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

Notice is hereby given that NMFS has received an application from the Washington Department of Fish and Wildlife (WDFW), for a direct take permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The duration of the proposed Permit is ten years. This document serves to notify the public of the availability for comment of the permit application. All comments received will become part of the public record and will be available for review pursuant to the ESA.

On July 23, 2008, Productos Laminados de Monterrey S.A. de C.V. and Prolamsa, Inc. (collectively, ``Prolamsa'') filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel review was requested of the Final Determination of Sales at Less Than Fair Value made by the International Trade Administration respecting Light-Walled Rectangular Pipe and Tube From Mexico. The determination was published in the Federal Register (73 FR 35649) on June 24, 2008. The NAFTA Secretariat has assigned Case Number USA-MEX-2008-1904-03 to this request.

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 has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with June anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part and to defer the initiation of an administrative review for another antidumping duty order.

On September 4, 2007, the Department of Commerce (``the Department'') initiated the sunset review of the antidumping duty (``AD'') order on carbon and certain alloy steel wire rod (``wire rod'') from Canada. See Initiation of Five-year (``Sunset'') Reviews, 72 FR 50659 (September 4, 2007). Pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the U.S. International Trade Commission (``ITC'') determined that revocation of the existing AD order on wire rod from Canada would not be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See ITC Final Determination: Carbon and Certain Alloy Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 73 FR 41116 (July 17, 2008) (``ITC Wire Rod Final Determination''). Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the Department is revoking the AD order on wire rod from Canada.

On July 1, 2008, a final rule to implement Amendment 9 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP) was published in the Federal Register. The final rule was published with one error. Instead of revising the introductory text for the regulations describing squid and butterfish moratorium permits, the amendatory instructions of the final rule inadvertently revised the entire section. This document corrects that error.

Notice is hereby given that the Center for Biodiversity and Conservation, American Museum of Natural History (AMNH), Central Park West at 79th Street, New York, New York 10024, has been issued a permit to take green (Chelonia mydas) and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

NMFS is prohibiting directed fishing for northern rockfish by catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2008 total allowable catch (TAC) of northern rockfish allocated to catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the GOA.

The Flower Garden Banks National Marine Sanctuary (FGBNMS or Sanctuary) is seeking applicants for the Diving Operations, Recreational Fishing, Research and Conservation seats on its Sanctuary Advisory Council (Council). 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. The Applicant chosen as a member should expect to serve a 3-year term, pursuant to the Council's Charter.

The Department of Commerce (``the Department'') published its preliminary results of administrative review of the antidumping duty order on hand trucks and certain parts thereof (``hand trucks'') from the People's Republic of China (``PRC'') on January 14, 2008. The period of review (``POR'') is December 1, 2005, through November 30, 2006. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to our preliminary results. Therefore, the final results differ from the preliminary results. The final dumping margin for this review is listed in the ``Final Results of Review'' section below.

The Caribbean Fishery Management Council (Council) and its Administrative Committee will hold meetings.

NMFS issues a final rule that implements Amendment 89 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to establish Bering Sea habitat conservation measures. Amendment 89 prohibits nonpelagic trawling in certain waters of the Bering Sea subarea to protect bottom habitat from the potential adverse effects of nonpelagic trawling. Amendment 89 also establishes the Northern Bering Sea Research Area for studying the impacts of nonpelagic trawling on bottom habitat. This rule is necessary to protect portions of the Bering Sea subarea bottom habitat from the potential effects of nonpelagic trawling and to provide the opportunity to further study the effects of nonpelagic trawling on bottom habitat. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

The U.S. Department of Commerce (the Department) is rescinding the new shipper review of the antidumping duty order on brake rotors from the People's Republic of China (PRC) with respect to Longkou Zhongkai Automobile Parts Co., Ltd. (Longkou Zhongkai), an exporter of the subject merchandise from the PRC. The period of review (POR) covers April 1, 2007, through March 31, 2008. This order was revoked as a result of a sunset proceeding and the effective date of revocation is prior to the date of the U.S. entry made by Longkou Zhongkai, the subject of this new shipper review.

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.

