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

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. Amendment 21 would modify the Fishery Management Plan for Bering Sea/ Aleutian Islands (BSAI) King and Tanner crabs (FMP) and the Program to alter the timing for harvesters and processors to match harvesting and processing shares and the timing for initiating arbitration proceedings incorporated in the Program to resolve price and other delivery disputes among harvesters and processors. This action is intended to promote the goals and objectives of the Magnuson-Stevens Act, the FMP, and other applicable laws.

Notice is hereby given that South Carolina Department of Natural Resources (SCDNR), Marine Resources Division, P.O. Box 12559, Charleston, S.C. 29422-2559, has requested a modification to scientific research Permit No. 1540.

This notice announces the Secretary of Commerce's approval of Federal Information Processing Standard (FIPS) Publication 201-1, Standard for Personal Identity Verification of Federal Employees and Contractors. The changes to Section 2.2, PIV Identify Proofing and Registration Requirements, Section 4.3, Cryptographic Specifications, Section 5.2, PIV Identity Proofing and Registration Requirements, and to Section 5.3.1, PIV Card Issuance, clarify the identity proofing and registration process that departments and agencies should follow when issuing identity credentials. These changes are needed to make FIPS 201-1 consistent with the Memorandum for All Departments and Agencies (M-05-24), issued by the Office of Management and Budget on August 5, 2005, Implementation of Homeland Security Presidential Directive (HSPD) 12Policy for a Common Identification Standard for Federal Employees and Contractors.

This notice announces the date and location of the public meeting being held prior to the 58\th\ annual International Whaling Commission (IWC) meeting.

NMFS announces that it is considering, and is seeking public comment on, proposed rulemaking to control future access to the open access charter and party boat (charter/party) fishery in the NE multispecies fishery if a management regime is developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to limit the number of participants in this sector of the NE multispecies fishery. This sector of the fishery includes vessels with open access charter/party permits, as well as limited access NE multispecies permits, while not on a NE multispecies day-at-sea (DAS). This announcement is intended, in part, to promote awareness of potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the New England Fishery Management Council (Council) considers whether and how access to the charter/party fishery should be controlled.

On April 1, 2005, the Department of Commerce (``the Department'') initiated sunset reviews of the antidumping duty (``AD'') orders on brass sheet and strip from Brazil and Canada and the countervailing duty (``CVD'') order on brass sheet and strip from Brazil. See Initiation of Five-year (``Sunset'') Reviews, 70 FR 16800 (April 1, 2005). Pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the International Trade Commission (``the ITC'') determined that revocation of these orders would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Brass Sheet and Strip from Brazil, Canada, France, Germany, Italy, and Japan, 71 FR 14719 (March 23, 2006) (``ITC Final''). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the AD orders on brass sheet and strip from Brazil and Canada and the CVD order on brass sheet and strip from Brazil.

The Department of Commerce (``the Department'') is extending the time limit for the preliminary results of the review of petroleum wax candles (``candles'') from the People's Republic of China (``PRC''). This review covers the period August 1, 2004, through July 31, 2005.

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 purpose of this document is to advise the public that NOAA's Office of Civil Rights is soliciting proposals from non-profit organizations to design and provide administrative services for NOAA- sponsored internship program aimed at providing training, educational, and research opportunities to faculty, as well as graduate and undergraduate students pursuing degrees related to NOAA's mission. NOAA is seeking applicants with the capacity to design and implement a program that will improve NOAA's outreach and recruitment efforts of underrepresented individuals in the scientific mission-related occupational fields, i.e., fishery biology, environmental law, meteorology, cartography, oceanography, hydrology, computer science, ecology, environmental economics, and engineering. When implemented, the program will provide both student and faculty member participants with stipends, housing assistance, and limited travel expenses. Applicants to design and implement the program must demonstrate a focused and effective outreach and recruitment strategy targeting minority serving institutions and others. It is expected that approximately $250,000 to $300,000 annually will be available for the project.

The United States Patent and Trademark Office (Office) is proposing changes to the rules of practice relating to ex parte and inter partes reexamination. The Office is proposing to provide for a patent owner reply to a request for an ex parte reexamination or an inter partes reexamination prior to the examiner's decision on the request. The Office is also proposing to prohibit supplemental patent owner responses to an Office action in an inter partes reexamination without a showing of sufficient cause. The Office additionally proposes to designate the correspondence address for the patent as the correct address for all communications for patent owners in an ex parte reexamination or an inter partes reexamination, and to simplify the filing of reexamination papers by providing for the use of a single ``mail stop'' address for the filing of substantially all ex parte reexamination papers (such is already the case for inter partes reexamination papers). The Office is further proposing to make miscellaneous clarifying changes as to terminology and applicability of the reexamination rules. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before May 30, 2006. No public hearing will be held.

This proposed rule would implement additional handling, release, and disentanglement requirements for sea turtles and other non-target species caught in the shark bottom longline (BLL) fishery. These requirements are intended to reduce post hooking mortality of sea turtles and other non-target species, which is an objective of Amendment 1 to the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS FMP) published on December 24, 2003. This proposed rule would also implement management measures that are consistent with those implemented by the Caribbean Fishery Management Council (CFMC) on October 28, 2005. These complementary management measures are intended to minimize adverse impacts to Essential Fish Habitat (EFH) for reef-dwelling species. The proposed rule would apply to all participants in the Atlantic shark fishery.

