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

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)).

Pursuant to the Notice of Consent Motion to Terminate the Panel Review by the complainants and pursuant to Rule 78(a) of the Rules of Procedure for Article 1904 Binational Panel Review, this panel review is terminated as of October 12, 2007.

NMFS issues this final rule to implement the annual harvest guideline (HG) for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast (California, Oregon, and Washington) for the fishing season of January 1, 2007, through December 31, 2007. This HG 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.

NMFS is opening directed fishing for groundfish by vessels using trawl gear in the Gulf of Alaska (GOA), effective 1200 hrs, Alaska local time, October 22, 2007. This action is necessary to fully use the 2007 Pacific halibut prohibited species catch (PSC) limit specified for vessels using trawl gear in the GOA.

In response to the Government of Burma's continued repression of the democratic opposition in Burma, and consistent with Executive Order 13310 of July 28, 2003 and Executive Order 13448 of October 18, 2007, this final rule amends the Export Administration Regulations (EAR) to move Burma into more restrictive country groupings and impose a license requirement for exports, reexports or transfers of most items subject to the EAR to persons listed in or designated pursuant to Executive Orders 13310 and 13448.

NMFS is correcting a final rule that appeared in the Federal Register on September 4, 2007. The final rule implemented Amendment 85 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) as partially approved by NMFS, and implemented recent changes to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Amendment 85 modified the current allocations of Bering Sea and Aleutian Islands Management Area (BSAI) Pacific cod total allowable catch, and seasonal apportionments thereof, among various harvest sectors. The final rule also included the congressionally mandated increase in the allocation of BSAI Pacific cod to the Community Development Quota (CDQ) Program.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Monday, November 5, 2007, from 10:30 a.m. to 5:30 p.m. and Tuesday, November 6, 2007, from 8 a.m. to 3:45 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held both days in the NOAA Nickles Conference Room 3910 at the National Weather Center on the campus of the University of Oklahoma, 120 David L. Boren Blvd., Norman, Oklahoma 73072-7303. Please check the SAB Web site https://www.sab.noaa.gov for confirmation of the venue. Status: The meeting will be open to public participation with a 30- minute public comment period on November 6 (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Written comments should be received in the SAB Executive Director's Office by October 29, 2007 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after October 29, 2007, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first- served basis. Matters To Be Considered: The meeting will include the following topics: (1) The final NOAA response to the Reports from the Hurricane Intensity Research Working Group (HIRWG); (2) the final NOAA response to the External Review of NOAA's Ecosystem Research and Science Enterprise; (3) the draft report from the SAB's Extension, Outreach, and Education Working Group; (4) a presentation on Laboratory Reviews in the NOAA Office of Oceanic and Atmospheric Research; (5) tours and discussions of the University of Oklahoma and NOAA components of the National Weather Center; and (6) Updates from SAB Working Groups on Fire Weather Research, Social Science, and Partnerships.

The Assistant Administrator for Fisheries (AA), NOAA, announces the rescission of temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations applied to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 841 nm\2\ (2,885 km\2\), southeast of Machias, Maine, for 15 days. The purpose of this action is to provide notice that an October 17, 2007 survey indicated that North Atlantic right whales (right whales) are no longer present in the Dynamic Area Management (DAM) zone; therefore, NMFS has rescinded the temporary restrictions on lobster trap/pot and anchored gillnet fishing gear and reopened the DAM zone to normal fishing operations.

Since 1896, the National Fire Protection Association (NFPA) has accomplished its mission by advocating scientifically based consensus codes and standards, research, and education for safety related issues. NFPA's National Fire Codes[supreg], which holds over 270 documents, are administered by more than 225 Technical Committees comprised of approximately 7,000 volunteers and are adopted and used throughout the world. NFPA is a nonprofit membership organization with approximately 80,000 members from over 70 nations, all working together to fulfill the Association's mission. The NFPA process provides ample opportunity for public participation in the development of its codes and standards. All NFPA codes and standards are revised and updated every three to five years in Revision Cycles that begin twice each year and take approximately two years to complete. Each Revision Cycle proceeds according to a published schedule that includes final dates for all major events in the process. The process contains five basic steps that are followed both for developing new documents as well as revising existing documents. These steps are: Calling for Proposals; Publishing the Proposals in the Report on Proposals (ROP); Calling for Comments on the Committee's disposition of the Proposals and these Comments are published in the Report on Comments (ROC); having a Technical Report Session at the NFPA Annual Meeting; and finally, the Standards Council Consideration and Issuance of documents.

Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Judges Panel of the Malcolm Baldrige National Quality Award will meet Monday, November 12, 2007, 9 a.m. to 5:30 p.m.; Tuesday, November 13, 2007, 9 a.m. to 5:30 p.m.; Wednesday, November 14, 2007, 9 a.m. to 5:30 p.m.; Thursday, November 15, 2007, 9 a.m. to 5:30 p.m.; Friday, November 16, 2007, 9 a.m. to 5:30 p.m. The Judges Panel is composed of twelve members prominent in the fields of quality, innovation, and performance excellence and appointed by the Secretary of Commerce. The purpose of this meeting is to review the site visit process, review the final judging process and meeting procedures, and final judging of the 2007 applicants. The review process involves examination of records and discussions of applicant data, and will be closed to the public in accordance with Section 552b(c)(4) of Title 5, United States Code.

