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

NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). These actions are necessary to allow the 2005 B season total allowable catch (TAC) of Pacific cod to be harvested.

The Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS) is seeking applicants for both primary and alternate members of the following seats on its Sanctuary Advisory Council (Council): Education, Fishing, Hawaii County, Honolulu County, Kauai County, Maui County, Native Hawaiian, and Research. 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 Hawaii. Applicants who are chosen as members should expect to serve two-year terms, pursuant to the Council's Charter.

NMFS is prohibiting retention of Pacific Ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). NMFS is requiring that catch of Pacific Ocean perch in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the Pacific Ocean perch 2005 total allowable catch (TAC) in this area has been reached.

The National Institute of Standards and Technology (NIST) announces the first in a series of planned workshops being held in support of NIST's Software Assurance Metrics and Tool Evaluation (SAMATE) project. NIST is working with industry, academia, and users: To identify deficiencies in software assurance (SA) methods and tools To develop metrics for the effectiveness of SA tools. NIST invites parties interested in these issues to contribute to the specification of such metrics and to the development of reference data sets capable of testing the effectiveness of SA tools. These reference data sets, when used during an SA tool's development, can aid in building a correct implementation with regard to these metrics. The first workshop ``Defining the State of the Art in Software Security Tools'' is being held at NIST Gaithersburg August 10 and 11. Future Workshops will be announced on the Project's Web site https:// samate.nist.gov/ and on other SA forums.

On January 3, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the countervailing duty (``CVD'') order on certain cut-to-length carbon-quality steel plate from Italy pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-year (``Sunset'') Reviews, 70 FR 75 (January 3, 2005) . On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties, as well as inadequate response from respondent interested parties, the Department conducted an expedited sunset review pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ``Final Results of Review'' section of this notice.

On January 3, 2005, the Department of Commerce (``the Department') initiated a sunset review of the countervailing duty (``CVD'') order on certain cut-to-length carbon-quality steel plate from India pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-year (``Sunset'') Reviews, 70 FR 75 (January 3, 2005). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties, as well as inadequate response from respondent interested parties, the Department conducted an expedited sunset review pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of countervailable subsidies at the level indicated in the ``Final Results of Review'' section of this notice.

In response to requests from respondent ThyssenKrupp Mexinox S.A. de C.V. (Mexinox S.A.) and Mexinox USA, Inc. (Mexinox USA) (collectively, Mexinox) and petitioners,\1\ the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel sheet and strip in coils (S4 in coils) from Mexico. This administrative review covers imports of subject merchandise from Mexinox S.A. during the period July 1, 2003, to June 30, 2004.

The Department of Commerce (``the Department'') is conducting the first administrative review of the antidumping duty order on saccharin from the People's Republic of China (``PRC'') covering the period December 27, 2002, through June 30, 2004. We have preliminarily determined that sales have been made below normal value. If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the period of review (``POR'') for which the importer-specific assessment rates are above de minimis. Interested parties are invited to comment on these preliminary results. We will issue the final results no later than 120 days from the date of publication of this notice.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/Marine Protected Area (MPA)/ Ecosystem Committee in August, 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.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant 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 Assistant 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 Northeast (NE) Multispecies Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow one commercial fishing vessel 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 the FMP as follows: The Gulf of Maine (GOM) Rolling Closure Areas and the minimum mesh size for trawl gear. 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.

Notice is hereby given that New York State Department of Environmental Conservation (Kathryn Hattala, Principal Investigator; Gregg Kenney, Primary Contact/Co-Investigator), 21 South Putt Corners Road, New Paltz, NY 12561, has applied in due form for a permit to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research.

NMFS issues this establishing the effective date of fees for repaying the $35,662,471 reduction loan financing the Pacific Coast groundfish fishing capacity reduction program.

In response to requests from Ugine and ALZ France S.A. (U&A France) (the Respondent), and Allegheny Ludlum Corporation, AK Steel, Inc., North American Stainless, United Steelworkers of America, AFL- CIO/CLC, Butler Armco Independent Union, and Zanesville Armco Independent Organization (collectively, the Petitioners), the U.S. Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel sheet and strip in coils (SSSS) from France for the period July 1, 2003, through June 30, 2004 (POR). The Department preliminarily finds that U&A France's sales of SSSS in the United States were made at less than normal value (NV). If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of U&A France's merchandise during the period of review. The preliminary results are listed in the section titled ``Preliminary Results of Review,'' below.

In June 2005, the Department of Commerce (``the Department'') received two requests to conduct new shipper reviews of the antidumping duty order on honey from the People's Republic of China (``PRC''). We have determined that these requests meet the statutory and regulatory requirements for the initiation of new shipper reviews.

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the April 2005 plenary meeting of the Australia Group (AG). Specifically, this final rule amends the EAR to implement changes to the AG ``Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology'' by revising the Commerce Control List (CCL) entry that controls certain pumps that can be used to make chemical weapons or AG-controlled precursor chemicals. This rule also amends the EAR to implement changes to the AG ``Control List of Dual-Use Biological Equipment'' by revising the CCL entry that controls equipment capable of use in handling biological materials to add certain spraying or fogging systems, spray booms or arrays of aerosol generating units, and components therefor. In addition, this rule amends the CCL entry that controls certain genetic elements and genetically modified organisms by revising the Technical Note in the entry to clarify the scope of the controls on genetic elements and genetically modified organisms that contain nucleic acid sequences associated with the pathogenicity of any AG- controlled microorganisms, consistent with the AG ``Control List of Biological Agents,'' the AG ``Control List of Animal Pathogens,'' and the AG ``Control List of Plant Pathogens.'' This rule also amends the EAR to reflect the addition of Ukraine to the Australia Group and updates the definition of ``Australia Group'' in the EAR to include a current listing of all participating countries. Finally, this rule updates the list of countries that currently are States Parties to the Chemical Weapons Convention (CWC) by adding ``Niue,'' which recently became a State Party. As a result of this change, the CW (Chemical Weapons) license requirements and policies in the EAR that apply to Niue now conform with those applicable to other CWC States Parties. This rule also clarifies the entry for the ``Netherlands'' on the list of CWC States Parties by adding a footnote to this entry to indicate that, for CWC purposes only, the Netherlands includes ``Aruba and the Netherlands Antilles.'' This rule further updates the list by removing ``Yugoslavia (Federal Republic of)'' and replacing it with ``Serbia and Montenegro.''

