Department of Commerce February 2008 – Federal Register Recent Federal Regulation Documents

The Department of Commerce (the Department) is conducting an antidumping changed circumstances review with respect to Pasta Lensi S.r.l. (Lensi), a producer/exporter of pasta from Italy, and American Italian Pasta Company (AIPC), Lensi's corporate parent and importer of subject merchandise produced by Lensi. The Department preliminarily determines that Lensi made sales at less than normal value (NV) during the 2002-2003 period of review (POR), that, consequently, Lensi no longer qualifies for revocation based upon three consecutive reviews resulting in de minimis margins, and that the order should be reinstated on certain pasta from Italy related to subject merchandise produced and exported by Lensi. We will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise produced and exported by Lensi entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Interested parties are invited to comment on these preliminary results.

The National Marine Fisheries Service (NMFS) and Fish and Wildlife Service (FWS) (together the Services) intend to gather information necessary for the preparation of a joint Environmental Impact Statement (EIS). The EIS will consider applications from the Fruit Growers Supply Company (FGS) for Incidental Take Permits (ITPs) for take of endangered and threatened species in accordance with the Endangered Species Act of 1973, as amended (ESA). FGS's applications will include a multi-species Habitat Conservation Plan (HCP), as required under the ESA. The HCP will address forest management and timber operations on FGS lands in Siskiyou County, California. The proposed 50 year HCP will encompass approximately 154,000 acres of lands owned by FGS on and after the granting date of the ITPs. The HCP will outline conservation programs for various aquatic species under the jurisdiction of NMFS and terrestrial species under the jurisdiction of FWS. For purposes of the issuance of the ITPs, NMFS and FWS are co- lead agencies under National Environmental Policy Act. We provide this notice to describe the proposed action and possible alternatives; advise other Federal and State agencies, affected Tribes, and the public of our intent to prepare an EIS; announce the initiation of a public scoping period; and obtain suggestions and information on the scope of issues and possible alternatives to be included in the EIS.

Notice is hereby given that, pursuant to sections 1309 and 1317 of the Tariff Act of 1930, as amended (19 U.S.C. 1309 and 1317), and section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221), the Department of Commerce is undertaking to determine whether the governments of the countries listed herein allow or will allow substantially reciprocal customs duties and tax exemptions to aircraft of U.S. registry in connection with international commercial operations similar to those exemptions currently granted to or available to aircraft of those countries by the United States under the aforementioned statutes. The basis for this undertaking is the implementation of certain provisions of the Air Transport Agreement between the United States and the European Community and its Member States, signed in Washington, DC, on April 30, 2007. The Department of Commerce finding would be effective as of March 30, 2008. The above-cited statutes provide exemptions for aircraft of foreign registry from payment of certain customs duties and internal revenue taxes on supplies purchased, imported or stored in the United States for such aircraft in connection with their international commercial operations. These exemptions apply upon a finding by the Secretary of Commerce, or his designee, and communicated to the Department of the Treasury, that such country allows, or will allow, ``substantially reciprocal privileges'' to aircraft of U.S. registry with respect to purchases of such supplies in that country. The Department of Commerce proposes that aircraft registered in the following countries be provided exemptions as allowed by sections 1309 and 1317 of the Tariff Act of 1930, as amended (19 U.S.C. 1309 and 1317), and section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221). Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Federal Republic of Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom. Interested parties are invited to submit their views, comments and supporting documentation in writing, concerning this matter to Ms. Ana Guevara, Deputy Assistant Secretary for Services, Room 1128, U.S. Department of Commerce, Washington, DC 20230. Submissions should be sent electronically to OSImail@ita.doc.gov. All submissions should be received no later than thirty days from the date of publication of this notice. Comments received, with the exception of information marked ``business confidential,'' will be available for public inspection upon request. Information marked ``business confidential'' shall be protected from disclosure to the full extent permitted by law. It is suggested that those desiring additional information contact Mr. Eugene Alford, Office of Service Industries, Room 1104, U.S. Department of Commerce, Washington, DC 20230, or telephone 202-482-5071.

The Caribbean Fishery Management Council (CFMC) will hold a Navassa Island Workshop.

The Gulf of Mexico Fishery Management Council (Council) will convene public hearings on Reef Fish Amendment 30B.

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 Wednesday, March 12, 2008, from 8:30 a.m. to 5:15 p.m. and Thursday, March 13, 2008, from 8:30 a.m. to 5:30 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 at the Hilton Washington DC/Silver Spring, 8727 Colesville Road, Silver Spring, MD 20910. 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 March 12 (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 March 7, 2008 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after March 7, 2008, 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) Draft Report from the Working Group to Examine Advisory Options for Improving Communications among NOAA's Partners (Partnerships WG or PWG); (2) Final Report from the Extension, Outreach & Education Working Group (EOEWG); (3) Report on the Final Results from the Ocean Exploration Advisory Working Group workshops; (4) NOAA Response to the SAB High-Performance Computing Recommendations and the Way Forward; (5) Discussion of a proposed SAB standing working group on ecosystems; (6) NOAA Monitoring Research Committee process updates and SAB Benchmark Review Discussion; (7) Discussion of SAB Strategic Planning; (8) the Census of Marine Life (CoML) Program; (9) the NOAA Hydrographic Services Review Panel; (10) results of the Review of the NOAA Coral Reef Conservation Program; (11) Report on NOAA Activities in Support of the International Year of the Reef (IYR); (12) Report on NOAA Activities in Support of the International Polar Year (IPY); and (13) the National Academy of Sciences (NAS) Board on Atmospheric Sciences and Climate (BASC).

