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

Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: E8-20181
Type: Rule
Date: 2008-08-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that the Atlantic tunas General category daily Atlantic bluefin tuna (BFT) retention limit should be adjusted for the September, October-November, and December time periods of the 2008 fishing year, based on consideration of the determination criteria regarding inseason adjustments.
Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting
Document Number: E8-20180
Type: Notice
Date: 2008-08-29
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Glycine from the People's Republic of China: Partial Rescission of Antidumping Duty Administrative Review
Document Number: E8-20166
Type: Notice
Date: 2008-08-29
Agency: Department of Commerce, International Trade Administration
In response to a request from petitioner GEO Specialty Chemicals, Inc. (``GEO''), the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on glycine from the People's Republic of China (``PRC''). See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 73 FR 22337 (April 25, 2008). This administrative review covers the March 1, 2007, through February 29, 2008 period of review (``POR''). Due to the withdrawal of the request for the administrative review by GEO for 22 of the 24 companies for which it requested a review, we are now rescinding this review with respect to those 22 companies.
Certain Frozen Warmwater Shrimp From Thailand: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review
Document Number: E8-20165
Type: Notice
Date: 2008-08-29
Agency: Department of Commerce, International Trade Administration
On March 6, 2008, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from Thailand. This review covers 45 \1\ producers/exporters of the subject merchandise to the United States. The period of review (POR) is February 1, 2006, through January 31, 2007. We are rescinding the review with respect to three companies because these companies had no shipments of subject merchandise during the POR.
Endangered Species; File No. 10115
Document Number: E8-20163
Type: Notice
Date: 2008-08-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Dr. Douglas Peterson, Warnell School of Forest Resources (Fisheries Division), University of Georgia, Athens, Georgia 30602, has been issued a permit to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research.
Fisheries of the Exclusive Economic Zone Off Alaska; Improved Retention/Improved Utilization
Document Number: E8-20162
Type: Rule
Date: 2008-08-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the approval of Amendment 72 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. Amendment 72 amends the FMP to state that the Council will annually review information on the discard of shallow-water flatfish in Gulf of Alaska groundfish fisheries. After review of this annual information, the Council may recommend revisions to retention and utilization requirements if the discard rate for shallow-water flatfish falls above or below a specified threshold. This action is necessary to support the Council's initiatives to monitor and reduce bycatch in the Gulf of Alaska groundfish fisheries. The intended effect of this action is to conserve and manage the groundfish resource in the Gulf of Alaska in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in the Gulf of Alaska
Document Number: E8-20156
Type: Rule
Date: 2008-08-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2008 total allowable catch (TAC) of pollock for Statistical Area 630 in the GOA.
North Pacific Fishery Management Council; Public Meeting
Document Number: E8-20068
Type: Notice
Date: 2008-08-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's (Council) Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet in Seattle, WA.
Caribbean Fishery Management Council; Public Meetings
Document Number: E8-20067
Type: Notice
Date: 2008-08-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Caribbean Fishery Management Council will hold scoping meetings to obtain input from fishers, the general public, and the local agencies representatives on the Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the United States Virgin Islands Concerning Bajo de Sico Seasonal Closure including a Regulatory Impact Review and an Environmental Assessment.
New England Fishery Management Council; Public Meetings
Document Number: E8-20066
Type: Notice
Date: 2008-08-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council's (Council) Groundfish Advisory Panel and Recreational Advisory Panel will hold two meetings to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Incidental Takes of Marine Mammals During Specified Activities; Low-Energy Marine Seismic Surveys in the Santa Barbara Channel, November 2008
Document Number: E8-20014
Type: Notice
Date: 2008-08-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has received an application from the Scripps Institute of Oceanography (SIO) for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting a seismic survey within the Santa Barbara Channel, California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS requests comments on its proposal to authorize SIO to take, by Level B harassment only, small numbers of marine mammals incidental to conducting a marine seismic survey in November, 2008.
Marine Mammal Authorization Program Integration of Registration for Selected West Coast Fisheries
Document Number: E8-20006
Type: Notice
Date: 2008-08-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is providing notice that it is increasing the number of fisheries for which the Marine Mammal Authorization Program (MMAP) registration is integrated with existing state and Federal fishery licensing and permitting programs, beginning with the 2009 List of Fisheries (LOF). NMFS is integrating MMAP registration at this time only for specific Category I or II fisheries regulated under fishery management plans (FMPs) administered by the Southwest Regional Office, or fisheries under permits issued by the state of California. Fishermen who participate in a Category I or II fishery for which registration is not integrated with existing state or Federal permitting programs must continue to register directly with NMFS through the MMAP.
