Department of Commerce May 2007 – Federal Register Recent Federal Regulation Documents
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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 Guana Tolomato Matanzas (Florida) National Estuarine Research Reserve, the San Francisco Bay (California) National Estuarine Research Reserve, the Jacques Cousteau (New Jersey) National Estuarine Research Reserve, the Maryland Coastal Management Program, and the Florida Coastal Management Program. The Coastal Zone Management Program evaluations 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. Dates and Times: The Guana Tolomato Matanzas (Florida) National Estuarine Research Reserve evaluation site visit will be held July 17- 19, 2007. One public meeting will be held during the week. The public meeting will be held on Wednesday, July 18, 2007, at 6 p.m. at the Guana Tolomato Matanzas National Estuarine Research Reserve Environmental Education Center, 505 Guana River Road, Ponte Vedra Beach, Florida. The San Francisco Bay (California) National Estuarine Research Reserve evaluation site visit will be held August 27-30, 2007. One public meeting will be held during the week. The public meeting will be held on Tuesday, August 28, 2007, at 7 p.m. at the Farallon Room, Aquarium of the Bay, Pier 39, The Embarcadero at Beach Street, San Francisco, California. The Jacques Cousteau (New Jersey) National Estuarine Research Reserve evaluation site visit will be held September 11-13, 2007. One public meeting will be held during the week. The public meeting will be held on Wednesday, September 12, 2007, at 7 p.m. at the Jacques Cousteau National Estuarine Research Reserve Coastal Education Center, 130 Great Bay Boulevard, Tuckerton, New Jersey. The Maryland Coastal Management Program evaluation site visit will be held September 10-14, 2007. One public meeting will be held during the week. The public meeting will be held on Monday, September 10, 2007, at 6:30 p.m. at the Maryland Department of Natural Resources, Tawes State Office Building, C-1 Conference Room, 580 Taylor Avenue, Annapolis Maryland. The Florida Coastal Management Program evaluation site visit will be held September 17-21, 2007. One public meeting will be held during the week. The public meeting will be held on Tuesday, September 18, 2007, at 6:30 p.m. at the Florida Department of Environmental Protection, Marjorie Stoneman Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida.
Disclosure of Government Information; Responsibility for Responding to Freedom of Information Act Requests
The Department of Commerce (Commerce) publishes this action to finalize its interim final rule that established the date that the Department uses in identifying those records that it may consider when responding to a Freedom of Information Act request. The Department takes this action pursuant to a court order that enjoined it from further use of its regulations.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS has determined that the Atlantic tunas General and Highly Migratory Species (HMS) Angling categories daily Atlantic bluefin tuna (BFT) retention limits should be adjusted for the 2007 fishing year, which begins on June 1, 2007, and ends December 31, 2007. The adjustment will allow for maximum utilization of the General category June through August time-period subquota, and will enhance recreational BFT fishing opportunities aboard HMS Angling and Charter/Headboat vessels in the early portion of the season. Therefore, NMFS increases the daily BFT retention limits to provide enhanced commercial and recreational fishing opportunities in all areas without risking overharvest of the General and Angling category quotas.
Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea/Aleutian Islands Fishery Resources; American Fisheries Act Sideboards
NMFS issues a proposed rule to implement Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). Amendment 80 (hereinafter the ``Program'') primarily would allocate several Bering Sea and Aleutian Islands (BSAI) non-pollock trawl groundfish fisheries among fishing sectors, and facilitate the formation of harvesting cooperatives in the non-American Fisheries Act (AFA) trawl catcher/processor sector. The Program would establish a limited access privilege program (LAPP) for the non-AFA trawl catcher/processor sector. This proposed action is necessary to increase resource conservation and improve economic efficiency for harvesters who participate in the BSAI groundfish fisheries. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the FMP, and other applicable law.
U.S. Electronic Education Fairs for China and India
U.S. accredited colleges and universities are invited to sponsor the U.S. Electronic Education Fairs for China and India by purchasing space on the corresponding internet landing pages.
