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

NMFS proposes to adjust the regulations governing the trade of tuna and tuna-like species in the North and South Atlantic Ocean to implement recommendations adopted at the 2004 meeting of the International Commission for the Conservation of Atlantic Tunas (ICCAT). The proposed rule would lift the trade restrictions on importing bigeye tuna (BET) from Cambodia; the ban on importing BET and bluefin tuna (BFT) from Equatorial Guinea; and the ban on importing BET, BFT, and swordfish (SWO) from Sierra Leone. Additionally, the proposed rule would also correct section reference conflicts between two rules that were published in the Federal Register on November 17, 2004, and December 6, 2004.

NOAA publishes this notice to announce the availability of a Proposed NOAA Policy and Process for Creating and Managing Cooperative Institutes for public comment.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty day public comment period on the Delaware National Estuarine Research Reserve Management Plan Revision which will begin on the day this announcement is published. Comments should be sent within the comment period in hard copy or e- mail to Cory Riley at Cory.Riley@noaa.gov or NOAA's Estuarine Reserves Division, 1305 East-West Highway, N/ORM5, 10th floor, Silver Spring, MD 20910. The Delaware National Estuarine Research Reserve was designated in 1993 pursuant to section 315 of the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1461. The reserve has been operating under a management plan approved in 1993. Pursuant to 15 CFR 921.33(c), a state must revise its management plan every five years. The submission of this plan fulfills this requirement and sets a course for successful implementation of the goals and objectives of the reserve. Changes in the administrative structure of the reserve, a boundary expansion, new facility and land acquisition plans, and updated programmatic objectives are notable revisions to the 1993 approved management plan. When the Delaware National Estuarine Research Reserve was designated, it was managed jointly by three divisions within the Delaware Department of Natural Resources and Environmental Control. Since that time, the Division of Soil and Water has become the sole state agency administering reserve activities. The revised management plan outlines the administrative structure; the education, stewardship, and research goals of the reserve; and the plans for future land acquisition and facility development to support reserve operations. One hundred and forty seven (147) acres adjacent to the Blackbird Creek component site are incorporated through the boundary amendment in the management plan revision. The previous reserve boundary around Blackbird Creek did not include an access point to the estuarine habitat. The expansion adds land that was acquired in fee simple from willing sellers. The new boundary and will provide direct access to the Blackbird Creek for reserve related research and education programs. These parcels also provide excellent passive recreation and educational opportunities in an area that was previously not accessible to the public. Forested uplands, wetlands and marsh habitat will be protected through this expansion to ensure the Blackbird Creek component is an appropriate site for long term research and education.

The Department of Commerce (the Department) is conducting administrative reviews of the countervailing duty (CVD) orders on low enriched uranium from Germany, the Netherlands, and the United Kingdom for the period January 1, 2003, through December 31, 2003. For information on the net subsidy for the reviewed companies, please see the ``Preliminary Results of Reviews'' section of this notice. Interested parties are invited to comment on these preliminary results. (See the ``Public Comment'' section of this notice).

In response to requests from interested parties, the Department of Commerce is conducting an administrative review of the antidumping duty order on stainless steel bar from India with respect to Chandan Steel Ltd. This review covers sales of stainless steel bar from India to the United States during the period February 1, 2003, through January 31, 2004. We have preliminarily found that sales have been made below normal value by Chandan Steel Ltd. We invite interested parties to comment on these preliminary results. We are also rescinding this administrative review with respect to Ferro Alloys Corp., Ltd.; Isibars Ltd.; Mukand, Ltd.; Venus Wire Industries Ltd; and the Viraj Group, Ltd. (Viraj Alloys, Ltd.; Viraj Forgings, Ltd.; and Viraj Impoexpo, Ltd.).

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on Low Enriched Uranium (LEU) from France in response to requests by USEC Inc. and the United States Enrichment Corporation (collectively, petitioners) and by Eurodif, S.A.(Eurodif), Compagnie G[eacute]n[eacute]rale Des Mati[egrave]res Nucl[eacute]aires (COGEMA) and COGEMA, Inc. (collectively, Eurodif/COGEMA or the respondent). This review covers sales of subject merchandise to the United States during the period of February 1, 2003, through January 31, 2004. We have preliminarily determined that U.S. sales have been made below normal value (NV). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties based on the difference between the constructed export price (CEP) and the NV. Interested parties are invited to comment on these preliminary results. See the Preliminary Results of Review section of this notice.

In response to a request from the National Candle Association (``NCA'' or ``Petitioners''), the Department of Commerce (``the Department'') is initiating an anticircumvention inquiry pursuant to section 781(c) of the Tariff Act of 1930, as amended, (``the Act'') to determine whether mixed wax candles composed of petroleum wax and varying amounts of either palm or vegetable-based waxes have been subject to a minor alteration such that the addition of the non- petroleum content to these candles results in products that are ``altered in form or appearance in minor respects'' from the subject merchandise that these mixed wax petroleum candles can be considered subject to the antidumping duty order on petroleum wax candles from the People's Republic of China (``PRC'') under the minor alterations provision. See Notice of Antidumping Duty Order: Petroleum Wax Candles from the People's Republic of China, 51 FR 30686 (August 28, 1986) (``Order''). In addition, in response to a request from the NCA, the Department is also initiating an anticircumvention inquiry pursuant to section 781(d) of the Act to determine whether mixed wax candles composed of petroleum wax and varying amounts of either palm or vegetable-based waxes are later-developed products that can be considered subject to the antidumping duty order on petroleum wax candles from the PRC under the later-developed merchandise provision.

