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

NMFS, upon application from the U.S. Navy (Navy), issues regulations to govern the unintentional taking of marine mammals incidental to conducting a Full Ship Shock Trial (FSST) of the USS MESA VERDE (LPD 19) in the waters of the Atlantic Ocean offshore of Mayport, FL. Authorization of incidental take is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the affected species or stocks of marine mammals and will not have an unmitigable adverse impact on their availability for taking for subsistence uses. These regulations 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.

Notice is hereby given that Zvi Livnat, P.O. Box 1209, Kealakekua, Hawaii 96750 has been issued a permit to conduct commercial/educational photography.

Applicants and registered patent practitioners are reminded that the export of subject matter abroad pursuant to a license from the United States Patent and Trademark Office (USPTO), such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances.

NMFS is prohibiting directed fishing for Pacific ocean perch by catcher processors participating in the limited access or opt-out fisheries that are subject to sideboard limits established under the Central Gulf of Alaska (GOA) Rockfish Program in the West Yakutat District of the GOA. This action is necessary to prevent exceeding the 2008 sideboard limit of Pacific ocean perch established for catcher processors participating in the limited access or opt-out fisheries in the West Yakutat District of the GOA.

Notice is hereby given that Thomas A. Jefferson, NMFS Southwest Fisheries Science Center, 8604 La Jolla Shores Drive, La Jolla, CA 92037 has been issued a permit to conduct research on bottlenose dolphins (Tursiops truncatus).

NOAA Fisheries announces two inseason actions in the ocean salmon fisheries. Inseason action 3 modified the commercial fishery from Cape Falcon, Oregon, to the Oregon/California Border. Inseason action 4 modified the recreational fishery from Cape Falcon, Oregon, to Humbug Mountain, Oregon.

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing a countervailing duty order on circular welded carbon quality steel pipe (CWP) from the People's Republic of China (PRC). On July 15, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Circular Welded Carbon-Quality Steel Pipe from China, USITC Pub. 4019, Investigation Nos. 701-TA-447 and 731-TA-1116 (Final) (July 2008).

On January 16, 2008, the Department published the preliminary results of the aligned fifth administrative review and tenth new shipper review of the antidumping duty order on honey from the People's Republic of China (``PRC''). See Honey from the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 73 FR 2890 (January 16, 2008) (``Preliminary Results''). These aligned reviews cover seven exporters or producer/ exporters: (1) Dongtai Peak Honey Industry Co, Ltd. (``Dongtai Peak'') (2) Zhejiang Native Produce & Animal By-Products I/E Group Corporation (``Zhejiang Native''); (3) Wuhu Qinshi Tangye Co., Ltd. (``Wuhu Qinshi''); (4) Jiangsu Light Industry Products Imp & Exp (Group) Corp. (``Jiangsu Light''); (5) Qinhuangdao Municipal Dafeng Industrial Co., Ltd. (``QMD''); (6) Inner Mongolia Altin Bee-Keeping (``IMA''), and (7) QHD Sanhai Honey Co., Ltd. (``QHD Sanhai''). For these final results, the Department finds that Wuhu Qinshi, Jiangsu Light, QMD, and IMA failed to cooperate by not acting to the best of their ability to comply with the Department's request for information and, as a result, have been assigned a rate based on adverse facts available (``AFA''). The Department has assigned Dongtai Peak and Zhejiang Native a separate rate for non-selected entities based on the calculation proposed by the Department.\1\ Finally, after reexamining the bona fides of QHD Sanhai's single sale, the Department finds that sale is not a bona fide transaction; therefore, for these final results, the Department has rescinded the review with respect to QHD Sanhai. The period of review (``POR'') is December 1, 2005, through November 30, 2006. See ``Final Results of Review'' section below.

On May 2, 2007, the Department of Commerce (``the Department'') initiated the sunset review of the antidumping duty order on lawn and garden steel fence posts (``fence posts'') from the People's Republic of China (``PRC''). Because the domestic interested parties did not participate in the sunset review, the Department is revoking the antidumping duty order.

NMFS announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements contained in regulations implementing Amendment 14 to the Fishery Management Plan for the Bottomfish and Seamount Groundfish Fisheries of the Western Pacific Region. The intent of this final rule is to inform the public that the associated permitting and reporting requirements have been approved by OMB.

The National Oceanic and Atmospheric Administration publishes this notice to announce a 28-day public comment period for the draft report titled, U.S. Climate Change Science Program Unified Synthesis Product (USP). This draft report is being released solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by NOAA. It does not represent and should not be construed to represent any Agency policy or determination. After consideration of comments received on the draft report, a revised version along with the comments received will be published on the CCSP web site.

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 U.S. Department of Commerce has issued an amended Export Trade Certificate of Review (``Certificate'') to the Wood Machinery Manufacturers of America (``WMMA'') on July 9, 2008. WMMA's application to amend its Certificate was announced in the Federal Register on April 21, 2008 (73 FR 21316). The original Certificate No. 88-00016 was issued to WMMA on February 3, 1989, and announced in the Federal Register on February 9, 1989 (54 FR 6312). The most recent amendment, No. 88-9A016, was issued to WMMA on August 8, 2005, and announced in the Federal Register on August 12, 2005 (70 FR 47178).

The Stellwagen Bank National Marine Sanctuary (SBNMS or sanctuary) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (council): Conservation (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; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve two-to-three-year terms, pursuant to the council's Charter.

NMFS announces that the directed fishery for Loligo squid in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, July 17, 2008. Vessels issued a Federal permit to harvest Loligo squid may not retain or land more than 2,500 lb (1,134 kg) of Loligo squid per trip for the remainder of the trimester (through August 31, 2008). This action is necessary to prevent the fishery from exceeding its Trimester II quota and to allow for effective management of this stock.

NMFS issues this proposed rule to implement the applicable provisions of Amendment 14 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). Amendment 14 proposes, and this rule would implement, establishment of eight marine protected areas (MPAs) in which fishing for or possession of South Atlantic snapper-grouper would be prohibited. The prohibition on possession would not apply to a person aboard a vessel that was in transit with fishing gear appropriately stowed. Amendment 14 also proposes to prohibit the use of shark bottom longlines within the MPAs, however, NMFS is proposing to implement the prohibition of shark bottom longlines through separate rulemaking. The intended effects of this proposed rule are to protect a portion of the population and habitat of long-lived, slow growing, deepwater snapper- grouper from fishing pressure to achieve a more natural sex ratio, age, and size structure within the proposed MPAs, while minimizing adverse social and economic effects.

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

NMFS is opening directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the 2008 total allowable catch (TAC) of Pacific ocean perch in the Western Regulatory Area of the GOA.