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

NMFS has received a request from BP Exploration (Alaska), 900 East Benson Boulevard, Anchorage, AK 99519 (BP) for renewal of an authorization to take small numbers of marine mammals incidental to operation of an offshore oil and gas platform at the Northstar facility in the Beaufort Sea in state waters. By this document, NMFS is proposing regulations to govern that take. In order to issue the Letter of Authorization (LOA) and final regulations governing the take, NMFS must determine that the total taking will have a negligible impact on the affected species and stocks of marine mammals, will be at the lowest level practicable, and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses. NMFS invites comment on the application and the proposed rule.

Notice is hereby given that the Museum of Natural History Collections, Department of Environmental Studies, University of California, Santa Cruz, CA 95064 [Principal Investigator: Tonya Haff], has requested an amendment to scientific research permit no. 960-1528/ PRT01789.

NMFS is prohibiting directed fishing for Pacific Ocean perch in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 Pacific Ocean perch total allowable catch (TAC) in the Western Aleutian District of the BSAI.

NMFS is prohibiting directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of northern rockfish in the Western Regulatory Area of the GOA.

NMFS is prohibiting directed fishing for Pacific Ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 total allowable catch (TAC) of Pacific Ocean perch in the West Yakutat District of the GOA.

On March 23, 2005, the Department of Commerce (``the Department'') published in the Federal Register (70 FR 14643) a notice announcing the initiation of the sixth administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (``PRC''). The period of review (``POR'') is February 1, 2004, to January 31, 2005. This review is now being rescinded for Blue Field (Sichuan) Food Industrial Co., Ltd.; China Processed Food Import & Export Company; China National Cereals, Oils, and Foodstuffs Import & Export Corporation; COFCO (Zhangzhou) Food Industrial Co.; Ltd., Fujian Zishan Group Co.; Xiamen Jiahua Import & Export Trading Co., Ltd.; Fujian Yu Xing Fruit and Vegetable Foodstuff Development Co., Ltd.\1\; Shandong Jiufa Edible Fungus Co., Ltd.; Guangxi Hengxian Pro-Light Foods, Inc.; Guangxi Yizhou Dongfang Cannery; Inter-foods D.S. Co., Ltd.; Mei Wei Food Industry Co., Ltd.; Nanning Runchao Industrial Trade Co., Ltd.; Raoping Xingyu Foods Co., Ltd.; Xiamen Jiahua Import & Export Trading Co., Ltd.; Xiamen Zhongjia Import and Export Co., Ltd.; Shanghai Superlucky Import & Export Company, Ltd.; Shantou Hongda Industrial General Corporation; Shenxian Dongxing Foods Co., Ltd.; Shenzhen Qunxingyuan Trading Co., Ltd.; Tak Fat Trading Co.; Xiamen International Trade & Industrial Co., Ltd.; Zhangzhou Hongning Canned Food Factory; Zhangzhou Jingxiang Foods Co., Ltd.; Zhangzhou Longhai Lubao Food Co., Ltd.; and Zhangzhou Longhai Minhui Industry and Trade Co., Ltd., (collectively ``the Twenty-five Companies'') because the only requesting party withdrew its request in a timely manner.

On January 31, 2005, the Department of Commerce (the Department) published in the Federal Register (70 FR 4818) a notice announcing the initiation of the administrative review of the antidumping duty order on honey from the People's Republic of China (PRC). The period of review (POR) is December 1, 2003, to November 30, 2004. On June 22, 2005, petitioners and Wuhan Bee Healthy Co., Ltd. (Wuhan Bee) withdrew their requests for an administrative review of Wuhan Bee. This review is now being rescinded for Wuhan Bee.

The Department of Commerce is conducting an administrative review of the antidumping duty order on furfuryl alcohol from Thailand. The period of review is July 1, 2003, through June 30, 2004. This review covers imports of furfuryl alcohol from one producer/exporter. We preliminarily determine that sales of subject merchandise have not been made at less than normal value. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection to liquidate entries of furfuryl alcohol from Indorama Chemicals (Thailand) Ltd. without regard to antidumping duties. We invite interested parties to comment on these preliminary results. We will issue the final results not later than 120 days from the date of publication of this notice.

The Department of Commerce has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with June anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part.

