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

NOAA Research (OAR) publishes this notice on behalf of the NOAA Science Advisory Board (SAB) to announce the availability of the preliminary report of the SAB Hurricane Intensity Research Working Group (here called the HIRWG) external review of NOAA's Hurricane Intensity Research and Development Enterprise for public comment. The preliminary report of the HIRWG has been prepared pursuant to the request from the Under Secretary of Commerce for Oceans and Atmosphere to the SAB to conduct an external review of NOAA's Hurricane Intensity research and development enterprise.

Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Visiting Committee on Advanced Technology (VCAT), National Institute of Standards and Technology (NIST), will meet Tuesday, June 13, from 8:45 a.m. to 5 p.m. and Wednesday, June 14, from 9 a.m. to 11 a.m. The Visiting Committee on Advanced Technology is composed of fifteen members appointed by the Director of NIST who are eminent in such fields as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations. The purpose of this meeting is to review and make recommendations regarding general policy for the Institute, its organization, its budget, and its programs within the framework of applicable national policies as set forth by the President and the Congress. The agenda will include updates on NIST's activities, safety, strategic planning, and the NIST U.S. Measurement System project; a presentation on the vision for the Center for Nanoscale Science and Technology; a presentation on the NIST reconnaissance of Hurricane Katrina and Hurricane Rita; a VCAT Panel on How to Maximize NIST Impact on U.S. Innovation; and selected laboratory tours. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST Web site at https://www.nist.gov/director/vcat/agenda.htm.

The Western Pacific Fishery Management Council (Council) will hold its 133rd meeting to consider and take actions on fishery management issues in the Western Pacific Region.

The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings.

The Bureau of Industry and Security (BIS) is announcing the creation of a Federal Advisory Committee that will review and provide recommendations to the Department of Commerce on deemed export policy. The Deemed Export Advisory Committee (DEAC) will help ensure that the deemed export licensing policy most effectively protects national security while ensuring the U.S. continues to be at the leading edge of technological innovation. This notice also provides an overview of steps that BIS has taken to improve understanding of deemed export policy within academia and industry, including outreach activities conducted by BIS.

On March 7, 2006, the Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping order covering certain forged stainless steel flanges from India. See Certain Forged Stainless Steel Flanges From India: Notice of Preliminary Results of Antidumping Duty Administrative Review, 71 FR 11379 (March 7, 2006) (Preliminary Results). The merchandise covered by this order is certain forged stainless steel flanges as described in the ``Scope of the Order'' section of this notice. The period of review (POR) is February 1, 2004, through January 31, 2005. We invited parties to comment on our Preliminary Results. We received no comments. Therefore, the final results are unchanged from those presented in the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of the Review.''

The Gulf of Mexico Fishery Management Council will convene public meetings.

On December 29, 2005, the Department of Commerce (``the Department'') published its preliminary determination of sales at less than fair value (``LTFV'') and preliminary determination of partial affirmative critical circumstances in the antidumping investigation of certain diamond sawblades and parts thereof (``diamond sawblades'') from the People's Republic of China (``PRC''). The period of investigation (``POI'') is October 1, 2004, through March 31, 2005. The investigation covers four manufacturers/exporters which are mandatory respondents and twenty-one separate rate applicants. We invited interested parties to comment on our preliminary determination of sales at LTFV and partial affirmative critical circumstances. Based on our analysis of the comments we received, we have made changes to our calculations for certain of the mandatory respondents and the weight- averaged margins for the separate rate applicants.\1\ We have also granted a separate rate to four additional applicants. The final dumping margins for this investigation are listed in the ``Final Determination Margins'' section below.

NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator) is allocating, using the formula implemented by Framework Adjustment (FW) 40B, zero trips into the CA II Yellowtail Flounder SAP for the 2006 NE multispecies fishing year (FY). The intent of this action is to provide a sustainable fishery throughout FY 2006.

This final rule establishes the 2006 fishery specifications for Pacific whiting (whiting) in the U.S. exclusive economic zone (EEZ) and state waters off the coasts of Washington, Oregon, and California, as authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP). It also adjusts the bycatch limits in the whiting fishery. This Federal Register document also corrects the final rule implementing the specifications and management measures, which was published December 23, 2004. These specifications include the level of the acceptable biological catch (ABC), optimum yield (OY), tribal allocation, and allocations for the non-tribal commercial sectors. The intended effect of this action is to establish allowable harvest levels of whiting based on the best available scientific information.

In response to requests from interested parties, the Department of Commerce is conducting an administrative review of the antidumping duty order on stainless steel wire rods from India for the period December 1, 2004, through November 30, 2005. The Department of Commerce intends to rescind this review with respect to Viraj Alloys, Ltd., Viraj Forgings, Ltd., Viraj Impoexpo, Ltd., Viraj Smelting, Viraj Profiles, and VSL Wires, Ltd., and Mukand Limited after concluding that there were no entries of merchandise subject to the order during the period of review.

