Department of Commerce February 2007 – Federal Register Recent Federal Regulation Documents
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Draft Programmatic Environmental Impact Statement
NMFS will hold a series of public hearings regarding the Draft Programmatic Environmental Impact Statement (DPEIS) for Research on Steller Sea Lions and Northern Fur Seals.
Marine Mammals; File No. 1120-1898
Notice is hereby given that Eye of the Whale (Olga von Ziegesar, Principal Investigator), P.O. Box 15191, Fitz Creek, AK 99603, has applied in due form for a permit to conduct research on humpback whales (Megaptera novaeangliae).
National Standard 1 Guidelines; Scoping Process
NMFS announces several scoping meetings for the environmental impact statement for implementation of annual catch limit (ACL) and accountability measure (AM) requirements of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA). Such guidance would be added to the National Standard 1 Guidelines. NMFS also extends the ending date of the scoping period for this action from April 2, 2007, through April 17, 2007.
Initiation of Antidumping and Countervailing Duty Administrative Reviews
The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with January anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.
Preliminary Results of Full Sunset Review: Countervailing Duty Order on Honey from Argentina
On November 1, 2006, the Department of Commerce (the Department) initiated a sunset review of the countervailing duty (CVD) order on honey from Argentina, 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 substantive 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 countervailing duty 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.
Current Industrial Reports Surveys-WAVE II (Mandatory and Voluntary Surveys)
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)).
Age Search Service
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, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)).
Generic Clearance for Questionnaire Pretesting Research
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, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)).
Marine Mammals and Endangered Species; National Marine Fisheries Service File No. 493-1848; U.S. Fish and Wildlife Service File No. MA130062
Notice is hereby given that Darlene R. Ketten, Ph.D., Woods Hole Oceanographic Institution, Biology Department, MRF- Room 233, MS 50, Woods Hole, MA 02543 has been issued a permit to receive, import, and export marine mammal specimens for scientific research purposes.
Changes to Representation of Others Before the United States Patent and Trademark Office
In December 2003, the United States Patent and Trademark Office (Office) proposed amendments to, inter alia, the rules governing disciplinary proceedings for attorneys and agents who practice before the Office, principally rules 11.2, 11.3, 11.5, and 11.14 through 11.62. One hundred fifty-seven written comments were received. After reviewing the written comments, the Office has decided to revise several of the rules as then proposed and request additional comments on those revised proposals. Other proposed rules contained in the earlier Notice of Proposed Rule making remain under consideration by the Office. This supplemental notice of proposed rule making sets forth revisions that the Office is proposing to the rules governing the conduct of investigations and disciplinary proceedings. Interested individuals are invited to comment on the proposed revisions in the rules.
Export Trade Certificate of Review
On February 21, 2007, The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Central America Poultry Export Quota, Inc. (``CA-PEQ'').
North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review
Pursuant to the Notice of Consent Motion to Terminate the Panel Review by the complainants, the panel review is terminated as of February 21, 2007. A panel has not been appointed to this panel review. Pursuant to Rule 71(2) of the Rules of Procedure for Article 1904 Binational Panel Review, this panel review is terminated.
Announcing a Meeting of the Information Security and Privacy Advisory Board
Pursuant to the Federal Advisory Committee Act, 5 U.S.C. App., notice is hereby given that the Information Security and Privacy Advisory Board (ISPAB) will meet Thursday, March 22, 2007, from 8:30 a.m. until 5 p.m., and Friday, March 23, 2007, from 8:30 a.m. until 5 p.m. All sessions will be open to the public. The Advisory Board was established by the Computer Security Act of 1987 (Pub. L. 100-235) and amended by the Federal Information Security Management Act of 2002 (Pub. L. 107-347) to advise the Secretary of Commerce and the Director of NIST on security and privacy issues pertaining to federal computer systems. Details regarding the Board's activities are available at https://csrc.nist.gov/ispab/.
