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

On February 17, 2006, a final rule was published in the Federal Register implementing revisions to the 2006 commercial and recreational groundfish fishery management measures for groundfish taken in the U.S. (exclusive economic zone) EEZ off the coasts of Washington, Oregon, and California. This final rule contained an error in the amendatory language for instruction 2.

NMFS announces that the percentage of the tilefish annual total allowable landings (TAL) available to the Part-time permit category for the 2006 fishing year has been harvested. Commercial vessels fishing under the Part-time tilefish category may not harvest tilefish from within the Golden Tilefish Management Unit for the remainder of the 2006 fishing year (through October 31, 2006). Regulations governing the tilefish fishery require publication of this notification to advise the public of this closure.

We, NOAA's National Marine Fisheries Service (NMFS), intend to review the status of the Cook Inlet beluga whale pursuant to the ESA to determine if this group of beluga whales should be listed as an endangered or threatened species. We previously reviewed the status of these whales in 1998, and in 2000 concluded that a listing under the ESA was not warranted at that time. We solicit information to be used in reassessing the status of the Cook Inlet beluga whale.

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that a 1-year letter of authorization (LOA) has been issued to the 30th Space Wing, U.S. Air Force, to harass seals and sea lions incidental to rocket and missile launches on Vandenberg Air Force Base (VAFB), California.

The Department of Commerce (the ``Department'') has determined that a request for a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam''), received before February 28, 2006, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') of this new shipper review is July 16, 2004, through January 31, 2006.

NMFS is closing the shallow-set pelagic longline fishery north of the equator for all vessels registered under the Hawaii longline limited access program. This action is necessary to comply with regulations that govern the pelagic fisheries of the western Pacific region that establish maximum annual limits on the numbers of interactions that occur between longline fishing gear and sea turtles. The 2006 annual limit on physical interactions between longline fishing and sea turtles has been reached, so the fishery must be closed for the remainder of the calendar year.

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 2006 A season total allowable catch (TAC) of Pacific cod to be harvested.

The Department of Commerce (``Department'') has determined that a request to conduct a new shipper review of the antidumping duty order on frozen warmwater shrimp from the People's Republic of China (``PRC''), received on February 22, 2006, meets the statutory and regulatory requirements for initiation. Therefore, in accordance with 19 CFR 351.214(d), we are initiating a new shipper review for Hai Li Aquatic Co., Ltd. Zhao An, Fujian (also known as Haili Aquatic Co. Ltd. Zhaoan, Fujian) (``Hai Li''). The period of review (``POR'') for this new shipper review is July 16, 2004, through January 31, 2006.\1\

This notice announces receipt of an application for an exempted fishing permit (EFP) from the Alaska Longline Fishermen's Association (ALFA). If granted, the EFP would support a project to develop hook-and-line, troll, and jig techniques specific to the harvest of several rockfish species in the Gulf of Alaska (GOA), Southeast Outside District (SEO). This project is intended to promote the objectives of the Fishery Management Plan for Groundfish of the GOA by improving utilization of the rockfish resources in the SEO. The project also would provide important biological information about rockfish in the SEO.

On March 17, 2006, the binational panel issued its decision in the review of the final results of the countervailing duty determination made by the International Trade Administration (ITA) respecting Certain Softwood Lumber Products from Canada (Secretariat File No. USA-CDA-2002-1904-03) affirmed the re-determination on remand of the Department of Commerce. A copy of the complete panel decision is available from the NAFTA Secretariat.

Notice is hereby given that permits to conduct scientific research on marine mammals have been issued to Dr. Alejandro Acevedo- Gutierrez, Biology Department, Western Washington University, Bellingham, Washington (File No. 1070-1783); and the Alaska Department of Fish and Game, Division of Wildlife Conservation, Juneau, Alaska (File No. 358-1787).

NMFS proposes to establish target total allowable catch (TAC) levels for the monkfish fishery for the 2006 fishing year (FY), adjust trip limits, and establish days-at-sea (DAS) restrictions for limited access monkfish vessels fishing in the Southern Fishery Management Area (SFMA) based upon the annual target TAC setting, trip limit, and DAS adjustment methods established in Framework Adjustment 2 (Framework 2) to the Monkfish Fishery Management Plan (FMP). The proposed action is necessary to comply with the rebuilding plan established in the FMP and modified in Framework 2. The intent of this action is to help eliminate overfishing and rebuild the monkfish resource in accordance with Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) requirements.

