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

The Department of Commerce (the Department) has received a request to conduct a new shipper review of the antidumping duty (AD) order on certain softwood lumber from Canada. In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d) (2005), we are initiating an AD new shipper review for Terrace Lumber Company (Terrace).

The Commerce Department's International Trade Administration (ITA) and its U.S. Commercial Service posts in India will host a U.S. delegation to the India Business Summit to be led by Under Secretary for International Trade Franklin L. Lavin, November 29-30, 2006, followed by spin-off missions in six Indian cities, December 4-5, 2006. Leaders of U.S. business, industry, education, and state and local government are among those encouraged to take part in the Summit, where strategic breakout sessions will provide access to India's high-level business, industry, and government representatives and insights into the country's trade and investment climate. Following the Summit, the U.S. Commercial Service posts in India will concurrently host spin-off missions for U.S. exporters in Bangalore, Calcutta, Chennai, Hyderabad, Mumbai, and New Delhi. The spin-off missions will be open to qualified U.S. business representatives in a wide range of sectors and will include market briefings, networking receptions, and one-on-one business appointments with prospective agents, distributors, partners, and end-users.

The regulations contained in the temporary rule, emergency action, published on October 18, 2005, at the request of the U.S. Food and Drug Administration (FDA) and that were subsequently extended on December 28, 2005, expire on June 30, 2006. This temporary rule extends the closure through December 31, 2006. The FDA has determined that current oceanographic conditions and alga sampling data suggests that the northern section of the Temporary Paralytic Shellfish Poison (PSP) Closure Area remain closed to the harvest of bivalve molluscan shellfish and that the southern area remain closed to the harvest of whole or roe-on scallops.

This proposed rule would set forth BIS policy concerning voluntary self disclosures of violations of part 760 (Restrictive Trade Practices or Boycotts) of the Export Administration Regulations (EAR) and violations of part 762 (Recordkeeping) of the EAR that relate to part 760. This proposed rule also would set forth the factors that the Bureau of Industry and Security (BIS) considers when deciding whether to pursue administrative charges or settle allegations of such violations as well as the factors that BIS considers when deciding what level of penalty to seek in administrative cases.

The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject exempted fishing permit (EFP) application from the East Coast Pelagic Association (ECPA) that would allow herring vessels to possess haddock while testing modified mid-water herring trawls designed to reduce haddock bycatch contains all the required information and warrants further consideration. The Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Herring and Northeast (NE) Multispecies Fishery Management Plans (FMPs). However, further review and consultation may be necessary before a final determination is made to issue the EFP.

NMFS issues this final rule to implement Amendment 11 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP), which changes the framework for the annual apportionment of the Pacific sardine harvest guideline along the U.S. Pacific coast. The purpose of this final rule is to achieve optimal utilization of the Pacific sardine resource and equitable allocation of the harvest opportunity for Pacific sardine.

Notice is hereby given that Dr. Terrie Williams, Department of Ecology and Evolutionary Biology, Center for Ocean Health - Long Marine Laboratory, University of California, 100 Shaffer Road, Santa Cruz, CA 95060 has been issued a permit to conduct research on Weddell seals (Leptonychotes weddellii).

The Stellwagen Bank National Marine Sanctuary (SBNMS or Sanctuary) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (Council): Conservation (Alternate) and At- Large (Member). Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary. Applicants who are chosen as members should expect to serve two-year terms, pursuant to the Council's Charter.

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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

NMFS issues a final rule implementing Amendments 78 and 65 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI), Amendments 73 and 65 to the FMP for Groundfish of the Gulf of Alaska (GOA), Amendments 16 and 12 to the FMP for Bering Sea/Aleutian Islands King and Tanner Crabs, Amendments 7 and 9 to the FMP for the Scallop Fishery off Alaska, and Amendments 7 and 8 to the FMP for Salmon Fisheries in the Exclusive Economic Zone off the Coast of Alaska. These amendments revise the FMPs by identifying and describing essential fish habitat (EFH), designating habitat areas of particular concern (HAPC), and include measures to minimize to the extent practicable adverse effects on EFH. This action is necessary to protect important habitat features to sustain managed fish stocks.

Notice is hereby given that Molly Lutcavage, Department of Zoology, 177 A Spaulding Hall, University of New Hampshire, Durham, NH 03824-2617, has been issued a permit to take leatherback (Dermochelys coriacea) for purposes of scientific research.