This proposed rule would implement the provisions of the Protocol Additional to the Agreement Between the United States of America and the International Atomic Energy Agency (IAEA) for the Application of Safeguards in the United States of America (the ``Additional Protocol''). The Additional Protocol is an agreement between the United States and the IAEA to allow monitoring and reporting of certain civil nuclear fuel cycle-related activities. The Department of Commerce's Bureau of Industry and Security (BIS) is proposing these Additional Protocol Regulations (APR) to implement the provisions of the Additional Protocol affecting U.S. industry and other U.S. persons engaged in certain civil nuclear fuel cycle-related activities, which are not regulated by the U.S. Nuclear Regulatory Commission (NRC) or its domestic Agreement States and are not located on certain U.S. government locations. The proposed APR describe the requirement to report such activities to BIS, the scope and conduct of IAEA complementary access to locations at which such civil nuclear fuel cycle-related activities take place, and the role of BIS in implementing the Additional Protocol in the United States. The impact of the APR on U.S. industry and other U.S. persons will involve the submission of initial reports, annual update reports, and other reporting requirements, as well as on-site activities in conjunction with complementary access. Other U.S. government agencies issuing regulations implementing other provisions of the Additional Protocol include the Nuclear Regulatory Commission, the Department of Energy, and the Department of Defense.

NOAA Fisheries announces two inseason actions in the ocean salmon fisheries. Inseason action 1 modified the commercial fishery from Cape Falcon, Oregon, to the Oregon/California Border, and from Horse Mountain, California, to Point Arena, California. Inseason action 2 modified the recreational fishery from Cape Falcon, Oregon, to Humbug Mountain, Oregon and from Horse Mountain, Oregon, to the U..S./Mexico Border.

Notice is hereby given that the Point Reyes Bird Observatory, 3820 Cypress Drive 11, Petaluma, California 94954, has withdrawn an application for an amendment to Permit No. 373-1868 for takes of Steller sea lions (Eumetopias jubatus) incidental to research.

Six Technical Advisory Committees (TACs) advise the Department of Commerce on the technical parameters for export controls applicable to dual-use commodities and technology and on the administration of those controls. The TACs are composed of representatives from industry and Government representing diverse points of view on the concerns of the exporting community. Industry representatives are selected from firms producing a broad range of goods, technologies, and software presently controlled for national security, non-proliferation, foreign policy, and short supply reasons or that are proposed for such controls, balanced to the extent possible among large and small firms. TAC members are appointed by the Secretary of Commerce and serve terms of not more than four consecutive years. The membership reflects the Department's commitment to attaining balance and diversity. TAC members must obtain secret-level clearances prior to appointment. These clearances are necessary so that members may be permitted access to the classified information needed to formulate recommendations to the Department of Commerce. Each TAC meets approximately four times per year. Members of the Committees will not be compensated for their services. The six TACs are responsible for advising the Department of Commerce on the technical parameters for export controls and the administration of those controls within the following areas: Information Systems TAC: Control List Categories 3 (electronics), 4 (computers), and 5 (telecommunications and information security); Materials TAC: Control List Category 1 (materials, chemicals, microorganisms, and toxins); Materials Processing Equipment TAC: Control List Category 2 (materials processing); Regulations and Procedures TAC: The Export Administration Regulations (EAR) and Procedures for implementing the EAR; Sensors and Instrumentation TAC: Control List Category 6 (sensors and lasers); and Transportation and Related Equipment TAC: Control List Categories 7 (navigation and avionics), 8 (marine), and 9 (propulsion systems, space vehicles, and related equipment). To respond to this recruitment notice, please send a copy of your resume to Ms. Yvette Springer at Yspringer@bis.doc.gov. Deadline: This Notice of Recruitment will be open for one year from its date of publication in the Federal Register. For Further Information Contact: Ms. Yvette Springer on (202) 482- 2813.

This notice announces that manufacturers that intend to submit, for the first time, digital-to-analog converter boxes to the National Telecommunications and Information Administration (NTIA) for certification as part of the TV Converter Box Coupon Program (Coupon Program) must submit their Notice of Intent (NOI) before September 1, 2008. Manufacturers who have to date received a certification notice for one or more converters (repeat manufacturers) have until September 30, 2008 to submit their NOI for any additional digital-to-analog converter boxes for certification under the Coupon Program. The intent of this notice is to allow NTIA to better plan and anticipate resource needs to process a finite group of converters.