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

The Stellwagen Bank National Marine Sanctuary (SBNMS or sanctuary) is seeking applicants for the following thirty vacant public seats on its Sanctuary Advisory Council (Council) (15 members; 15 alternates): (2) Research (Member and Alternate) (2) Conservation (Member and Alternate); (2) Education (Member and Alternate); (1) Marine Transportation (Member and Alternate); (1) Recreation (Member and Alternate); (1) Whalewatching (Member and Alternate); (1) Fixed Gear Commercial Fishing (Member and Alternate); (1) Mobile Gear Commercial Fishing (Member and Alternate); (1) Business and Industry (Member and Alternate); and (3) At-Large (Member and Alternate). 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. Applicants who are chosen as members should expect to serve two-three year terms, pursuant to the Council's Charter. The Council consists also of three State and three Federal non-voting ex-officio seats.

The National Oceanic and Atmospheric Administration's (NOAA's) National Marine Sanctuary Program (NMSP) is announcing the establishment of new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for fiscal year (FY) 2004. The indirect cost rates for this fiscal year and dates of implementation are provided in this notice. More information on these rates and the NMSP policy can be obtained from the address provided below.

NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery for catcher vessels subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the GOA. This action is necessary because the 2007 Pacific halibut prohibited species catch (PSC) sideboard limit specified for the deep-water species fishery for catcher vessels subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the deep-water species fisheries.

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.

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise and clarify U.S. licensing requirements and licensing policy on exports and reexports of items to the People's Republic of China (PRC). BIS published a revised policy and related amendments in proposed form in the Federal Register with a request for comments. This final rule establishes a control, based on knowledge of a ``military end-use,'' on exports and reexports to the PRC of certain items on the Commerce Control List (CCL) that otherwise do not require a license to the PRC. It also includes a revision to the license application review policy for items destined for the PRC that are controlled on the CCL for reasons of national security, and revises the license review policy for items controlled for reasons of chemical and biological weapons proliferation, nuclear nonproliferation, and missile technology for export to the PRC, requiring that applications involving such items be reviewed in conjunction with the revised national security licensing policy. This rule also creates a new authorization for ``validated end-users'' to which specified items may be exported or reexported without a license. Validated end-users will be placed on a list in the EAR after review and approval by the United States Government. The process for such review is also set forth in this final rule. This rule also revises the circumstances in which End-User Statements, issued by the PRC Ministry of Commerce (MOFCOM), must be obtained, requiring them for transactions that both require a license to the PRC for any reason and (for most exports) exceed a total value of $50,000. This final rule also includes other minor corrections and conforming amendments.

The Coral Reef Conservation Act of 2000 supports effective management and sound science to preserve, sustain, and restore valuable coral reef ecosystems. The NOAA Coral Reef Conservation Program (CRCP or Program) is a partnership among four NOAA Line Offices (i.e., the National Ocean Service, the National Marine Fisheries Service, the National Environmental Satellite, Data, and Information Service, and the Office of Oceanic and Atmospheric Research) working on coral reef issues. The program carries out, directly and in partnership with scientific, private, government and nongovernmental groups, a wide range of coral reef-related activities, including mapping and monitoring, management and capacity building, strategic research, and education and outreach. In order to evaluate and improve the success of its efforts to understand and conserve coral reefs, the CRCP is undertaking a comprehensive external review of the program. To this end, the CRCP is seeking external feedback, including public comment, on the program's approach to balancing competing priorities. An independent contractor will summarize all comments received in response to this request and will provide them to an expert review panel scheduled to convene in late September 2007.

NOAA publishes this notice to announce the availability of the revised draft NOAA 5-Year Research Plan for public comment. The Research Plan is revised to update it for 2007-2011.

NMFS is prohibiting directed fishing for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish for catcher vessels participating in the rockfish limited access fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of northern rockfish, Pacific ocean perch, and pelagic shelf rockfish allocated to catcher vessels participating in the rockfish limited access fishery in the Central Regulatory Area of the GOA.

