Department of Commerce January 2009 – Federal Register Recent Federal Regulation Documents

Fagatele Bay National Marine Sanctuary (FBNMS or Sanctuary) was designated in April of 1986 in response to a proposal from the American Samoa Government to the (then) National Marine Sanctuary Program. FBNMS protects 163 acres (0.25 square miles) of vibrant tropical coral reef ecosystem off the southwest coast of Tutuila Island, American Samoa. The present management plan was written as part of the sanctuary designation process and published in the Final Environmental Impact Statement in 1984. In accordance with Section 304(e) of the National Marine Sanctuaries Act, as amended, (NMSA) (16 U.S.C. 1431 et seq.), the Office of National Marine Sanctuaries (ONMS) of the National Oceanic and Atmospheric Administration (NOAA) is initiating a review of the FBNMS management plan, to evaluate substantive progress toward implementing the goals for the Sanctuary, to initiate discussions on possible site expansion, and to make revisions to the plan and regulations as necessary to fulfill the purposes and policies of the NMSA. NOAA will conduct public scoping meetings to gather information and other comments from individuals, organizations, and government agencies on the scope, types and significance of issues related to the Sanctuary's management plan and regulations, and possible site expansion (including expansion to include the Rose Atoll Marine National Monument designated on January 6, 2009). The scoping meetings are scheduled as detailed below.

The Department of Commerce (the ``Department'') has determined that a request for a new shipper review of the antidumping duty order on chlorinated isocyanurates from the People's Republic of China (``PRC''), received on December 22, 2008, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') of this new shipper review is June 1, 2008, through November 30, 2008.

NMFS is prohibiting directed fishing for Atka mackerel in the Eastern Aleutian District and the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI) for vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2009 A season total allowable catch (TAC) of Atka mackerel in these areas for vessels participating in the BSAI trawl limited access fishery. NMFS is also announcing the opening and closing dates of the first and second directed fisheries within the harvest limit area (HLA) in Statistical Areas 542 and 543. These actions are necessary to conduct directed fishing for Atka mackerel in the HLA in areas 542 and 543.

NMFS is closing directed fishing for Pacific cod by vessels participating in the Amendment 80 limited access fishery in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 halibut bycatch allowance specified for the trawl Pacific cod fishery category by vessels participating in the Amendment 80 limited access fishery in the BSAI.

The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen for 15 days in an area totaling approximately 1,725 nm\2\ (5,917 km\2\) east of Portsmouth, New Hampshire. The purpose of this action is to provide protection to an aggregation of North Atlantic right whales (right whales).

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that the subject exempted fishing permit (EFP) application submitted by the Gulf of Maine Research Institute (GMRI), which would exempt participating vessels from Scallop gear restrictions, possession restrictions, Great South Channel (GSC) Southern New England (SNE)/Georges Bank (GB) Yellowtail Flounder Peak Spawning Closure restrictions, and GSC Cape Cod (CC)/Gulf of Maine (GOM) Yellowtail Flounder Peak Spawning Closure restrictions, should be issued for public comment. The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Atlantic Sea Scallop Fishery Management Plan (FMP), the Northeast Multispecies FMP, and other Northeast Regional FMPs. However, further review and consultation may be necessary before a final determination is made.

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.

On November 20, 2008, NMFS proposed to designate critical habitat for the endangered U.S. distinct population segment (DPS) of smalltooth sawfish. As part of that proposal, NMFS provided a 60-day public comment period, ending on January 20, 2009. Additionally, NMFS held two public hearings in Cape Coral and Naples, FL in January 2009. NMFS has received requests for an extension of the public comment period. In response to these requests, NMFS is reopening the public comment period for the proposed action.

On December 22, 2008, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department) results of redetermination pursuant to the CIT's remand and entered final judgment in Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, Consol. Ct. No. 06-00075, Slip Op. 08-139 (CIT December 22, 2008) (Husteel v. United States II ). See Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, dated August 29, 2008, and Results of Redetermination on Remand Pursuant to Husteel Company, Ltd., and SeAH Corp., Ltd., v. United States, dated December 5, 2008 (available at https://ia.ita.doc.gov/remands). 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 oil country tubular goods, other than drill pipe, from Korea covering the period of review (POR) of August 1, 2003 through July 31, 2004. See Oil Country Tubular Goods, Other Than Drill Pipe, from Korea: Final Results of Antidumping Duty Administrative Review, 71 FR 13091 (March 14, 2006) (Final Results).

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.

On January 16, 2009, Ivaco Rolling Mills 2004 L.P. and Sivaco Ontario, a division of Sivaco Wire Group 2004 L.P. (collectively, ``Ivaco''), 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 Results of the 2006-2007 Antidumping Duty Administrative Review made by the International Trade Administration, respecting Carbon and Certain Alloy Steel Wire Rod from Canada. The determination was published in the Federal Register (73 FR 77005) on December 18, 2008. The NAFTA Secretariat has assigned Case Number USA-CDA-2009-1904-01 to this request.

