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

On August 11, 2005, the Economic Development Administration (``EDA'') published an interim final rule in the Federal Register. This final rule delays the effective date of certain provisions in the interim final rule from October 1, 2005 until November 14, 2005. This final rule also extends the deadline for submitting public comments on the interim final rule from October 11, 2005 until November 14, 2005. The delay in effective date and the extension of the public comment period are necessary to provide additional time for the submission of public comments and to allow for EDA's additional consideration of matters pertaining to the effective implementation of the interim final rule. Capitalized terms used but not otherwise defined in this final rule have the meanings ascribed to them in the interim final rule.

In accordance with 5 U.S.C. 4314(c)(4), NOAA announces the appointment of twenty-five members to serve on the NOAA Performance Review Board (PRB). The NOAA PRB is responsible for reviewing performance appraisals and ratings of Senior Executive Service (SES) members and making written recommendations to the appointing authority on SES retention and compensation matters, including performance-based pay adjustments, awarding of bonuses and reviewing recommendations for potential Presidential Rank Award nominees. The appointment of members to the NOAA PRB will be for a period of 24 months.

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 order on petroleum wax candles (``candles'') from the PRC would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing notice of the continuation of this antidumping duty order.

Notice is hereby given that NOAA Fisheries has received applications to grant permit to (Permit 1090), Mattole Salmon Group, Petrolia, CA. This permit would affect SONCC coho salmon (Oncorhynchus kisutch), California Coastal (CC) Chinook salmon (O. tshawytscha) and Northern California (NC) steelhead (O. mykiss) This document serves to notify the public of the availability of the permit application for review and comment before a final approval or disapproval is made by NMFS.

The United States Department of Commerce, International Trade Administration, U.S. Commercial Service, Office of Global Trade Programs is organizing a microelectronics trade mission to China, March 20-23, 2006. This trade mission will take place during the highly acclaimed annual Shanghai exhibition Electronica and Productronica China 2006co-located with SEMICON China. Participating firms will not only have pre-arranged one-on-one meetings scheduled for them by the U.S. Commercial Service in Shanghai, but will also have the opportunity to make additional business contacts at the exhibition. A similar microelectronics trade mission took place in March 2005. Contact: Office of Global Trade Programs; Room 2012; Department of Commerce; Washington, DC 20230; Tel: (202) 482-4457; Fax: (202) 482- 0178.

NMFS has determined that the daily retention limit for Atlantic bluefin tuna (BFT) in the General category should be adjusted to allow maximum utilization of the General category October-January time period. In addition, NMFS is prohibiting the retention of school BFT less than 47 inches (119 cm) in the recreational fishery for the remainder of the fishing year to ensure that U.S. BFT harvest is consistent with recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT) pursuant to the Atlantic Tunas Convention Act (ATCA).

The Department of Commerce (``the Department'') is currently conducting the twelfth new shipper review of the antidumping duty order on brake rotors from the People's Republic of China (``PRC'') covering the period April 1, 2004, through September 30, 2004. We preliminarily determine that no sales have been made below normal value (``NV'') with respect to the exporters who participated fully and are entitled to a separate rate in this review. 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.

On May 3, 2005, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the new shipper review of Seed Timber Co. Ltd. (Seed Timber) under the countervailing duty (CVD) order on certain softwood lumber products from Canada. See Certain Softwood Lumber Products from Canada: Preliminary Results of Countervailing Duty New Shipper Review, 70 FR 22848 (May 3, 2005) (Preliminary Results). Based on our analysis of comments received in this review, the Department has not revised the net subsidy rate for Seed Timber, the only producer/exporter of subject merchandise covered by this review. For further discussion of our analysis of the comments received for these final results, see the September 22, 2005, Issues and Decision Memorandum from Barbara E. Tillman, Acting Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, concerning the Final Results of Countervailing Duty New Shipper Review: Certain Softwood Lumber Products from Canada. (New Shipper Decision Memorandum). The final net subsidy rate for Seed Timber is listed below in ``Final Results of Review.''