From September 7, 2005, through November 10, 2005, the Department of Commerce issued notices of antidumping and countervailing duty decisions in which the title of the official signing the notice was incorrect. This document corrects the title of the officials that signed notices during that period.

The National Institute of Standards and Technology (NIST) invites interested parties to attend a pre-consortium meeting to be held on August 10, 2006 in conjunction with the 55th Annual Denver X- Ray Conference at the Denver Marriott Tech Center Hotel, in Denver, CO. The objective of this meeting is to evaluate industry interest in a NIST/Industry Consortium on metrological aspects of X-Ray Diffraction and X-Ray Reflectometry analysis. The goals of this consortium include the development of standardized terminology and modeling methods, which will facilitate parameter comparisons between different instrument software and improve customer confidence in X-ray characterization techniques. The approach will compare results from industrial X-ray modeling and refinement approaches with NIST X-ray metrology-based approaches to establish consistency in parameter determination and in uncertainty analysis. The long-term goal of this collaboration will be NIST recommendations for X-ray data measurement and analysis methods. Recommended measurement and analysis methods in conjunction with future Standard Reference Materials will establish SI traceability between X-ray measurement and structural model parameters. NIST staff members along with at least one technical representative from each participating member company will conduct X-ray software data refinements. Membership in the Consortium is open to the X-ray instrument vendor community, particularly equipment manufacturers with commercially available X-ray analysis software applicable to the comparative study. The term of the consortium is intended to be 5 years.

The United States Patent and Trademark Office (USPTO), 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 the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

On April 6, 2006, the U.S. Department of Commerce (``the Department'') published in the Federal Register its preliminary results of the administrative review of the countervailing duty order on certain pasta from Italy for the period January 1, 2004, through December 31, 2004. See Certain Pasta From Italy: Preliminary Results of the Ninth Countervailing Duty Administrative Review and Notice of Intent to Revoke Order, In Part, 71 FR 17440 (April 6, 2006) (``Preliminary Results''). We preliminarily found that the countervailing duty rates during the period of review (``POR'') for all of the producers/exporters under review are less than 0.5 percent and are, consequently, zero or de minimis. We did not receive any comments on our preliminary results, and we have made no revisions. The final net subsidy rates for the reviewed companies are listed below in the section entitled ``Final Results of Review.''

NMFS proposes regulations to implement speed restrictions on vessels 65 ft (19.8 m) or greater in overall length in certain locations and at certain times of the year along the east coast of the U.S. Atlantic seaboard. The purpose of this proposed rule is to reduce the likelihood of deaths and serious injuries to endangered North Atlantic right whales that result from collisions with ships. These measures are part of NMFS' Ship Strike Reduction Strategy to help recover the North Atlantic right whale. NMFS is requesting comments on the proposed regulations.

We determine that metal calendar slides (MCS) from Japan are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are shown in the ``Final Determination'' section of this notice.'' Moreover, we determine that critical circumstances do not exist with regard to certain exports of subject merchandise from Japan. See the ``Critical Circumstances'' section below.

This notice is to advise the public that the National Defense Stockpile Market Impact Committee, co-chaired by the Departments of Commerce and State, is seeking public comments on the potential market impact of increasing the National Defense Stockpile's proposed Fiscal Year 2007 Annual Materials Plan disposal level for tantalum carbide powder.

This notice is to solicit candidates needed to replace voting members of the HSRP for the remainder of calendar year 2006, and supplements a notice published on January 12, 2006, to obtain candidates to replace five of the voting members of the HSRP whose appointments expire in 2006. Individuals who have submitted resumes in response to the January 12, 2006, notice do not need to submit resumes again. Individuals who have not submitted resumes in response to the January 12, 2006, notice may submit resumes at any time during the calendar year. Decisions on HSRP membership can be made at any time during the calendar year, and resumes will not be considered unless they are received ten days before each decision date. The Hydrographic Services Improvement Act Amendments of 2002, Public Law 107-372, requires the Under Secretary of Commerce for Oceans and Atmosphere to solicit nominations for membership on the HSRP. The HSRP advises the Under Secretary on matters related to section 303 of the Hydrographic Services Improvement Act of 1998, (the Act) and other appropriate matters the Under Secretary refers to the HSRP for review and advice.