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

Results 251 - 288 of 288
Export Administration Regulations: Establishment of License Exception Intra-Company Transfer (ICT)
Document Number: E8-23506
Type: Proposed Rule
Date: 2008-10-03
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This proposed rule would amend the Export Administration Regulations (EAR) to establish a new license exception entitled ``Intra-Company Transfer (ICT).'' This license exception would allow an approved parent company and its approved wholly-owned or controlled in fact entities to export, reexport, or transfer (in-country) many items on the Commerce Control List (CCL) among themselves for internal company use. Prior authorization from the Bureau of Industry and Security (BIS) would be required to use this license exception. This rule describes the criteria pursuant to which entities would be eligible to use License Exception ICT and the procedure by which they must apply for such authorization. This proposed rule is one of the initiatives in the export control directive announced by the President on January 22, 2008.
Listing Endangered and Threatened Wildlife and Designating Critical Habitat; 90-day Finding for a Petition to Revise the Critical Habitat Designation for the Hawaiian Monk Seal
Document Number: E8-23467
Type: Proposed Rule
Date: 2008-10-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), announce a 90-day finding for a petition to revise Hawaiian monk seal (Monachus schauinslandi) critical habitat under the Endangered Species Act (ESA) of 1973, as amended. The Hawaiian monk seal is listed as endangered throughout its range, and currently designated critical habitat consists of all beach areas, sand spits, and islets, including all beach crest vegetation to its deepest extent inland, lagoon waters, inner reef waters, and ocean waters out to a depth of 20 fathoms (36.6m) around specific areas in the Northwestern Hawaiian Islands. The petition seeks to include key beach areas, sand spits, and islets, including all beach crest vegetation to its deepest extent inland, lagoon waters, inner reef waters, and ocean waters out to a depth of 200 meters around the main Hawaiian Islands, and to extend critical habitat designation in the Northwestern Hawaiian Islands to Sand Island and ocean waters out to a depth of 500 meters. We are initiating a review of currently designated critical habitat of the species to determine whether revision is warranted. To ensure a comprehensive review, we solicit information and comments pertaining to this species' essential habitat needs from any interested party.
Fisheries of the Exclusive Economic Zone Off Alaska, Groundfish of the Gulf of Alaska
Document Number: E8-23456
Type: Proposed Rule
Date: 2008-10-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes a regulatory amendment to exempt fishermen using dinglebar fishing gear in federal waters of the Gulf of Alaska from the requirement to carry a vessel monitoring system (VMS). This action is necessary because the risk of damage posed to protected corals in the Gulf of Alaska by the dinglebar gear fishery is minor and insufficient to justify the costs of VMS. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Groundfish of the Gulf of Alaska, and other applicable law.
Polyvinyl Alcohol From Japan, the Republic of Korea, and the People's Republic of China: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
Document Number: E8-23455
Type: Notice
Date: 2008-10-03
Agency: Department of Commerce, International Trade Administration
On June 5, 2008, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on polyvinyl alcohol (PVA) from Japan, the Republic of Korea (Korea), and the People's Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted expedited (120-day) sunset reviews for these orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping.
Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review
Document Number: E8-23396
Type: Notice
Date: 2008-10-03
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) is currently conducting a new shipper review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC) covering the period February 1, 2007, through February 29, 2008. We preliminarily determine that the sale made by Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. (Golden Banyan), was not made below normal value (NV). If these preliminary results are adopted in our final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of subject merchandise during the period of review (POR) for any importer-specific assessment rates that are above de minimis.
Dynamic Random Access Memory Semiconductors From the Republic of Korea: Final Results of Sunset Review and Revocation of Order
Document Number: E8-23394
Type: Notice
Date: 2008-10-03
Agency: Department of Commerce, International Trade Administration
On July 1, 2008, the Department of Commerce (``the Department'') published in the Federal Register the notice of initiation of the five-year sunset review of the countervailing duty order on dynamic random access memory semiconductors (``DRAMS'') from the Republic of Korea (``ROK''), pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). Because the domestic interested party did not file a substantive response by the applicable deadline and has withdrawn its notice of intent to participate in this sunset review, the Department is revoking this countervailing duty order.