Fisheries in the Western Pacific; Pelagic Fisheries; Squid Jig Fisheries
Document Number: E8-20004
Type: Proposed Rule
Date: 2008-08-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would include three species of pelagic squid under Federal management, and establish permitting and reporting requirements for squid jig fishing vessels over 50 ft (15.4 m) in length. These vessels would also be required to carry Federal observers if requested by NMFS. This proposed rule is intended to improve monitoring and management of U.S. domestic pelagic squid fisheries in the western Pacific.
Low-Power Television and Translator Digital-to-Analog Conversion Program
Document Number: E8-19992
Type: Notice
Date: 2008-08-28
Agency: Department of Commerce, National Telecommunications and Information Administration
On October 29, 2007, the National Telecommunications and Information Administration (NTIA) published a notice in the Federal Register announcing the establishment of the Low-Power Television and Translator Digital-to-Analog Conversion Program (Conversion Program) and announcing $8 million in funds available for grants. Pursuant to the requirements of the DTV Transition Assistance Act, Public Law No. 110-295, NTIA has determined that the full funding amount is not necessary for the Conversion Program and herein announces the funds available for these grants to be $3.5 million. NTIA also announces certain changes in the application submission deadlines.
South Atlantic Fishery Management Council; Public Meetings
Document Number: E8-19972
Type: Notice
Date: 2008-08-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The South Atlantic Fishery Management Council (Council) will hold a joint meeting of its Executive and Finance Committees, a meeting of its Standard Operating, Policy and Procedure (SOPPs) Committee, Advisory Panel Selection Committee (Closed Session), Joint Ecosystem- based Management and Habitat Committees, Shrimp Committee, Spiny Lobster Committee, Snapper Grouper Committee, Southeast Data, Assessment, and Review (SEDAR) Committee, Allocation Committee, Limited Access Privilege (LAP) Program Committee, Dolphin Wahoo Committee, a joint meeting of its Golden Crab Advisory Panel and Deepwater Shrimp Advisory Panel, and a meeting of the full Council. The Council will also hold a public comment session regarding: Amendment 7 to the Shrimp Fishery Management Plan (FMP) addressing rock shrimp endorsements and economic reporting for the shrimp fishery; a Generic Import Amendment for the Spiny Lobster FMP addressing requirements for imported spiny lobster; Amendment 16 to the Snapper Grouper FMP addressing measures to end overfishing for gag grouper and vermilion snapper and interim allocations of these two species for commercial and recreational fisheries; and Interim Rule measures to address overfishing of red snapper and other snapper grouper complex species. See SUPPLEMENTARY INFORMATION for additional details.
North Pacific Fishery Management Council; Public Meetings
Document Number: E8-19954
Type: Notice
Date: 2008-08-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's (Council) Gulf of Alaska (GOA) and Bering Sea/Aleutian Islands (BS/AI) groundfish plan teams will meet in Seattle, WA.
North Pacific Fishery Management Council; Public Meeting
Document Number: E8-19953
Type: Notice
Date: 2008-08-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's Crab Plan Team (CPT) will meet in Seattle, WA.
Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance
Document Number: E8-19615
Type: Notice
Date: 2008-08-28
Agency: Department of Commerce, Economic Development Administration
Sodium Nitrite from the Federal Republic of Germany and the People's Republic of China: Antidumping Duty Orders
Document Number: E8-19895
Type: Notice
Date: 2008-08-27
Agency: Department of Commerce, International Trade Administration
Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the Commission), the Department is issuing antidumping duty orders on sodium nitrite from the Federal Republic of Germany (Germany) and the People's Republic of China (PRC). On August 20, 2008, the Commission notified the Department of its affirmative determination of material injury to a U.S. industry. See Sodium Nitrite from China and Germany (Investigation Nos. 701-TA-453 and 731-TA-1136-1137 (Final), USITC Publication 4029, August 2008).
Sodium Nitrite from the People's Republic of China: Countervailing Duty Order
Document Number: E8-19884
Type: Notice
Date: 2008-08-27
Agency: Department of Commerce, International Trade Administration
Based on an affirmative final determination by the U.S. International Trade Commission (ITC), the Department of Commerce (the Department) is issuing a countervailing duty order on sodium nitrite from the People's Republic of China (PRC). On August 20, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Sodium Nitrite from the People's Republic of China, USITC Pub. 4029, Inv. No. 701-TA-453 (Final) (August 2008).
Office of Oceanic and Atmospheric Research NOAA Science Advisory Board's Climate Working Group
Document Number: E8-19879
Type: Notice
Date: 2008-08-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Under Secretary of Commerce for Oceans and Atmosphere requested the NOAA Science Advisory Board (SAB) to establish a standing working group to provide scientific advice and broad direction NOAA's climate program in the context of both national and international activities. The Climate Working Group (CWG) focuses on the broad research and operational components of the climate program as well as on the underlying observations and data management issues. The CWG assists NOAA's climate programs in establishing plans, reviewing progress, and setting priorities on a continuing basis. As the terms of current members end, additional members are needed and the SAB is soliciting nominations for four vacancies.
