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

On April 11, 2005, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils from Japan with respect to Kawasaki Steel Corporation (KSC) and its alleged successor-in-interest JFE Steel Corporation (JFE). The period of review is July 1, 2003, through June 30, 2004. The petitioners submitted comments agreeing with the Department's preliminary results. No other interested party submitted comments and we have made no changes to our preliminary results. Therefore, the final results do not differ from the preliminary results. The final margin is listed below in the ``Final Results of Review'' section of this notice.

Notice is hereby given that the Department of Commerce is conducting a review to determine, pursuant to Section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221), whether the Government of Bolivia has discontinued allowing substantially reciprocal tax exemptions to aircraft of U.S. registry in connection with international commercial operations similar to those exemptions currently granted to aircraft of Bolivian registry by the United States under the aforementioned statute. The above-cited statute provides exemptions for aircraft of foreign registry from payment of certain internal revenue taxes on the purchase of supplies in the United States for such aircraft in connection with their international commercial operations. These exemptions apply upon a finding by the Secretary of Commerce, or his designee, and communicated to the Department of the Treasury, that such country allows, or will allow, ``substantially reciprocal privileges'' to aircraft of U.S. registry with respect to purchases of such supplies in that country. If a foreign country discontinues the allowance of such substantially reciprocal exemption, the exemption allowed by the United States will not apply after the Secretary of the Treasury is notified by the Secretary of Commerce, or his designee, of the discontinuance. Interested parties are invited to submit their views, comments and supporting documentation in writing concerning this matter to Mr. Douglas B. Baker, Deputy Assistant Secretary for Services, Room 1128, U.S. Department of Commerce, Washington, DC, 20230. Submissions should be sent electronically to OSImail@ita.doc.gov. All submissions should be received no later than forty-five days from the date of this notice. Comments received, with the exception of information marked ``business confidential,'' will be available for public inspection between Monday-Friday, 8:30 a.m. and 5:30 p.m. in the Trade Reference and Assistance Center Help Desk, Suite 800M, USA Trade Information Center, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW., Washington, DC. Information marked ``business confidential'' shall be protected from disclosure to the full extent permitted by law. It is suggested that those desiring additional information contact Mr. Eugene Alford, Office of Service Industries, Room 1124, U.S. Department of Commerce, Washington, DC 20230, or telephone 202-482- 5071.

NMFS is hosting a public meeting in July 2005, in Santa Ana, California. The purpose of the meeting is to identify programs and projects to be implemented as part of the NOAA Recreational Fisheries Strategic Plan 2005-2010, and to gather input from the public.

The Department of Commerce (``Department'') has a long- standing practice of calculating expected non-market economy (``NME'') wages for use as surrogate values in antidumping proceedings involving NME countries. These expected NME wages are calculated annually in accordance with Sec. 351.408(c)(3) of the Department's regulations. This notice describes the Department's methodology for the calculation of expected NME wages and provides the public with an opportunity to comment on this methodology in response to comments that have been submitted in several NME proceedings. For purposes of public comment, the Department has also calculated expected NME wages using currently available data for 2003 and the methodology described herein. This is a sample calculation based on 2003 data, and is subject to data updates and revisions.

As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty orders on certain iron construction castings from Brazil, Canada, and the People's Republic of China (``China''), and the countervailing duty order on heavy iron construction castings from Brazil would likely lead to continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, the Department is publishing notice of continuation of these antidumping and countervailing duty orders.

The Flower Garden Banks National Marine Sanctuary (FGBNMS or Sanctuary) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (Council): Recreational Diving, Diving Operations, Oil and Gas Industry, Recreational Fishing, Commercial Fishing, Research, Education, and Conservation. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the Council's Charter.

The Gulf of Mexico Fishery Management Council will convene public meetings.

Notice is hereby given that Bruce R. Mate, Ph.D., Holder/ Principal Investigator, Oregon State University, Hatfield Marine Science Center, 2030 SE Marine Science Drive, Newport, OR 97365, and Randall S. Wells, Ph.D., Sarasota Dolphin Research Program, c/o Mote Marine Laboratory, 1600 Ken Thompson Parkway, Sarasota, FL 34236, have each been issued a permit to take marine mammals for scientific research.

NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports (SARs) in accordance with the Marine Mammal Protection Act (MMPA). SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on draft 2005 SARs.

NMFS announces that no trips are authorized into the Closed Area (CA) II Yellowtail Flounder Special Access Program (SAP) for the 2005 fishing year. The Administrator, Northeast Region, NMFS (Regional Administrator) has determined that the available catch of Georges Bank (GB) yellowtail flounder is insufficient to support a minimum level of fishing activity within the CA II Yellowtail Flounder SAP for the 2005 fishing year. This action is intended to help achieve optimum yield (OY) in the fishery by allowing Northeast (NE) multispecies days-at-sea (DAS) vessels to achieve, but not exceed, the GB yellowtail flounder total allowable catch (TAC) specified for the Eastern U.S./Canada Area throughout the 2005 fishing year, in accordance with the Magnuson- Stevens Fishery Conservation and Management Act.

