August 6, 2012 – Federal Register Recent Federal Regulation Documents

On July 25, 2012, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``Department'') results of redetermination, which construed the scope of the Order \1\ as including steel nails found within Target Corporation's toolkits from the People's Republic of China (``PRC''), pursuant to the CIT's remand order in Mid Continent Nail Corp. v. United States, Slip Op. 12- 31, Court No. 10-00247 (March 7, 2012) (``Mid Continent II''). See May 14, 2012 ``Final Results of Second Remand Redetermination Pursuant To Remand Order'' (second remand redetermination); Mid Continent Nail Corp. v. United States, Slip Op. 12-97, Court No. 10-00247 (July 25, 2012) (``Mid Continent III''). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final scope ruling and is amending its final scope ruling on certain steel nails from the PRC contained within toolkits. See Final Scope Ruling: Certain Steel Nails from the People's Republic of China, Request by Target Corporation, Memorandum from James C. Doyle, Director Office 9, to Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, dated August10, 2010 (``Final Scope Ruling'').

EPA is proposing to approve the Commonwealth of Virginia's State Implementation Plan (SIP) submitted by the Virginia Department of Environmental Quality (VADEQ) on September 26, 2011. The SIP revision consists of updating the 2009 and 2015 motor vehicle emission budgets (MVEBs) in the Fredericksburg 8-Hour Ozone Maintenance Area (Fredericksburg Area) by replacing the previously approved MVEBs with budgets developed using EPA's Motor Vehicle Emissions Simulator emissions model (MOVES2010a). This action is being taken under the Clean Air Act (CAA).

On April 2, 2012, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty (CVD) order on certain welded carbon steel standard pipe from Turkey for the January 1, 2010, through December 31, 2010, period of review (POR).\1\ The Department preliminarily found that the following producers/exporters of subject merchandise covered by this review had de minimis net subsidy rates for the POR: (1) Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, Borusan); and (2) Tosyali dis Ticaret A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), (collectively, Toscelik).\2\ The Department has now completed the administrative review in accordance with section 751(a) of the Tariff of 1930, as amended (the Act). Based on our analysis of comments received, the Department has not revised the net subsidy rate for Borusan and Toscelik. Further discussion of our analysis of the comments received is provided in the accompanying issues and decision memorandum.\3\ The final net subsidy rate for Borusan and Toscelik is listed below in the ``Final Results of Review'' section.

The Assistant Secretary for Special Education and Rehabilitative Services proposes a funding priority under the Technical Assistance (TA) on State Data Capacity program. The Assistant Secretary may use this proposed priority for competitions in fiscal year (FY) 2012 and later years. We take this action to focus attention on an identified national need to provide TA to improve the capacity of States to meet the data collection requirements of the Individuals with Disabilities Education Act (IDEA).

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued a Letter of Authorization (LOA) to take marine mammals, by harassment, incidental to the U.S. Navy's training exercises within the Navy's Mariana Islands Range Complex (MIRC) in the Pacific Ocean.

The Office of the United States Trade Representative (``USTR'') is providing notice that on July 9, 2012, the United States requested consultations with the Government of the People's Republic of China (``China'') under the Marrakesh Agreement Establishing the World Trade Organization (``WTO Agreement'') concerning China's antidumping and countervailing duty measures on certain automobiles from the United States. That request may be found at www.wto.org, contained in a document designated as WT/DS440/1. USTR invites written comments from the public concerning the issues raised in this dispute.

As discussed below, the U.S. Department of Commerce (``the Department'') preliminarily determines that Dongtai Peak Honey Industry Co., Ltd. (``Peak'') failed to cooperate to the best of its ability and is, therefore, applying adverse facts available (``AFA''). If these preliminary results are adopted in the final results of review, the Deparment will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the period of review (``POR'').

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan. The period of review (POR) is July 1, 2010, through June 30, 2011. This review covers respondents Shinkong Synthetic Fibers Corporation (SSFC) and its subsidiary Shinkong Materials Technology Co. Ltd. (SMTC) (collectively, Shinkong), and Nan Ya Plastics Corporation, Ltd. (Nan Ya), producers and exporters of PET Film from Taiwan. The Department preliminarily determines that Nan Ya made and Shinkong did not make sales of PET Film from Taiwan below normal value (NV). The preliminary results are listed below in the section titled ``Preliminary Results of Review.'' Interested parties are invited to comment on these preliminary results.

NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) of ``other flatfish'' in the Bering Sea and Aleutian Islands management area (BSAI) and Greenland turbot in the Aleutian Island subarea of the BSAI. This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI.

This study provides important implementation and impact information on the kinds of performance evaluation systems currently discussed in federal policy.

The EPA Science Advisory Board (SAB) Staff Office announces a public meeting of the CASAC Ozone Review Panel to conduct a peer review of EPA's Integrated Science Assessment for Ozone and Related Photochemical Oxidants (Third External Review Draft) (June 2012), Health Risk and Exposure Assessment for OzoneFirst External Review Draft (July 2012), Welfare Risk and Exposure Assessment for Ozone First External Review Draft (July 2012 and Policy Assessment for the Review of the Ozone National Ambient Air Quality StandardsFirst External Review Draft (August 2012).

The Commission is establishing a public inquiry to receive comments addressing the Commission's role in advising the Secretary of State on whether certain international mail proposals are consistent with applicable standards and criteria. This notice provides background information, addresses related administrative matters, and invites public comment.

In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request for a new collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost.

FMCSA announces receipt of applications from 12 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce.

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR which is abstracted below describes the nature of the collection and the estimated burden and cost.

FMCSA announces its decision to exempt 17 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

Notice is hereby given that the National Science Foundation (NSF) has received a waste management permit application for Quark Expeditions' cruise ships to conduct a number of activities, including: Shore excursions via zodiac, camping ashore or extended stays, mountaineering, kayaking, cross country skiing, and downhill skiing. The application is submitted by Quark Expeditions of Waterbury, Vermont and submitted to NSF pursuant to regulations issued under the Antarctic Conservation Act of 1978.

The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act at Title 45 Part 670 of the Code of Federal Regulations. This is the required notice of permit applications received.

The Bureau of Reclamation, on behalf of the Department of the Interior, as a natural resource trustee, announces the release of the Injury Assessment Plan for the Upper Columbia River Site. The Injury Assessment Plan describes the activities that constitute the natural resource trustees' (Department of the Interior, State of Washington, Confederated Tribes of the Colville Reservation, and the Spokane Tribe of Indians) currently proposed approach to conducting the assessment of natural resources exposed to hazardous substances, including heavy metals, dioxins, and polychlorinated biphenyls.