Department of Commerce March 2005 – Federal Register Recent Federal Regulation Documents

On November 8, 2004, the Department of Commerce (the Department) published the preliminary results of its first administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Trinidad and Tobago. The review covers one producer of the subject merchandise. The period of review (POR) is April 10, 2002, through September 30, 2003. Based on our analysis of comments received, these final results differ from the preliminary results. The final results are listed below in the Final Results of Review section.

NMFS proposes recreational measures for the 2005 summer flounder, scup, and black sea bass fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the upcoming fishing year and to provide an opportunity for public comment. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources.

The Department of Commerce issued an Export Trade Certificate of Review (Certificate) to the CONSOL Energy Inc. (Consol) on February 16, 2004. This notice summarizes the conduct for which certification has been granted.

On October 20, 2004, the Department of Commerce published a preliminary determination in the antidumping duty investigation of live swine from Canada. We gave interested parties an opportunity to comment on the preliminary determination. Based upon the results of verification and our analysis of the comments received, we have made certain changes. We continue to find that live swine from Canada were sold in the United States below normal value during the period of investigation. The final weighted-average dumping margins are listed below in the section entitled ``Continuation of Suspension of Liquidation.''

ITA is soliciting U.S. export promotion projects to be conducted by eligible entities for periods of up to three years. Project award periods normally begin between October 1, 2005 and January 1, 2006, but may begin as late as April 1, 2006. MDCP awards help to underwrite the start-up costs of new export ventures that export multipliers are often reluctant to undertake without Federal Government support. MDCP aims to develop, maintain and expand foreign markets for non-agricultural goods and services produced in the United States.

The International Trade Administration of the U.S. Department of Commerce is organizing a business development mission to Afghanistan on April 24-27, 2005. The mission will assist U.S. businesses exploring trade and investment opportunities in Afghanistan. A senior U.S. Department of Commerce official will lead a delegation of approximately 10 to 15 U.S.-based senior executives of small, medium, and large U.S. firms. Companies may represent, but are not limited to, the following priority sectors: construction, telecommunications, agribusiness, energy, and financial services. The mission will include briefings from U.S. Embassy staff and Afghan Government officials, prearranged one-on- one meetings, and a networking reception. The mission will reaffirm the U.S. Government's support towards bilateral relations and seek to expand opportunities for U.S. companies in Afghanistan.

On March 1, 2005, the Department of Commerce (the ``Department'') published a notice in the Federal Register (70 FR 9916) announcing the formation of the Strengthening America's Communities Advisory Committee (the ``Committee'') and soliciting nominations for persons to serve on the Committee. The March 1, 2005 notice provides that all nominations of potential members must be received by the Department no later than 4 p.m. (EST) on March 11, 2005. The March 1, 2005 notice also provides additional information concerning the Committee and membership on the Committee. This notice extends the deadline for submitting nominations of potential members until 4 p.m. (EST) on March 25, 2005, in order to provide the public with more time to consider and submit nominations. Other than extending the deadline for submitting nominations, the evaluation criteria for selecting members and the specific instructions for submitting nominations contained in the March 1, 2005 notice shall continue to apply.

The National Institute of Standards and Technology (NIST) announces that the NIST Center for Neutron Research (NCNR) Financial Assistance Program is soliciting applications for financial assistance for FY 2005. The NCNR Financial Assistance Program will offer financial assistance in the field of Neutron Research and Spectroscopy specifically aimed at developing new instrumentation for Neutron Research, conducting collaborative research with NIST scientists, and assisting visiting researchers at the NCNR.

NMFS proposes specifications for the spiny dogfish fishery for the 2005 fishing year, which is May 1, 2005, through April 30, 2006. The implementing regulations for the Spiny Dogfish Fishery Management Plan (FMP) require NMFS to publish specifications for the upcoming fishing year and to provide an opportunity for public comment. The intent of this rulemaking is to specify the commercial quota and other management measures, such as possession limits, to rebuild the spiny dogfish resource.