NMFS announces the final rule to set 2007 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery, including quotas for each of the established domestic fishing categories and effort controls for the General category and Angling category. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). This action also makes a minor administrative change to the permit regulations.

NMFS proposes to amend the regulations governing the North and South Atlantic swordfish fisheries to implement two recommendations by the International Commission for the Conservation of Atlantic Tuna (ICCAT) (Recommendations 06-02 and 06-03). These recommendations establish baseline quotas for North and South Atlantic swordfish, respectively, and set caps on underharvest carryover. Additionally, recommendation 06-02 allows a contracting party (CPC) with a total allowable catch (TAC) allocation to make a transfer within a fishing year of up to 15 percent of its baseline allocation to other CPCs, as long as the transfer is conducted in a manner that is consistent with domestic obligations and conservation considerations. This action, if adopted, would remain in effect until ICCAT provides new recommendations for the U.S. swordfish fisheries. In addition, NMFS proposes to modify the North and South Atlantic swordfish quotas for the 2006 fishing year to account for updated landings information from the 2004 and 2005 fishing years. Finally, NMFS proposes to include the option of an internet Web site as an additional method for complying with the Atlantic HMS Angling or Atlantic HMS Charter/Headboat category's 24 hour reporting requirement. Currently, reporting is by telephone only. NMFS solicits written comments and will hold public hearings in July 2007 to receive oral comments on these proposed actions.

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.

NMFS proposes to decrease the incidental catch allowance for weakfish caught in the Exclusive Economic Zone (EEZ) from 300 lb (135 kg) to no more than 150 lb (67 kg) per day or trip, whichever is longer in duration. The intent of this proposed rule is to modify regulations for the Atlantic coast stock of weakfish to be more compatible with the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan (ISFMP) for weakfish, as set forth in the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act).

On September 22, 2005, the United States Court of International Trade (``CIT'') sustained the Final Results of Redetermination Pursuant to Remand, Hebei Metals & Minerals Imp. & Exp. Corp. And Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United States (July 20, 2005) (``Second Remand Redetermination'') made by the Department of Commerce (``the Department'') pursuant to the CIT's second remand of the final determination of the less-than-fair-value investigation of lawn and garden steel fence posts from the People's Republic of China (``PRC''). See Hebei Metals & Minerals Import & Export Corporation and Hebei Wuxin Metals & Minerals Trading Co., Ltd. v. United States, Consol. Ct. No. 03-00442, Slip Op. 05-126, (CIT September 22, 2005) (``Court Decision in Hebei Metals''). As there is now a final and conclusive court decision in this case, the Department is amending the final determination and antidumping duty order of this investigation.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce has approved the revised management plan, which includes an expansion of the boundary of the reserve, for the Weeks Bay National Estuarine Research Reserve. The Weeks Bay Reserve was designated in February 1986 pursuant to Section 315 of the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1461. The reserve has been operating under a management plan approved in 1998. Pursuant to 15 CFR Section 921.33(c), a state must revise their management plan every five years. The submission of this plan fulfills this requirement and sets a course for successful implementation of the goals and objectives of the reserve. The mission of the Weeks Bay Reserve is to provide leadership to promote informed management of estuarine and coastal habitats through scientific understanding and encourage good stewardship practices through partnerships, public education, and outreach programs. The management plan establishes three goals consistent with the reserve's mission. These goals are (1) protect and improve habitat and biological diversity within the boundary of the Reserve, (2) improve decisions affecting estuarine and coastal resources, and (3) promote education, stewardship, and scientific research focusing on estuarine ecosystems. Organized in a framework of programmatic goals and objectives, the Weeks Bay Reserve's management plan identifies specific strategies or actions for research, education/interpretation, public access, construction, acquisition, and resource protection, restoration, and manipulation. Overall, the plan seeks to accomplish the mission of the reserve by facilitating scientific research, encouraging stewardship, and addressing the local education and outreach needs. Specifically, stewardship is encompassed under resource protection, habitat restoration, and resource manipulation plans. These plans address reserve efforts to evaluate natural and anthropogenic processes that affect the reserve and its habitats, support for research and monitoring of important resources, restore and protect natural habitats and to actively educate the public to inform resource management. Research and monitoring support independent research projects within the reserve and its vicinity with resources and background data. Staff and visiting researchers conduct monitoring and research within the boundaries of the reserve and Weeks Bay watershed and use GIS to map critical habitats. Research and monitoring results are made available to others and is translated to public and private users through education, training and outreach programs. Education at the reserve targets a wide variety of audiences including students, teachers, adults, resource users and coastal decision-maker audiences. The reserve's comprehensive approach to education including a K-12 education program, outreach and a coastal training program are designed to increase knowledge of the target audiences about Alabama estuaries. Public access at Weeks Bay Reserve includes improving and enhancing water access to facilitate the implementation of reserve programs. Also, the reserve will reduce impacts on natural resources and maximize public outreach by designating specific areas (i.e., boardwalks) and create guidelines for public access. Administration at the reserve includes supporting the staffing and budget necessary to carry out the goals and objectives of the plan. The administration of the Weeks Bay Reserve is a collective effort involving the Alabama Department of Conservation and Natural Resources (ADCNR), other state or local agencies and organizations, and the Reserve Advisory Committee. An established administrative framework implements and coordinates Reserve programs under the plan. The boundary expansion incorporates adjacent state-owned coastal and submerged lands within the Weeks Bay Coastal Area. Incorporating these lands increases the size of the reserve from 6,192 acres to 6,525 acres. The expansion provides a broader and more representative diversity of wetland and water habitats found within the old boundary of the reserve. Habitats within the new boundary of the reserve include tidal freshwater riverine, emergent and forested wetland communities.

