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

On April 4, 2005, the Department of Commerce (the Department) published a notice of initiation of changed circumstance review of the antidumping order on certain circular welded carbon steel pipes and tubes from Taiwan to determine whether Yieh Phui Enterprise, Ltd. (Yieh Phui) is a successor-in-interest to Yieh Hsing Enterprise, Ltd. (Yieh Hsing). See Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Initiation of Antidumping Duty Changed Circumstance Review, 70 FR 17063 (April 4, 2005) (Initiation Notice). On October 17, 2005, the Department published a notice of preliminary results of this changed circumstance review in which we preliminarily determined that Yieh Phui is the successor-in-interest to Yieh Hsing for purposes of determining antidumping liability. We gave interested parties the opportunity to comment after publication of the Preliminary Results. See Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Prelminary Results of Antidumping duty Changed Circumstance Review, 70 FR 60279 (October 17, 2005) (Preliminary Results). No comments were received; thus, the Department is adopting its preliminary determination for these final results.

The SEDAR assessments of the Gulf of Mexico stocks of vermilion snapper, greater amberjack, and gray triggerfish will consist of a series of three workshops: a Data Workshop, an Assessment Workshop, and a Review Workshop. This is the ninth SEDAR. The Data and Assessment workshops are completed. An additional workshop to complete the assessment will be held in December 2005 and the review workshop will be delayed until March 2006, see SUPPLEMENTARY INFORMATION.

NMFS issues a proposed rule that would implement Amendment 69 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). Amendment 69, if approved, would amend the manner in which the total allowable catch (TAC) for the ``other species'' complex is annually determined in the Gulf of Alaska (GOA). The FMP amendment would allow the TAC amount for the ``other species'' complex to be set less than or equal to 5 percent of the sum of groundfish targets species in the GOA. This proposed rule would revise the maximum retainable amount (MRA) of ``other species'' in the directed arrowtooth flounder fishery from 0 to 20 percent. This action would allow conservation and management of species within the ``other species'' category and is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the FMP, and other applicable laws.

On July 22, 2005, the Department of Commerce (``the Department'') published the preliminary results and partial rescission of the eighth administrative review and revocation of the antidumping duty order in part, for the antidumping duty order on certain pasta from Italy. The review covers six manufacturers/exporters: (1) Barilla G.e.R. Fratelli, S.p.A. (``Barilla'') (formerly Barilla Alimentare, S.p.A.), (2) Corticella Molini e Pastifici S.p.A. and its affiliate Pasta Combattenti S.p.A. (``Corticella''), (3) Industrie Alimentare Colavita, S.p.A. (``Indalco''), (4) Pastificio F.lli Pagani S.p.A. (``Pagani''), (5) Pastificio Antonio Pallante S.r.L. and its affiliate Vitelli Foods LLC (``Pallante''), and (6) Pastificio Riscossa F.lli Mastromauro, S.r.L. (``Riscossa''). The period of review (``POR'') is July 1, 2003, through June 30, 2004. As a result of our analysis of the comments received, these final results differ from the preliminary results. We have also determined to revoke the antidumping duty order with respect to subject merchandise produced and also exported by Pallante because the company sold the subject merchandise at not less than normal value (``NV'') for a period of at least three consecutive years. See 19 CFR 351.222(b)(2) and the ``Revocation'' section of this notice. The final results are listed in the ``Final Results of Review'' section below.

NMFS issues this 30-day temporary rule to allow shrimp fishermen to continue to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in inshore and offshore waters from the Florida/Alabama border, westward to the boundary shared by Matagorda and Brazoria Counties, Texas, and extending offshore 20 nautical miles. The previous 30-day variances of the TED requirements were from September 23 through October 23, 2005; October 11 through November 10, 2005; and from October 22 through November 23, 2005, for waters affected by Hurricanes Katrina and Rita. These variances were for 50 nautical miles offshore. After an investigation, NMFS has determined that excessive debris is still affecting fishermen's ability to use TEDs effectively; however, the debris field has decreased to approximately 20 nautical miles offshore. This action is necessary because environmental conditions resulting from Hurricanes Katrina and Rita persist on the fishing grounds, preventing some fishermen from using TEDs effectively.

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.