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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the Rhode Island Coastal Management Program, the Chesapeake Bay-Maryland National Estuarine Research Reserve, the Delaware Coastal Management Program and Delaware National Estuarine Research Reserve, and the Georgia Coastal Management Program. The Coastal Zone Management Program evaluations will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR part 923, subpart L. The National Estuarine Research Reserve evaluations will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR part 921, subpart E and part 923, subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Management Programs and National Estuarine Research Reserves requires findings concerning the extent to which a state has met the national objectives, adhered to its Coastal Management Program document or Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, state, and local agencies and members of the public. A public meeting will be held as part of the site visit. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meeting during the site visits. The Rhode Island Coastal Management Program evaluation site visit will be held November 14-18, 2005. One public meeting will be held during the week. The public meeting will be held on Tuesday, November 15, 2005, at 7:30 p.m. at the Narragansett Bay Commission Board Room, One Service Road, Providence, Rhode Island. The Chesapeake Bay-Maryland National Estuarine Research Reserve evaluation site visit will be held November 14-16, 2005. One public meeting will be held during the week. The public meeting will be held on Monday, November 14, 2005, at 7 p.m. at the Jug Bay Sanctuary, 1361 Wrighton Road, Lothian, Maryland. The Delaware Coastal Management Program and Delaware National Estuarine Research Reserve joint evaluation site visit will be held December 5-9, 2005. One public meeting will be held during the week. The joint public meeting will be held on Wednesday, December 7, 2005, at 6 p.m. at 818 Kitts Hummock Road, Dover, Delaware. The Georgia Coastal Management Program evaluation site visit will be held December 12-16, 2005. One public meeting will be held during the week. The public meeting will be held on Tuesday, December 13, 2005, at 1 p.m. at the Coastal Electric Membership Cooperative, 1265 South Coastal Highway (U.S. 17), Midway, Georgia. Copies of states' most recent performance reports, as well as OCRM's evaluation notification and supplemental information request letters to the states, are available upon request from OCRM. Written comments from interested parties regarding these Programs are encouraged and will be accepted until 15 days after the public meeting held for a Program. Please direct written comments to Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910. When the evaluations are completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the availability of the final evaluation findings for the Florida, Mississippi, and Washington Coastal Management Programs (CMPs); and the Padilla Bay (Washington) and North Carolina National Estuarine Research Reserves (NERRs). Sections 312 and 315 of the Coastal Zone Management Act of 1972 (CZMA), as amended, require a continuing review of the performance of coastal states with respect to approval of CMPs and the operation and management of NERRs. The states of Florida, Mississippi, and Washington were found to be implementing and enforcing their federally approved coastal management programs, addressing the national coastal management objectives identified in CZMA Section 303(2)(A)-(K), and adhering to the programmatic terms of their financial assistance awards. Padilla Bay (Washington) and North Carolina NERRs were found to be adhering to programmatic requirements of the NERR System. Copies of these final evaluation findings may be obtained upon written request from: Ralph Cantral, Chief, National Policy and Evaluation Division, Office of Ocean and Coastal Resource Management, NOS/NOAA, 1305 East-West Highway, 10th Floor, N/ORM7, Silver Spring, Maryland 20910, or Ralph.Cantral@noaa.gov.

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

NMFS issues this proposed rule to implement Generic Amendment 3 to the Fishery Management Plans (FMPs) of the Gulf of Mexico (EFH Amendment 3) prepared by the Gulf of Mexico Fishery Management Council (Council). EFH Amendment 3 would amend each of the seven Council FMPs - shrimp, red drum, reef fish, coastal migratory pelagic resources, coral and coral reefs, stone crab, and spiny lobster- to describe and identify essential fish habitat (EFH); minimize to the extent practicable the adverse effects of fishing on EFH; and encourage conservation and management of EFH. This proposed rule would establish additional habitat areas of particular concern (HAPCs), restrict fishing activities within HAPCs to protect EFH, and require a weak link in bottom trawl gear to protect EFH. The intended effect of this proposed rule is to facilitate long-term protection of EFH and, thus, better conserve and manage fishery resources in the Gulf of Mexico.

On September 12, 2005, a notice of public hearings by the Mid- Atlantic Fishery Management Council was announced in the Federal Register. That document contained an error in relation to the comment acceptance period under the DATES heading. This document corrects that error. All other information remains the same.

Due to the mandatory evacuation of the Florida Keys for Hurricane Rita, NMFS is cancelling a public hearing on the draft Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and proposed rule that was scheduled for September 21, 2005, in Key West, FL. NMFS intends to reschedule the Key West public hearing at a later date. The draft Consolidated HMS FMP and the proposed rule describe a range of management measures that could impact fishermen and dealers for all HMS fisheries.

The Gulf of Mexico Fishery Management Council to convene a joint meeting of the Standing and Special Reef Fish Scientific and Statistical Committees (SSCs).

The Gulf of Mexico Fishery Management Council to convene a meeting of its Ad Hoc Red Snapper Advisory Panel (AHRSAP).

The Pacific Fishery Management Council's (Council) Salmon Technical Team (STT) and Salmon Subcommittee (SSC) will hold a joint work session, which is open to the public.

The New England Fishery Management Council (Council) will hold a series of ten workshops to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Specifically, the Council will be soliciting information from fisheries stakeholders on topics relating to the potential incorporation of ecosystem-based approaches in New England fishery management. Recommendations from these workshops will be brought to the full Council for formal consideration and action, if appropriate.

NMFS announces a regulatory modification in the recreational fishery from the U.S.-Canada Border to Cape Alava, WA (Neah Bay Subarea). Effective Tuesday, August 30, 2005, the Neah Bay Subarea was modified to be open seven days per week. All other restrictions remain in effect as announced for 2005 ocean salmon fisheries, and by previous inseason actions. This action was necessary to conform to the 2005 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2005 annual management measures.

NMFS is rescinding the prohibition on retention of yellowfin sole in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2005 total allowable catch of yellowfin sole in the BSAI and to allow vessels to retain yellowfin sole and reduce discards.

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.