NMFS will present a series of public workshops on the new Crab Rationalization Program (Program) for participants the Bering Sea and Aleutian Islands (BSAI) king and Tanner crab fisheries. At each workshop, NMFS will provide an overview of the Program, discuss the key Program elements, provide information on the application process, and answer questions. NMFS is conducting these public workshops to provide assistance to fishery participants in complying with the requirements of this new Program.

NMFS announces that the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) have submitted Amendment 15 to the FMP for review, approval, and implementation by NMFS. Amendment 15 would establish a limited access system for the commercial fishery for Gulf and Atlantic group king mackerel, and change the fishing year for Atlantic migratory groups of king and Spanish mackerel to March 1 through February 28-29. The intended effect of Amendment 15 is to support the Council's efforts to achieve optimum yield in the fishery, and provide social and economic benefits associated with maintaining stability in the fishery.

This rule revises the Defense Priorities and Allocations System to allow a person rejecting a rated order to give his or her reasons for the rejection through electronic means rather than requiring a person to submit the rationale in writing.

Pursuant to the National Environmental Policy Act (NEPA), we, the U.S. Fish and Wildlife Service (Service), are issuing this notice to advise the public that we intend to gather information necessary to prepare, in cooperation with the National Oceanic and Atmospheric Administration's Marine Fisheries Service (NOAA) and U.S. Army Corps of Engineers (Corps), an Environmental Impact Statement (EIS) and Environmental Impact Report (EIR) for the proposed Placer County Conservation Plan (PCCP). The Service is the lead agency for this EIS, and NOAA and the Corps are cooperating agencies. Placer County Planning Department, the Resource Conservation District, the City of Lincoln, the Placer County Water Agency, and the South Placer Regional Transportation Authority (Applicants) intend to apply to the Service and NOAA for 50-year Endangered Species Act (ESA) permits. The permits are needed to authorize the incidental take of species that could occur as a result of implementation activities proposed to be covered under the PCCP. The Service, in cooperation with NOAA and the Corps, provides this notice to: (1) Describe the proposed action and possible alternatives; (2) advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS/EIR; (3) announce the initiation of a public scoping period; and (4) obtain suggestions and information on the scope of issues and alternatives to be included in the EIS/EIR.

The Pacific Fishery Management Council (Council) announces the dates and locations of public hearings to solicit comments on proposed options for ocean salmon fishery management measures for the 2005 season.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 first seasonal allowance of the pollock total allowable catch (TAC) for Statistical Area 620 of the GOA.

This action allocates calendar year 2005 duty exemptions for watch producers located in the Virgin Islands pursuant to Public Law 97-446, as amended by Public Law 103-465 (``the Act'').

The United States Patent and Trademark Office (Office) is in the process of completing its move to Alexandria, Virginia. The Office is revising the rules of practice to update the locations and telephone numbers specified in the rules in light of the move to Alexandria, Virginia.

On April 1, 2004, the Department of Commerce (``the Department'') initiated a sunset review of the countervailing duty (``CVD'') order on stainless steel plate in coils (``SSPC'') from Italy pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-Year (Sunset) Reviews, 69 FR 17129 (April 1, 2004). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the interested parties, the Department conducted a full (240-day) sunset review. As a result of this review, the Department finds that revocation of the CVD order would likely lead to continuation or recurrence of subsidies at the levels indicated in the ``Final Results of Review'' section of this notice.

The Mid-Atlantic Fishery Management Council announces its intention to hold scoping meetings to seek public comment on issues to be addressed when developing Amendment 1 to the Tilefish Fishery Management Plan pursuant to the Magnuson Stevens Fishery Conservation and Management Act of 1976, as amended. The purpose of these scoping meetings is to solicit input on management issues to be included in Amendment 1.

This notice establishes the Department's proposal for a new system of records under the Privacy Act. The National Marine Fisheries Service (NMFS), Alaska Region, is creating a new system of records for the mandatory collection of crab economic data. Eight versions of a form, specific to the four types of crab activity and one specific for historical information that occurred prior to the Crab Rationalization Program and one for annual information to be submitted annually, entitled, ``Crab Economic Data Report (EDR),'' will be used to collect information on costs of fishing and processing, revenues for harvesters and processors, and employment information required under the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Information obtained through the EDR would be accessible by the independent Data Collection Agent (DCA) under cooperative agreement with NMFS, Alaska Region, to distribute forms, receive forms, review, and verify information in the crab economic surveys (see SYSTEM LOCATION). Each vessel owner or lessee and each plant owner or lessee that participated in the specified crab fisheries since 1996 will be required to submit a EDR to the DCA by mail, FAX, or electronic file.

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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.