Department of Commerce February 2006 – Federal Register Recent Federal Regulation Documents

On October 11, 2005, the United States Court of Appeals for the Federal Circuit (``CAFC'') affirmed the ruling of the United States Court of International Trade (``CIT''), sustaining the final results of administrative reviews issued by the Department of Commerce (the Department) on September 12, 2002, and the Department's February 6, 2003 remand redetermination. Because all litigation in this matter has concluded, we are correcting certain ministerial errors identified during a court remand redetermination. The period of review (``POR'') for these administrative reviews is February 1, 2000, through January 31, 2001.

The Department of Commerce (the Department) is conducting administrative reviews of the countervailing duty (CVD) orders on low enriched uranium (LEU) from Germany, the Netherlands, and the United Kingdom (UK) for the period January 1, 2004, through December 31, 2004. For information on the net subsidy for the reviewed companies, please see the ``Preliminary Results of Reviews'' section of this notice. In addition, we preliminarily determine that the Governments of Germany, the Netherlands, and the UK have met the requirements for revocation of these CVD orders. For further information, please refer to the ``Revocation of the Orders'' section of this notice. Interested parties are invited to comment on these preliminary results. See the ``Public Comment'' section of this notice.

The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel (LEAP).

The National Institute of Standards and Technology (NIST) invites interested parties to attend a one-day Residential Fire Suppression Research Needs Workshop. The Workshop will provide a forum to discuss test methods, technologies, and R&D that can significantly improve residential fire protection through the development of science- based methods that test the performance of fire suppression technology with emphasis on residential kitchen applications. The Workshop program will include experts from the standards, hardware manufacturer, testing and fire service communities, and those doing research on fire suppression, speaking on today's fire safety challenges. The workshop will be held April 11, 2006 from 8 a.m. to 5 p.m. The goal of the workshop is to identify barriers that impede advances in the application of localized suppression systems in residences. In this regard, the Workshop will explore: Residential Fire Trends Developments in Suppression System Technologies Characterization of the Performance of Suppression Systems The Role of Federal Agencies and Standards Committees Opportunities for Collaboration We expect this workshop to provide a strong foundation for follow- on efforts among government agencies, industry, and academia to Identify/define research needs on Residential Fire Suppression Develop performance standards Demonstrate performance metrics Due to space limitations, attendance will be limited to 45 registered participants. Participants will be registered on a first come first serve basis. Attendees must pre-register; there will be no same-day registrations.

The Advisory Committee on Commercial Remote Sensing (ACCRES) will meet March 10, 2006.

NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the first seasonal apportionment of the 2006 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA has been reached.

NMFS has received an application from ASRC Energy Services, Lynx Enterprises, Inc. (AES Lynx) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting on-ice vibroseis seismic operations in the Harrison Bay portion of the western U.S. Beaufort Sea in late winter/early spring (March through May 20, 2006). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to AES Lynx to incidentally take, by harassment, small numbers of two species of pinnipeds for a limited period of time this year.

Congress amended the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to require the Secretary of Commerce (Secretary) to approve the Bering Sea/Aleutian Islands (BSAI) Crab Rationalization Program (Program). The Program allocates BSAI crab resources among harvesters, processors, and coastal communities. The Program was implemented by Amendments 18 and 19 to the Fishery Management Plan for BSAI King and Tanner Crabs (FMP). Amendment 20 would modify the FMP and the Program to increase resource conservation and improve economic efficiency in the Chionoecetes bairdi crab (Tanner crab) fisheries that are subject to the Program. This action is intended to promote the goals and objectives of the Magnuson-Stevens Act, the FMP, and other applicable laws.

NMFS issues 2006 specifications for the Atlantic bluefish fishery, including state-by-state commercial quotas, a recreational harvest limit, and recreational possession limits for Atlantic bluefish off the east coast of the United States. The intent of these specifications is to establish the allowable 2006 harvest levels and possession limits to attain the target fishing mortality rate (F), consistent with the stock rebuilding program in Amendment 1 to the Atlantic Bluefish Fishery Management Plan (FMP). This action will publish final specifications that are modified from those contained in the proposed rule.

