Department of Commerce March 19, 2007 – Federal Register Recent Federal Regulation Documents
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Notice of Availability of Final Stock Assessment Reports
As required by the Marine Mammal Protection Act (MMPA), NMFS has incorporated public comments into revisions of marine mammal stock assessment reports (SARs). These reports for 2006 are now final and available to the public.
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 Reauthorization Act of 2006 (MSRA). Such guidance would be added to the National Standard 1 Guidelines. These scoping meetings are in addition to those that were announced and published in a Federal Register notice on February 28, 2007. Note that the date of the scoping meeting to be held at the Gulf of Mexico Fishery Management Council meeting has been changed from March 29, 2007, to March 27, 2007.
Fisheries off West Coast States and in the Western Pacific; Overfishing Determination of Petrale Sole
This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that overfishing is occurring in fisheries for petrale sole. NMFS notified the Pacific Regional Fishery Management Council (Pacific Council) of its determination by letter. The Pacific Council is required to take action within 1 year following NMFS notification that overfishing is occurring or a stock is approaching overfishing, a stock is overfished or approaching an overfished condition, or existing remedial action taken to end overfishing or rebuild an overfished stock has not resulted in adequate progress.
Notice of Amended Final Results in Accordance With Court Decision: Heavy Forged Hand Tools from the People's Republic of China
On March 10, 2007, the appeals period expired with respect to a decision of the United States Court of International Trade (``CIT''), which had sustained the final results in part, and the remand determination in part, of the Department of Commerce (``the Department'') in the administrative review of the antidumping duty orders on heavy forged hand tools (``HFHTs'') from the People's Republic of China (``PRC''), covering the period February 1, 2001, through January 31, 2002. See Shandong Huarong Machinery Co. v. United States and Ames True Temper, Slip Op. 07-3 (Ct. Int'l Trade 2007) (``Shandong Huarong II''). As there is now a final court decision, we are amending the final results of the review in this matter. We will instruct U.S. Customs and Border Protection (``CBP'') to liquidate entries subject to these amended final results.
Polyethylene Retail Carrier Bags from the People's Republic of China: Final Results of Antidumping Duty Administrative Review
The Department of Commerce (``the Department'') published the preliminary results of administrative review of the antidumping duty order on polyethylene retail carrier bags (``PRCBs'') from the People's Republic of China (``PRC'') on September 13, 2006.\1\ The period of review (``POR'') is January 26, 2004, through July 31, 2005. We invited interested parties to comment on the Preliminary Results. Based on our analysis of the comments received, we have made changes to our margin calculations. Therefore, the final results differ from the Preliminary Results. The final dumping margins for this review are listed in the ``Final Results of Review'' section below.
Stainless Steel Bar from Germany: Preliminary Results of New Shipper Review
The Department of Commerce (``the Department'') is conducting a new shipper review of the antidumping duty order on stainless steel bar from Germany manufactured by Schmiedewerke Groditz GmbH (``SWG''). The period of review (``POR'') covers March 1, 2005, through February 28, 2006. We preliminarily determine that SWG did not make sales of subject merchandise at less than normal value (``NV'') in the United States during the POR. We invite interested parties to comment on these preliminary results.
Stainless Steel Sheet and Strip in Coils from the Republic of Korea: Final Results of Countervailing Duty Changed Circumstances Review
On December 19, 2006, the Department of Commerce (``the Department'') published in the Federal Register its preliminary results of the changed circumstances review of the countervailing duty (``CVD'') order on stainless steel sheet and strip in coils (``SSSS'') from the Republic of Korea (``Korea''). See Preliminary Results of Countervailing Duty Changed Circumstances Review: Stainless Steel Sheet and Strip in Coils from the Republic of Korea, 71 FR 75937 (December 19, 2006) (``Preliminary Results''). The Department preliminarily determined that: (1) Hyundai Steel Company (``Hyundai'') is the successor-in-interest to INI Steel Company (``INI''), formerly Inchon Iron and Steel Co., Ltd.; and (2) upon publication of these final results of this review, INI's current CVD cash deposit rate shall be applied to entries of subject merchandise made by Hyundai. We did not receive any comments on our preliminary results and have made no revisions to those results.
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada: Final Results of Antidumping Duty Administrative Review
On September 11, 2006, the Department of Commerce (the Department) published the preliminary results of its administrative review of the antidumping duty order on certain corrosion-resistant carbon steel flat products (CORE) from Canada. See Certain Corrosion- Resistant Carbon Steel Flat Products from Canada: Preliminary Results of Antidumping Duty Administrative Review, 71 FR 53363 (September 11, 2006) (Preliminary Results). The review covers shipments of this merchandise to the United States for the period August 1, 2004 through July 31, 2005, made by Dofasco Inc., Sorevco Inc. (Sorevco), and Do Sol Galva Ltd. (collectively Dofasco), and by Stelco Inc. We gave interested parties an opportunity to comment on our Preliminary Results. Based on our analysis of comments, we have made changes in the margin calculations. Therefore, the final results differ from the preliminary results. For the final dumping margins, see the ``Final Results of Review'' section below.