NMFS announces a meeting of the General Advisory Committee to the U.S. Section to the IATTC on April 11, 2006, via telephone conference call.

NMFS announces that the Administrator, Northeast (NE) Region, NMFS (Regional Administrator), is removing the Georges Bank (GB) yellowtail flounder trip limit for NE multispecies days-at-sea (DAS) vessels fishing in the U.S./Canada Management Area. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan and is intended to prevent under- harvesting of the Total Allowable Catch (TAC) for GB yellowtail flounder while ensuring that the TAC will not be exceeded during the 2005 fishing year. This action is being taken to provide additional opportunities for vessels to fully harvest the GB yellowtail flounder TAC under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

We (NMFS) have completed an updated Endangered Species Act (ESA) status review of steelhead (Oncorhynchus mykiss) populations in the Puget Sound area (Washington). We initiated this review in response to a petition received from Mr. Sam Wright on September 13, 2004, to list Puget Sound steelhead as a threatened or endangered species. We have determined that naturally spawned winter- and summer-run steelhead populations and two hatchery steelhead stocks, below natural and manmade impassable barriers, in the river basins of the Strait of Juan de Fuca, Puget Sound, and Hood Canal (Washington) constitute a Distinct Population Segment (DPS) and hence a ``species'' for listing consideration under the ESA. After reviewing the best available scientific and commercial information, evaluating threats facing the species, and taking into account those efforts being made to protect the species, we conclude that the Puget Sound steelhead DPS is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Therefore, we are proposing that the Puget Sound steelhead DPS be listed under the ESA as a threatened species. We will announce the timing and location of a public hearing to be held in the Puget Sound area, and propose 4(d) protective regulations and critical habitat for the Puget Sound steelhead DPS in subsequent Federal Register notices. We are soliciting public comment on this proposed listing determination, as well as any other information relevant to the designation of critical habitat and the promulgation of 4(d) protective regulations for the Puget Sound steelhead DPS.

Notice is hereby given that the Alaska SeaLife Center (ASLC), P.O. Box 1329, Seward, Alaska 99664 (Dr. Shannon Atkinson, Principal Investigator), has been issued a permit to conduct scientific research on captive Steller sea lions (Eumetopias jubatus).

On February 24, 2006, the Department of Commerce (the Department) published a notice in the Federal Register announcing the initiation of an administrative review of the antidumping duty order on prestressed concrete steel wire strand from Thailand, covering the period January 1, 2005, to December 31, 2005. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews, Thailand: Prestressed Concrete Steel Wire Strand, 71 FR 9519 (February 24, 2006). The review covers Siam Industrial Wire Co. Ltd. (SIW). We are now rescinding this review as a result of SIW's timely withdrawal of its request for an administrative review.

On February 1, 2006, in response to a timely request from the American Honey Producers Association and the Sioux Honey Association (Petitioner), the Department of Commerce (the Department) initiated an administrative review of the countervailing duty order on honey from Argentina. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 71 FR 5241 (February 1, 2006) (Initiation Notice). This administrative review covered the period January 1, 2005 through December 31, 2005. We are now rescinding this review as a result of Petitioner's withdrawal of its requests for an administrative review of this order.

The Department of Commerce is revoking the countervailing duty order on stainless steel plate in coils from Italy because we have concluded that substantially all domestic producers lack interest in the relief provided by this order.

On February 1, 2006, the Department of Commerce (``the Department'') initiated the sunset reviews of the antidumping duty (``AD'') orders on grain-oriented electrical steel (``GOES'') from Italy and Japan and of the countervailing duty (``CVD'') order on GOES from Italy. (See 70 FR 5243). Because the domestic interested parties did not participate in these sunset reviews, the Department is revoking these AD and CVD orders.

NMFS proposes recreational management measures for the 2006 summer flounder, scup, and black sea bass fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the upcoming fishing year and to provide an opportunity for public comment. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources.

In response to requests from Niples Del Norte S.A. de C.V. (``NDN''), Hylsa S.A. de C.V. (``Hylsa''), Mueller Comercial de Mexico, S. de R.L. de C.V (``Mueller'') and Productos Laminados de Monterrey, S.A. de C.V (``Prolamsa''), four Mexican manufacturers of circular welded non-alloy steel pipe, and Southland Pipe Nipples Co., Inc. (``Southland''), an interested party, the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on circular welded non-alloy steel pipe from Mexico. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 70 FR 76024 (December 22, 2005). This administrative review covered the period November 1, 2004, through October 31, 2005. We are now rescinding this review due to requests by parties to withdraw from the review and the Department's determination that Prolamsa did not have shipments of subject merchandise during the period of review.

The National Oceanic and Atmospheric Administration (NOAA) has published two omnibus notices announcing an availability of grant funds for Fiscal Year 2006. The purpose of those notices was to provide the general public with a consolidated source of program and application information related to NOAA's competitive grant offerings. In those announcements, it was noted that additional program initiatives unanticipated at the time of the publication of this notice may be announced later in the year. This is such an announcement, for grant funding opportunities now being offered by programs within the NOAA Office of Oceanic and Atmospheric Research. Applicants must comply with all requirements contained in the full funding opportunity announcements for each project competition in this announcement.

The Western Pacific Fishery Management Council (Council) will hold a meeting of the Coral Reef Ecosystem Plan Team (CREPT) in Honolulu, HI to discuss development of annual reports for coral reef ecosystem fisheries of the Western Pacific Region.