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

Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Judges Panel of the Malcolm Baldrige National Quality Award will meet Monday, November 14, 2005, 9 a.m. to 5:30 p.m.; Tuesday, November 15, 2005, 9 a.m. to 5:30 p.m.; Wednesday, November 16, 2005, 9 a.m. to 5:30 p.m.; Thursday, November 17, 2005, and Friday, November 18, 2005, 9 a.m. to 3 p.m. The Judges Panel is composed of ten members prominent in the field of quality management and appointed by the Secretary of Commerce. The purpose of this meeting is to review and make recommendations regarding the Malcolm Baldrige National Quality Award program, processes, and procedures within the guidelines set forth by the Baldrige Program's Board of Overseers.

On April 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the suspended antidumping duty investigation on ammonium nitrate from the Russian Federation (``Russia'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Notice of Initiation of Five-year (``Sunset'') Reviews, 70 FR 16800, (April 1, 2005) (``Initiation Notice''). On the basis of notices of intent to participate filed on behalf of domestic interested parties and adequate substantive comments filed on behalf of domestic and respondent interested parties, the Department is conducting a full (240-day) review. As a result of this review, the Department preliminarily finds that termination of the suspended antidumping duty investigation on ammonium nitrate from Russia would likely lead to continuation or recurrence of dumping at the levels indicated in the Preliminary Results of Review section of this notice.

The Department of Commerce publishes this final rule to adopt, without change, an interim final rule that implemented tariff rate quotas (TRQ) for a limited quantity of worsted wool fabrics pursuant to Title V of the Trade and Development Act of 2000 (``the Act'') as amended by the Trade Act of 2002 and the Miscellaneous Trade Act of 2004, (Pub. L. 108-429). Section 501(e) of the Act requires the President to fairly allocate TRQs on the import of certain worsted wool fabric. Section 504(b) of the Act authorizes the President to modify the limitations on worsted wool fabric imports under TRQs. The President has delegated to the Secretary of Commerce the authority to allocate the quantity of imports under the TRQs (specifically for wool products under HTS headings, 9902.51.11 and 9902.51.12) and to determine whether the limitations on the quantity of imports under the TRQs should be modified. This rule is necessary to implement the amendment to the Act included in the Miscellaneous Trade Act of 2004, (Pub. L. 108-429), which specifies which HTS categories may be allocated as TRQs and which eliminates Commerce's authority to modify these quotas.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Tuesday, November 8, 2005, from 8:30 a.m. to 12:45 p.m. and Wednesday, November 9, 2005, from 9 a.m. to 4 p.m. These times and the agenda topics described below are subject to change. Refer to the Web page https://www.sab.noaa.gov/ Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days at the Beacon Hotel, 1615 Rhode Island Avenue NW., Washington, DC 20036. Status: The meeting will be open to public participation with a 30- minute public comment period on November 8 from 12:15 p.m. to 12:45 p.m. (check Web site to confirm this time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments (at least 35 copies) should be received in the SAB Executive Director's Office by November 1, 2005 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after November 1 will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first-served basis. Matters To Be Considered: The meeting will include the following topics: (1) Discussion and approval of the Report of the ``Evaluation of NOAA's Response to the Research Review Report''; (2) Approval of NOAA Cooperative Institute (CI) Reviews (the CI for Climate and Ocean Research and the CI for Limnology and Ecosystems Research); (3) Briefings on NOAA's role related to Hurricanes Katrina and Rita; (4) Updates from the Reviews of NOAA Ecosystem Science and Research and of NOAA Physical and Social Sciences; (5) Briefing on the reauthorization of the Magnuson Stevens Fishery Conservation and Management ActUpdate on provisions in the Administration's proposed bill regarding science and data collection; and (6) Report on the Review of the National Sea Grant College Extension Program and a Call for Greater National Commitment to Engagement.

NMFS announces the end of the 2005 Pacific whiting (whiting) primary season for the catcher/processor sector at 1800 local time (l.t.) October 18, 2005, because the allocation for the catcher/ processor will be reached by that time. This action is intended to keep the harvest of whiting within the 2005 allocation levels.

On June 30, 2005, the Department of Commerce published a notice of initiation of antidumping and countervailing duty administrative reviews. The notice covered ball bearings and spherical plain bearings (SPBs) and parts thereof from France, Singapore, the United Kingdom, and Japan for the period May 1, 2004, through April 30, 2005. The Department is now rescinding the review of the orders on SPBs from France and ball bearings from Singapore and partially rescinding the review of the orders on ball bearings from the United Kingdom and Japan.

On September 16, 2005, the Department of Commerce published in the Federal Register the final results of the administrative reviews of the antidumping duty orders on ball bearings and parts thereof from France, Germany, Italy, Japan, Singapore, and the United Kingdom. The period of review is May 1, 2003, through April 30, 2004. Based on the correction of certain ministerial errors, we have changed the margins for Nippon Pillow Block Co., Ltd., and NSK Ltd. for the administrative review of ball bearings and parts thereof from Japan.

This final rule clarifies certain requirements and delays the effective date for the implementation of some of the measures specified in Framework 17 to the Atlantic Sea Scallop Fishery Management Plan (Framework 17), which was developed and submitted by the New England Fishery Management Council (Council) and approved by NMFS. The measures require that vessels issued a general category scallop permit, and that land or intend to land over 40 lb (18.14 kg) of shucked or 5 bu (176.2 L) of unshucked scallops, install and operate vessel monitoring systems (VMS) in order to provide more complete monitoring of the general category scallop fleet. Delay of the October 21, 2005, effective date is necessary to allow sufficient time for vessel owners to purchase, install, and activate VMS required under Framework 17. The new effective date is December 1, 2005.

