Department of Commerce June 2007 – Federal Register Recent Federal Regulation Documents
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Fisheries of the Economic Exclusive Zone Off Alaska; Deep-water Species Fishery by Catcher Processor Rockfish Cooperatives in the Gulf of Alaska
NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery for catcher processor rockfish cooperatives 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 processor rockfish cooperatives 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.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received updated Fishery Management and Evaluation Plans (FMEPs) from the Oregon Department of Fish and Wildlife (ODFW) pursuant to the protective regulations promulgated for Middle Columbia River (MCR) steelhead (Oncorhynchus mykiss) under the Endangered Species Act. The FMEPs, together with an FMEP submitted previously by the Washington Department of Fish and Wildlife (WDFW), specify the future management of inland recreational fisheries potentially affecting MCR steelhead. Notice is also hereby given that a draft Environmental Assessment (EA) for tributary fisheries affecting MCR steelhead in Oregon and Washington has been drafted by NMFS. The EA analyzes the impacts of NMFS' approval or disapproval of the proposed tributary fisheries for steelhead, trout, and other species in the MCR steelhead distinct population segment (DPS). This document serves to notify the public of the availability of the FMEPs and the EA for review and comment before final approval or disapproval is made by NMFS.
Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part and Deferral of Administrative Review
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part and to defer the initiation of an administrative review for another antidumping duty order.
Pacific Fishery Management Council; Public Meetings
Two Groundfish Stock Assessment Review (STAR) Panels will hold work sessions which are open to the public. The first STAR Panel will review new assessments for darkblotched rockfish and cowcod. The second STAR Panel will review new assessments for canary rockfish and arrowtooth flounder.
Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeastern Data, Assessment, and Review (SEDAR) Steering Committee; Public Meeting
The SEDAR Steering Committee will meet to discuss the SEDAR assessment schedule, SEDAR process modifications, regional research and monitoring needs, and management evaluation activity scheduling.
Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits
NMFS issues a proposed rule for substantial revisions to recordkeeping and reporting (R&R) requirements. This proposed rule would also change a variety of fisheries permits provisions. Several definitions would be changed. Further, this proposed rule also revises a Sitka Pinnacles Marine Reserve closure provision and a groundfish observer provision regarding at-sea vessel-to-vessel transfers. This proposed rule would change certain crab provisions, including fee calculations. Detailed information on these changes is presented in the SUPPLEMENTARY INFORMATION section below. These actions are intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act and to further the goals and objectives of the Alaska fishery management programs.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
NMFS proposes a regulation to implement the annual harvest guideline for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2007, through December 31, 2007. This harvest guideline has been calculated according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific sardine off the Pacific coast.
Endangered and Threatened Wildlife and Plants; Finding on Whether to List Eastern Oyster as a Threatened or Endangered Species
The eastern oyster biological review team (BRT) has prepared an Endangered Species Act (ESA) status review report for the eastern oyster (Crassostrea virginica) and submitted it to NMFS. After reviewing the best available scientific and commercial information, we (NMFS) have determined that listing the eastern oyster as threatened or endangered under the ESA is not warranted at this time.
Notice of Availability of Draft Stock Assessment Reports
NMFS reviewed the Alaska, Atlantic, and Pacific regional marine mammal stock assessment reports (SARs) in accordance with the Marine Mammal Protection Act (MMPA). SARs for marine mammals in the Alaska, Atlantic, and Pacific regions were revised according to new information. NMFS solicits public comments on draft 2007 SARs.
Marine Mammals; File Nos. 782-1889, 358-1888, 881-1893, 881-1890, 434-1892, 1049-1886, 1034-1887, 715-1884, 715-1885, 1118-1881, and 1119-1882
Notice is hereby given that permits to conduct research on Steller sea lions (Eumetopias jubatus) have been issued to the following individuals and institutions: The National Marine Mammal Laboratory (NMML), NMFS, Seattle, WA (File No. 782-1889); Alaska Department of Fish and Game (ADF&G), Division of Wildlife Conservation, Juneau, AK (File No. 358-1888); The Alaska SeaLife Center (ASLC), Seward, AK (File No. 881-1890); the Oregon Department of Fish and Wildlife (ODFW), Corvallis, OR (File No. 434-1892); Kate Wynne, University of Alaska Fairbanks, Kodiak, AK (File No. 1049-1886); Dr. Markus Horning, Oregon State University, Hatfield Marine Science Center, Newport, OR (File No. 1034-1887); and the North Pacific Universities Marine Mammal Research Consortium (NPUMMRC), University of British Columbia, Vancouver, B.C. (File No. 715-1885). Notice is hereby given that permits to conduct research on northern fur seals (Callorhinus ursinus) have been issued to the following individuals and institutions: the ASLC, Seward, AK (File No. 881-1893); the NPUMMRC, University of British Columbia, Vancouver, B.C. (File No. 715-1884); the Aleut Community of St. Paul Island, Tribal Government, Ecosystem Conservation Office, St. Paul Island, AK (File No. 1118- 1881); and the Aleut Community of St. George Island, St. George Traditional Council, St. George Island, AK (File No. 1119-1882).