Notice of Public Meeting
The Advisory Committee on Commercial Remote Sensing (ACCRES) will meet March 15, 2007.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures; Correction
On January 30, 2007, NMFS published a final rule implementing 2007 specifications and management measures for Atlantic mackerel, squid, and butterfish and modifying existing management measures. In the codified text of the final rule, there were errors in the description of the catch associated with the fishing mortality rate (F). Also, the acronyms used for F equal to the target F (F=0.12) and BMSY were published in the codified text without using standardized type production for these scientific terms. In the codified text for the procedures for closing the directed mackerel fishery NMFS inadvertently substituted the term ``executed'' for ``exceeded'' when describing when the Regional Administrator will close the fishery. This document corrects those errors.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 10 Butterfish Stock Rebuilding and Amendment 11 Atlantic Mackerel Limited Access Program
On December 19, 2005, the Mid-Atlantic Fishery Management Council (Council), in cooperation with NMFS, announced its intent to prepare an environmental assessment (EA) for Amendment 10 (butterfish stock rebuilding program) and a supplemental environmental impact statement (SEIS) for Amendment 11 (Atlantic mackerel limited access program) to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP). Since then, the Council and NMFS have concluded that a SEIS must be prepared for Amendment 10; therefore, this supplemental NOI seeks comments on Amendment 10. In addition, the Council hereby notifies the public that SEIS documents for Amendment 10 and Amendment 11 will be developed simultaneously, but each amendment will remain separate fishery management actions.
Vessel Monitoring Systems; Approval of Mobile Transceiver Unit
This document provides notice of the type-approval of the Faria WatchDog 750VMS in the following fisheries: The Fisheries of the Northwestern Pacific Ocean, the Fisheries of Alaska, the Fisheries of the Pacific Islands, the South Atlantic Rock Shrimp Fishery, and the Atlantic Highly Migratory Species Fishery, the Gulf of Mexico Reef Fishery, and the Northwestern Hawaiian Islands Marine National Monument.
South Atlantic Fishery Management Council; Public Meetings; Correction
The South Atlantic Fishery Management Council (Council) will hold a meeting of its Snapper Grouper Committee, Southeast Data, Assessment, and Review (SEDAR) Committee, Controlled Access Committee, Mackerel Committee, Scientific and Statistical Committee (SSC) Selection Committee, a joint meeting of its Habitat Committee and Ecosystem-Based Management Committee, Economics Committee, Shrimp Committee, Information and Education Committee, a joint meeting of its Executive Committee and Finance Committee, and a meeting of the full Council. In addition, the Council will also hold a public hearing regarding Amendment 18 to the Fishery Management Plan for Coastal Migratory Pelagics in the South Atlantic and Gulf of Mexico, and a general public input session. This document corrects an omitted agenda item for the March 6, 2007 meeting and adds a few words that were omitted from the March 8, 2007 meeting.
Evaluation of State Coastal Management Programs and National Estuarine Research Reserves
The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the New York Coastal Management Program, the Waquoit Bay (Massachusetts) National Estuarine Research Reserve, the Ohio Coastal Management Program, the New Jersey Coastal Management Program, the South Slough (Oregon) National Estuarine Research Reserve, and the Virgin Islands Coastal Management Program. The Coastal Zone Management Programs evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR Part 923, Subpart L. The National Estuarine Research Reserve evaluations will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR Part 921, Subpart E and Part 923, Subpart L. The CZMA requires continuing review of the performance of states with respect to coastal program implementation. Evaluation of Coastal Management Programs and National Estuarine Research Reserves requires findings concerning the extent to which a State has met the national objectives, adhered to its Coastal Management Program document or Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, State, and local agencies and members of the public. A public meeting will be held as part of each site visit. Notice is hereby given of the dates of the site visits for the listed evaluations, and the dates, local times, and locations of the public meetings during the site visits.
Hydrographic Services Review Panel Meeting
The Hydrographic Services Review Panel (HSRP) was established by the Secretary of Commerce to advise the Under Secretary of Commerce for Oceans and Atmosphere on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act of 1998, its amendments, and such other appropriate matters that the Under Secretary refers to the Panel for review and advice.
Availability of Commercial Fishing Seat for the Flower Garden Banks National Marine Sanctuary Advisory Council
The Flower Garden Banks National Marine Sanctuary (FGBNMS or Sanctuary) is seeking applicants for the Commercial Fishing seat on its Sanctuary Advisory Council (Council). 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. The Applicant chosen as a member should expect to serve a 2- year term, pursuant to the Council's Charter.