This document corrects a February 24, 2005, final rule that implements 2005 and 2006 harvest specifications, reserves, and apportionments thereof, Pacific halibut prohibited species catch (PSC) limits, and associated management measures for the groundfish fishery of the Gulf of Alaska (GOA). Specifically, this document corrects errors in Tables 12 and 13 to the final specifications.

NMFS has determined that the available Angling category Atlantic bluefin tuna (BFT) quota for the 2004 fishing year (June 1, 2004 May 31, 2005) is projected to be reached by March 11, 2005. Therefore, the Angling category BFT fishery will close, coastwide, effective March 11, 2005. This action is being taken to prevent overharvest of the adjusted Angling category quota of 299.6 metric tons (mt).

The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/MPA/Ecosystem Oversight Committee in March, 2005 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

This proposed rule would establish the second and third trimester season quotas for large coastal sharks (LCS), small coastal sharks (SCS), pelagic, blue, and porbeagle sharks based on over- or underharvests from the 2004 second semi-annual season. In addition, this rule proposes the opening and closing dates for the LCS fishery based on adjustments to the trimester quotas. This action could affect all commercial fishermen in the Atlantic commercial shark fishery.

The Bureau of Industry and Security (BIS) publishes this notice to announce that the agency will hold a meeting on March 28, 2005 for organizations interested in exporting ``tools of trade'' items for humanitarian work in Sudan under a License Exception, as provided under the rule BIS published in the Federal Register on February 18, 2005. U.S. Government officials will provide information at this meeting on the use of this License Exception for Sudan. This meeting is open to the public.

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR), including various entries on the Commerce Control List (CCL), to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2004 Plenary in Seoul, South Korea, as well as the plenary decision to allow Bulgaria to become a member of the MTCR. In addition to these changes, this rule adds four entities located in Syria to the Entity List. The Entity List is a compilation of end- users that present an unacceptable risk of using or diverting certain items to activities related to weapons of mass destruction. BIS requires a license for most exports or reexports to these entities and maintains the Entity List to inform the public of these license requirements. Lastly, this rule revises the missile catch-all controls for Restrictions on Certain Rocket Systems, by clarifying that the general prohibition includes a license requirement for items that will be used, anywhere in the world except by governmental programs for nuclear weapons delivery of NPT Nuclear Weapons States that are also members of NATO, in ``the design, development, production or use of'' rocket systems or unmanned air vehicles, regardless of range capabilities, for the delivery of chemical, biological, or nuclear weapons. This is a clarification of revisions published November 8, 2004 (69 FR 64657).

On November 19, 2004, the Department of Commerce (the Department) published in the Federal Register (69 FR 67701) a notice announcing the initiation of an administrative review of the antidumping duty order on helical spring lock washers from the People's Republic of China (PRC), covering the period October 1, 2003, through September 30, 2004, and one manufacturer/exporter of the subject merchandise, Hangzhou Spring Washer Co., Ltd. (also known as Zhejiang Wanxin Group, Ltd.) (collectively, Hangzhou). We are now rescinding this review as a result of Shakeproof Assembly Components Division of Illinois Tool Works, Inc. (Shakeproof)'s withdrawal of its request for an administrative review. No other parties requested a review.

Notice is hereby given that Jeanette Wyneken, Florida Atlantic University, Department of Biological Sciences, 777 Glades Rd., Boca Raton, FL 33431, has applied in due form for a permit to take loggerhead (Caretta caretta) sea turtles for purposes of scientific research.

NMFS issues proposed regulations to implement Amendment 23 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 23) prepared by the Gulf of Mexico Fishery Management Council (Council). These proposed regulations would increase the minimum size limit for vermilion snapper to 11 inches (27.9 cm), total length (TL), for the recreational and commercial sectors; establish a 10-fish recreational bag limit for vermilion snapper within the existing 20-fish aggregate reef fish bag limit; and close the commercial vermilion snapper fishery from April 22 through May 31 each year. In addition, consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), Amendment 23 would establish a stock rebuilding plan, biological reference points, and stock status determination criteria for vermilion snapper in the Gulf of Mexico. The intended effect of these proposed regulations is to end overfishing and rebuild the vermilion snapper resource.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the proposed an/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506 (c)(2)(A)).