List of Fisheries for 2008
The National Marine Fisheries Service (NMFS) is publishing its proposed List of Fisheries (LOF) for 2008, as required by the Marine Mammal Protection Act (MMPA). The proposed LOF for 2008 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must categorize each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The categorization of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements.
Notice of the Removal of the Paper Search Collection of Registered Marks That Include Design Elements from Trademark Search Library in Arlington, VA
The United States Patent and Trademark Office (``USPTO'') hereby provides notice of the microfilming and removal of the paper search collection of trademark registrations that include design elements from the USPTO's Trademark Search Facility in Arlington, Virginia.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permits (EFPs)
This request for the continuation of an EFP involves the non- destructive collection of size frequency and population data on legal and sublegal lobsters as part of an ongoing research project to monitor the offshore lobster fishery in Lobster Management Area 3. Continuation of this EFP, until December 31, 2008, would not involve the authorization of any additional trap gear in the area. A maximum of seven participating commercial fishing vessels will continue the collection of data on the composition of lobsters in four general offshore study areas in a collaborative effort with the Atlantic Offshore Lobstermen's Association (AOLA). Continuation of this EFP would authorize each participating commercial fishing vessel to continue to utilize one modified juvenile lobster collector trap to collect population data. The lobster trap modifications are to the escape vents, and trap entrance head. Therefore, this modified trap would impact its environment no differently than the regular lobster trap it replaces and will add no additional traps to the area. After data is collected on lobsters in the trap, all sub-legal lobsters will be immediately returned to the sea. The EFP waives the American lobster escape vent requirement for a maximum of one trap per vessel for a maximum of seven vessels in the program. The Director, State, Federal and Constituent Programs Office, Northeast Region, NMFS (Office Director) has made a preliminary determination that the subject EFP application contains all the required information and warrants further consideration. The Office Director has also made a preliminary determination that continuation of the activities authorized under the EFPs would be consistent with the goals and objectives of Federal management of the American lobster resource. However, further review and consultation may be necessary before a final determination is made to issue EFPs. NMFS announces that the Office Director proposes to renew the subject EFPs, and, therefore, invites comments on the renewal of EFPs for this research.
Certain Hot-Rolled Carbon Steel Flat Products from the Netherlands; Final Results of the Sunset Review of Antidumping Duty Order and Revocation of the Order
On February 16, 2007, the Department of Commerce (``the Department'') published a notice of preliminary results of the full sunset review of the antidumping duty order on certain hot-rolled carbon steel flat products from the Netherlands pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). Since the publication of the preliminary results, the order has been revoked. Consequently, in the absence of an order currently in force, the Department cannot make a finding that revocation of the antidumping duty order would likely lead to the continuation or recurrence of dumping.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Extension of Emergency Fishery Closure Due to the Presence of the Toxin that Causes Paralytic Shellfish Poisoning
This action extends a temporary final rule published on October 18, 2005. The regulations contained in the temporary rule, emergency action, published on October 18, 2005, at the request of the U.S. Food and Drug Administration (FDA), and that were subsequently extended on December 28, 2005, June 30, 2006, and again on January 1, 2007, expire on July 1, 2007. This temporary rule extends a closure of Federal waters through December 31, 2007. The FDA has determined that current oceanographic conditions and alga sampling data suggests that the northern section of the Temporary Paralytic Shellfish Poison (PSP) Closure Area remain closed to the harvest of bivalve molluscan shellfish and that the southern area remain closed to the harvest of whole or roe-on scallops. NMFS is publishing the regulatory text associated with this closure in this temporary emergency rule in order to ensure that current regulations accurately reflect the codified text that has been modified and extended numerous times so that the public is aware of the regulations being extended through December 31, 2007.
Fisheries Off West Coast States; Highly Migratory Species Fisheries
NMFS issues a proposed rule to implement daily bag limits for sport-caught albacore tuna (Thunnus alalunga) and bluefin tuna (Thunnus orientalis) in the Exclusive Economic Zone (EEZ) off California under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). This proposed rule would be implemented as a conservation measure as part of the 2007-2009 biennial management cycle as established in the HMS FMP Framework provisions for changes to routine management measures.