In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that Incidental Harassment Authorizations (IHAs) to take marine mammals, by Level-B harassment, incidental to conducting on-ice marine geophysical research and seismic surveys by CGGVeritas (Veritas) and Shell Offshore, Inc. (SOI) in the U.S. Beaufort Sea, have been issued for a period of one year from the IHAs effective date.

On February 15, 2008, the U.S. Department of Commerce issued an Export Trade Certificate of Review to XCC Exportz Inc. (``XCC''). This notice summarizes the conduct for which certification has been granted.

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.

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)).

NMFS has received applications for take authorizations from 13 power generating stations located on the coast of central and southern California to take small numbers of marine mammals by Level A harassment and mortalities incidental to routine power plant operations for the duration of five years from the date when the authorizations are issued. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of these requests for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on these applications.

NMFS requests scallop research proposals to utilize total allowable catch (TAC) and Days-at-Sea (DAS) that have been set aside by the New England Fishery Management Council (Council) to fund scallop research endeavors under the 2008 Atlantic Sea Scallop Research Set- Aside Program (Scallop RSA Program). No Federal funds are provided for research under this notification. Rather, the Scallop RSA Program funds scallop research and compensates participating vessels through the sale of scallops harvested under the research set-aside quota. Priority will be given to research proposals that address the following research priorities as identified by NMFS and the Council: Intensive industry- based access area surveys; Other surveys, including areas not surveyed by the annual NMFS survey; Scallop biology; Identification and evaluation of methods to reduce groundfish bycatch; Identification and evaluation of methods to reduce habitat impacts; Habitat characterization research; Sea turtle/scallop fishery interaction research; Scallop stock assessment and population dynamics research; Area management research; and Research that will facilitate the transition of the NFMS Northeast scallop dredge survey.

The Florida Keys National Marine Sanctuary (FKNMS) is seeking applications for the following vacant seats on its Sanctuary Advisory Council (council): Citizen at LargeUpper Keys (alternate), Conservation and Environment [2 of 2] (member), FishingCharter Sports Fishing (alternate), and South Florida Ecosystem Restoration (member). Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; residency in the Sanctuary area; and philosophy regarding the protection and management of marine resources. Applicants who are chosen for seats normally serve three- year terms, pursuant to the Council's charter.

Pursuant to the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3121, et seq.) (PWEDA), EDA announces general policies and application procedures for grant-based investments under the Public Works, Planning, Local Technical Assistance, and Economic Adjustment Assistance Programs to promote comprehensive, entrepreneurial and innovation-based economic development efforts to enhance the competitiveness of regions, resulting in increased private investment and higher-skill, higher-wage jobs in regions experiencing substantial and persistent economic distress.

On January 2, 2008, the Department of Commerce (``Department'') published in the Federal Register the final results of the first administrative review of the antidumping duty order on chlorinated isocyanurates from the People's Republic of China (``PRC''). See Chlorinated Isocyanurates from the People's Republic of China: Final Results of the Antidumping Duty Administrative Review, 73 FR 159 (January 2, 2008) (``Final Results''), and accompanying Issues and Decision Memorandum. The period of review covered December 16, 2004, through May 31, 2006. We are amending our Final Results to correct ministerial errors made in the calculation of the antidumping duty margin for Hebei Jiheng Chemical Company Ltd. (``Jiheng Chemical''), pursuant to section 751(h) of the Tariff Act of 1930, as amended (``Act'').

NMFS issues a final rule that implements Amendment 88 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. This amendment revises the Aleutian Islands Habitat Conservation Area (AIHCA) boundary to allow nonpelagic trawling in an area historically fished and to prohibit nonpelagic trawling in an area of known coral and sponge occurrence. This action is necessary to ensure the AIHCA protects areas of coral and sponge habitat from the potential effects of nonpelagic trawling and allows nonpelagic trawling in areas historically fished and with unknown occurrence of corals and sponges.

NMFS proposes regulations implementing Amendment 25 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP) and a provision of the Coast Guard and Maritime Transportation Act of 2006 (Coast Guard Act). These proposed regulations would amend the Crab Rationalization Program. Amendment 25 to the FMP satisfies the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 requirement for the Secretary of Commerce to amend the FMP to authorize conversion of catcher vessel owner quota shares and processor quota shares to newly created converted catcher processor owner quota shares. The Secretary approved Amendment 25 on April 12, 2007. The Coast Guard Act mandates the Secretary to issue processing quota share to Blue Dutch, LLC, under specific conditions. This proposed action is necessary to implement Amendment 25 and the Coast Guard Act. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Coast Guard Act, the FMP, and other applicable law.

The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel (LEAP).

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (< 18.3 meters (m)) length overall (LOA) using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the limit of Pacific cod for catcher vessels < 60 ft (18.3 m) LOA using jig or hook- and-line gear in the Bogoslof Pacific cod exemption area in the BSAI.

The Interagency Working Group on Ocean and Coastal Mapping (IWG-OCM), established under the governance of the Joint Subcommittee on Ocean Science and Technology (JSOST), will host a workshop from Tuesday, February 26, 2008, until Thursday, February 28, 2008, to support the development of a National Ocean and Coastal Mapping Strategic Action Plan. Participation is by invitation only; however, plenary sessions will be open to the public. Dates and Times: The public plenary sessions will be on Tuesday, February 26, 2008, from 9 a.m.-5 p.m. and on Thursday, February 28, 2008, from 9 a.m.-1 p.m. Location: Florida Atlantic University SeaTech Campus, Auditorium (Room 205), 101 North Beach Road, Dania Beach, Florida 33004.

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.