The National Oceanic and Atmospheric Administration, National Ocean Service, publishes this notice to amend the competitive solicitation for the Ecological Forecasting (ECOFORE) program to provide an opportunity for commercial entities to submit proposals and to extend the solicitation period to provide the public more time to submit proposals.

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.

On September 14, 2005, the United States Court of International Trade (``CIT'') held void ab initio the Department of Commerce's (``the Department'') initiation of the sixth administrative review of the antidumping duty order with regard to PAM, S.p.A. and JCM, Ltd. (``PAM'') in all respects. See PAM S.p.A. & JCM, Ltd. v. United States, Court No. 04-00082, Slip. Op. 05-124 (CIT, Sept. 14, 2005) (``PAM v. United States''). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department is notifying the public that the PAM v. United States decision was ``not in harmony'' with the Department's original results.

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 polyethylene terephthalate (PET) film from Korea would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of this antidumping duty order.

The Department of Commerce (``Department'') is conducting new shipper antidumping duty reviews of freshwater crawfish tail meat from the People's Republic of China (``PRC'') in response to requests by respondents Shanghai Sunbeauty Trading Co., Ltd., (``Shanghai Sunbeauty''), Jiangsu Jiushoutang Organisms-Manufactures Co., Ltd., (``Jiangsu JOM''), and Qingdao Wentai Trading Co., Ltd., (``Qingdao Wentai''). These reviews cover shipments to the United States for the period September 1, 2004, to February 28, 2005, by these three respondents. For the reasons discussed below, we are extending the preliminary results of these new shipper reviews by an additional 120 days, to no later than February 23, 2006.

The National Oceanic and Atmospheric Administration, Oceanic and Atmospheric Research publishes this notice to reopen the competitive solicitation for the Ballast Water Technology Demonstration Program (Research, Development, Testing and Evaluation Facility).

On July 11, 2005, the U.S. Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping duty order covering carbon and certain alloy steel wire rod from Indonesia. See Carbon and Certain Alloy Steel Wire Rod from Indonesia; Preliminary Results of Antidumping Duty Administrative Review, 70 FR 39721 (July 11, 2005) (Preliminary Results). The merchandise covered by this order is carbon and certain alloy steel wire rod from Indonesia as described in the ``Scope of the Order'' section of this notice. The period of review (POR) is October 1, 2003, through September 30, 2004. We invited parties to comment on our Preliminary Results. Based on our analysis of the comments received, we made no changes to the margin calculation. Therefore, the final results do not differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of the Review.''

The New England Fishery Management Council (Council) is scheduling a public meeting of its Magnuson-Stevens Committee in November, 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 New England Fishery Management Council's (Council) Herring Oversight Committee along with the Atlantic States Marine Fishery Council (ASMFC) Herring Section will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS requests research proposals for fishing year 2006 (March 1, 2006 - February 28, 2007) to utilize portions of the total allowable catch (TAC) and Days-at-Sea (DAS) allowance in the Atlantic sea scallop fishery that have been set aside by the New England Fishery Management Council (Council) for sea scallop research endeavors under a research set-aside (RSA) program. The program provides a mechanism to fund research and compensate vessel owners through the sale of fish harvested under the research quota. Vessels participating in an approved research project may be authorized by the Administrator, Northeast Region, NMFS (Regional Administrator), to harvest and land species in excess of any imposed trip limit or to harvest and land during fishery closures. Landings from such trips would be sold to generate funds that would help defray the costs associated with research projects. No Federal funds will be provided for research under this notification.

Notice is hereby given that the NMFS, Southeast Fisheries Science Center (SEFSC), 75 Virginia Beach Drive, Miami, Florida 33149, has applied in due form for a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), and olive ridley (Lepidochelys olivacea) sea turtles for purposes of scientific research.

On May 10, 2005, the U.S. Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping order covering certain oil country tubular goods from Mexico. See Certain Oil Country Tubular Goods from Mexico; Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission, 70 FR 24517 (May 10, 2005) (Preliminary Results). The review covers producers Hylsa, S.A. de C.V. (Hylsa) and Tubos de Acero de Mexico, S.A. (Tamsa). The period of review (POR) is August 1, 2003, through July 31, 2004. We invited parties to comment on our Preliminary Results. Based on our analysis of comments received, we have made changes in the margin calculation. Therefore, the final results differ from the preliminary results. The final results are listed below in the ``Final Results of Review'' section.

This action reinstates the temporary regulations published in the Federal Register on September 9, 2005, and establishes the prohibition that was inadvertently omitted in the September 9, 2005 rule. In the September 9, 2005, temporary rule, NMFS continued the closure through September 30, 2005, of one portion of an area it had previously closed on June 16, 2005, to the harvest for human consumption of certain bivalve molluscan shellfish due to the presence in those waters of the toxin that causes Paralytic Shellfish Poisoning (PSP). The prohibition of harvesting whole or roe-on sea scallops, only, in the other portion of the area previously closed on June 16, 2005, was inadvertently omitted from the regulatory text of the September 9, 2005, publication. NMFS establishes this prohibition in this action. The intent of this action is to respond to the request of the U.S. Food and Drug Administration (FDA), having determined on September 23, 2005, that there is insufficient analytical data to support the scheduled reopening of the entire area to all bivalve molluscan shellfish fishing on October 1, 2005.

NMFS announces that it has approved the request of the State of New Jersey to transfer 36,333 lb (16,481 kg) of commercial summer flounder quota to the states of Maine, Connecticut, and New York, 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.