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

NMFS is soliciting nominations for two advisory groups called for in the Pacific Whiting Act of 2006 (Act). Nominations received pursuant to this notice will be used to appoint one U.S. offshore whiting commercial sector representative to the Joint Management Committee and two U.S. representatives to the Scientific Review Group.

NMFS has received a request from the U.S. Navy (Navy) for an authorization for the taking of marine mammals incidental to conducting a Full Ship Shock Trial (FSST) of the MESA VERDE (LPD 19) in the offshore waters of the Atlantic Ocean off Mayport, FL. By this document, NMFS is proposing regulations to govern that take. In order to issue final regulations governing the take and Letters of Authorization (LOAs) thereunder, NMFS must determine that the total taking will have a negligible impact on the affected species or stocks of marine mammals. NMFS regulations must set forth the permissible methods of take and other means of effecting the least practicable adverse impact on the affected species or stocks of marine mammals and their habitat, as well as monitoring and reporting requirements. NMFS invites comment on the proposed regulations and findings.

NMFS is prohibiting directed fishing for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish for catcher vessels subject to sideboard limits established under the Central GOA Rockfish Program in the Western Regulatory Area and West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the sideboard limits of northern rockfish, Pacific ocean perch, and pelagic shelf rockfish established for catcher vessels in the Western Regulatory Area and West Yakutat District of the GOA.

The Western Pacific Fishery Management Council (Council) will hold meetings of its Pelagics Plan Team (PPT), in Honolulu, HI, to discuss fishery issues and develop recommendations for future management.

CFMC will host a meeting of the Council Coordination Committee (CCC), consisting of the Regional Fishery Management Council chairs, vice chairs, and executive directors on May 6-9, 2008. The intent of this meeting is to discuss issues of relevance to the Councils, including FY 2008 budget allocations, implementation of provisions from the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA), and scientific fisheries research activities, among others.

On December 3, 2007, the Department of Commerce (``Department'') initiated sunset reviews of the antidumping duty orders on ferrovanadium from the People(s Republic of China (``PRC'') and the Republic of South Africa (``South Africa''), pursuant to section 751(c) of the Tariff Act of 1930, as amended (``Act''). See Initiation of Five-year (``Sunset'') Reviews, 72 FR 67890 (December 3, 2007) (``Sunset Initiations''); see also Notice of Amended Final Antidumping Duty Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Ferrovanadium From the People(s Republic of China, 68 FR 4168 (January 28, 2003) (``PRC Order''); Notice of Antidumping Duty Order: Ferrovanadium from the Republic of South Africa, 68 FR 4169 (January 28, 2003) (``South Africa Order''). Based on the notices of intent to participate and adequate responses filed by the domestic interested parties, and the lack of response from any respondent interested party, the Department conducted expedited sunset reviews of the PRC Order and South Africa Order pursuant to section 751(c)(3)(B) of the Act and 19 C.F.R. 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of either the PRC Order or the South Africa Order would likely lead to continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Reviews'' section of this notice, infra.

Notice is hereby given that NOAA is planning to update and revise its Guidelines for the Coastal and Estuarine Land Conservation Program (CELCP) after five years implementing the program under these guidelines. This notice invites interested parties to provide comments or suggestions to NOAA for consideration in updating the CELCP guidelines.

NMFS is prohibiting directed fishing for Pacific cod by trawl catcher vessels in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season allowance of the 2008 Pacific cod allowable catch (TAC) specified for trawl catcher vessels in the BSAI.

NMFS issues this proposed rule that would implement Amendment 30A to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would establish accountability measures for the commercial and recreational fisheries for greater amberjack and gray triggerfish, establish commercial quotas for greater amberjack and gray triggerfish, establish a recreational quota for greater amberjack and recreational catch limits for gray triggerfish, increase the commercial and recreational minimum size limit for gray triggerfish, increase the recreational minimum size limit for greater amberjack, and reduce the greater amberjack bag limit to zero for captain and crew of a vessel operating as a charter vessel or headboat. In addition, Amendment 30A would establish management targets and thresholds for gray triggerfish consistent with the requirements of the Sustainable Fisheries Act. This proposed rule is intended to end overfishing of greater amberjack and gray triggerfish and to rebuild these stocks to sustainable levels.

