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

NMFS issues this proposed rule to implement Amendment 13C to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). Amendment 13C proposes management measures to end overfishing of snowy grouper, golden tilefish, vermilion snapper, and black sea bass and measures to allow moderate increases in recreational and commercial harvest of red porgy consistent with the rebuilding program for that stock. For the commercial fisheries, this proposed rule would establish restrictive quotas for snowy grouper, golden tilefish, vermilion snapper, and black sea bass and, after the quotas are met, prohibit all purchase and sale of the applicable species and restrict all harvest and possession to the applicable bag limit; establish restrictive trip limits for snowy grouper and golden tilefish; require at least 2-inch (5.1-cm) mesh in the back panel of black sea bass pots; require black sea bass pots to be removed from the water after the quota is reached; change the fishing year for black sea bass; increase the trip limit for red porgy; establish a red porgy quota that would allow a moderate increase in harvest; and, after the red porgy quota is reached, prohibit all purchase and sale and restrict all harvest and possession to the bag limit. For the recreational fisheries, this proposed rule would reduce the bag limits for snowy grouper, golden tilefish, and black sea bass; increase the minimum size limit for vermilion snapper and black sea bass; change the fishing year for black sea bass; and increase the bag limit for red porgy. The intended effects of this proposed rule are to eliminate or phase out overfishing of snowy grouper, golden tilefish, vermilion snapper, and black sea bass; and increase red porgy harvest consistent with an updated stock assessment and rebuilding plan to achieve optimum yield.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Sea Scallop Survey Advisory Panel in June, 2006 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The Department of Commerce is conducting an administrative review of the countervailing duty order on certain pasta from Turkey for the period January 1, 2004, through December 31, 2004. We have preliminarily determined that Gidasa Sabanci Gida Sanayi ve Ticaret A.S. did not receive countervailable subsidies during the period of review. If the final results remain the same as these preliminary results, we will instruct U.S. Customs and Border Protection to liquidate without regard to countervailing duties, as detailed in the ``Preliminary Results of Review'' section of this notice. Interested parties are invited to comment on these preliminary results (see the ``Public Comment'' section of this notice).

The Bureau of Industry and Security is correcting a final rule that appeared in the Federal Register on June 5, 2006 (71 FR 32272). This rule corrects an inadvertent error in the telephone number listed in the For Further Information Contact: section of the preamble.

On May 18, 2006, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``the Department's'') March 2, 2006, Final Results of Redetermination on Remand pursuant to Eurodif S.A., Compagnie Generale Des Matieres Nucleaires, and Cogema Inc., et. al. v. United States, Slip. Op. 06-3 (CIT, January 5, 2006) (``LEU Remand Redetermination''), which pertains to the Final Affirmative Countervailing Duty Determination on Low Enriched Uranium (``LEU'') from France. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (``Federal Circuit'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department will continue to order the suspension of liquidation of the subject merchandise, where appropriate, until there is a conclusive decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct U.S. Customs and Border Protection to liquidate all relevant entries from Eurodif S.A./Compagnie Generale Des Matieres Nucleaires (collectively, ``Eurodif'' or ``respondents'').

The reports developed by the U.S. Department of Commerce in response to the President's Spectrum Policy Initiative included a recommendation that the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) develop a plan to increase sharing of spectrum between Federal and non- Federal users which includes evaluation of technologies that are proposed to enhance sharing.\1\ This Notice seeks public comment to address the implementation of the Spectrum Sharing Innovation Test-Bed (Test-Bed) where Federal and non-Federal users can study the feasibility of increasing the efficient use of the spectrum.

This final rule implements Framework Adjustment 18 (Framework 18) to the Atlantic Sea Scallop Fishery Management Plan (FMP), which was developed by the New England Fishery Management Council (Council). The following management measures are implemented by this rule: Scallop fishery specifications for 2006 and 2007 (open area days-at-sea (DAS) and Scallop Access Area trip allocations); scallop Area Rotation Program adjustments; and revisions to management measures that would improve administration of the FMP. In addition, a seasonal closure of the Elephant Trunk Access Area (ETAA) is implemented to reduce potential interactions between the scallop fishery and sea turtles, and to reduce finfish and scallop bycatch mortality.

NMFS announces that the Western Pacific Fishery Management Council (WPFMC) proposes to amend three fishery management plans (western Pacific omnibus amendment) to include fisheries in waters around the Commonwealth of the Northern Mariana Islands (CNMI) and Pacific Remote Island Areas (PRIA). These amendments would establish new permitting and reporting requirements for vessel operators targeting bottomfish species around the PRIA to improve understanding of the ecology of these species and the activities and harvests of the vessel operators that target them. It would also establish new permitting and reporting requirements for vessel operators targeting crustacean species and precious coral around the CNMI and PRIA.

