Department of Commerce September 13, 2007 – Federal Register Recent Federal Regulation Documents

NMFS is considering proposing changes to its implementing regulations, and criteria governing the issuance of permits for scientific research and enhancement activities under section 104 of the Marine Mammal Protection Act (MMPA), and is soliciting public comment to better inform the process. Permits to take marine mammal species are governed by the MMPA and NMFS implementing regulations at 50 CFR part 216. For threatened and endangered marine mammal species, permits are also governed by the Endangered Species Act (ESA) and 50 CFR part 222. On May 10, 1996, a final rule was published establishing requirements for issuing permits to take, import, or export marine mammals (including endangered and threatened marine mammals) and marine mammal parts under NMFS jurisdiction for purposes of scientific research and enhancement, photography, and public display (for captures and initial imports), and providing procedures for determining the disposition of rehabilitated stranded marine mammals. NMFS intends to streamline and clarify general permitting requirements and requirements for scientific research and enhancement permits, simplify procedures for transferring marine mammal parts, possibly apply the General Authorization (GA) to research activities involving Level A harassment of non-ESA listed marine mammals, and implement a 'permit application cycle' for application submission and processing of all marine mammal permits. NMFS intends to write regulations for photography permits and is considering whether this activity should be covered by the GA. Any other recommendations received in response to this ANPR regarding regulations at 50 CFR part 216 will be considered prior to proposed rulemaking.

We preliminarily determine that imports of glycine from Japan are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733 of the Tariff Act of 1930, as amended. Interested parties are invited to comment on this preliminary determination. We will make our final determination within 75 days after the date of this preliminary determination.

On June 28, 2007, the United States Court of International Trade (``Court'') entered a final judgment in Xinyi Automotive Glass v. United States sustaining the third remand results made by the Department of Commerce (``the Department'') pursuant to the Court's remand of the final determination with respect to Certain Automotive Replacement Glass Windshields from the People's Republic of China (``PRC'') in Slip Op. 06-21 (CIT February 15, 2006). See Xinyi Automotive Glass v. United States, Ct. No. 02-00321, Judgment (Ct. Int'l Trade June 28, 2007) (``Xinyi''). 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.

This proposed rule would amend regulations concerning the reporting requirements for the BE-11, Annual Survey of U.S. Direct Investment Abroad. The BE-11 survey is conducted annually and is a sample survey that obtains financial and operating data covering the overall operations of U.S. parent companies and their foreign affiliates. Currently, banks are excluded from coverage. BEA proposes to expand the reporting requirements on the BE-11 annual survey so that U.S. parent companies that are banks, foreign affiliates of bank parents, and bank foreign affiliates of nonbank parents will be reportable. A few minor changes will be required to the instructions on Form BE-11A, Report for U.S. Reporter, so it can be used to collect bank as well as nonbank data. BEA is now implementing a new, specialized Form BE-11B for foreign affiliates of bank parents and bank foreign affiliates of nonbank parents.