In accordance with the National Voluntary Laboratory Accreditation Program (NVLAP) regulations, the National Institute of Standards and Technology (NIST) is announcing that the NVLAP Chemical Calibration, Providers of Proficiency Testing Program (PPT) will be terminated, effective at the close of business on September 30, 2006. For further information, interested parties may contact Mr. C. Douglas Faison at the address below.

NMFS amends the regulations governing the North and South Atlantic swordfish fisheries to modify the North and South Atlantic Swordfish quotas for the 2005 fishing year (Junej 1, 2005, through May 31, 2006) to account for updated landings information from the 2003 and 2004 fishing years. This action is necessary to ensure that current quotas are based on the most recent landings information and account for any underharvest from previous fishing years, consistent with the regulations at 50 CFR part 635. Additionally, this action implements a subsequent recommendation by the International Commission for the Conservation of Atlantic Tuna (ICCAT)(Recommendation 04-02) to extend the 2005 North Atlantic swordfish management measures.

On February 22, 2006, the United States Court of International Trade (CIT) issued an order affirming the Department of Commerce's (Department) Final Results of Redetermination Pursuant to Court Remand filed by the Department of Commerce on December 2, 2003 (Redetermination). See Nippon Steel Corporation v. United States, SLIP OP. 06-23 (CIT 2006). The remand redetermination arose out of the final determination of sales at less than fair value in the antidumping duty investigation of hot-rolled flat-rolled carbon-quality steel products from Japan. Because all litigation in this matter has now concluded, the Department is issuing its amended final determination in accordance with the CIT's decision.

NMFS issues this proposed rule to implement Amendment 18A to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (Amendment 18A) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would prohibit vessels from retaining reef fish caught under the recreational size and bag/ possession limits when commercial quantities of Gulf reef fish are on board; adjust the number of persons allowed onboard when a vessel with both commercial and charter vessel/headboat reef fish permits and a Certificate of Inspection (COI) is fishing commercially; prohibit use of Gulf reef fish, except sand perch or dwarf sand perch, as bait in any commercial or recreational fishery in the exclusive economic zone (EEZ) of the Gulf of Mexico, with a limited exception for crustacean trap fisheries; require a NMFS-approved vessel monitoring system (VMS) on board vessels with Federal commercial permits for Gulf reef fish, including charter vessels/headboats with such commercial permits; and require owners and operators of vessels with Federal commercial or charter vessel/headboat permits for Gulf reef fish to comply with sea turtle and smalltooth sawfish release protocols, possess on board specific gear to ensure proper release of such species, and comply with guidelines for proper care and release of incidentally caught sawfish and sea turtles. NMFS is also proposing to require annual permit application rather than application every 2 years (biennial). In addition, Amendment 18A would revise the total allowable catch (TAC) framework procedure to reflect current practices and terminology. The intended effects of this proposed rule are to improve enforceability and monitoring in the reef fish fishery in the Gulf of Mexico and to reduce mortality of incidentally caught sea turtles and smalltooth sawfish.

On April 27, 2006, the Office of the United States Trade Representative filed a Request for an Extraordinary Challenge Committee to review decisions as stated above with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Committee review was requested of the final affirmative countervailing duty determination made by the International Trade Administration, respecting Certain Softwood Lumber Products From Canada. These determinations were published in the Federal Register. The NAFTA Secretariat has assigned Case Number ECC-2006-1904-01USA to this request.

On January 10, 2006, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty (CVD) order on certain hot-rolled carbon steel flat products from India for the period January 1, 2004, through December 31, 2004. See Notice of Preliminary Results of Countervailing Duty Administrative Review: Certain Hot- Rolled Carbon Flat Products from India, 71 FR 1512 (January 10, 2006) (Preliminary Results). The Department has now completed the administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Based on our analysis of the comments received, the Department has revised the net subsidy rate for Essar Steel Ltd. (Essar), the producer/exporter of subject merchandise covered by this review. For further discussion of our analysis of the comments received for these final results, see the May 10, 2006, Issues and Decision Memorandum from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to David M. Spooner, Assistant Secretary for Import Administration, concerning the Final Results of Countervailing Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products from India (HRC Decision Memorandum 2004). The final net subsidy rate for Essar is listed below in ``Final Results of Review.''

In response to a request from the National Candle Association (NCA), the Department of Commerce (the Department) is initiating an anticircumvention inquiry pursuant to section 781(a) of the Tariff Act of 1930, as amended, (the Tariff Act) to determine whether certain imports of molded or carved articles of wax from the People's Republic of China (PRC) are circumventing the antidumping duty order on petroleum wax candles from China.

On March 29, 2006, we (NMFS) proposed to list steelhead (Oncorhynchus mykiss) populations in Puget Sound (Washington) as threatened under the Endangered Species Act (ESA). In this notice we are announcing a public hearing to be held in Seattle (Washington) on June 22, 2006, regarding the subject proposal.