The Hydrographic Services Review Panel (HSRP) was established by the Secretary of Commerce to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice. Date and Time: The meeting will be held Thursday, March 31, 2005, from 8:30 a.m. to 5 p.m., and Friday, April 1, 2005, from 8:30 a.m. to 5 p.m. Location: Manchester Grand Hyatt San Diego, One Market Place, San Diego, California 92101; telephone: 619-232-1234. The times and agenda topics are subject to change. Refer to the Web site listed below for the most up-to-date meeting agenda.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Great Bay National Estuarine Research Reserve, New Hampshire; the American Samoa Coastal Management Program; the Rookery Bay National Estuarine Research Reserve, Florida; the Puerto Rico Coastal Management Program; and the California Coastal Commission Coastal Management Program. The Coastal Zone Management Program evaluations will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended, (CZMA) and regulations at 15 CFR part 923, subpart L. The National Estuarine Research Reserve evaluations will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR part 921, subpart E and part 923, subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Zone Management Programs and National Estuarine Research Reserves requires findings concerning the extent to which a State has met the national objectives, adhered to its Coastal Management Program document or Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. The evaluations will include a site visit, consideration of public comments, and consultations with interested Federal, State and local agencies and members of the public. Public meetings will be held as part of the site visits. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meetings during the site visits. The Great Bay National Estuarine Research Reserve, New Hampshire, evaluation site visit will be held April 26-28, 2005. One public meeting will be held during the week. The public meeting will be on Wednesday, April 27, 2005, at 7 p.m., at the New Hampshire Fish and Game Department, Region 3 Office, 225 Main Street, Durham, New Hampshire. The American Samoa Coastal Management Program evaluation site visit will be held June 6-10, 2005. One public meeting will be held during the week. The public meeting will be held on Monday, June 6, 2005, at 4 p.m., at the Convention Center, Utulei, American Samoa. The Rookery Bay National Estuarine Research Reserve, Florida, evaluation site visit will be held June 20-24, 2005. One public meeting will be held during the week. The public meeting will be held on Wednesday, June 22, 2005, at 6 p.m., at the Environmental Learning Center Auditorium, Rookery Bay National Estuarine Research Reserve, 300 Tower Road, Naples, Florida. The Puerto Rico Coastal Management Program evaluation site visit will be held June 20-24, 2005. One public meeting will be held during the week. The public meeting will be held on Wednesday, June 22, 2005, at 7 p.m. at the Puerto Rico Department of Natural and Environmental Resources, Parada 3\1/2\ Puerta de Tierra, San Juan, Puerto Rico. The California Coastal Commission Coastal Management Program evaluation site visit will be held June 20-24, 2005. One public meeting will be held during the week. The public meeting will be held on Tuesday, June 21, 2005, at 7 p.m. at the City of Santa Cruz Police Department, Community Room, 155 Center Street, Santa Cruz, California. Copies of States' most recent performance reports, as well as OCRM's notifications and supplemental request letters to the State, are available upon request from OCRM. Written comments from interested parties regarding these Programs are encouraged and will be accepted until 15 days after the last public meeting held for that Program. Please direct written comments to Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, Silver Spring, Maryland 20910. When the evaluations are completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the availability of the final evaluation findings for the Maryland, Massachusetts, New Jersey, North Carolina, Ohio, and Wisconsin Coastal Management Programs (CMPs); and the Waquoit Bay (Massachusetts) National Estuarine Research Reserve (NERR). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The States of Maryland, Massachusetts, New Jersey, North Carolina, Ohio, and Wisconsin were found to be implementing and enforcing their federally approved coastal management programs, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)-(K), and adhering to the programmatic terms of their financial assistance awards. Waquoit Bay (Massachusetts) NERR was found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, Silver Spring, Maryland 20910, or Ralph.Cantral@noaa.gov, (301) 713-3155, extension 118.