Patent Term Extension
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 continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Survey of Income and Program Participation (SIPP) Wave 1 of the 2008 Panel
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 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)).
Notice of Public Meeting of the National Conference on Weights and Measures
The Annual Meeting of the 92nd National Conference on Weights and Measures (NCWM) will be held July 8 to 12, 2007, in Snowbird, Utah. The meetings are open to the public, but registration with the NCWM is required. The NCWM is an organization of state, county, and city weights and measures officials and includes representatives of business, federal agencies, and members of the private sector which come together to develop standards related to weights and measures technology, administration, and enforcement. Pursuant to (15 U.S.C. 272(b)(6)), the Weights and Measures Division of the National Institute of Standards and Technology (NIST) supports the NCWM as one of the forums it uses to solicit comments and recommendations on revising or updating a variety of publications related to legal metrology. NIST promotes uniformity among the states in laws, regulations, methods, and testing equipment that comprise the regulatory control of commercial weighing and measuring devices and other practices used in trade and commerce. Publication of this notice on the NCWM's behalf is undertaken as a public service; NIST does not endorse, approve, or recommend any of the proposals contained in this notice or in the publications of the NCWM mentioned below. Please see NCWM Publication 16 which contains meeting agendas and schedules, registration forms and hotel information at https://www.ncwm.net.
National Medal of Technology's Call for Nominations 2007; Extension of Nomination Period
The Department of Commerce's Technology Administration is extending the deadline for the solicitation period for nominations for its National Medal of Technology (NMT) 2007 program from May 31, 2007 to July 18, 2007 due to server problems encountered during the submission period. Established by statute in 1980, the President of the United States awards the National Medal of Technology to our Nation's leading innovators. If you know of a candidate who has made an outstanding, lasting contribution to the economy through technology, you may obtain a nomination form from: https://www.technology.gov/medal.
Endangered and Threatened Species; Proposed Endangered Status for the Cook Inlet Beluga Whale; Public Hearing
On April 20, 2007, NMFS proposed the listing of the Cook Inlet beluga whale as an endangered species under the Endangered Species Act of 1973 (ESA). As part of that proposal, NMFS announced a public comment period to end on June 19, 2007, and then extended the comment period to August 3, 2007. NMFS has received requests for public hearings on this issue. In response, NMFS announced two public hearings to be held in Alaska in a previous Federal Register notice. In addition, NMFS is announcing a separate hearing in this notice that will be held in Silver Spring, Maryland, in order to provide greater opportunity for public comment.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan
NMFS revises regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP) by expanding the Southeast U.S. Restricted Area and modifying regulations pertaining to gillnetting within the Southeast U.S. Restricted Area. NMFS prohibits gillnet fishing or gillnet possession during annual restricted periods associated with the right whale calving season. Limited exemptions to the fishing prohibitions are provided for gillnet fishing for sharks and for Spanish mackerel south of 29[deg]00' N. lat. An exemption to the possession prohibition is provided for transiting through the area if gear is stowed in accordance with this final rule. This action is required to meet the goals of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). This action is necessary to protect northern right whales from serious injury or mortality from entanglement in gillnet gear in their calving area in Atlantic Ocean waters off the Southeast U.S.
Proposed Information Collection; Comment Request; Census Coverage Measurement Person Interview and Reinterview Operations
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)).
Procedures for Participation in the 2010 Decennial Census Local Update of Census Addresses (LUCA) Program
The Bureau of the Census (Census Bureau) is requesting public comment on the proposed procedures for developing the specific components of an address list review program, known as the Local Update of Census Addresses (LUCA) program. The Census Bureau will use the LUCA program to help develop the housing unit and group quarters (e.g., college dormitory, nursing home, correctional facility, etc.) address information that it will need to conduct the 2010 Decennial Census. The program will be available to tribal, state, and local governments, and the District of Columbia and Puerto Rico (or their designated representatives), in areas for which the Census Bureau performs a precensus address canvassing operation (excluded are sparsely settled areas in the states of Alaska and Maine). The LUCA program includes federally recognized American Indian tribes with reservations and/or off-reservation trust lands, states, and general-purpose local governments, such as cities and townships, for which the Census Bureau reports data. This notice provides information about the three proposed options available to participants for reviewing and annotating the 2010 Census LUCA materials, as well as a description of the feedback materials that will be provided to participants following their participation. A future notice will announce the establishment outside the Department of Commerce (DOC) of the Census Address List Appeals process that will be established by the Office of Management and Budget (OMB) for the 2010 Census LUCA Operation. The Census Bureau and the OMB will publish a separate Federal Register Notice seeking comments on this Appeal process at a later date.