NMFS issues this proposed rule that would implement a joint Amendment 27 to the FMP for the Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and Amendment 14 to the Fishery Management Plan (FMP) for the Shrimp Fishery of the Gulf of Mexico (Shrimp FMP)(Amendment 27/14) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would reduce the commercial and recreational quotas for red snapper, reduce the commercial minimum size limit for red snapper, reduce the recreational bag limit for red snapper, prohibit the retention of red snapper under the bag limit for the captain and crew of a vessel operating as a charter vessel or headboat, require the use of non-stainless steel circle hooks when using natural baits to fish for Gulf reef fish, require the use of venting tools and dehooking devices when participating in the commercial or recreational reef fish fisheries, and provide for seasonal closures of the Gulf shrimp fishery to reduce red snapper bycatch consistent with the Amendment's framework procedure. In addition, the proposed rule would establish a target reduction of shrimp trawl bycatch mortality of red snapper, assume a 10-percent reduction in post-hurricane fishing effort and landings when evaluating alternative TACs and management measures or in the alternative, not assume the 10% effort reduction, and establish a framework procedure to adjust the target effort level and closed season for the Gulf shrimp fishery. The measures contained in this proposed rule are intended to satisfy a U.S. District Court Order to establish a revised red snapper rebuilding plan by December 12, 2007, and to end overfishing of the red snapper resource in the Gulf of Mexico.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2007 directed fishing allowance (DFA) of Pacific cod specified for catcher vessels using pot gear in the BSAI.

The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that Fischer S.A. Comecio, Industria, and Agricultura (Fischer Comercio) is the successor-in-interest to Fischer S/A Agroindustria (Fischer Agroindustria). Thus, we find that Fischer Comercio should receive the same antidumping duty cash deposit rate (i.e., 12.46 percent) with respect to the subject merchandise as Fischer Agroindustria, its predecessor company, as of the date of publication of this notice in the Federal Register.

5 CFR 430.310 requires agencies to publish notice of Performance Review Board appointees in the Federal Register before their service begins. This notice announces the names of new and existing members of the National Telecommunications and Information Administration's Performance Review Board.

The Gulf of Mexico Fishery Management Council will convene a public meeting of the Ad Hoc Recreational Red Snapper Advisory Panel (AP).

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to list names of end-users in the People's Republic of China (PRC) approved to receive exports, reexports and transfers of certain items under Authorization Validated End-User (VEU). In a final rule published in the Federal Register, BIS revised and clarified U.S. export control policy for the PRC, establishing Authorization VEU and identifying the PRC as the initial eligible destination. This rule identifies five specific validated end-users.

The Economic Development Administration (EDA) publishes this notice to solicit applications for funding under its National Technical Assistance, Training, Research and Evaluation Program (NTA Program). On June 21, 2007, EDA published in the Federal Register a notice regarding NTA Program funding, to solicit applications for funding that address one or both of the following two projects: (1) Information dissemination to practitioners serving economically distressed areas; and (2) a national symposium to bring together leaders to discuss current and future trends in economic development. On July 6, 2007, EDA published another notice in the Federal Register to solicit applications for funding that address one or more of four research projects, including one relating to business incubators. After completing its review of applications submitted in response to the June 21, 2007 and July 6, 2007 Federal Register notices, EDA decided not to make an award for either the information dissemination project or the business incubator research project. Through this notice, EDA solicits applications for funding that address only the information dissemination project or the business incubator research project. EDA encourages applicants to read the descriptions of both projects as EDA has provided additional information on important requirements that were not in the original Federal Funding Opportunity (FFO) announcements and Federal Register notices.

The South Atlantic Fishery Management Council (Council) will convene a series of public hearings regarding Amendments15A and 15B to the Snapper Grouper Fishery Management Plan. Amendment 15A will contain actions to establish management reference points, rebuilding schedules, and rebuilding strategies for snowy grouper, black sea bass, and red porgy. Amendment 15B will contain actions to prohibit the sale of recreationally-caught fish, reduce the effects on sea turtle and smalltooth sawfish if hooked, change the permit renewal period, change the permit transferability requirements, implement a plan to monitor and assess bycatch, establish allocations for snowy grouper and red porgy, and establish Maximum Sustainable Yield (MSY), Optimum Yield (OY) and Maximum Stock Size Threshold (MSST) for golden tilefish.

NMFS announces the availability of the Strategic Plan for Fisheries Research (2007). The Magnuson-Stevens Act requires the Secretary of Commerce to develop, triennially, a strategic plan for fisheries research for the subsequent years.