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

On August 25, 2006, the United States Court of International Trade (``Court'') sustained the final remand determination made by the Department of Commerce (``the Department'') pursuant to the Court's remand of the final results of the administrative review of Helical Spring Lock Washers (``HSLWs'') from the People's Republic of China. See Shakeproof Assembly Components Division of IL Tool Works, Inc. v. United States, Consol. Ct. 05-00404, Slip Op. 06-129 (Ct. Int'l Trade Aug. 25, 2006) (``Shakeproof Assembly''). This case arises out of the Department's October 1, 2002, through September 30, 2003, administrative review final results. See Certain Helical Spring Lock Washers from the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 70 FR 28274 (May 17, 2005) (``Final Results''). The final judgment in this case was not in harmony with the Department's Final Results.

We, the National Marine Fisheries Service (NMFS), announce a 5-year review of the Caribbean monk seal (Monachus tropicalis) under the Endangered Species Act (ESA) of 1973. The Caribbean monk seal was listed as endangered in 1967 under the Endangered Species Preservation Act of 1966 (32 FR 4001) and then again in 1979 following its re- assessment under the ESA (44 FR 21288). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the Caribbean monk seal that has become available since its last status review in 1984 (49 FR 44774). Based on the results of this 5-year review, we will make the requisite findings under the ESA.

Notice is hereby given that David Mann, Ph.D., College of Marine Science, The University of South Florida, College of Marine Science, 140 Seventh Avenue South, St. Petersburg, FL 33701 has been issued a permit to conduct research on certain cetacean species.

We, the National Marine Fisheries Service (NMFS), issue a final rule designating critical habitat for the Southern Resident killer whale (Orcinus orca) distinct population segment (DPS). Three specific areas are designated, (1) the Summer Core Area in Haro Strait and waters around the San Juan Islands; (2) Puget Sound; and (3) the Strait of Juan de Fuca, which comprise approximately 2,560 square miles (6,630 sq km) of marine habitat. We considered the economic impacts and impacts to national security, and concluded the benefits of exclusion of 18 military sites, comprising approximately 112 square miles (291 sq km), outweighed the benefits of inclusion because of national security impacts. We solicited comments from the public on all aspects of the proposed rule. An economic analysis, biological report, and Endangered Species Act (ESA) report were available for comment along with the proposed rule. The supporting documents have been finalized in support of the final critical habitat designation.

NMFS announces changes to management measures in the commercial and recreational Pacific Coast groundfish fisheries. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.

NMFS announces a meeting, via teleconference, of the General Advisory Committee to the U.S. Section to the Inter-American Tropical Tuna Commission (IATTC) in January 2007. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

The National Marine Fisheries Service (NMFS) announces the availability for public review of the draft revised Recovery Plan (Plan) for the Hawaiian monk seal (Monachus schauinslandi). NMFS is soliciting review and comment on the Plan from the public and all interested parties, and will consider and address all substantive comments received during the comment period.

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, December 12, from 9 a.m. to 5 p.m. and Wednesday, December 13, 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 theme of this meeting is NIST's role in the international arena in ten years. The agenda will include an update on NIST, an introduction and overview of NIST's international activities, and other presentations that focus on the importance of NIST as a National Metrology Institute, NIST's evolving role for traceability of chemical and biological measurements, NIST's role in documentary standards, NIST's interactions with the American National Standards Institute and the International Organization for Standardization, and NIST's activities in Iraq. Two laboratory tours also will be featured. The meeting will conclude with an extended discussion on effectively implementing the NIST mission in a growing international marketplace. 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.

U.S. accredited colleges and universities are invited to participate in the U.S. Electronic Education Fair For China by purchasing space on the initiative's Internet landing page.

NMFS proposes to amend regulations governing the U.S. Atlantic swordfish fishery to enable a more thorough utilization of the U.S. North Atlantic swordfish quota. The U.S. North Atlantic swordfish quota is derived from the recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act (ATCA). For the past several years, the U.S. Atlantic swordfish fishery has not fully harvested its available quota. The objective of this proposed action is to provide a reasonable opportunity for U.S. vessels to fully harvest the ICCAT-recommended U.S. North Atlantic swordfish quota, as specified in the Magnuson-Stevens Act, in recognition of the improved stock status of North Atlantic swordfish. This proposed rule would increase swordfish retention limits for Incidental swordfish permit holders, and modify recreational swordfish retention limits for HMS Charter/headboat and Angling category permit holders. The proposed rule would also modify HMS limited access vessel upgrading restrictions for pelagic longline (PLL) vessels. These actions are necessary to address persistent underharvests of the domestic swordfish quota, while continuing to minimize bycatch to the extent practicable, so that swordfish are harvested in a sustainable, yet economically viable manner.