Incidental Takes of Marine Mammals Incidental to Specified Activities; Harbor Activities Related to the Delta IV/Evolved Expendable Launch Vehicle at Vandenberg Air Force Base, CA
In accordance with the provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to United Launch Alliance (ULA) to take small numbers of marine mammals, by Level B harassment only, incidental to harbor activities related to the Delta IV/Evolved Expendable Launch Vehicle (EELV) at south Vandenberg Air Force Base, CA (VAFB).
Oil Country Tubular Goods from Argentina, Italy, Japan, Korea, and Mexico; Revocation of Antidumping Duty Orders Pursuant to Second Five-year (Sunset) Reviews
As a result of the determination by the International Trade Commission (``ITC'') that revocation of the antidumping duty orders on oil country tubular goods (``OCTG'') from Argentina, Italy, Japan, Korea, and Mexico would not be likely to lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, the Department of Commerce (``the Department'') is publishing this notice of revocation of these antidumping duty orders pursuant to sections 751(c) and (d)(2) of the Tariff Act of 1930, as amended (``the Act'').
Certain Hot-Rolled Carbon Steel Flat Products from the Netherlands; Amended Final Results of the Antidumping Duty Administrative Review
On May 22, 2007, the Department of Commerce (the Department) published Certain Hot-Rolled Carbon Steel Flat Products from the Netherlands; Final Results of Antidumping Duty Administrative Review, 72 FR 28676, (May 22, 2007) (Final Results), covering the period of review (POR) November 1, 2004, through October 31, 2005. We are amending the Final Results to correct ministerial errors made in the calculation of the dumping margins for Corus Staal BV (Corus Staal), pursuant to section 751(h) of the Tariff Act of 1930, as amended (the Act).
Caribbean Fishery Management Council; Public Meeting
The Caribbean Fishery Management Council's Charter Boat Ad Hoc Committee will hold a meeting.
Fresh Garlic from the People's Republic of China: Final Results and Partial Rescission of the Eleventh Administrative Review and New Shipper Reviews
On December 11, 2006, the Department of Commerce (``the Department'') published the Preliminary Results of the administrative review and new shipper review of fresh garlic from the People's Republic of China (``PRC''), covering the period November 1, 2004, through October 31, 2005. See Fresh Garlic from the People's Republic of China: Partial Rescission and Preliminary Results of the Eleventh Administrative Review and New Shipper Reviews, 71 FR 71510 (December 11, 2006) (``Preliminary Results''). The period of review (``POR'') is November 1, 2004, through October 31, 2005. Based on our analysis of the comments received, we have made certain changes to our calculations. The final dumping margins for these reviews are listed in the ``Final Results of the Reviews'' section below.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Closure of the Eastern U.S./Canada Area
NMFS announces a temporary closure of the Eastern U.S./Canada Area to limited access NE multispecies days-at-sea (DAS) vessels. Based upon Vessel Monitoring System (VMS) reports and other available information, the Administrator, Northeast Region, NMFS (Regional Administrator) has projected that 100 percent of the total allowable catch (TAC) of Georges Bank (GB) cod allocated to be harvested from the Eastern U.S./Canada Area would be harvested by July 12, 2007, if current catch rates continue. This action is being taken to prevent the 2007 TAC for GB cod in the Eastern U.S./Canada Area from being exceeded during the 2007 fishing year, and to minimize the impacts of discards of undersized haddock, in accordance with the regulations implemented under Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and Management Act. This area will be reopened at a later date during the 2007 fishing year to provide access to the shared U.S./Canada Stocks of cod, haddock, and yellowtail flounder, if NMFS determines that the area can be reopened without exceeding the GB cod TAC for the 2007 fishing year.
Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-water Species Fishery by Catcher Processors in the Gulf of Alaska
NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by catcher processors 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 shallow-water species fishery for catcher processors subject to sideboard limits established under the Central GOA Rockfish Program in the GOA is insufficient to support directed fishing for the shallow-water species fisheries.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery
NMFS proposes new Federal American lobster (Homarus americanus) regulations that would implement further minimum carapace length (gauge) increases, escape vent size increases, and trap reductions in the offshore American lobster fishery, consistent with recommendations for Federal action in the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for American Lobster (ISFMP) and pending management actions of the Commission's American Lobster Management Board (Board).
Endangered and Threatened Species; Take of Anadromous Fish
NOAA's National Marine Fisheries Service (NMFS) has received a request from the City of Seattle (the City) to amend its Permit 1235 (Permit) authorizing take of Puget Sound chinook salmon incidental to the operation of the City's watershed supply and management system. NMFS is requesting comments on whether Permit 1235 if amended as requested would still meet the statutory criteria for issuance of an incidental take permit.
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