The Department of Commerce (the Department) has determined that circular welded austenitic stainless pressure pipe from the People's Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733 of the Tariff Act of 1930, as amended (the Act). The final dumping margins for this investigation are listed in the ``Final Determination Margins'' section of this notice.

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 United States Patent and Trademark Office (USPTO) frequently receives suggestions that the USPTO adopt a deferral of examination procedure. The USPTO is conducting a roundtable to obtain public input from diverse sources to determine whether the support expressed for deferral of examination is isolated or whether there is general support in the patent community and/or the public sector generally for the adoption of some type of deferral of examination. The roundtable is open to the public. Members of the public who wish to participate in the roundtable must do so by request, as the number of participants in the roundtable is limited to ensure that all who are speaking will have a meaningful chance to do so. Members of the public who wish solely to observe need not submit a request. Any member of the public may submit written comments on issues raised at the roundtable or on any issue pertaining to deferral of examination.

Notice is hereby given that Niladri Basu, Ph.D., Department of Environmental Health Sciences, University of Michigan, 109 South Observatory Road, Ann Arbor, MI 48109-2029, has applied in due form for a permit to import marine mammal parts for scientific research.

NMFS is soliciting applications for American Samoa pelagic longline limited entry permits. At least 22 permits of various class sizes will be available for 2009. Longline fishermen with the earliest documented participation on a Class A vessel (less than or equal to 40 feet (12.2 m) in length) have the highest priority to qualify for a permit. Fishermen with the earliest documented participation in larger size class vessels (in order of size) receive the next priority to qualify for permits. This notice is intended to announce the availability of permits and to solicit applications for the permits.

The Department of Commerce (the ``Department'') preliminarily determines that certain tow behind lawn groomers and certain parts thereof (``lawn groomers'') from the People's Republic of China (``PRC'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733(b) of the Tariff Act of 1930, as amended (the ``Act''). The estimated dumping margins are shown in the ``Preliminary Determination Margins'' section of this notice.

In response to a request from Marsan Gida Sanayi ve Ticaret A.S. (``Marsan'') pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.216 and 351.221(c)(3), the Department of Commerce (``the Department'') is initiating a changed circumstances review of the countervailing duty (``CVD'') order on certain pasta (``Pasta'') from Turkey. Marsan, a producer of pasta, claims that Gidasa Sabanci Gida Sanayi ve Ticaret A.S. (``Gidasa'') changed its corporate name to Marsan and, therefore, Marsan should be entitled to the same cash deposit rate as its predecessor company, Gidasa.

This notice announces the voting age population estimates, as of July 1, 2008, for each state and the District of Columbia. We are providing this notice in accordance with the 1976 amendment to the Federal Election Campaign Act, Title 2, United States Code, Section 441a(e).

On December 15, 2008, the Department of Commerce (``Department'') received a request for a changed circumstances review and a request to revoke in part the antidumping duty order on certain activated carbon from the People's Republic of China with respect to certain parts of fish tank filters which contain no more than 500 grams of activated carbon, or a combination of activated carbon and zeolite, and are fitted to work with specific filters. Petitioners submitted a letter to the Department expressing lack of interest in antidumping duty relief from the imports of certain parts of fish tank filters as described below. Therefore, we are notifying the public of our intent to revoke, in part, the antidumping duty order as it relates to import of certain fish tank filters as described below. The Department invites interested parties to comment on these preliminary results.

The Pacific Fishery Management Council's (Council) coastal pelagic species (CPS) advisory bodies will hold meetings, which are open to the public, on February 10-12, 2009. The primary purpose of the meetings is to comment on the draft terms of reference for the CPS stock assessment review process, review 2009 survey plans, develop plans for a report to the Council on long-term sardine allocation, and discuss revisions to the CPS Fishery Management Plan (FMP) in accordance with the reauthorized Magnuson-Stevens Fishery Conservation and Management Act.

On October 7, 2008, the Minority Business Development Agency (MBDA) published an announcement (73 FR 58555) soliciting competitive applications from organizations to operate a Minority Business Enterprise Center (MBEC) in Houston, TX for a new three (3) year award period, in accordance with 15 U.S.C. Section 1512 and Executive Order 11625. However, the competition was deemed unsuccessful by MBDA due to a lack of responsive applications. This notice solicits competitive applications for a new operator of the Houston MBEC project and supersedes in its entirety the notice published on October 7, 2008. The Houston MBEC operates through the use of business consultants and provides a range of business consulting and technical assistance services directly to eligible minority-owned businesses in the Houston- Sugar Land-Baytown, Texas Metropolitan Statistical Area (MSA). Responsibility for ensuring that applications in response to this competitive solicitation are complete and received by MBDA on time is the sole responsibility of the applicant. Applications submitted must be to operate a MBEC and to provide business consultation services to eligible clients. Applications that do not meet these requirements will be rejected. This is not a grant program to help start or to further an individual business.