Notice is hereby given that the Commonwealth of the Northern Mariana Islands, USA (CNMI), Division of Fish and Wildlife [Paul Hamilton, responsible official], P.O. Box 10007, Saipan, Mariana Islands 96950, has applied in due form for a permit to take green (Chelonia mydas), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

Ukraine has implemented economic and institutional reforms since gaining independence in 1991. The government of Ukraine (``GOU'') has undertaken substantial reforms relating to the factors examined by the Department of Commerce (``the Department'') under section 771(18)(B) of the Tariff Act of 1930, as amended (``the Act''). See memorandum to David Spooner from Lawrence Norton, Shauna Lee-Alaia, and Anthony Hill, Decision Memorandum Regarding Ukraine's Status as a Non- Market Economy Country for Purposes of the Antidumping Duty Law Under a Changed Circumstances Review of the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod from Ukraine (February 16, 2006) (``Decision Memorandum''). Based on the preponderance of evidence on reforms in Ukraine to date, analyzed as required under section 771(18)(B) of the Act, the Department determines that (1) revocation of Ukraine's non-market economy (``NME'') status under section 771(18)(B) of the Act is warranted, and (2) the effective date of this decision is February 1, 2006. Accordingly, Ukrainian producers and exporters will be subject, to the antidumping rules applicable to market economy countries with respect to the analysis of transactions occurring on or after February 1, 2006.

NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2006 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Western Regulatory Area of the GOA.

NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the offshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allocation of the 2006 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the offshore component of the Central Regulatory Area of the GOA.

NMFS is prohibiting directed fishing for Pacific cod by catcher/processor vessels using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season allowance of the 2006 total allowable catch (TAC) of Pacific cod specified for catcher/processor vessels using hook-and-line gear in the BSAI.

NMFS proposes initial 2006 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories and to set effort controls for the General category and Angling category. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS will hold public hearings to receive comments on these proposed actions.

Notice is hereby given that NMFS has received applications to renew and modify permits from U.S. Fish and Wildlife Service, Arcata, CA (Permit 1068). 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 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.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce has approved the revised management plan for the Kachemak Bay National Estuarine Research Reserve (Reserve). The Reserve was designated in 1999 pursuant to Section 315 of the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1461 and has been operating under the management plan approved as part of the designation document. Pursuant to 15 CFR 921.33(c), a state must revise their management plan every five years. The submission of this plan fulfills this requirement and sets a course for successful implementation of the goals and objectives of the reserve. The mission of the Kachemak Bay reserve management plan is to enhance understanding and appreciation of the Kachemak Bay estuary and adjacent waters to ensure these ecosystems remain healthy and productive through site-based estuarine research, stewardship and education. The management plan identifies six priority resource issues that are addressed through active management. These priority issues are (1) larval and juvenile fisheries recruitment and life history dynamics, (2) climate change, (3) coastal dynamics (natural and anthropogenic), including land use change, (4) natural hazards, (5) socioeconomics associated with coastal resources, and (6) public access. Kachemak Bay reserve's management plan addresses these issues with specific programs for resource management and protection, research and monitoring, education and training, public access and visitor use, program administration, and partnerships and regional coordination. The plan identifies management goals, priority resource management issues or threats that these goals must address, and specific strategies to accomplish these goals. The resource management and protection program addresses issues such as land acquisition and habitat restoration and protection. The reserve manages important habitats but any land acquisition of inholdings would be done by the state pursuant to existing management programs rather than by the reserve. The research and monitoring program supports process-oriented research focused on obtaining baseline knowledge of the Bay and its watershed, and expanding hydrographic and biological monitoring that can be used for long-term comparisons. Staff and visiting researchers conduct monitoring and research within the watersheds and boundaries of the reserve and use GIS to map critical habitats and hydrology and hydrodynamic processes. The education and training program at the reserve targets audiences of all ages and backgrounds for traditional, experiential, training and outreach opportunities. The education program is also upgrading and expanding the Reserve's exhibitry to better interpret scientific data collected by the Research program. The public access and visitor use program at the reserve includes working with partners to assess visitor needs and complement current public access as allowable. Visitor use policies are designed to provide for compatible use and protection of valuable natural resources. The administration program team ensures the staffing and budget necessary to carry out the goals and objectives of the plan. Situated within its parent agency, Division of Sport Fish of the Alaska Department of Fish and Game, the administrative staff develops stable funding and grant match opportunities.

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.