Certain Automotive Replacement Glass Windshields from The People's Republic of China: Notice of Decision of the Court of International Trade Not in Harmony
On May 10, 2007, the United States Court of International Trade (``Court'') entered a final judgment sustaining the third remand results made by the Department of Commerce (``the Department'') pursuant to the Court's remand of the antidumping duty order on Certain Automotive Replacement Glass Windshields from the People's Republic of China (``PRC'') in Slip Op. 06-21 (CIT February 15, 2006). See Fuyao Glass Industry Group Co. v. United States, Ct. No. 02-00282, Slip Op. 06-21 (Ct. Int'l Trade May 10, 2007) (``Fuyao Glass''). This case arises out of the Department's Antidumping Duty Order on Certain Automotive Replacement Glass Windshields from the People's Republic of China, 67 FR 16087 (April 4, 2002) (``Order''). The final judgment in this case was not in harmony with the Department's Final Determination of Sales at Less Than Fair Value: Certain Automotive Replacement Glass Windshields From the People's Republic of China, 67 FR 6482 (February 12, 2002) (``Final Determination''), and accompanying Issues and Decisions Memorandum (``Decision Memo''), as amended at 67 FR 11670 (March 15, 2002), covering the period of investigation (``POI''), July 1, 2000 through December 31, 2000.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Reporting Requirements and Conservation Measures
This action implements new reporting and conservation measures under the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The purpose of this action is to prevent interactions between CPS fisherman and southern sea otters, as well as establish methods for fishermen to report these occurrences when they occur. These reporting requirements and conservation measures require CPS fishermen/vessel operators to employ avoidance measures when southern sea otters are present in the area they are fishing and to report any interactions that may occur between their vessel and/or fishing gear and sea otters.
Taking and Importing of Marine Mammals
The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has renewed the affirmative finding for the Republic of Ecuador 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 Ecuadorian-flag purse seine vessels or purse seine vessels operating under Ecuadorian jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Republic of Ecuador and obtained from the Inter-American Tropical Tuna Commission (IATTC) and the U.S. Department of State.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Conducting Air-to-Surface Gunnery Missions in the Gulf of Mexico
NMFS has received a request from Eglin Air Force Base (Eglin AFB), for renewal of an authorization to harass marine mammals, incidental to conducting air-to-surface (A-S) gunnery missions in the Gulf of Mexico (GOM). As a result of this request, NMFS is proposing to reissue a 1-year authorization to take marine mammals by Level B harassment incidental to this activity. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to Eglin AFB to incidentally take, by harassment, several species of cetaceans for a period of 1 year.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Interim Rule Extension
This action extends interim measures that were implemented by the National Marine Fisheries Service (NMFS) on December 22, 2006, to reduce the potential for overfishing the Atlantic sea scallop (scallop) resource and causing excessive scallop mortality resulting from deck loading by reducing the number of limited access and general category scallop trips to the Elephant Trunk Access Area (ETAA), and prohibiting the retention of more than 50 U.S. bushels (17.62 hL) of in-shell scallop outside of the boundaries of the ETAA. This action will extend these interim measures, which were scheduled to expire on June 20, 2007, through December 23, 2007.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part
The Department of Commerce has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with April anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department of Commerce also received a request to revoke one antidumping duty order in part. EFFECTIVE DATE: May 30, 2007.
Stainless Steel Bar from Germany; Preliminary Results of the Sunset Review of Antidumping Duty Order
On February 1, 2007, the Department of Commerce (``the Department'') initiated a sunset review of the antidumping duty order on stainless steel bar from Germany. On the basis of the notice of intent to participate by domestic interested parties 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 section 351.218(e)(2)(i) of the Department's regulations. As a result of this sunset review, the Department preliminarily finds that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping at the levels listed below in the section entitled ``Preliminary Results of Review.''
Local Update of Census Addresses (LUCA) Program
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)).
Proposed Information Collection; Comment Request; NTIA/FCC Web-Coordination Collection
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.
Request for Duty-Free Entry of Scientific Instrument or Apparatus
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burdens, invites the general public and other Federal agencies to take this opportunity to comment on continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Survey of Industrial Research and Development
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)).
Voluntary Self-Disclosure of Antiboycott Violations
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)).
North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Consent Motion To Terminate Panel Review
Pursuant to the Notice of Consent Motion to Terminate the Panel Review by the case participants, the panel review is terminated as of May 22, 2007. Pursuant to Rule 71(2) of the Rules of Procedure for Article 1904 Binational Panel Review, this panel review is terminated.