Suspension of Antidumping Investigation: Certain Cut-to-Length Carbon Steel Plate From Ukraine
Document Number: E8-23393
Type: Notice
Date: 2008-10-03
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') has revised the agreement suspending the antidumping duty investigation involving certain cut-to-length carbon steel plate (``CTL plate'') from Ukraine. The basis for this action is an agreement between the Department and Ukrainian CTL plate producers accounting for substantially all imports of CTL plate from Ukraine, wherein each signatory producer/exporter individually agrees to make any necessary price revisions to eliminate completely any amount by which the normal value (NV) of this merchandise exceeds the U.S. price of its merchandise subject to the Agreement.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel by Vessels in the Amendment 80 Limited Access Fishery in the Western Aleutian District of the Bering Sea and Aleutian Islands Management Area
Document Number: E8-23380
Type: Rule
Date: 2008-10-03
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Atka mackerel by vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2008 Atka mackerel allowable catch (TAC) specified for vessels participating in the Amendment 80 limited access fishery in the Western Aleutian District of the BSAI.
Membership of the Office of the Secretary Performance Review Board
Document Number: E8-23281
Type: Notice
Date: 2008-10-03
Agency: Department of Commerce
In accordance with 5 U.S.C. 4314(c)(4), Department of Commerce (DOC) announces the appointment of persons to serve as members of the Office of the Secretary (OS) Performance Review Board (PRB). The OS PRB is responsible for reviewing performance Ratings, pay adjustments and bonuses of Senior Executive Service (SES) members. The term of the new members of the OS PRB will expire December 31, 2010.
E-911 Grant Program
Document Number: E8-23266
Type: Proposed Rule
Date: 2008-10-03
Agency: Department of Commerce, National Telecommunications and Information Administration, National Highway Traffic Safety Administration, Department of Transportation
This joint notice proposes implementing regulations for the E- 911 Grant Program authorized under the Ensuring Needed Help Arrives Near Callers Employing 911 (ENHANCE 911) Act of 2004 (Pub. L. 108-494, codified at 47 U.S.C. 942). The Act authorizes grants for the implementation and operation of Phase II enhanced 911 services and for migration to an IP-enabled emergency network. This NPRM proposes the application, award and administrative requirements for the E-911 grant program and seeks comments thereon.
Encryption Simplification
Document Number: E8-23201
Type: Rule
Date: 2008-10-03
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This interim final rule amends the Export Administration Regulations (EAR) to make the treatment of encryption items more consistent with the treatment of other items subject to the EAR, as well as to simplify and clarify regulations pertaining to encryption items. The restrictions pertaining to technical assistance by U.S. persons with respect to encryption items are removed, because the current export and reexport restrictions set forth in the EAR for technology already include technical assistance. This rule also removes License Exception KMI as it has become obsolete because of developments in uses of encryption. In addition, this rule removes notification requirements for items classified as 5A992, 5D992, and 5E992. This rule also increases certain parameters under License Exception ENC, which is intended to reflect advances in technology. This rule adds two new review and reporting requirement exclusion paragraphs under License Exception ENC for wireless ``personal area network'' items and for ``ancillary cryptography'' items. This rule also adds Bulgaria, Canada, Iceland, Romania, and Turkey to the list of countries that receive favorable treatment under License Exception ENC. Commodities and software pending mass market review may no longer be exported under ECCNs 5A992 and 5D992 using No License Required (NLR). However, once the mass market review has been received by BIS, then such commodities and software may be exported using License Exception ENC under ECCNs 5A002 and 5D002. This rule will reduce the paperwork burden on the public by 9% (annual dollar amount savings of approximately $14,000 to the public and $5,000 to the U.S. Government), because of the removal of certain notification requirements, addition of countries to the list of those receiving favorable treatment under License Exception ENC, and the increase of reporting and review requirement exclusions. The Departments of Commerce, State and Defense will continue to review export control, license review policies, and license exceptions for encryption items in the EAR.