In response to a request by LDR Industries, Inc. and Beijing Sai Lin Ke Hardware Co., Ltd., the U.S. Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on certain malleable iron pipe fittings from the People's Republic of China with respect to Beijing Sai Lin Ke Hardware Co., Ltd. No other interested party requested a review. The period of review is December 1, 2004, through November 30, 2005. On February 13, 2006, LDR Industries, Inc. and Beijing Sai Lin Ke Hardware Co., Ltd. withdrew their request for an administrative review of Beijing Sai Lin Ke Hardware Co., Ltd. Accordingly, the Department is now rescinding the administrative review of Beijing Sai Lin Ke Hardware Co., Ltd.

On February 8, 2006, the U.S. Department of Commerce (the Department) published a notice of preliminary results of changed circumstances reviews with the intent to revoke, in part, the antidumping duty orders on certain corrosion-resistant carbon steel flat products (corrosion-resistant steel) from Canada and Germany, as described below. See Preliminary Results of Antidumping Duty Changed Circumstances Reviews And Notice of Intent to Revoke Orders in Part: Certain Corrosion-Resistant Carbon Steel Flat Products from Canada and Germany, 71 FR 6447 (February 8, 2006) (Preliminary Results). In our Preliminary Results, the Department invited interested parties to comment on the request to exclude ``wear plate'' (described below) from the scope of these orders. The Department received no comments. The Department concludes that producers accounting for substantially all of the production of the domestic like product to which these orders pertain lack interest in the relief provided by these orders with respect to wear plate because the domestic parties: 1) made an affirmative statement of no interest in the continuation of the orders with respect to that merchandise; and 2) did not comment on the Preliminary Results, in which the Department stated its intent to revoke the order with respect to this merchandise. Therefore, the Department concludes that it is appropriate to revoke these orders, in part, with respect to unliquidated entries of wear plate, not subject to the final results of an administrative 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.

The U.S. Travel and Tourism Advisory Board (Board) will hold a meeting to discuss a Gulf Coast Recovery Plan and a Travel and Tourism Strategic Plan. The Board was established on October 1, 2003, and reconstituted on October 1, 2005, to advise the Secretary of Commerce on matters relating to the travel and tourism industry.

On September 13, 2005, the Department of Commerce (the ``Department'') published in the Federal Register the preliminary results of the first administrative review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam''). See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Preliminary Results and Preliminary Partial Rescission of Antidumping Duty Administrative Review, 70 FR 54007 (September 13, 2005) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results. As a result, we made changes to the dumping margin calculations for the final results. See Memorandum to the File from Irene Gorelik, Analyst, through Alex Villanueva, Program Manager; Analysis for the Final Results of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Vinh Hoan Company Ltd. (``Vinh Hoan''), dated March 13, 2006 (``Vinh Hoan Final Analysis Memo''); see also Memorandum to the File from Javier Barrientos, Analyst, through Alex Villanueva, Program Manager; Analysis for the Final Results of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Can Tho Agricultural and Animal Products Import Export Company (``CATACO''), dated March 13, 2006 (``CATACO Final Analysis Memo'').

NMFS proposes regulations implementing Amendment 20 to the Fishery Management Plan for Bering Sea/Aleutian Islands (BSAI) King and Tanner crabs (FMP). This proposed action would amend the BSAI Crab Rationalization Program (hereinafter referred to as the Program). If approved, Amendment 20 and this action would modify the allocation of harvesting shares and processing shares for Bering Sea Tanner crab Chionoecetes bairdi (Tanner crab) to allow this species to be managed as two separate stocks. This proposed action is necessary to increase resource conservation and economic efficiency in the crab fisheries that are subject to the Program. This action 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 law.

NMFS is providing notice that it is increasing the number of fisheries for which the Marine Mammal Authorization Program (MMAP) registration is integrated with existing state and Federal fishery licensing and permitting programs. NMFS is integrating MMAP registration for state fisheries permitted through the states of North Carolina, South Carolina, Georgia, Florida, Louisiana, Alabama, Mississippi, Texas, Puerto Rico, and the U.S. Virgin Islands.

On February 13, 2006, the Department of Commerce (the Department) published its final results of the eleventh administrative review for certain corrosion-resistant carbon steel flat products (CORE) from the Republic of Korea (Korea) for the period from August 1, 2003 through July 31, 2004. See Notice of Final Results of the Eleventh Administrative Review of the Antidumping Duty Order on Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea, 71 FR 7513 (February 13, 2006), (Final Results). We are amending our Final Results to correct a ministerial error made in the calculation of the dumping margin for Union Steel Manufacturing Co., Ltd. (Union), pursuant to section 751 (h) of the Tariff Act of 1930, as amended (the Act).