NMFS issues a final rule to amend regulations implementing the North Pacific Groundfish Observer Program (Observer Program). This action is necessary to avoid expiration of these regulations on December 31, 2007, and ensure uninterrupted observer coverage in North Pacific groundfish fisheries. This action is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMPs).

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)).

This final rule implements Amendment 13 to the Atlantic Sea Scallop Fishery Management Plan (Scallop FMP). Amendment 13 was developed by the New England Fishery Management Council (Council) to permanently re-activate the industry-funded observer program in the Scallop FMP through a scallop total allowable catch (TAC) and days-at- sea (DAS) set-aside program that helps vessel owners defray the cost of carrying observers. The following observer program management measures are implemented by this rule: Requirements for becoming an approved observer service provider; observer certification and decertification criteria; and notification requirements for vessel owners and/or operators. This action also requires scallop vessel owners, operators, or vessel managers to procure certified fishery observers for specified scallop fishing trips from an approved observer service provider. Additionally, this action allows adjustments to the observer program to be done through framework action.

This notice announces the Draft Federal Information Processing Standard (FIPS) 180-3, Secure Hash Standard (SHS), for public review and comment. The draft standard, designated ``Draft FIPS 180-3,'' is proposed to supersede FIPS 180-2. FIPS 180-2, Secure Hash Standard (SHS), August 2002, specifies secure hash algorithms (SHA) called SHA- 1, SHA-256, SHA-384 and SHA-512. These algorithms produce 160, 256, 384, and 512-bit outputs, respectively, which are called message digests. An additional secure hash algorithm, called SHA-224, that produces a 224-bit output, is specified in Change Notice 1 to FIPS 180- 2, which was issued in 2004. Draft FIPS 180-3 specifies five secure hash algorithms: SHA-1, SHA-224, SHA-256, SHA-384, and SHA-512. The proposed standard is available at https://csrc.nist.gov/publications/ drafts.html. Prior to the submission of this proposed standard to the Secretary of Commerce for review and approval, it is essential that consideration be given to the needs and views of the public, users, the information technology industry, and Federal, State, and local government organizations. The purpose of this notice is to solicit such views.