Lightweight Thermal Paper From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
Document Number: E8-23284
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, International Trade Administration
On May 13, 2008, the Department of Commerce (the ``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping investigation of lightweight thermal paper (``LWTP'') from the People's Republic of China (``PRC''). The period of investigation (``POI'') is January 1, 2007, to June 30, 2007. We invited interested parties to comment on our preliminary determination of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our calculations for the mandatory respondents. The final dumping margins for this investigation are listed in the ``Final Determination Margins'' section below.
Availability of Grants Funds for Fiscal Year 2009
Document Number: E8-23279
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration, National Ocean Service, publishes this notice on the Modeling the Causes of Hypoxia component of the Northern Gulf of Mexico program to extend the original proposal due date.
Certain Color Television Receivers From the People's Republic of China: Rescission of Antidumping Duty Administrative Review
Document Number: E8-23272
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, International Trade Administration
In response to a request from petitioner Five Rivers Electronic Innovations, LLC, (``Five Rivers'' or ``petitioner''), the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on certain color television receivers (``CTVs'') 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 44220 (July 30, 2008). This administrative review covers the June 1, 2007, through May 31, 2008 period of review (``POR''). Due to the withdrawal of the request for the administrative review by Five Rivers for all companies for which it requested a review, we are now rescinding this review, pursuant to 19 CFR 351.213(d)(1).
Lightweight Thermal Paper From the People's Republic of China: Final Affirmative Countervailing Duty Determination
Document Number: E8-23271
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the ``Department'') has determined that countervailable subsidies are being provided to producers and exporters of lightweight thermal paper (``LWTP'') from the People's Republic of China (``PRC''). For information on the estimated countervailing duty rates, please see the ``Suspension of Liquidation'' section, below.
Lightweight Thermal Paper from Germany: Notice of Final Determination of Sales at Less Than Fair Value
Document Number: E8-23270
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) has determined that imports of lightweight thermal paper (LWTP) from Germany are being, or are likely to be, sold in the United States at less than fair value (LFTV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final estimated margins of sales at LTFV are listed below in the section entitled ``Final Determination Margins.''
Certain Preserved Mushrooms From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review
Document Number: E8-23269
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, International Trade Administration
On September 16, 2008, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) results of redetermination pursuant to the CIT's remand in Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. United States, Slip Op. 07-85 (May 24, 2007) (Gerber v. United States II). See Results of Redetermination Pursuant to Remand, dated September 18, 2007 (found at https://ia.ita.doc.gov/remands); and Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. United States, Slip Op. 08-97 (September 16, 2008) (Gerber v. United States III). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC) covering the period of review (POR) of February 1, 2001, through January 31, 2002. See Notice of Final Results and Partial Rescission of the New Shipper Review and Final Results and Partial Rescission of the Third Antidumping Duty Administrative Review of Certain Preserved Mushrooms From the People's Republic of China, 68 FR 41304 (July 11, 2003) (Final Results).
Certain Preserved Mushrooms From the People's Republic of China: Notice of Initiation of Antidumping Duty New Shipper Reviews
Document Number: E8-23267
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) has received two requests for new shipper reviews of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC). See Notice of Antidumping Duty order: Certain Preserved Mushrooms from the People's Republic of China, 64 FR 8310 (February 19, 1999). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Tariff Act), and 19 CFR 351.214(d) (2008), we are initiating antidumping duty new shipper reviews of Zhejiang Iceman Group Co., Ltd. (Zhejiang Iceman) and Zhangzhou Gangchang Foods Co., Ltd. (Zhangzhou Gangchang). The period of review (POR) of these new shipper reviews is February 1, 2008, through July 31, 2008.
New England Fishery Management Council; Public Meeting
Document Number: E8-23265
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee (Committee), in October, 2008, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
Proposed Information Collection; Comment Request; Comment Card for E-mail Taglines
Document Number: E8-23191
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, International Trade Administration
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.
Proposed Information Collection; Comment Request; National Immunization Survey Evaluation Study
Document Number: E8-23190
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, Census Bureau
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)).