Science Advisory Board (SAB); Meeting
The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Times and Dates: The meeting will be held Tuesday March 6, 2007, from 10:30 a.m. to 5:30 p.m. and Wednesday March 7, 2007, from 7:45 a.m. to 4 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days tentatively at the Hilton Washington DC/Silver Spring, 8727 Colesville Road, Silver Spring, Maryland 20910, pending approval of a purchase order. Please check the SAB Web site https://www.sab.noaa.gov for confirmation of the venue. Status: The meeting will be open to public participation with a 30- minute public comment period on March 6 (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments (at least 35 copies) should be received in the SAB Executive Director's Office by March 2, 2007, to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after March 2, 2007, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first-served basis. Matters to be Considered: The meeting will include the following topics: (1) NOAA's Regional Collaboration Initiative; (2) NOAA's Role in Research on Ocean Acidification; (3) Monitoring the Performance of Research in NOAA; (4) update on the NOAA Response to the Reports of the Hurricane Intensity Research Working Group (HIRWG); (5) update on the NOAA Response to the Report of the External Ecosystem Task Team (EETT); (6) Report on the Review of the Cooperative Institute for Climate Applications and Research (CICAR); and (7) Report on the Review of the Cooperative Institute for Oceanographic Satellite Studies (CIOSS). There will also be a joint meeting of the SAB and the NOAA Research Council.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels 60 ft (18.3 m) LOA and Longer Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels 60 ft (18.3 meters (m)) length overall (LOA) and longer using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2007 Pacific cod total allowable catch (TAC) allocated to catcher vessels using hook-and-line gear in the BSAI.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
NMFS announces that the State of North Carolina is transferring 3,914 lb (1,775 kg) of commercial summer flounder quota to the State of New Jersey from its 2007 quota. Bythis action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.
Country Group C: Destinations of Diversion Concern
The Department of Commerce's Bureau of Industry and Security (BIS) is considering amendments to the Export Administration Regulations (EAR) to further the national security interests of the United States by designating Country Group C for countries that are ``Destinations of Diversion Concern.'' This amendment would establish license requirements for exports and reexports to countries that represent a concern for the diversion of items subject to the EAR. BIS by this notice requests comments on Country Group C.
International Fisheries; Pacific Tuna Fisheries; Restrictions for 2007 Purse Seine and Longline Fisheries in the Eastern Tropical Pacific Ocean
NMFS proposes management measures to reduce overfishing of the eastern tropical Pacific Ocean (ETP) tuna stocks in 2007, consistent with recommendations by the Inter-American Tropical Tuna Commission (IATTC) that have been approved by the Department of State (DOS) under the Tuna Conventions Act. The purse seine fishery for tuna in the Convention Area would be closed for a 6-week period either beginning August 1, 2007, through September 11, 2007, or November 20, 2007, through December 31, 2007. This proposed rule would also close the U.S. longline fishery in the Convention Area in 2007 once the catch of bigeye tuna harvested with longline gear in the Convention Area reaches 500 metric tons (mt). This action is taken to limit fishing mortality caused by purse seine fishing and longline fishing in the Convention Area and contribute to long-term conservation of the tuna stocks at levels that support healthy fisheries.
Fisheries Off West Coast States; Coastal Pelagic Species Fishery; Amendment 12 to the Coastal Pelagic Species Fishery Management Plan
NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 12 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) for Secretary of Commerce review. The intent of Amendment 12 to the CPS FMP is to protect all species of krill off the West Coast (i.e., California, Oregon and Washington). This action would prohibit the harvest of all species of krill by any fishing vessel operating in the Exclusive Economic Zone (EEZ) off the West Coast and would deny the use of exempted fishing permits to allow krill fishing.
Gulf of Mexico Fishery Management Council; Public Meetings
The Gulf of Mexico Fishery Management Council (Council) will convene the Law Enforcement Advisory Panel (LEAP) to review a revised Draft Joint Amendment 27 to the Reef Fish Fishery Management Plan (FMP)/Amendment 14 to the Shrimp FMP. This amendment contains alternatives to regulate the harvest and bycatch of red snapper by both the directed commercial and recreational fisheries and the shrimp fishery in the Gulf of Mexico. The need for this amendment arose from the Southeast Data, Assessment and Review (SEDAR) process through which a recent stock assessment showed that the red snapper stock in the Gulf was overfished and overfishing was continuing.
