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

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has issued an affirmative finding for the Government of Spain under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the Eastern Tropical Pacific (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Spanish-flag purse seine vessels or purse seine vessels operating under Spanish jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Government of Spain and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.

The National Institute of Standards and Technology (NIST) will host a public workshop to provide additional guidance on Federal Information Processing Standards (FIPS) 201 implementation. The workshop is designed to provide clarifications and respond to the questions raised by the industry and Federal agencies. NIST has received many questions as to industry's plans to deliver products that are PIV-II compliant (i.e., meet the requirements of FIPS 201, PIV-II and NIST SP 800-73, end-point specifications). Commercial vendors have made significant progress in developing solutions to meet PIV-II requirements. The workshop will provide an opportunity for the industry to provide brief details to the participants, particularly agency officials, as to their product availability and planned timetables so that agencies can plan accordingly for PIV-II compliant implementations and procurement. NIST will discuss, in greater detail, the mandates and requirements of the FIPS 201 and related Special Publications through a series of educational presentations including the NIST reference implementation. The workshop agenda topics will be available at https:// csrc.nist.gov/piv-project by May 31, 2005.

This document makes final, without change, a previously published interim final rule that stated the Bureau of Industry and Security's licensing policy regarding transactions involving entities sanctioned by the State Department under three specified statutes, imposed a new license requirement for certain entities sanctioned by the State Department, and identified one specific entity subject to this new license requirement, Tula Instrument Design Bureau of Russia.

NMFS issues this final rule, correcting amendment to the regulations governing the Bering Sea and Aleutian Islands crab fisheries. This action is necessary to clarify procedures and to correct discrepancies provided in a previous rulemaking. This final rule is intended to promote the goals and objectives of the Fishery Management Plan for Bering Sea/Aleutian Islands (BSAI) King and Tanner Crabs (FMP), the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable law.

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.

The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty order on certain softwood lumber products from Canada for the period April 1, 2003, through March 31, 2004. If the final results remain the same as these preliminary results of administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties as detailed in the ``Preliminary Results of Review'' section of this notice. Interested parties are invited to comment on these preliminary results. (See Public Comment section of this notice.)

NMFS announces that it has approved the request of the State of North Carolina to transfer 82,774 lb (37,546 kg) of commercial summer flounder quota to the States of Maine, Connecticut, New York, and Maryland, and the Commonwealth of Massachusetts, in accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Addendum XV to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

NMFS has received a request from Eglin Air Force Base (EAFB) for the take of small numbers of marine mammals, by harassment, incidental to Naval Explosive Ordnance Disposal School (NEODS) Training Operations at EAFB, Florida. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to authorize the Air Force to take, by harassment, small numbers of two species of cetaceans at EAFB beginning in July 7, 2005.

NMFS has determined that the Atlantic bluefin tuna (BFT) General and Charter/Headboat Permit category daily retention limits should be adjusted for the 2005 fishing year, which begins on June 1, 2005 and ends May 31, 2006. The adjustment will allow maximum utilization of the General category June through August time-period subquota, and will enhance recreational BFT fishing opportunities aboard Charter/Headboat vessels in the early portion of the season. Therefore, NMFS increases the daily BFT retention limits to provide enhanced commercial General category and recreational Charter/Headboat fishing opportunities in all areas without risking overharvest of the General and Angling category quotas. The final initial 2005 BFT Specifications and General category effort controls are provided in a separate Federal Register document.

The New England Fishery Management Council (Council) will hold a three-day Council meeting on June 21-23, 2005, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a third one-year interim extension of the term of U.S. Patent No. 4,567,264.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel plate in coils (SSPC) from Belgium. For the period May 1, 2003, through April 30, 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 NV. See ``Preliminary Results of Review'' section of this notice. Interested parties are invited to comment on these preliminary results.

Three Groundfish Stock Assessment Review (STAR) Panels will hold work sessions which are open to the public. The first STAR Panel will review new assessments for sablefish, Dover sole, shortspine thornyhead, and longspine thornyhead. The second STAR Panel will review new assessments for widow rockfish, blackgill rockfish, and kelp greenling; and an updated assessment for bocaccio. The third STAR Panel will review new assessments for canary rockfish, lingcod, and yelloweye rockfish; and an updated assessment for yellowtail rockfish.

The National Fire Protection Association (NFPA) proposes to revise some of its fire safety codes and standards and requests proposals from the public to amend existing or begin the process of developing new NFPA fire safety codes and standards. The purpose of this request is to increase public participation in the system used by NFPA to develop its codes and standards. The publication of this notice of request for proposals by the National Institute of Standards and Technology (NIST) on behalf of NFPA is being undertaken as a public service; NIST does not necessarily endorse, approve, or recommend any of the standards referenced in the notice.

Notice is hereby given that Guam Division of Aquatic and Wildlife Resources (DAWR), 142 Dairy Road, Mangilao, Guam 96913, has applied in due form for a permit to take green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

The Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on electroluminescent flat panel displays (EL FPDs) from Japan. See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 9919 (March 1, 2005). Because no interested domestic party responded to the sunset review notice of initiation by the applicable deadline, the Department is revoking the antidumping duty order on EL FPDs from Japan.