Notice is hereby given that Dr. Kathy Carlstead, Honolulu Zoo, 151 Kapahulu Ave., Honolulu, HI 96815, has been issued a permit to import marine mammal specimens for purposes of scientific research.

On April 8, 2005, the U.S. Department of Commerce (``the Department'') published in the Federal Register its preliminary results of the administrative review of the countervailing duty order on certain pasta from Italy for the period January 1, 2003, through December 31, 2003. We preliminarily found that the countervailing duty rates during the period of review for all of the producers/exporters under review are less than 0.5 percent and are, consequently, de minimis. We did not receive any comments on our preliminary results, and we have made no further revisions. The final net subsidy rates for the reviewed companies are listed below in the section entitled ``Final Results of Review.''

We, NOAA's National Marine Fisheries Service (NMFS), are issuing final determinations to list 16 Evolutionarily Significant Units (ESUs) of West Coast salmon (chum, Oncorhynchus keta; coho, O. kisutch, sockeye, O. nerka; Chinook, O. tshawytscha; pink, O. gorbuscha) under the Endangered Species Act (ESA) of 1973, as amended. We have concluded that four ESUs are endangered, and twelve ESUs are threatened, in California, Oregon, Washington, and Idaho. Fifteen of these ESUs were previously listed as threatened or endangered under the ESA, and one ESU was previously designated as a candidate species. With respect to the Oregon Coast coho ESU and ten O. mykiss ESUs, we have found that substantial disagreement regarding the sufficiency or accuracy of the relevant data precludes making final listing determinations at this time, and accordingly we are extending the deadline for making our final determinations for these 11 ESUs for an additional 6 months. The findings regarding the extension of the final listing determination for the Oregon Coast coho ESU and for the ten O. mykiss ESUs appear in the Proposed Rules section in today's Federal Register issue. The ten O. mykiss ESUs were previously listed and remain listed pending final agency action. Also in this notice, we are finalizing amendments to the ESA 4(d) protective regulations for threatened salmonid ESUs. As part of the proposed listing determinations in June 2004, we proposed changes to these protective regulations to provide the necessary flexibility to ensure that fisheries and artificial propagation programs are managed consistently with the conservation needs of ESA-listed ESUs, and to clarify the existing regulations so that they can be more efficiently and effectively interpreted and followed by all affected parties. Finally, we are soliciting biological and economic information relevant to designating critical habitat for the Lower Columbia River coho salmon ESU.

We, the National Marine Fisheries Service (NMFS), announce a final policy addressing the role of artificially propagated (hatchery produced) Pacific salmon (Oncorhynchus gorbuscha, O. keta, O. kisutch, O. nerka, O. tshawytscha) and steelhead (O. mykiss) in listing determinations under the Endangered Species Act of 1973 (ESA), as amended. This final policy supersedes the Interim Policy on Artificial Propagation of Pacific Salmon under the Endangered Species Act, published in the Federal Register on April 5, 1993. The Interim Policy is being revised in light of a 2001 United States District Court ruling that NMFS improperly listed only the naturally spawning component of Oregon Coast coho salmon under the ESA, excluding hatchery stocks that the agency had determined were part of the same ``distinct population segment'' (DPS) as the listed natural populations. The Court's ruling invalidated the practice described in the Interim Policy of generally excluding hatchery stocks in a DPS from listing unless it was determined that they contained a substantial proportion of the DPS's remaining genetic diversity and were ``essential for recovery.'' Under this new policy, hatchery stocks determined to be part of a DPS will be considered in determining whether a DPS is threatened or endangered under the ESA, and will be included in any listing of the DPS. This policy applies only to Pacific salmon and steelhead and only in the context of making ESA listing determinations.

The National Oceanic and Atmospheric Administration (NOAA) announcement of the Marine Protected Areas Center Gulf of Mexico Region Public Dialogue Meeting appeared in the Federal Register dated June 17, 2005 (70 FR 116), pages 35227-35228. The document was incorrectly titled as, ``Marine Protected Areas Center New England Region Public Dialogue Meeting.'' All other information regarding the Gulf of Mexico Public Dialogue Meeting in the document is correct.

Based on affirmative final determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on chlorinated Isocyanurates from the People's Republic of China (``PRC''). On June 17, 2005, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry (Chlorinated Isocyanurates from China and Spain, Investigations Nos. 731-TA-1082-1083 (Final), USITC Publication 3782, June 2005).

NOAA announces its intention to prepare an EIS in accordance with the National Environmental Policy Act of 1969 for the proposed approval of amendments submitted by the State of Alaska to its Coastal Management Program. The State has adopted regulatory changes to its Process for Consistency Review (11 AAC 150), Standards for the Alaska Coastal Management Program (11 AAC 180), and Guidelines of the Alaska Coastal Management Program (11 AAC 185).

NMFS will present a workshop on proposed catch-monitoring standards for the non-American Fisheries Act (AFA) trawl catcher/ processor sector. These standards are necessary to support proposed groundfish and prohibited species allocations to this sector that are under consideration by the North Pacific Fishery Management Council.