North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Consent Motion To Terminate Panel Review
Pursuant to the Notice of Consent Motion to Terminate the Panel Review by the case participants, the panel review is terminated as of May 22, 2007. Pursuant to Rule 71(2) of the Rules of Procedure for Article 1904 Binational Panel Review, this panel review is terminated.
North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Consent Motion To Terminate Panel Review
Pursuant to the Notice of Consent Motion to Terminate the Panel Review by the case participants, the panel review is terminated as of May 22, 2007. Pursuant to Rule 71(2) of the Rules of Procedure for Article 1904 Binational Panel Review, this panel review is terminated.
Instructions to Assist Manufacturers Submitting Digital-to-Analog Converter Box Test Results and Sample Equipment for Certification.
This notice provides guidance for manufacturers that intend to submit digital-to-analog converter boxes to the National Telecommunications and Information Administration (NTIA) for certification as part of the Digital-to-Analog Converter Box Coupon Program. This notice also provides address and contact information regarding the required submission of test results and sample equipment.
Endangered and Threatened Species; 90-Day Finding for a Petition To List the Global Populations of Right Whales as a Single Species
We, NMFS, announce a 90-day finding regarding a petition to list the global populations of right whales with the common name Black Whale as a single species under the Endangered Species Act of 1973, as amended (ESA). This action is required by section 4(b)(3)(A) of the ESA. After review, we find the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.
Fisheries of the Economic Exclusive Zone Off Alaska; Pacific Cod in the Bering Sea and Aleutian Islands
NMFS is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using pot or hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to fully use the 2007 total allowable catch (TAC) of Pacific cod specified for catcher vessels less than 60 feet (18.3 m) LOA using pot or hook-and-line gear in the BSAI.
Organizing “Green Manufacturing Day” for U.S. Businesses; Comment Request
The International Trade Administration proposes to organize a ``Green Manufacturing Day'', aimed at enhancing public-private interaction in the field of sustainable manufacturing. This notice seeks public input on areas of interest for discussion at the proposed ``Green Manufacturing Day''.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2007 Deep-Water Grouper Commercial Fishery
NMFS closes the commercial fishery for deep-water grouper (misty grouper, snowy grouper, yellowedge grouper, warsaw grouper, and speckled hind) in the exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has determined that the deep-water grouper quota for the commercial fishery will have been reached by June 2, 2007. This closure is necessary to protect the deep-water grouper resource.
Marine Fisheries Advisory Committee; Public Meetings
Notice is hereby given of meetings of the Marine Fisheries Advisory Committee (MAFAC). This will be the first of two possible meetings to be held in fiscal year 2007 to review and advise NOAA on management policies for living marine resources. Agenda topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. All full Committee sessions will be open to the public.
Intent to Prepare a Programmatic Environmental Impact Statement, and Conduct Restoration Planning to Compensate for Injuries to Natural Resources in the Lower Duwamish River
The NOAA, U.S. Fish and Wildlife Service, Washington State's Department of Ecology and the Department of Fish and Wildlife, Suquamish Tribe of Indians, Muckleshoot Tribe of Indians (all agencies and Indian Tribes are collectively referred to as the ``Trustees'') are providing notice of their efforts to plan restoration projects to compensate for injuries to natural resources in the Lower Duwamish River (River). The Trustees seek damages from potentially responsible parties (PRPs) to restore, rehabilitate, replace or acquire the equivalent of natural resources and services injured by the release of hazardous substances. The Trustees will prepare a programmatic environmental impact statement (PEIS) to identify and address the environmental impacts of the injuries, and they seek public involvement in development of a Draft Restoration Plan (RP). This notice explains the scoping process the Trustees will use to gather input from the public. Comments on what the Trustees should consider in the PEIS and RP may be submitted in written form or verbally at a public scoping meeting.
Low Enriched Uranium from France: Notice of Amended Final Negative Determination Pursuant to Final Court Decision, Rescission of Administrative Review, and Revocation of the Countervailing Duty Order
On May 18, 2006, the United States Court of International Trade (``the CIT'') sustained the Department of Commerce's (``the Department's'') March 2, 2006, Final Results of Redetermination on Remand pursuant to Eurodif S.A., Compagnie Generale Des Matieres Nucleaires, and Cogema Inc., et. al. v. United States, Slip. Op. 06-3 (CIT, January 5, 2006), which pertains to the Final Affirmative Countervailing Duty Determination on Low Enriched Uranium (``LEU'') from France. Because all litigation in this matter has concluded, the Department is issuing an amended final negative determination for LEU from France and revoking the countervailing duty (``CVD'') order. The Department is also rescinding the ongoing administrative review covering the period January 1, 2006, through December 31, 2006, and will not initiate the deferred administrative review covering the period January 1, 2005, through December 31, 2005.