The Trawl Survey Advisory Panel, composed of representatives from the National Marine Fisheries Service's Northeast Fisheries Science Center (NEFSC), the Mid-Atlantic Fishery Management Council (MAFMC), the New England Fishery Management Council (NEFMC), and several independent scientific researchers, will hold a public meeting.

The SEDAR assessments of the Gulf of Mexico stock of gag grouper and the South Atlantic stock of gag grouper will consist of a series of three workshops: a Data Workshop, an Assessment Workshop, and a Review Workshop. This is the tenth SEDAR. See SUPPLEMENTARY INFORMATION.

The Western Pacific Fishery Management Council (Council) will hold its 130\th\ meeting to consider and take action on fishery ecosystem plans for the Western Pacific Region. The Council will also hold public hearings throughout Hawaii the week prior to its 130th meeting, as well as during the 130\th\ meeting.

This final rule amends regulations of the U.S. Department of Commerce, Bureau of Economic Analysis (BEA), for the BE-11, Annual Survey of U.S. Direct Investment Abroad. The BE-11 survey is conducted annually and is a sample survey that obtains financial and operating data covering the overall operations of nonbank U.S. parent companies and their nonbank foreign affiliates. To address the current needs of data users while at the same time keeping the respondent burden as low as possible, BEA is modifying, adding, or deleting items on the survey forms and in the reporting criteria. Most of the changes will bring the BE-11 forms and related instructions into conformity with the 2004 BE-10, Benchmark Survey of U.S. Direct Investment Abroad.

The Gulf of Mexico Fishery Management Council (Council) will convene a task force comprised of Council members, Council staff, and Scientific and Statistical Committee (SSC) members via conference call to address the operations of the SSC governing their activities.

NMFS has received an application from the Washington Department of Fish and Wildlife (WDFW) for an incidental take permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The duration of the proposed Permit is 10 years. NMFS is furnishing this notice in order to allow other agencies and the public an opportunity to review and comment on the document. All comments received will become part of the public record and will be available for review pursuant to the ESA.

The Department of Commerce (the Department) hereby publishes a list of scope rulings completed between July 1, 2005, and September 30, 2005. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of September 30, 2005. We intend to publish future lists after the close of the next calendar quarter.

Notice is hereby given that Squalus, Inc., P.O. Box 301, Myakka City, FL 34251 has applied in due form for a permit to import four South American (Patagonian) sea lions (Otaria flavescens) for the purposes of public display.

NMFS announces that the 2005 summer flounder commercial quota available to Massachusetts has been projected to have been harvested. To maintain consistency between state and Federal waters, NMFS is announcing the closure of summer flounder in Federal waters to coincide with the closure announced by the Massachusetts Division of Marine Fisheries (MA DMF). Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2005, unless additional quota becomes available through a transfer. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts of the closure and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Massachusetts.

In response to requests from interested parties, the Department of Commerce is conducting an administrative review of the antidumping duty order on stainless steel bar from India for the period February 1, 2004, through January 31, 2005. The Department intends to rescind this review with respect to Ferro Alloys Corporation Limited after concluding that no entries of subject merchandise were made during the period of review.

As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') determined that revocation of the countervailing duty (``CVD'') order on top-of-the-stove stainless steel (``TOS'') cookware from Taiwan would not be likely to lead to continuation or recurrence of dumping or material injury to an industry in the United States, and the Department is publishing this notice of revocation of the CVD order.

NMFS issues this proposed rule to implement a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would establish a 6,000-lb (2,722-kg) commercial trip limit for shallow-water and deep- water grouper, combined, in the exclusive economic zone of the Gulf of Mexico. The intended effect of this proposed rule is to minimize the effects of derby fishing and prolong the fishing season.

NMFS publishes this final rule to implement the 2005 and 2006 management measures to prevent overfishing of the eastern tropical Pacific Ocean (ETP) tuna stocks, consistent with recommendations by the Inter-American Tropical Tuna Commission (IATTC) that have been approved by the Department of State (DOS) under the Tuna Conventions Act. The purse seine fishery for tuna in the ETP will be closed for a 6-week period beginning November 20, 2005, through December 31, 2005, and beginning November 20, 2006, through December 31, 2006. In this final rule, NMFS also announces that the longline fishery will close when a 150-mt limit has been reached. These actions are taken to limit fishing mortality on tuna stocks caused by purse seine fishing and longline fishing in the Convention Area and contribute to the long-term conservation of tuna stocks at levels that support healthy fisheries.