Department of Commerce July 6, 2006 – Federal Register Recent Federal Regulation Documents

Certain Cased Pencils from the People's Republic of China; Final Results and Partial Rescission of Antidumping Duty Administrative Review
Document Number: E6-10568
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, International Trade Administration
On December 28, 2005, the Department of Commerce (the Department) published in the Federal Register the preliminary results and intent to rescind in part the 2003-2004 administrative review of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (PRC). See Certain Cased Pencils from the People's Republic of China; Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind in Part, 70 FR 76755 (December 28, 2005) (``Preliminary Results''). The period of review (POR) is December 1, 2003, through November 30, 2004. We have now completed the 2003-2004 administrative review of the order. Based on comments received, we have made changes in the dumping margin calculations. Therefore, the final results differ from the preliminary results. For details regarding these changes, see the section of this notice entitled ``Changes Since the Preliminary Results.'' The final results are listed below in the ``Final Results of Review'' section.
Revocation of the Countervailing Duty Orders: Pure Magnesium and Alloy Magnesium from Canada
Document Number: E6-10567
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, International Trade Administration
On July 1, 2005, the Department of Commerce (``the Department'') initiated its sunset reviews of the countervailing duty (``CVD'') orders on pure magnesium and alloy magnesium from Canada. See Initiation of Five-year (``Sunset'') Reviews, 70 FR 38101 (July 1, 2005). Pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the International Trade Commission (``the ITC''), in its sunset reviews, determined that revocation of the CVD orders on pure magnesium and alloy magnesium from Canada 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 Pure and Alloy Magnesium from Canada, 71 FR 36359 (June 26, 2006). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the CVD orders on pure magnesium and alloy magnesium from Canada.
Certain Frozen Warmwater Shrimp from the People's Republic of China: Preliminary Results of the Antidumping Duty New Shipper Review
Document Number: E6-10565
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') is currently conducting a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from the People's Republic of China (``PRC'') covering the period July 16, 2004, through July 31, 2005. The Department preliminarily determines that sales have not been made below normal value (``NV'') with respect to Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Zhanjiang Regal''), which participated fully and is entitled to a separate rate in this review. If these preliminary results are adopted in its final results of this review, the Department will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the period of review (``POR'') for which the importer-specific assessment rates are above de minimis.
Size Standard for Purposes of United States Patent and Trademark Office Regulatory Flexibility Analysis for Patent-Related Regulations
Document Number: E6-10564
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) uses the Small Business Administration (SBA) size standard for the purpose of paying reduced patent fees as its size standard when conducting an analysis or making a certification under the Regulatory Flexibility Act for patent-related regulations. The Small Business Administration Office of Advocacy (SBA-Advocacy) has questioned whether this is the appropriate size standard for conducting an analysis or making a certification under the Regulatory Flexibility Act. Pursuant to the Regulatory Flexibility Act, the USPTO is providing this opportunity for public comment on the establishment of the SBA's definition of ``small business concern'' for the purpose of paying reduced patent fees as the definition of ``small business concern'' for Regulatory Flexibility Act purposes for patent-related regulations. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before August 7, 2006. No public hearing will be held.
Antiboycott Penalty Guidance
Document Number: E6-10560
Type: Proposed Rule
Date: 2006-07-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This notice corrects a transposition error in the Regulatory Identification Number (RIN) in the preamble to a proposed rule that the Bureau of Industry and Security published on June 30, 2006 (71 FR 37571). The correct RIN is 0694-AD63. The RIN was incorrectly listed as 0694-AD36. In addition this notice corrects that same transposition error that appeared in the final sentence of the ADDRESSES paragraph of the preamble of that propose rule. As corrected, the final sentence of the ADDRESSES paragraph reads:
Endangered and Threatened Species; Recovery Plans
Document Number: E6-10559
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) announces the availability for public review of the draft Recovery Plan (Plan) for the sperm whale (Physeter macrocephalus). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval.
Endangered and Threatened Species; Recovery Plans
Document Number: E6-10558
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) announces the availability for public review of the draft updated Recovery Plan (Plan) for the fin whale (Balaenoptera physalus). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: E6-10557
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received an application to renew and modify a permit for scientific research from the National Park Service (NPS) in Point Reyes Station, CA (1046). The permit would affect federally endangered Central California Coast coho salmon, threatened California Coastal Chinook salmon, and threatened Central California Coast steelhead. This document serves to notify the public of the availability of the permit application for review and comment.
Pacific Halibut Fisheries; Guideline Harvest Levels for the Guided Recreational Halibut Fishery; Correction
Document Number: E6-10556
Type: Rule
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action corrects the regulatory text of a final rule published August 8, 2003, (FR Doc. 03-20285) that implemented the guideline harvest level (GHL) for the charter sport fishery for Pacific halibut in waters off Alaska. This action is necessary to correct a typographical error in regulations implementing the GHL.