Oil Country Tubular Goods from Mexico: Notice of NAFTA Panel Decision Not In Harmony With Final Results of Administrative Review
On January 16, 2007, a Bi-National Panel (``Panel'') constituted under the North American Free Trade Agreement (``NAFTA'') affirmed the U.S. Department of Commerce's (``the Department's'') redetermination on remand of the final results of the fourth antidumping duty administrative review on oil country tubular goods from Mexico. See In the Matter of: Oil Country Tubular Goods from Mexico; Final Results of Antidumping Duty Review and Determination Not to Revoke, USA-MEX-2001-1904-05 (January 16, 2007) (``NAFTA Final Decision''). This case arises out of the Department's determination in the final results of administrative review covering the period August 1, 1998, to July 31, 1999. See Oil Country Tubular Goods from Mexico: Final Results of Antidumping Review and Determination Not To Revoke in Part, 66 FR 15832 and accompanying Issues and Decision Memorandum (``Final Results''). Consistent with the decision of the United States Court of Appeals for the Federal Circuit in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), the Department is notifying the public that the NAFTA Final Decision and the Notice of Final Panel Action are not in harmony with the Department's Final Results.
Amendment to the Required Minimum Performance Ratings for Optional Third-Year Funding for the Miami/Ft. Lauderdale, Oklahoma City and Honolulu Minority Business Enterprise Centers
On August 17, 2004, the Minority Business Development Agency (MBDA) published a Federal Register notice soliciting competitive applications for operators of the Miami/Ft. Lauderdale, Oklahoma City and Honolulu Minority Business Enterprise Centers (MBECs) (formerly Minority Business Development Centers). No other MBECs were included as part of this competitive solicitation. The August 17, 2004 notice provides for a two-year award period, with an optional third-year award period available at the sole discretion of MBDA and the Department of Commerce. The notice also provides that only those MBECs achieving ``outstanding'' performance ratings for each of the two prior program years are eligible to receive funding for the optional third-year of the award. This notice amends the August 17, 2004 notice to change the minimum required performance rating for the optional third-year award period from ``outstanding'' to ``at least commendable'' for the first program year. The ``outstanding'' performance requirement for the second program year continues to apply. MBDA is making this amendment to allow the operators of these three MBECs to be eligible for a third and final year of continuation funding if they achieve at least a ``commendable'' performance rating for first program year and an ``outstanding'' performance rating for the second program year.
Pacific Halibut Fishery; Guideline Harvest Levels for the Guided Recreational Halibut Fishery
NMFS provides notice of the guideline harvest levels (GHL) for the guided sport halibut fishery (charter fishery) in the International Pacific Halibut Commission (IPHC) regulatory areas 2C and 3A. The GHLs provide a benchmark harvest level for participants in the charter fishery. This notice is necessary to meet the management and regulatory requirements for the GHLs and to inform the public about the 2007 GHLs for the charter fishery.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
NMFS announces that the State of North Carolina is transferring 69,558 lb (31,551 kg) of commercial summer flounder quota to the Commonwealth of Virginia from its 2007 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Rocket Launches from Kodiak, AK
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 Alaska Aerospace Development Corporation (AADC), to take Steller sea lions (Eumetopias jubatus) and Pacific harbor seals (Phoca vitulina richardii) incidental to rocket launches from the Kodiac Launch Complex (KLC).
Endangered and Threatened Wildlife; Sea Turtle Conservation Requirements
In response to requests from members of the public, NMFS extends the public comment period on an advance notice of proposed rulemaking (ANPR) regarding potential amendments to regulatory requirements for turtle excluder devices (TEDs) for an additional 60 days, through May 18, 2007, for the purpose of receiving comments on the ANPR, published in the Federal Register on February 15, 2007.
Availability of Grant Funds for Fiscal Year 2007
The National Oceanic and Atmospheric Administration, National Marine Fisheries Service publishes this notice to reopen the competitive solicitation for the Chesapeake Bay Cooperative Science Program which was originally published in the Federal Register on December 27, 2006. The solicitation period was reopened to provide the public more time to submit proposals.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 13 to the Atlantic Sea Scallop Fishery Management Plan
NMFS announces that the New England Fishery Management Council (Council) has submitted Amendment 13 to the Atlantic Sea Scallop Fishery Management Plan (FMP) (Amendment 13), incorporating the public hearing document and the Initial Regulatory Flexibility Analysis (IRFA), for review by the Secretary of Commerce and is requesting comments from the public. The goal of Amendment 13 is to implement an observer service provider mechanism for the scallop fishery that would re-active the industry-funded observer program and the scallop total allowable catch (TAC) and days-at-sea (DAS) set-aside program to help defray the cost of carrying observers. Observer coverage in the scallop fishery is necessary to monitor the bycatch of finfish and interactions with threatened and endangered species. Amendment 13 specifies criteria for observer service providers, observer certification, decertification, and observer deployment logistics. Additionally, Amendment 13 allows adjustments to the observer program to be done by framework action.
Gray's Reef National Marine Sanctuary Regulations; Announcement of Effective Date
On October 12, 2006, the National Oceanic and Atmospheric Administration (NOAA) published a final rule (71 FR 60055) issuing a final management plan, revised designation document and final regulations for the Gray's Reef National Marine Sanctuary. Under the National Marine Sanctuaries Act, the final regulations would automatically take effect at the end of 45 days of continuous session of Congress beginning on October 12, 2006. The 45-day review period ended on February 16, 2007. This document confirms the effective date as February 16, 2007.
Revisions to the Export Administration Regulations Based on U.S. Recognition of Montenegro as a Sovereign State; Correction
The Bureau of Industry and Security (BIS) published a final rule in the Federal Register on Monday, November 27, 2006 (71 FR 68438) that amended 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. The November 27, 2006, final rule omitted a conforming amendment to the list of States Parties to the Chemical Weapons Convention in the EAR. This document corrects that rule by listing Serbia and Montenegro as separate countries on that list.
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