Fisheries in the Western Pacific; Western Pacific Pelagic Fisheries; Hawaii Shallow-set Longline Fishery
NMFS issues this final rule to permanently remove the 7-day delay in effectiveness when closing the Hawaii-based shallow-set longline fishery as a result of reaching interaction limits for sea turtles. This final rule allows for an immediate closure of the fishery to enhance protection for sea turtles.
Incidental Take of Marine Mammals; Taking of Marine Mammals Incidental to Conducting Precision Strike Weapons Testing and Training by Eglin Air Force Base in the Gulf of Mexico
In accordance with provisions of the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that a letter of authorization (LOA) to take four species of marine mammals, by harassment, incidental to testing and training during Precision Strike Weapons (PSW) tests in the Gulf of Mexico (GOM), a military readiness activity, has been issued to Eglin Air Force Base (AFB).
Fisheries of the Northeastern United States; Method For Measuring Net Mesh Size
NMFS amends the regulations governing how fishing net mesh size is measured in the Northeast. This change will increase the weight used to measure mesh at or larger than 120 mm in all fisheries. The intent of this rule is to ensure consistent and accurate measurements of fishing net mesh size.
Notice of Intent to Prepare an Environmental Assessment for Implementation of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
NMFS announces its intent to prepare an Environmental Assessment (EA) in accordance with the National Environmental Policy Act of 1969 (NEPA) on the immediate Federal actions required to implement the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention). Although NEPA does not require publication of a notice- of-intent (NOI) to prepare an EA or a formal scoping process, it encourages public input opportunities. Therefore, NMFS is issuing this NOI to facilitate public involvement. The scoping process for the EA will include a 30-day period for submission of written comments on issues the U.S. should consider when, once a party to the Convention, implementing its relevant provisions.
Preliminary Results of Countervailing Duty New Shipper Review: Certain Welded Carbon Steel Standard Pipe from Turkey
The Department of Commerce (``the Department'') is conducting a new shipper review of the countervailing duty (``CVD'') order on certain welded carbon steel standard pipe from Turkey for the period January 1, 2005, through December 31, 2005. We preliminarily find that the net subsidy rate for the company under review is de minimis. See the ``Preliminary Results of Review'' section of this notice, infra. Interested parties are invited to comment on these preliminary results. See the ``Public Comment'' section, infra.
Practitioner Records Maintenance, Disclosure, and Discipline Before the Patent and Trademark Office
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 revision of a continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
North American Free-Trade Agreement, Article 1904 NAFTA Panel Reviews; Completion of Panel Review
Pursuant to the Decision of the Binational Panel dated January 5, 2007, respecting the motions to dismiss the final affirmative antidumping determination filed by the United States Department of Commerce and the Government of Canada, this proceeding was completed on February 16, 2007.
Endangered Species; File No. 1547-01
Notice is hereby given that the New York State Department of Environmental Conservation (Kathryn Hattala, Principal Investigator), 21 South Putt Corners Road, New Paltz, NY 12561, has applied in due form for a permit modification to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research.
Fisheries in the Western Pacific; Western Pacific Crustacean Fisheries; 2007 Harvest Guideline
NMFS announces that the annual harvest guideline for the commercial lobster fishery in the Northwestern Hawaiian Islands (NWHI) for calendar year 2007 is established at zero lobsters.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold its 137th meeting to consider and take actions on fishery management issues in the Western Pacific Region.
South Atlantic Fishery Management Council; Public Hearings
The South Atlantic Fishery Management Council (Council) will convene a series of public hearings regarding Amendment 18 to the Fishery Management Plan for Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic. Amendment 18 will modify the total allowable catch (TAC) for the Atlantic migratory group king mackerel and Spanish mackerel fisheries, and change the commercial trip limits for Spanish mackerel to reflect recent changes in the fishing year.
Gulf of Mexico Fishery Management Council; Public Meetings
The Gulf of Mexico Fishery Management Council (Council) will convene the Standing Scientific and Statistical Committee (SSC) to address four issues (see SUPPLEMENTARY INFORMATION).
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Processor Vessels Using Pot Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher processor vessels using pot gear in the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to prevent exceeding the A season allowance of the 2007 Pacific cod total allowable catch (TAC) specified for catcher processor vessels using pot gear in the BSAI.
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