National Medal of Technology and Innovation Nomination Application
Document Number: E8-23180
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), 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 this new information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Availability of Seats for the Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council
Document Number: E8-22888
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS or sanctuary) is seeking applicants for both primary and alternate members of the following seats on its Sanctuary Advisory Council (council): Business/Commerce, Citizen-At-Large, Commercial Shipping, Conservation, Ocean Recreation, Tourism, and Whale Watching. The HIHWNMS is also seeking applicants for alternate members of the Native Hawaiian seat and the Fishing seat. 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 2-year terms, pursuant to the Council's Charter with the exception of the Native Hawaiian and Fishing seat alternates who will serve 1-yr terms.
Submission for OMB Review; Comment Request
Document Number: E8-22781
Type: Notice
Date: 2008-10-02
Agency: Department of Commerce
Initiation of Five-Year (“Sunset”) Review
Document Number: E8-23161
Type: Notice
Date: 2008-10-01
Agency: Department of Commerce, International Trade Administration
In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year review (``Sunset Review'') of the antidumping duty order listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same order.
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of New Shipper Reviews
Document Number: E8-23150
Type: Notice
Date: 2008-10-01
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the ``Department'') has determined that two requests for new shipper reviews of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam, received on August 8, 2008, and August 26, 2008, meet the statutory and regulatory requirements for initiation. The period of review (``POR'') of these two new shipper reviews is August 1, 2007, through July 31, 2008.
De Minimis U.S. Content in Foreign Made Items
Document Number: E8-23142
Type: Rule
Date: 2008-10-01
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Department of Commerce is revising the provisions of the Export Administration Regulations (EAR) that pertain to foreign-made items that incorporate controlled U.S.-origin items, i.e., the EAR's ``de minimis'' rules. This rule amends the EAR to change the de minimis calculation for foreign produced hardware that is bundled with U.S.- origin software. This rule also clarifies the definition of `incorporate' as it is applied to the de minimis rules and to the medical statement of understanding. This rule also removes the requirement to submit a one-time report to the Bureau of Industry and Security for foreign-made software that incorporates U.S.-origin software. In addition, this rule revises the ``Steps for Using the EAR'' and General Prohibition Two with regard to the de minimis rules in order to reduce redundancies in the EAR and harmonize the provisions with other revisions made by this rule.
Sea Turtle Conservation; Shrimp Trawling Requirements
Document Number: E8-23117
Type: Rule
Date: 2008-10-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues this temporary rule for a period of 30 days, to allow shrimp fishermen to use limited tow times as an alternative to Turtle Excluder Devices (TEDs) in state and Federal waters offshore of Louisiana (from the Mississippi/Louisiana boundary to the Texas/ Louisiana boundary) extending offshore 20 nautical miles. This action is necessary because environmental conditions resulting from Hurricanes Gustav and Ike are preventing some fishermen from using TEDs effectively.
Introduction of New Application for Investment Assistance (Form ED-900)
Document Number: E8-23116
Type: Notice
Date: 2008-10-01
Agency: Department of Commerce, Economic Development Administration
The Economic Development Administration (EDA) publishes this notice to introduce its new Application for Investment Assistance (Form ED-900). Previously, applicants were required to complete and submit a Pre-Application for Investment Assistance (Form ED-900P), followed by an Application for Investment Assistance (Form ED-900A) if EDA deemed that the proposed project merited further consideration. In addition, applicants were required to submit additional application forms to address EDA's programmatic requirements, depending on the type of funding assistance sought. The new Form ED-900 consolidates all EDA- specific requirements into a single application form. EDA will continue to require additional government-wide federal grant assistance forms from the Standard Form 424 family as part of the application package. This change, which is effective November 1, 2008, is prospective and will not affect previously submitted applications or require the submission of new application packages.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area of the Gulf of Alaska
Document Number: E8-23113
Type: Rule
Date: 2008-10-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels that are subject to sideboard limits catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2008 Pacific cod sideboard limit established for non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Central Regulatory Area of the GOA.
Western Pacific Fishery Management Council; Public Meetings; Correction
Document Number: E8-22926
Type: Notice
Date: 2008-10-01
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Western Pacific Fishery Management Council (Council) will hold its 143rd meeting to consider and take actions on fishery management issues in the Western Pacific Region. The original notice published in the Federal Register on September 23, 2008 and this notice revises the agenda and is being republished in its entirety.
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