Magnuson-Stevens Act Provisions; National Standard Guidelines
Document Number: E8-19874
Type: Proposed Rule
Date: 2008-08-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS withdraws a proposed rule for revisions to National Standard 1 (NS1) guidelines, which was published on June 22, 2005. Instead of going forward with a final rule directly resulting from the 2005 proposed rule, NMFS published a new proposed rule for the NS1 guidelines in the Federal Register on June 9, 2008, to address new provisions enacted in 2007 in the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act (MSRA). Because of new requirements for annual catch limits (ACLs) and accountability measures (AMs), among other things, NMFS decided that it was better to proceed with a new proposed rule rather than try to revise a 3-year old action that preceded the MSRA. The new proposed rule provides guidance on ACLs and AMs and other requirements related to overfishing and rebuilding overfished stocks in the National Standard 1 (NS1) guidelines.
Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Main Hawaiian Islands Bottomfish; Delay of Fishery Opening
Document Number: E8-19870
Type: Rule
Date: 2008-08-27
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is delaying until November 15, 2008, the opening of the commercial and non-commercial fisheries in the main Hawaiian Islands (MHI) for seven deepwater bottomfish species (``Deep 7'' bottomfish). This emergency rule to delay the fishery opening is necessary to prevent overfishing and ensure that regulations specifying the total allowable catch (TAC) are based on the best available scientific information. This emergency rule is also necessary to complement State of Hawaii regulations that will delay the opening of the fishery in State waters, thereby preventing confusion by the public caused by conflicting Federal and State regulations, and minimizing any resulting enforcement difficulties for the State.
Establishment of the Civil Nuclear Trade Advisory Committee and Solicitation of Nominations for Membership
Document Number: E8-19839
Type: Notice
Date: 2008-08-27
Agency: Department of Commerce, International Trade Administration
Pursuant to provisions under the Federal Advisory Committee Act, 5 U.S.C. Appendix 2, the Under Secretary of Commerce for International Trade announces the establishment of the Civil Nuclear Trade Advisory Committee (CINTAC) by the Secretary of Commerce. The CINTAC shall advise the Secretary regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable United States regulations, for use by the Department of Commerce in its role as member of the Civil Nuclear Trade Working Group (CINTWG) of the Trade Promotion Coordinating Committee (TPCC). This notice also requests nominations for membership on the CINTAC.
North Pacific Fishery Management Council; Public Meeting
Document Number: E8-19788
Type: Notice
Date: 2008-08-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council (Council) Joint Protocol Committee of the Alaska Board of Fisheries and Council will meet in Anchorage, AK.
North Pacific Fishery Management Council; Public Meetings
Document Number: E8-19787
Type: Notice
Date: 2008-08-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council's (Council) Aleutian Islands Ecosystem Team will meet in Seattle, WA.
Initiation of Antidumping and Countervailing Duty Administrative Reviews
Document Number: E8-19776
Type: Notice
Date: 2008-08-26
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with July anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.
Advisory Committee on Commercial Remote Sensing; Meeting
Document Number: E8-19738
Type: Notice
Date: 2008-08-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Advisory Committee on Commercial Remote Sensing (ACCRES) will meet October 7, 2008.
Conducting Consultations Pursuant to Section 304(d) of the National Marine Sanctuaries Act
Document Number: E8-19662
Type: Proposed Rule
Date: 2008-08-26
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA solicits public comment on whether development of regulations implementing certain aspects of the consultation provisions of section 304(d) of the National Marine Sanctuaries Act is appropriate and, if so, what such regulations should contain to ensure the efficient application and implementation of, and compliance with, this statutory requirement.
Federal Consistency Appeal by Foothill/Eastern Transportation Corridor Agency
Document Number: E8-19667
Type: Notice
Date: 2008-08-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This announcement provides notice that the Secretary of Commerce has stayed, for a period of 60 days, closure of the decision record in an administrative appeal filed by Foothill/Eastern Transportation Corridor Agency and its Board of Directors (TCA).
Fisheries of the Northeast Region; Fisheries of the Southeast Region; Highly Migratory Species
Document Number: E8-19666
Type: Notice
Date: 2008-08-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that northeast smooth skate, South Atlantic red snapper, and Gulf of Mexico gray triggerfish are overfished and that northeast thorny skate is subject to overfishing. NMFS notified the respective regional fishery management councils (Councils) responsible for these fisheries of its determination. The Councils are required to take action within 1 year following notification by NMFS that overfishing is occurring, a stock is approaching overfishing, a stock is overfished, a stock is approaching an overfished condition, or existing remedial action taken to end overfishing or rebuild an overfished stock has not resulted in adequate progress. In addition, the Secretary has determined that the highly migratory species blacknose shark is overfished and overfishing is occurring.