Six Technical Advisory Committees (TACs) advise the Department of Commerce on the technical parameters for export controls applicable to dual-use commodities and technology and on the administration of those controls. The TACs are composed of representatives from industry and Government representing diverse points of view on the concerns of the exporting community. Industry representatives are selected from firms producing a broad range of goods, technologies, and software presently controlled for national security, non-proliferation, foreign policy, and short supply reasons or that are proposed for such controls, balanced to the extent possible among large and small firms. TAC members are appointed by the Secretary of Commerce and serve terms of not more than four consecutive years. The membership reflects the Department's commitment to attaining balance and diversity. TAC members must obtain secret-level clearances prior to appointment. These clearances are necessary so that members may be permitted access to the classified information needed to formulate recommendations to the Department of Commerce. Each TAC meets approximately 4 times per year. Members of the Committees will not be compensated for their services. The six TACs are responsible for advising the Department of Commerce on the technical parameters for export controls and the administration of those controls within the following areas: Information Systems TAC: Control List Categories 3 (electronics), 4 (computers), and 5 (telecommunications and information security); Materials TAC: Control List Category 1 (materials, chemicals, microorganisms, and toxins); Materials Processing Equipment TAC: Control List Category 2 (materials processing); Regulations and Procedures TAC: the Export Administration Regulations (EAR) and procedures for implementing the EAR; Sensors and Instrumentation TAC: Control List Category 6 (sensors and lasers); Transportation and Related Equipment TAC: Control List Categories 7 (navigation and avionics), 8 (marine), and 9 (propulsion systems, space vehicles, and related equipment). To respond to this recruitment notice, please send a copy of your resume to Ms. Yvette Springer at Yspringer@bis.doc.gov. Deadline: This Notice of Recruitment will be open for one year from its date of publication in the Federal Register.

Below is a listing of individuals who are eligible to serve on the Performance Review Board in accordance with the Economics and Statistics Administration's Senior Executive Service and Senior Professional Performance Management Systems:

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

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on Carbon and Certain Alloy Steel Wire Rod from Canada for the period October 1, 2003, to September 30, 2004 (the POR). We preliminarily determine that sales of subject merchandise by Ivaco Inc. and Ivaco Rolling Mills (IRM) (collectively, ``Ivaco'') and Ispat Sidbec, Inc. (Ispat) (now known as Mittal Canada Inc. (Mittal)\1\) 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 on appropriate entries. Interested parties are invited to comment on these preliminary results. We will issue the final results no later than 120 days from the publication of this notice.

The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject Exempted Fishing Permit (EFP) application contains all the required information and warrants further consideration. The Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Herring and Northeast (NE) Multispecies Fishery Management Plans (FMPs). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Regional Administrator proposes to issue an EFP that would allow up to four vessels at any given time to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP would allow for exemptions from certain regulations that implement the emergency action to address haddock bycatch in the 2005 herring fishery for the period August 1 - October 30, 2005. The EFP would exempt vessels from requirements specified at 50 CFR 648.86(a)(3) that restrict Category 1 herring vessels from possessing more than 1,000 lb (0.45 mt) of haddock per trip. The vessels would be part of a study entitled, ``Modifications to Herring Midwater Trawls to Increase Escapement of Non-Target Species (Haddock),'' which is being coordinated by the Gulf of Maine Research Institute on behalf of several research partners. The EFP application is being requested by one of the project partners, East Coast Pelagic Association (ECPA), and would allow trips to compare a standard Atlantic herring midwater trawl with a modified Atlantic herring midwater trawl intended to allow escapement of haddock. Nets would be towed by either two single vessels, or by two sets of midwater pair trawlers, resulting in a maximum of four vessels at any given time. The vessels will test gear modifications and use underwater video gear to research the vertical distribution and reaction behavior of herring and haddock during the seasonal and spatial overlap that occurs between these species on Georges Bank. Research is proposed for the period August 1 - October 30, and participating vessels would deploy a modified net and a standard net at intervals that provide standardized statistical results. The fishing activity would consist of 15-20 trips of 2.5 days each, with approximately 3-5 tows per day, of 3-4 hours each. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), has projected that 100 percent of the quarterly incidental total allowable catch (TAC) of Georges Bank (GB) cod specified to be harvested under the Regular B Days-at-Sea (DAS) Pilot Program will be harvested by July 18, 2005. Therefore, the use of Regular B DAS under the Regular B DAS Pilot Program is prohibited throughout the GB cod stock area through the end of the current quarter (see the DATES and SUPPLEMENTARY INFORMATION sections of this rule for further details). The intended effect of this action is to prevent over-harvesting the incidental catch TAC of GB cod under the Regular B DAS Pilot Program during the current quarter, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.