The Department of Commerce is conducting an administrative review of the antidumping duty order on individually quick frozen red raspberries from Chile. The period of review is July 1, 2003, through June 30, 2004. This order covers sales of individually quick frozen red raspberries with respect to Fruticola Olmue, S.A.; Santiago Comercio Exterior Exportaciones Limitada; and Vital Berry Marketing, S.A. We preliminarily find that, during the period of review, sales of individually quick frozen red raspberries were not made below normal value. Interested parties are invited 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.

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 stainless steel sheet and strip in coils from Germany, Italy, Japan, Republic of Korea (``Korea''), Mexico, and Taiwan, and the countervailing duty orders on stainless steel sheet and strip in coils from Italy and Korea, 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.

In accordance with the provisions of the Federal Advisory Committee Act, 5 U.S.C. App. 2, and the General Services Administration (GSA) rule of Advisory Committee Management, 41 CFR part 102-3 and after consultation with GSA, the Secretary of Commerce has determined that the establishment of the U.S. Travel and Tourism Advisory Board is in the public interest, in connection with the performance of duties imposed on the Department by law. This is a renaming of the original board established in 2003 under the name U.S. Travel and Tourism Promotion Advisory Board pursuant to the Department of Commerce and Related Agencies Appropriations Act, 2003, section 210 (Public Law 108- 7). This also expands the duties of the Board to include the activities that are authorized under 15 U.S.C. 1512, set forth below. Under the newly established U.S. Travel and Tourism Advisory Board, the Secretary of Commerce shall in consultation with the Board design, develop and implement an international promotional campaign, which seeks to encourage foreign individuals to travel to the United States for the purposes of engaging in tourism related activities. Also, pursuant to 15 U.S.C. 1512 which provides the Department of Commerce the province and duty to foster, promote and develop foreign and domestic commerce, the Board shall advise the Secretary of Commerce on the development, creation and implementation of a national tourism strategy and shall provide a means of ensuring regular contact between the government and the travel and tourism sector. The Board shall advise the Secretary on government policies and programs that affect the United States travel and tourism industry and provide a forum for discussing and proposing solutions to industry related problems. The U.S. Travel and Tourism Advisory Board will consist of no more than 15 members appointed by the Secretary of Commerce to assure a balanced representation among the travel and tourism industry sector. The U.S. Travel and Tourism Advisory Board will function solely as an advisory body, and in compliance with the provisions of the Federal Advisory Committee Act. Its charter will be filed under the Act, fifteen days from the date of publication of this notice.

Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the National Marine Fisheries Service (NMFS) proposes to serve as the lead agency under NEPA in the preparation of a joint Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the following project/proposed action: Adoption and implementation of the ``Settlement Agreement Regarding Water Rights of the Santa Clara Valley Water District On Coyote, Guadalupe, and Stevens Creeks,'' (Settlement Agreement), the State Water Resources Control Board's approval of modifications of the Santa Clara Valley Water District's (District) appropriative water rights to allow for implementation of the Settlement Agreement with supporting findings and implementation of those modifications, the District's adoption of a Conservation Plan (CP), NMFS's issuance of an incidental take permit (ITP) to the District, the U.S. Fish and Wildlife Service's (USFWS) issuance of an ITP to the District, the U.S. Army Corps of Engineers' (Corps) issuance of a permit to the District, and the California Department of Fish and Game's issuance of an incidental take permit or consistency determination to the District. The project/proposed action is also known as ``FAHCE'' (Fisheries and Aquatic Habitat Collaborative Effort). The NMFS is the lead agency for this EIS, and the USFWS and the Corps are cooperating agencies. The District, a local public water agency, is the lead agency under the California Environmental Quality Act (CEQA). A similar notice is being published by the District in accordance with CEQA. Comments and participation in the scoping process are encouraged.

In response to a request by Beijing Shougang Xingang Co., Ltd., and Beijing Alliance of Xingang Science and Trade Co., Ltd., (collectively ``Shougang''), an exporter of subject merchandise, the Department of Commerce (the ``Department'') initiated an administrative review of the antidumping duty order on cut-to-length carbon steel plate (``CTL Plate'') from the People's Republic of China (``PRC''). No other interested party requested a review of Shougang. The period of review (``POR'') is November 3, 2003, through October 31, 2004. On July 5, 2005, Shougang withdrew its request for a review. The Department is now rescinding the administrative review of Shougang.

The Department of Commerce (the Department) is conducting a new shipper review of the antidumping duty order on certain forged stainless steel flanges (stainless steel flanges) from India manufactured by Hilton Forge (Hilton). The period of review (POR) covers February 1, 2004, through July 31, 2004. We preliminarily determine that Hilton made sales of subject merchandise at less than normal value (NV) in the United States during the POR. If these preliminary results are adopted in the final results of this new shipper review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of the subject merchandise for which the importer-specific assessment rates are above de minimis. We invite interested parties to comment on these preliminary results. Parties who submit argument in these proceedings are requested to submit with the argument 1) a statement of the issues and 2) a brief summary of the argument.