The Department of Commerce is conducting an administrative review of the antidumping duty order on certain polyester staple fiber from Taiwan. The period of review is May 1, 2004, through April 30, 2005. This review covers imports of certain polyester staple fiber from one producer/exporter. We have preliminarily found that sales of the subject merchandise have been made below normal value. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection to assess antidumping duties. Interested parties are invited to comment on these preliminary results. We will issue the final results not later than 120 days from the date of publication of this notice.

On November 1, 2005, the Department of Commerce (``the Department'') initiated the sunset reviews of the antidumping duty (``AD'') orders on certain corrosion-resistant carbon steel flat products (``CORE'') from Australia, Canada, France, Germany, Japan, and South Korea pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On the basis of a notice of intent to participate, an adequate substantive response filed on behalf of the domestic interested parties, an inadequate response from Canadian and French interested parties, and no response from other respondent interested parties, the Department determined to conduct expedited sunset reviews of these orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of these AD orders would be likely to lead to continuation or recurrence of dumping at the margins indicated in the ``Final Results of Review'' section of this notice.

On July 1, 2005, the Department of Commerce (``the Department'') initiated the second sunset review of the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (``Suspension Agreement'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Notice of Initiation of Five-Year (``Sunset'') Reviews, 70 FR 38101 (July 1, 2005) (``Sunset Initiation''). On January 17, 2006, the Department determined that it would conduct a full sunset review of the Suspension Agreement. As a result of this review, the Department finds that revocation of the Suspension Agreement on uranium from the Russian Federation (``Russia'') would likely lead to continuation or recurrence of dumping at the levels indicated in the Final Results of Review section of this notice.

On November 1, 2005, the Department of Commerce (``the Department'') published in the Federal Register the notice of initiation of the second five-year sunset review of the countervailing duty order on certain cut-to-length carbon steel plate (``CTL Plate'') from Brazil, pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-year (``Sunset'') Reviews, 70 FR 65884 (November 1, 2005)(``Second Sunset Review''). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of domestic interested parties, and an inadequate response from respondent interested parties (in this case, no response), the Department has conducted an expedited sunset review of this order pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(B) of the Department's regulations. As a result of this sunset review, the Department finds that revocation of the countervailing duty order is likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ``Final Results of Review'' section of this notice.

On November 1, 2005, the Department of Commerce (``the Department'') published in the Federal Register the notice of initiation of the second five-year sunset review of the countervailing duty order on certain corrosion-resistant carbon steel flat products (CORE) from the Republic of Korea (``Korea''), pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 65884 (November 1, 2005) (``Second Sunset Review''). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of domestic interested parties, and an inadequate response from respondent interested parties (in this case, no response), the Department has conducted an expedited sunset review of this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the countervailing duty order is likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ``Final Results of Review'' section of this notice.

On November 1, 2005, the Department of Commerce (``the Department'') initiated a sunset review of the countervailing duty (``CVD'') order on certain cut-to-length carbon steel plate from Mexico pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-Year (``Sunset'') Reviews, 70 FR 65884 (November 1, 2005). On the basis of notices of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties, and an inadequate response from respondent interested parties (in this case, no response), the Department is conducting an expedited sunset review pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ``Final Results of Review'' section of this notice.

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 comment on proposed and/or continuing information collections, as authorized by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

In accordance with the Marine Mammal Protection Act (MMPA), NMFS has revised its conservation plan for northern fur seals (Callorhinus ursinus). The goal of the draft plan is to promote the recovery of northern fur seals to their optimum sustainable population levels. NMFS solicits public comments on this draft conservation plan.

The Bureau of Industry and Security is amending the Export Administration Regulations (EAR) by issuing a general order to impose a license requirement for exports and reexports of all items subject to the Export Administration Regulations (EAR) where the transaction involves Mayrow General Trading or entities related, as follows: Micatic General Trading; Majidco Micro Electronics; Atlinx Electronics; Micro Middle East Electronics; Narinco; F.N. Yaghmaei; and H. Ghasir. Mayrow General Trading and all entities related are located in Dubai, United Arab Emirates. This order also prohibits the use of License Exceptions for exports or reexports of any items subject to the EAR involving these entities. This final rule also adds a reference to the new general order in the part of the EAR that sets forth end-use and end-user license requirements.

Notice is hereby given that permits to conduct research and/or enhancement activities on captive Hawaiian monk seals (Monachus schauinslandi) have been issued to the following organizations: File No. 455-1760: The Waikiki Aquarium, 2777 Kalakaua Avenue, Honolulu, HI 96815 (Dr. Andrew Rossiter, Responsible Party). File No. 116-1786: Sea World, Inc., 7007 Sea World Dr., Orlando, FL 32821 (Brad Andrews, Responsible Party). File No. 898-1764: Sea Life Park Hawaii, 41-202 Kalanianaole Highway, Waimanalo, HI 96795 (Dr. Renato Lenzi, Responsible Party).

We, the National Marine Fisheries Service, are correcting a previously published Federal Register rule that contained inadequate data. The citations were inadvertently omitted from the table in this rule that published in the Federal Register on May 9, 2006.