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

NMFS proposes regulations to implement measures in FW 42 to the NE Multispecies Fishery Management Plan (FMP) and FW 3 to the Monkfish FMP (Joint Framework). FW 42, which was developed by the New England Fishery Management Council (Council), is a biennial adjustment to the NE Multispecies FMP that would implement a rebuilding program for Georges Bank (GB) yellowtail flounder and modify NE multispecies fishery management measures to reduce fishing mortality rates (F) on six other groundfish stocks in order to maintain compliance with the rebuilding program of the FMP. FW 42 also proposes to modify and continue specific measures to mitigate the economic and social impacts of Amendment 13 to the NE Multispecies FMP and allow harvest levels to approach optimum yield (OY).

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that a 1-year letter of authorization (LOA) has been issued to the Monterey Bay National Marine Sanctuary (MBNMS or the Sanctuary) to incidentally take, by Level B Harassment only, California sea lions and Pacific harbor seals incidental to authorizing professional fireworks displays within the Sanctuary in California waters.

In response to a request from Eramet Marietta Inc., a domestic producer of silicomanganese, the Department of Commerce initiated an administrative review of the antidumping duty order on silicomanganese from Brazil. The period of review is December 1, 2004, through November 30, 2005. We are now rescinding this review because the sole respondent reported that it had no sales or shipments to the United States during the period of review.

NIST invites and requests nomination of individuals for appointment to the Advisory Committee on Earthquake Hazards Reduction (Committee). This is a new Federal Advisory Committee established pursuant to the National Earthquake Hazards Reduction Program Reauthorization Act. NIST will consider nominations received in response to this notice for appointment to the Committee.

NMFS announces approval of additional provisions of the 2006 Georges Bank (GB) Hook Sector (Sector) Operations Plan, consistent with regulations implementing Amendment 13, as modified by Framework Adjustment 40-B to the Northeast (NE) Multispecies Fishery Management Plan (FMP) for fishing year (FY) 2006. The intent is to allow regulated harvest of groundfish by the GB Cod Hook Sector (Sector), consistent with the objectives of the FMP.

NMFS is prohibiting directed fishing for pelagic shelf rockfish in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2006 total allowable catch (TAC) of pelagic shelf rockfish in the Central Regulatory Area of the GOA.

NMFS apportions amounts of the non-specified reserve of groundfish to the yellowfin sole initial total allowable catch (ITAC) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the fishery to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI.

NMFS announces the availability of the large coastal shark (LCS) final stock assessment report, prepared by the NMFS Southeast Fisheries Science Center (SEFSC). The report includes a copy of the recently completed review panel consensus summary, as well as copies of the Data and Assessment workshop reports. These reports summarize the relevant working documents; describe models and methods used to assess the status of the LCS complex, sandbar sharks, and Atlantic and Gulf of Mexico stocks of blacktip sharks; make general and research oriented recommendations; summarize stakeholder opinion for each of the stocks assessed; and make conclusions regarding the status of the stock.

The Gulf of Mexico Fishery Management Council (Council) will convene its Reef Fish Advisory Panel (AP) and its Standing and Special Mackerel and Reef Fish Scientific and Statistical Committees (SSC).

The North Pacific Fishery Management Council's Scientific and Statistical Committee (SSC) will meet, in Juneau, AK.

NMFS announces the closure of the Nantucket Lightship Scallop Access Area (NLCA) to scallop vessels until June 15, 2007. This closure, effective 0001 hours on July 20, 2006, is based on a determination by the Northeast Regional Administrator (RA) that scallop vessels may attain the yellowtail flounder (YT) bycatch total allowable catch (TAC) for the NLCA on July 20, 2006. This action is being taken to prevent the scallop fleet from exceeding the YT bycatch TAC allocated to the NLCA for the 2006 scallop fishing year in accordance with the regulations implementing the Atlantic Sea Scallop Fishery Management Plan (FMP), Northeast (NE) Multispecies FMP and the Magnuson-Stevens Fishery Conservation and Management Act.

The Bureau of Industry and Security publishes this notice to extend the recruitment period on the Deemed Export Advisory Committee (DEAC). The original solicitation for this Federal Advisory Committee was published in the Federal Register on May 22, 2006. The DEAC will review and provide recommendations to the Department of Commerce on deemed export policy. The new deadline to respond to this recruitment notice is July 28, 2006.