On August 1, 2006, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on steel concrete reinforcing bars from Latvia. On the basis of the notice of intent to participate by a domestic interested party and adequate responses filed on behalf of the domestic and respondent interested parties, the Department is conducting a full sunset review of the antidumping duty order pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.218(e)(2)(i). As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Preliminary Results of Review.''

The National Construction Safety Team (NCST) Advisory Committee (Committee), National Institute of Standards and Technology (NIST), will meet via teleconference Thursday, December 14, 2006, from 9 a.m. to 11 a.m. The meeting will be audio Webcast so that the public may listen to the meeting as it takes place. The primary purpose of this meeting is for the NCST Advisory Committee to discuss its annual report to the Congress and to discuss the status of the investigation of World Trade Center 7. The agenda may change to accommodate Committee business. The final agenda will be posted on the NIST Web site at www.nist.gov/ncst.

Notice is hereby given that Duke Power Company (Gene E. Vaughan, Principal Investigator), 13339 Hagers Ferry Road, Huntersville, North Carolina, 28078 has been issued a permit to conduct scientific research on shortnose sturgeon (Acipenser brevirostrum).

NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs) and Chartering Permits for the collection of Atlantic highly migratory species (HMS) in 2007. In general, EFPs, SRPs, Display Permits, and Chartering Permits would authorize collections of a limited number of Atlantic tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean and Gulf of Mexico for the purposes of scientific data collection and public display. The issuance of EFPs to Atlantic billfishes tournaments for the use of J-hooks to fish for blue marlin is also discussed in this notice. Typically, EFPs, SRPs, LOAs, Display Permits, and Chartering Permits would be valid from the date of issuance through December 31, 2007.

The National Voluntary Laboratory Accreditation Program (NVLAP) will hold a public workshop on December 8, 2006, at the National Institute of Standards and Technology (NIST) headquarters in Gaithersburg, MD. The purpose of the workshop is the exchange of information among NVLAP, the NIST Office of Law Enforcement Standards (OLES), the National Institute of Justice's (NIJ) National Law Enforcement and Corrections Technology Center (NLECTC), laboratories interested in seeking accreditation for the testing of personal body armor, and other interested parties. The results of the workshop discussions will be used in the development of the NVLAP Personal Body Armor Program. There is no charge for the workshop; however, because of security regulations, advance registration is mandatory. There will be no on- site, same-day registration. The registration deadline is Wednesday, December 6, 2006. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice.

The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to add ``Montenegro'' and ``Serbia'' as separate countries in the EAR and to establish separate export licensing requirements for Montenegro and Serbia. BIS is taking this action to update the EAR to reflect the United States' recognition of Montenegro as a sovereign state by the United States.

Pursuant to the National Environmental Policy Act (NEPA), the National Marine Fisheries Service (NMFS) and the Fish and Wildlife Service (FWS) (together, the Services) advise the public of the availability of the Final EIS on the applications by Simpson Resource Company, now Green Diamond Resource Company (Green Diamond), for a Section 10 incidental take permit and an enhancement of survival permit (together, the Permits), and a Final multi-species Aquatic Habitat Conservation Plan/ Candidate Conservation Agreement with Assurances (AHCP/CCAA, or Plan) pursuant to the Endangered Species Act of 1973, as amended (ESA). The Services and Green Diamond also have developed an Implementation Agreement. The applicant seeks the Permits to authorize incidental take of specified covered species, including some that may become listed during the term of the Permits. The Permits are sought to authorize incidental take of the covered species during forest management and timber harvest in Del Norte and Humboldt Counties, CA, where Green Diamond owns lands or harvesting rights, during the term of the proposed 50 year Permits and Plan. This notice is provided pursuant to applicable NEPA regulations (40 CFR 1506.6) to inform the public of the proposed action, and to make available for 30 days' review the Final EIS, Plan, and Implementation Agreement. The Environmental Protection Agency (EPA) also is publishing a similar notice.

NMFS publishes this notice to re-open the solicitation period for the Chesapeake Bay to provide the public more time to submit proposals.