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Fisheries in the Gulf of Alaska
Document Number: E8-19665
Type: Rule
Date: 2008-08-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces the Commerce Secretary's approval of Amendment 79 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). Amendment 79 amends the FMP and requires the North Pacific Fishery Management Council (Council) to recommend an aggregate overfishing level and acceptable biological catch for the ``other species'' category in the Gulf of Alaska as part of the annual groundfish harvest specifications process. The ``other species'' category in the Gulf of Alaska consists of sharks, sculpins, squid, and octopus. Amendment 79 is necessary to allow the Council and NMFS to incorporate the best and most recent scientific and socioeconomic information for the specification of the ``other species'' total allowable catch, acceptable biological catch, and overfishing level. 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.
Wooden Bedroom Furniture from the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review
Document Number: E8-19664
Type: Notice
Date: 2008-08-25
Agency: Department of Commerce, International Trade Administration
On March 7, 2008, the Department of Commerce (``the Department'') initiated the third administrative review of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC'') covering the period January 1, 2007, through December 31, 2007. See Notice of Initiation of Administrative Review of the Antidumping Duty Order on Wooden Bedroom Furniture from the People's Republic of China, 73 FR 12387 (March 7, 2008) (``Initiation Notice''). Between March 7 and June 5, 2008, several parties withdrew their requests for review. Therefore, the Department is rescinding the administrative review of sales of wooden bedroom furniture with respect to the entities for whom all review requests have been withdrawn.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Document Number: E8-19578
Type: Rule
Date: 2008-08-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating the projected unused amount of Pacific cod from catcher vessels greater than or equal to 60 feet ([gteqt] 18.3 meters (m)) length overall (LOA) using hook-and-line gear to the B season allocation for vessels using jig gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2008 total allowable catch (TAC) of Pacific cod to be harvested.
Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Bering Sea and Aleutian Islands Management Area
Document Number: E8-19576
Type: Rule
Date: 2008-08-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting retention of Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2008 total allowable catch (TAC) of Greenland turbot in the Bering Sea subarea of the BSAI has been reached.
Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest Estimates
Document Number: E8-19584
Type: Rule
Date: 2008-08-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Pursuant to the regulations governing the subsistence taking of northern fur seals, NMFS is publishing the annual fur seal subsistence harvests on St. George and St. Paul Islands (the Pribilof Islands) for 2005 to 2007, and the annual estimates for the fur seal subsistence needs for 2008 through 2010. NMFS estimates the annual subsistence needs are 1,645-2,000 seals on St. Paul and 300-500 seals on St. George.
Incidental Takes of Marine Mammals Incidental to Specified Activities; Harbor Activities Related to the Delta IV/Evolved Expendable Launch Vehicle at Vandenberg Air Force Base, CA
Document Number: E8-19582
Type: Notice
Date: 2008-08-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
In accordance with the provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to United Launch Alliance (ULA) to take small numbers of marine mammals, by Level B harassment only, incidental to harbor activities related to the Delta IV/Evolved Expendable Launch Vehicle (EELV) at south Vandenberg Air Force Base, CA (VAFB).
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Bottlenose Dolphin Take Reduction Plan
Document Number: E8-19580
Type: Proposed Rule
Date: 2008-08-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) proposes to amend the Bottlenose Dolphin Take Reduction Plan's (BDTRP) implementing regulations by extending, for an additional three years, fishing restrictions expiring on May 26, 2009. This action will continue, without modification, current nighttime fishing restrictions of medium mesh gillnets operating in the North Carolina portion of the Winter- Mixed Management Unit during the winter. Members of the Bottlenose Dolphin Take Reduction Team (BDTRT) recommended these regulations be extended for an additional three years to ensure continued conservation of the Western North Atlantic coastal bottlenose dolphin stock, should a directed spiny dogfish fishery reemerge in North Carolina.
Fisheries in the Western Pacific; Crustacean Fisheries; Deepwater Shrimp
Document Number: E8-19579
Type: Proposed Rule
Date: 2008-08-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
This proposed rule would designate deepwater shrimp of the genus Heterocarpus as management unit species (MUS), and require Federal permits and data reporting for deepwater shrimp fishing in Federal waters of the western Pacific. The proposed rule is intended to improve information on deepwater shrimp fisheries and their ecosystem impacts, and to provide a basis for future management of the fisheries, if needed.
Marine Mammals; File No. 774-1847-03
Document Number: E8-19577
Type: Notice
Date: 2008-08-22
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS Southwest Fisheries Science Center, Antarctic Marine Living Resources Program (Rennie Holt, Ph.D., Principal Investigator), 8604 La Jolla Shores Drive, La Jolla, CA 92037 has been issued an amendment to Scientific Research Permit No. 774- 1847-02.