On November 1, 2005, the Department of Commerce (the Department) initiated a sunset review of the countervailing duty (CVD) order on cut-to-length carbon steel plate from Belgium, 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 and an adequate substantive response filed on behalf of the domestic interested parties and adequate responses from respondent interested parties, the Department determined to conduct a full sunset review of this CVD order pursuant to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our analysis, the Department preliminarily finds that revocation of the CVD order would be likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ``Preliminary Results of Review'' section of this notice.

Six Technical Advisory committees (TACs) advise the Department of Commerce on the technical parameters for export controls applicable to dual-use commodities and technology and on the administration of those controls. The TACs are composed of representatives from industry and Government representing diverse points of view on the concerns of the exporting community. Industry representatives are selected from firms producing a broad range of goods, technologies, and software presently controlled for national security, non-proliferation, foreign policy, and short supply reasons or that are proposed for such controls, balanced to the extent possible among large and small firms. TAC members are appointed by the Secretary of Commerce and serve terms of not more than four consecutive years. The membership reflects the Department's commitment to attaining balance and diversity. TAC members must obtain secret-level clearances prior to appointment. These clearances are necessary so that members may be permitted access to the classified information needed to formulate recommendations to the Department of Commerce. Each TAC meets approximately 4 times per year. Members of the Committees will not be compensated for their services. The six TACs are responsible for advising the Department of Commerce on the technical parameters for export controls and the administration of those controls within the following areas: Information Systems TAC: Control List Categories 3 (electronics), 4 (computers), and 5 (telecommunications and information security); Materials TAC: Control List Category 1 (materials, chemicals, microorganisms, and toxins); Materials Processing Equipment TAC: Control List Category 2 (materials processing); Regulations (EAR) and procedures for implementing the EAR; Sensors and Instrumentation TAC: Control List Category 6 (sensors and lasers); Transportation and Related Equipment TAC: Control List Categories 7 (navigation and avionics), 8 (marine), and 9 (propulsion systems, space vehicles, and related equipment). To respond to this recruitment notice, please send a copy of your resume to Ms. Yvette Springer at Yspringer@bis.doc.gov. Deadline: This Notice of Recruitment will be open for one year from its date of publication in the Federal Register. For Further Information Contact: Ms. Yvette Springer on (202) 482- 4814.

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has renewed the affirmative finding for the Republic of El Salvador under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the Eastern Tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by purse seine fishing vessels flying the flag of El Salvador or purse seine fishing vessels operating under the jurisdiction of El Salvador to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Republic of El Salvador and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.

NMFS is prohibiting retention of squid in the Bering Sea and Aleutian Islands management area (BSAI). NMFS is requiring that catch of squid in this area be treated in the same manner as prohibited species and discarded at sea with a minimum of injury. This action is necessary because the 2006 total allowable catch (TAC) of squid in the BSAI has been reached.

NMFS, upon application from the Monterey Bay National Marine Sanctuary (MBNMS or the Sanctuary), is issuing regulations to govern the unintentional takings of small numbers of marine mammals incidental to authorizing professional fireworks displays within the Sanctuary in California waters. Issuance of regulations is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the species and stocks of marine mammals and will not have an unmitigable adverse impact on their availability for subsistence uses. These regulations do not authorize MBNMS to permit fireworks displays. These regulations govern the issuance of ``Letters of Authorization'' (LOAs) for the unintentional incidental take of marine mammals in connection with this activity, and prescribe methods of taking and other means of effecting the least practicable adverse impact on marine mammal species and their habitat, and on the availability of the species for subsistence uses. In addition, NMFS, through this final rule, issues mitigation, reporting and monitoring requirements. In the proposed rule, NMFS referenced and proposed the continued implementation of a document entitled ``MBNMS Fireworks Guidelines'' (Guidelines), which was cooperatively developed by the Sanctuary, NMFS, and the U.S. Fish and Wildlife Service and served as a basis for the mitigation measures described in the proposed rule. These Guidelines also included three specific mitigation measures that NMFS has now included in the final rule.