The North Pacific Fishery Management Council (Council) has submitted Amendment 79 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, Amendment 79 would add a management objective to the goals and objectives section of the FMP that would improve the retention of Bering Sea and Aleutian Islands (BSAI) groundfish species where practicable through the establishment of a minimum Groundfish Retention Standard (GRS). This action is intended to promote the management objectives of the Improved Retention/Improved Utilization (IRIU) program, the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is necessary to reduce discards and improve utilization in BSAI groundfish fisheries.

NMFS proposes regulations to implement Framework 17 to the Atlantic Sea Scallop Fishery Management Plan (Framework 17) developed by the New England Fishery Management Council (Council). Framework 17 would require that vessels issued a general category scallop permit and that intend to land over 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, install and operate vessel monitoring systems (VMS). Framework 17 would also allow general category scallop vessels with VMS units to turn off (power-down) the VMS units after they have offloaded scallops and while they are tied to a fixed dock or mooring. Finally, Framework 17 proposes to revise the broken trip adjustment provision for limited access scallop vessels fishing in the Sea Scallop Area Access Program. The intent of this action is to provide more complete monitoring of the general category scallop fleet, to reduce VMS operating costs, and to eliminate a provision that may have a negative influence on vessel operator decisions at sea.

NMFS issues this final rule to implement Amendment 22 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 22) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule provides the regulatory authority to implement a mandatory observer program for selected commercial and for-hire (charter vessel/headboat) vessels in the Gulf of Mexico reef fish fishery. In addition, consistent with the requirements of the Magnuson-Stevens Act, Amendment 22 establishes a stock rebuilding plan, biological reference points, and stock status determination criteria for red snapper in the Gulf of Mexico. The intended effect of this final rule is to contribute to ending overfishing and rebuilding the red snapper resource. Finally, NMFS informs the public of the approval by the Office of Management and Budget (OMB) of the collection-of-information requirements contained in this final rule and publishes the OMB control numbers for those collections.

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 has approved the revised management plan, which includes an expansion of the boundary of the reserve, for the Delaware National Estuarine Research Reserve. The Delaware 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 their 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. The Delaware National Estuarine Research Reserve is administered in partnership with the Delaware Department of Natural Resources and Environmental Control. The reserve consists of two component sites that are located thirty miles apart. These components include both brackish and freshwater estuaries and represent the diverse estuarine ecosystems found throughout the Mid-Atlantic region. The Upper Blackbird Creek site in New Castle County is a low salinity brackish or freshwater system that is located in a rural area. The Lower St. Jones River site in Kent County is located just south of the state capital and represents a more saline estuary that has experienced greater impacts from the surrounding development. These diverse settings provide an ideal opportunity to study anthropogenic impacts to natural estuarine and coastal systems and to convey information about the importance of estuarine habitats and functions to the citizens of Delaware. The mission of the reserve is to preserve and manage the natural resources within the two reserve components for research, to provide education and outreach programs that promote better understanding of Delaware's estuarine and coastal areas, and to promote informed coastal decisionmaking. Goals and objectives to advance this mission are identified within the management plan for administration; facilities and construction; public access; education, interpretation and outreach; environmental research and monitoring; and stewardship. Administrative goals for the Delaware Reserve include increasing volunteer activities; coordinating with partners to promote science based management; and ensuring that education, research, monitoring, and land management efforts are supported with staff, facilities and operational necessities. Facilities that were constructed over the past three years at the St. Jones component site will be maintained for reserve and for community and partner use. Education, interpretation and outreach efforts will focus on enhancing public understanding of the function of estuaries and promoting the wise use of estuarine resources to encourage an environmental ethic. Programs for the public, for students, teachers, and coastal decisionmakers will be offered and exhibits at the visitor center will be maintained and updated as needed. The reserve education program will continue to improve the use of Web based tools and public events to promote increased estuarine awareness among target audiences and the general public. The Delaware reserve's research and monitoring program will focus on anthropogenic impacts that contribute to habitat degradation or loss. The reserve research and monitoring goals are to identify the various types, quality, and quantity of habitats available in the estuary to facilitate proper management and protection; and to identify, monitor, and limit the anthropogenic impacts to the estuarine system. Specifically, the reserve will develop an on site library of reference materials and data; collect baseline data and build a database for use in long term studies; promote the use of the reserve within the research community in the study of anthropogenic changes; disseminate important research and monitoring results about Delaware estuaries to key decisionmakers and the scientific community; and increase monitoring. Habitat protection and restoration efforts over the next five years will address controlling invasive species, developing best management practices for agricultural lands surrounding the reserve, monitoring land use decisions within the reserve watershed, and developing conservation plans for all reserve owned property. One hundred and forty seven privately held acres adjacent to the Upper Blackbird Creek component were acquired by the reserve in 2004. Obtaining land adjacent to the Blackbird Creek will ensure that researchers have adequate access to the natural resources of the reserve and will add woodland, marsh and open field upland habitats to this component site. The management plan incorporates the land into the reserve boundary and outlines a plan to phase in public access, education programming, and restoration activities on the new property.