NMFS announces the receipt of two exempted fishing permit (EFP) applications, and the intent to issue EFPs for vessels participating in the EFP fisheries. The EFPs are necessary to allow activities that are otherwise prohibited by Federal regulations. The EFPs will be effective no earlier than May 1, 2008, and would expire no later than December 31, 2008, but could be terminated earlier under terms and conditions of the EFPs and other applicable laws.

We, NMFS, designate critical habitat for the North Pacific right whale in this rulemaking. The North Pacific right whale was recently listed as a separate, endangered species, and because this was a newly listed entity, we were required to designate critical habitat for it.

Due to unanticipated construction activity at the North Tampa Branch Library, NMFS is changing the location of its April 24, 2008, Atlantic Shark Identification Workshop that published in the Federal Register on March 4, 2008. The May and June workshop locations remain unchanged. Shark dealers are required to attend a workshop to meet new regulatory requirements and maintain valid permits. The Atlantic Shark Identification Workshops are mandatory for all federally permitted Atlantic shark dealers. Additional free workshops will be held in 2008 and announced in the Federal Register.

In response to a request by the petitioners and two producers/ exporters of the subject merchandise, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain orange juice (OJ) from Brazil with respect to two producers/exporters of the subject merchandise to the United States. This is the first period of review (POR), covering August 24, 2005, through February 28, 2007. We have preliminarily determined that sales to the United States have been made below normal value (NV). If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. In addition, we have preliminarily determined to rescind the review with respect to one company because it had no shipments of subject merchandise during the POR. Interested parties are invited to comment on the preliminary results.

The South Atlantic Fishery Management Council (Council) intends to prepare a DEIS to assess the impacts on the natural and human environment of the management measures proposed in its revised draft Amendment 18 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP).

The Department of Commerce (the ``Department'') has received a request from Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. (``Golden Banyan''),\1\ a producer and exporter of preserved mushrooms, to conduct a new shipper review (``NSR'') of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (``PRC''). Since this request meets the statutory and regulatory requirements for initiation, the Department is initiating a NSR of Golden Banyan, in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.214(d).

In accordance with section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b), United States Steel Corporation (petitioner) filed a request for the Department of Commerce (the Department) to initiate a changed circumstances review of the antidumping duty order on certain hot-rolled carbon steel flat products (hot-rolled steel) from Thailand. Petitioner alleges that Sahaviriya Steel Industries Public Company Limited (SSI), a Thai hot-rolled steel producer previously revoked from the antidumping duty order, has resumed sales at prices below normal value (NV). Petitioner notes that SSI agreed in writing to reinstatement in the antidumping duty order if it was found to have resumed dumping, and contends that SSI violated this agreement by selling hot-rolled steel at less than NV in the United States subsequent to its revocation from the order. Therefore, petitioner requests that the Department reinstate the antidumping duty order with respect to SSI. The Department finds the information submitted by petitioner sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on hot-rolled steel from Thailand with respect to SSI. In this changed circumstances review, we will determine whether SSI sold hot-rolled steel at less than NV subsequent to its revocation from the order. If we determine in this changed circumstances review that SSI sold hot-rolled steel at less than NV and resumed dumping, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of hot-rolled steel manufactured and exported by SSI.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand, in response to a request from Allied Tube and Conduit Corporation and Wheatland Tube Company (collectively, petitioners). This review covers the period March 1, 2006 through February 28, 2007. We preliminarily determine that U.S. sales of subject merchandise have been made by Saha Thai Steel Pipe (Public) Company, Ltd. below normal value (NV). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties based on the difference between the export price (EP) and the NV. Interested parties are invited to comment on these preliminary results. See the ``Preliminary Results of Review'' section of this notice.

The Department of Commerce, as part of its continuing effort to reduce paperwork and the 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.

NMFS withdraws the reduction of the commercial trip limit for golden tilefish in the South Atlantic to 300 lb (136 kg) per trip in or from the exclusive economic zone (EEZ) that was published in the Federal Register on March 28, 2008. Based on updated information, NMFS has determined that the threshold level for implementation of the trip limit will not have been reached by April 6 as originally projected.