The United States Travel and Tourism Promotion Advisory Board (Board) will hold a Board meeting on August 1, 2005 in the Sorrel Room at the Grand Californian Hotel, 1600 South Disneyland Drive, Anaheim, California 92802. The Board will discuss the results of the international advertising and promotion campaign launched in the United Kingdom in 2004/2005, which sought to encourage individuals to travel to the United States for the express purpose of engaging in tourism. The meeting will be open to the public. Time will be permitted for public comment. To sign up for public comment, please contact Julie Heizer at least 24 hours before the start of the meeting. Julie Heizer may be contacted at U.S. Department of Commerce, 1401 Constitution Avenue, NW., Room 1003, Washington, DC 20230; via fax at (202) 482-2887; or, via e-mail at promotion@tinet.ita.doc.gov. Written comments concerning Board affairs are welcome anytime before or after the meeting. Written comments should be directed to Julie Heizer. Minutes will be available within 60 days of this meeting. The Board is mandated by Public Law 108-7, Section 210. As directed by Public Law 108-7, Section 210, the Secretary of Commerce shall design, develop and implement an international advertising and promotional campaign, which seeks to encourage individuals to travel to the United States. The Board shall recommend to the Secretary of Commerce the appropriate coordinated activities for funding. This campaign shall be a multi-media effort that seeks to leverage the Federal dollars with contributions of cash and in-kind products unique to the travel and tourism industry. The Board was chartered in August of 2003 and will expire on August 8, 2005. This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OTTI.

On May 21, 1999, the Department of Commerce (``the Department'') published an antidumping duty order on certain stainless steel plate in coils from Canada. See Antidumping Duty Order, Certain Stainless Steel Plate in Coils from Belgium, Canada, Italy, Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May 21, 1999). On April 1, 2004, the Department initiated its first sunset review of the order on certain stainless steel plate in coils from Canada. See Initiation of Five-Year (``Sunset'') Reviews, 69 FR 17129 (April 1, 2004). (``First Sunset Review''). Pursuant to section 751(c) of the Tariff Act from 1930, as amended (``the Act''), the International Trade Commission (``the ITC'') determined that revocation of the antidumping duty order on certain stainless steel plate in coils from Canada is not likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Certain Stainless Steel Plate from Belgium, Canada, Italy, Korea, South Africa, and Taiwan, 70 FR 38710 (July 5, 2005). Therefore, pursuant to section 751(d)(2) of the Act, and section 351.222(i)(1)(iii) of the Department's regulations, the Department is revoking the antidumping duty order on certain stainless steel plate in coils from Canada.

On May 10, 2005, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on certain small diameter carbon and alloy seamless standard, line, and pressure pipe (seamless pipe) from Romania. The period of review is August 1, 2003, through July 31, 2004. We did not receive comments from interested parties, and we did not make any changes to the margin for the final results. The final margin for S.C. Silcotub S.A. is listed below in the section entitled ``Final Results of Review.''

On May 13, 2005, the Department of Commerce (``Department'') published the notice of preliminary results of its changed circumstances review examining whether Shanxi Fengkun Foundry Ltd., Co. (``Fengkun Foundry''') is the successor-in-interest to Shanxi Fengkun Metallurgical Ltd., Co. (``Fengkun Metallurgical''') by virtue of its name change. See Notice of Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review: Brake Rotors From the People's Republic of China, 70 FR 25545 (May 13, 2005) (``Preliminary Results''). In those Preliminary Results, the Department found that Fengkun Foundry is not the successor-in-interest to Fengkun Metallurgical. After consideration of new factual information solicited by the Department and comments from interested parties, the Department now finds that Fengkun Foundry is the successor-in-interest to Fengkun Metallurgical, and that Fengkun Foundry should retain the deposit rate assigned to Fengkun Metallurgical by the Department for all entries of the subject merchandise produced or exported by Fengkun Metallurgical. We have now completed this changed circumstances review in accordance with 19 CFR 351.216 and 351.221(c)(3).

This document contains a correction to a final rule that was published on May 24, 2005.