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources
Document Number: E6-10554
Type: Rule
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule implementing changes to the regulations for the Crab Rationalization Program. This action is necessary to correct two discrepancies in the scope of the sideboard protections for Gulf of Alaska (GOA) groundfish fisheries provided in a previous rulemaking. Specifically, this action would remove the sideboard restrictions from vessels that did not generate Bering Sea snow crab (Chionoecetes opilio) quota share and would apply the sideboards to federally permitted vessels operating in the State of Alaska (State) parallel fisheries. This action is intended to promote the goals and objectives of the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP), the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and other applicable law.
Privacy Act of 1974: System of Records
Document Number: E6-10543
Type: Notice
Date: 2006-07-06
Agency: Office of the Secretary, Department of Commerce
In accordance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a(e)(4) and (11), the Department of Commerce is issuing notice of intent to amend the system of records under COMMERCE/ DEPARTMENT-18, Employees Personnel Files Not Covered by Notices of Other Agencies. This amendment adds to this system those records compiled in conjunction with the Department of Commerce's Student Loan Repayment Program (SLRP), Continuity of Operations Plan (COOP), Automated Notification System, and the Employee Emergency Call Center. We invite public comment on the proposed changes in this publication.
Privacy Act of 1974; System of Records
Document Number: E6-10526
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-10 Patent Deposit Accounts System.'' This action is being taken to update the Privacy Act notice and to include user profiles for electronic funds transfers (EFT). The system of records will also be renamed ``COMMERCE/PAT-TM-10 Deposit Accounts and Electronic Funds Transfer Profiles.'' We invite the public to comment on the amendments noted in this publication.
Revisions and Clarification of Export and Reexport Controls for the People's Republic of China (PRC); New Authorization Validated End-User
Document Number: E6-10504
Type: Proposed Rule
Date: 2006-07-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
It is the policy of the United States Government to prevent exports that would make a material contribution to the military capability of the People's Republic of China (PRC), while facilitating U.S. exports to legitimate civil end-users in the PRC. Consistent with this policy, the Bureau of Industry and Security (BIS) proposes to amend the Export Administration Regulations (EAR) by revising and clarifying United States licensing requirements and licensing policy on exports and reexports of goods and technology to the PRC. The proposed amendments include a revision to the licensing review policy for items controlled on the Commerce Control List (CCL) for reasons of national security, including a new control based on knowledge of a military end-use on exports to the PRC of certain CCL items that otherwise do not require a license to the PRC. The items subject to this license requirement will be set forth in a list. This rule further proposes to revise the licensing review policy for items controlled for reasons of chemical and biological proliferation, nuclear nonproliferation, and missile technology for export to the PRC, requiring that applications involving such items be reviewed in conjunction with the revised national security licensing policy. This rule proposes the creation of a new authorization for validated end-users in certain destinations, including the PRC, to whom certain, specified items may be exported or reexported. Such validated end-users would be placed on a list in the EAR after review and approval by the United States Government. Finally, this rule proposes to require exporters to obtain an End- User Certificate, issued by the PRC Ministry of Commerce, for all items that both require a license to the PRC for any reason and exceed a total value of $5,000. The current PRC End-Use Certificate applies only to items controlled for national security reasons. This rule also proposes to eliminate the current requirement that exporters submit PRC End-User Certificates to BIS with their license applications but provides that they must retain them for five years.
Proposed Information Collection; Comment Request; Southwest Region Permit Family of Forms
Document Number: E6-10502
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Proposed Information Collection; Comment Request; Northeast Region Observer Providers Requirements
Document Number: E6-10501
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Submission for OMB Review; Comment Request
Document Number: E6-10500
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce
Submission for OMB Review; Comment Request
Document Number: E6-10499
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce
Proposed Information Collection; Comment Request; Subsistence Fishery for Pacific Halibut in Waters Off Alaska: Registration and Marking of Gear
Document Number: E6-10498
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Submission for OMB Review; Comment Request
Document Number: E6-10497
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce
Judges Panel of the Malcolm Baldrige National Quality Award
Document Number: E6-10495
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, National Institute of Standards and Technology
Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Judges Panel of the Malcolm Baldrige National Quality Award will meet Thursday, July 27, 2006. The Judges Panel is composed of ten members prominent in the field of quality management and appointed by the Secretary of Commerce. The purpose of this meeting is to review the stage 1 process, Judges' individual review of the stage 1 scoring data, consideration for moving applicants forward, discussion of stage 1 data and selection of applicants for consensus, questions and answers on stage 2 and stage 3 process documentation, and summary of Improvements Day . The applications under review contain trade secrets and proprietary commercial information submitted to the Government in confidence.