Brake Rotors From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
The Department of Commerce (``Department'') received a timely request to conduct a new shipper review of the antidumping duty order on brake rotors from the People's Republic of China (``PRC''). In accordance with 751(a)(2)(B) of the Tariff Act of 1930, as amended (``Act''), and 19 CFR 351.214(d)(1), we are initiating a new shipper review for Shanghai Tylon Company Ltd. (``Tylon'').
Antidumping Methodologies in Proceedings Involving Certain Non-Market Economies: Market-Oriented Enterprise
The Department of Commerce (``the Department'') requests public comment on whether it should consider granting market-economy treatment to individual respondents in antidumping proceedings involving China, the conditions under which individual firms should be granted market-economy treatment, and how such treatment might affect our antidumping calculation for such qualifying respondents.
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, June 7, 2007, from 8:30 a.m. until 5 p.m., and Friday, June 8, 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/.
Advanced Technology Program; Extension of Due Date for Proposals
Due to technical difficulties, NIST is extending the deadline for proposal submission for its Advanced Technology Program competition to 3 p.m. Eastern Time, Friday, May 25, 2007. NIST will accept only paper submissions during the extended time period.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA
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 (Zalophus californianus) and Pacific harbor seals (Phoca vitulina) incidental to authorizing professional fireworks displays within the Sanctuary in California waters.
Endangered Species; File No. 1526
Notice is hereby given that Andre Landry, Sea Turtle and Fisheries Ecology Research Lab, Texas A&M University at Galveston, 5007 Avenue U, Galveston, TX 77553, has requested a modification to scientific research Permit No. 1526.
Endangered Species; File No. 1604
Notice is hereby given that the U.S. Fish and Wildlife Service (Dr. Chester Figiel, Principal Investigator), 5308 Spring Street, Warm Springs, GA 31830, has been issued a permit to take captive shortnose sturgeon (Acipenser brevirostrum) for purposes of enhancement and scientific research.
Establishment of Marine Reserves and a Marine Conservation Area Within the Channel Islands National Marine Sanctuary
On August 11, 2006 NOAA issued a notice of proposed rulemaking to establish a network of marine zones within the state and federal waters of the Channel Islands National Marine Sanctuary (CINMS or Sanctuary). State waters in the Sanctuary extend from the shoreline of the islands to approximately 3 nautical miles from shore. Federal waters of the Sanctuary extend from the offshore extent of state waters to the Sanctuary's outer boundary. In this final rule, NOAA is issuing final regulations for the federal-waters portion of the Sanctuary. NOAA has decided to defer a final decision and seeking additional comment on the state-waters portion of the Sanctuary pending action by the State of California to extend the boundaries of several existing state-waters zones to the three mile state-federal-waters boundary. Marine zones are discrete areas that have special regulations differing from the regulations that apply throughout or above the Sanctuary as a whole. The purpose of these zones within the federal waters of the Sanctuary is to further the protection of Sanctuary biodiversity and complement an existing network established by the State of California in October 2002, and implemented in April 2003, under its authorities. Two types of zones are being established by this action: Marine reserves and marine conservation areas. All extractive activities (e.g., removal of any Sanctuary resource) and injury to Sanctuary resources are prohibited in all marine reserves. Commercial and recreational lobster fishing and recreational fishing for pelagic species are allowed within the marine conservation area, while all other extraction and injury are prohibited. This action establishes approximately 110.5 square nautical miles of marine reserves and 1.7 square nautical miles of marine conservation area in the federal waters of the Sanctuary. As part of this action, NOAA is also modifying the terms of designation for the Sanctuary, which were originally published on October 2, 1980 (45 FR 65198), to allow for the regulation of extractive activities, including fishing, in marine reserves and marine conservation areas, and a slight modification to the outer boundary of the CINMS.
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