below. The meeting has a limited number of spaces for members of the public to attend in-person. Requests to attend in-person will be considered on a first-come first-served basis.

NMFS announces the re-opening of the commercial sector for blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent data for commercial landings of blueline tilefish indicate the commercial annual catch limit (ACL) for the 2023 fishing year has not yet been reached. Therefore, NMFS re-opens the commercial sector to harvest blueline tilefish in the South Atlantic EEZ for 6 days. The purpose of this temporary rule is to allow for the commercial ACL of blueline tilefish to be harvested while minimizing the risk of exceeding the commercial ACL.

The U.S. Department of Commerce (Commerce) preliminarily finds that Euro SME Sdn Bhd (Euro SME) made sales of polyethylene retail carrier bags (PRCBs) from Malaysia at less than normal value (NV) during the period of review (POR), August 1, 2021, through July 31, 2022. We invite interested parties to comment on these preliminary results.