Wooden Bedroom Furniture from the People's Republic of China: Preliminary Results of 2004-2005 Semi-Annual New Shipper Reviews and Notice of Final Rescission of One New Shipper Review
Document Number: E6-10488
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, International Trade Administration
In response to requests from Shenyang Kunyu Wood Industry Co., Ltd. (``Kunyu''), Dongguan Landmark Furniture Products Ltd. (``Landmark''), Meikangchi (Nantong) Furniture Company Ltd. (``Meikangchi''), and WBE Industries (Hui-Yang) Co., Ltd. (``WBE''), the U.S. Department of Commerce (``the Department'') is conducting new shipper reviews of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC''). The period of review (``POR'') is June 24, 2004, through June 30, 2005. We have preliminarily determined that sales have been made below normal value (``NV'') by Kunyu and Meikangchi. However, we have also preliminarily determined that sales have not been made below normal value by Landmark. If these preliminary results are adopted in our final results of these reviews, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on entries of subject merchandise during the POR for which the importer-specific assessment rates are above de minimis. Additionally, we have rescinded the new shipper review for WBE. We invite interested parties to comment on these preliminary results. Parties who submit comments are requested to submit with each argument a statement of the issue and a brief summary of the argument. We will issue the final results no later than 90 days from the date of publication of this notice.
Stainless Steel Bar from Brazil, India, Japan, and Spain; Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
Document Number: E6-10479
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, International Trade Administration
On March 1, 2006, the Department of Commerce initiated the second sunset reviews of the antidumping duty orders on stainless steel bar from Brazil, India, Japan, and Spain pursuant to section 751(c) of the Tariff Act of 1930, as amended. On the basis of a notice of intent to participate and adequate substantive responses filed on behalf of domestic interested parties and no responses received from respondent interested parties, the Department conducted expedited (120-day) sunset reviews. See section 751(c)(3)(B) of the Act. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping at the levels listed in the ``Final Results of Reviews'' section below.
Endangered and Threatened Species: Final Listing Determinations for Elkhorn Coral and Staghorn Coral; Correction
Document Number: 06-6017
Type: Rule
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service, are correcting a previously published Federal Register rule that contained incorrect data. On June 2, 2006, a correction was published in the Federal Register to add citations for elkhorn and staghorn corals to the published table of threatened species. The effective date for this correction was inadvertently set for a date prior to the effective date of the final rule to list these corals as threatened under the Endangered Species Act. In addition, the citation for the North American green sturgeon was inadvertently omitted from the table. This rule therefore serves to correct the effective date of the June 2, 2006 rule and to add the citation for green sturgeon to the table of threatened species.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Great South Channel Scallop Dredge Exemption Area
Document Number: 06-6016
Type: Proposed Rule
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to modify the regulations implementing the Northeast (NE) Multispecies Fishery Management Plan (FMP) to allow vessels issued either a General Category Atlantic sea scallop permit or a limited access sea scallop permit, when not fishing under a scallop days-at-sea (DAS) limitation, to fish for scallops with small dredges (combined width not to exceed 10.5 ft (3.2 m)) within the Great South Channel Scallop Dredge Exemption Area. This proposed rule responds to a request from the fishing industry to add this area to the list of exempted fisheries. The intent of this action is to allow small scallop dredge vessels to harvest scallops in a manner that is consistent with the bycatch reduction objectives of the FMP.
International Fisheries; Pacific Tuna Fisheries; Restrictions for 2006 Longline Fisheries in the Eastern Tropical Pacific Ocean; Fishery Closure
Document Number: 06-6015
Type: Rule
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is closing the U.S. longline fishery for bigeye tuna in the Inter-American Tropical Tuna Commission (IATTC) Convention Area for the remainder of 2006, because the bigeye tuna catch in the Convention Area has reached the 150-metric ton (mt) limit for 2006. This action, implemented under the regulations for the Pacific Tuna Fisheries will contribute to efforts to end overfishing of bigeye tuna in the eastern tropical Pacific Ocean (ETP), consistent with recommendations by the IATTC that have been approved by the Department of State (DOS) under the Tuna Conventions Act. This action is intended to limit fishing mortality on the bigeye tuna stock caused by longline fishing in the Convention Area and contribute to the long-term conservation of the bigeye tuna stock at levels that support healthy fisheries.
Endangered and Threatened Species; Revision of Critical Habitat for the Northern Right Whale in the Pacific Ocean
Document Number: 06-6014
Type: Rule
Date: 2006-07-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), issue a final rule to revise the current critical habitat for the northern right whale (Eubalaena glacialis) by designating additional areas within the North Pacific Ocean. Two specific areas are designated, one in the Gulf of Alaska and another in the Bering Sea, comprising a total of approximately 95,200 square kilometers (36,750 square miles) of marine habitat. As described in the impacts analysis prepared for this action, we considered the economic impacts, impacts to national security, and other relevant impacts and concluded that the benefits of exclusion of any area from the critical habitat designation do not outweigh the benefits of inclusion. As a result, we did not exclude any areas from the designation. We solicited information and comments from the public in a proposed rule. This final rule is being issued to meet the deadline established in a remand order of the United States District Court for the Northern District of California.
Action Affecting Export Privileges; Nei-Chien Chu (AKA “Pearl Li”)
Document Number: 06-6001
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Universal Technology, Inc.
Document Number: 06-6000
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Terry Tengfang Li
Document Number: 06-5999
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
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