Department of Commerce March 2007 – Federal Register Recent Federal Regulation Documents

The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,631 nm \2\ (5,594 km \2\) in March and approximately 832 nm \2\ (2854 km \2\) in April, southeast of Boston, MA, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

NMFS announces that the Elephant Trunk Scallop Access Area (ETAA) will close to general category scallop vessels until it re-opens on March 1, 2008. This action is based on the determination that 865 general category scallop trips into the ETAA are projected to be taken as of 0001 hr local time, March 15, 2007. This action is being taken to prevent the allocation of general category trips in the ETAA from being exceeded during the 2007 fishing year, in accordance with the regulations implementing Framework 18 to the Atlantic Sea Scallop Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act.

The New England Fishery Management Council's (Council) Vessel Monitoring Systems (VMS)/Enforcement Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

In this document, the National Telecommunications and Information Administration (NTIA) adopts regulations to implement and administer a coupon program for digital-to-analog converter boxes. This rule implements provisions of section 3005 of Public Law 109-171, known as the Digital Television Transition and Public Safety Act of 2005. This action amends 47 CFR Chapter III by adding part 301.

NMFS proposes to temporarily suspend circle hook requirements for anglers participating in Atlantic billfish tournaments. The final rule implementing the Final Consolidated HMS Fishery Management Plan (FCHMS FMP) published in the Federal Register on October 2, 2006, and restricted anglers fishing from HMS permitted vessels and participating in Atlantic billfish tournaments to deploying only non-offset circle hooks when using natural baits or natural bait/artificial lure combinations, effective 12:01 am, January 1, 2007. The purpose of the final rule was to reduce post-release mortality of Atlantic billfish and other species with which billfish tournament anglers may interact. NMFS has continued to receive public comment since publication of the Final CHMS FMP regarding the perceived impacts of the billfish tournament non-offset circle hook requirement. The objective of this proposed rulemaking is to increase post-release survival of Atlantic billfishes by improving long-term compliance with billfish tournament non-offset circle hook regulations.

Pursuant to the Order of the Binational Panel dated January 16, 2007, affirming the final remand determination described above was completed on January 16, 2007.

The Gulf of Mexico Fishery Management Council (Council) will convene public meetings.

The Assistant Administrator for Fisheries, NOAA (AA), on behalf of the International Pacific Halibut Commission (IPHC), publishes annual management measures promulgated as regulations by the IPHC and approved by the Secretary of State governing the Pacific halibut fishery. The AA also announces modifications to the Catch Sharing Plan (CSP) for Area 2A (waters off the U.S. West Coast) and implementing regulations for 2007, and announces approval of the Area 2A CSP. These actions are intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPFMC).

NMFS announces Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops to be held in April, May, and June of 2007. These workshops provide certification opportunities and are required for fishermen and shark dealers to meet new regulatory requirements and maintain valid permits. The Atlantic Shark Identification Workshops are mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshops are mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Additional free workshops will be held throughout 2007.

NMFS has received an application from Northeast Gateway Energy Bridge\TM\ L.L.C. (Northeast Gateway) and Algonquin Gas Transmission, L.L.C. (Algonquin) for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to construction and operation of an offshore liquefied natural gas (LNG) facility. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to Northeast Gateway/Algonquin to incidentally take, by harassment, small numbers of several species of marine mammals for a period of 1 year.