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

In February 2009, the Department of Commerce (the Department) received from several producers/exporters of frozen warmwater shrimp from Thailand a request to initiate a changed circumstances review to consider partially revoking the order with respect to two companies, pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b) and 351.222. In response to this request, the Department is initiating a changed circumstances review.

The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with February anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received requests to revoke one antidumping duty and one countervailing duty order in part.

This notice announces receipt of an exempted fishing permit (EFP) application from the Best Use Cooperative (BUC). If granted, this permit would allow three BUC vessels to remove halibut from a codend on the deck, and release those fish back to the water after determining the physical condition of the halibut with the International Pacific Halibut Commission method for predicting halibut mortality. The EFP would allow operators of BUC non-pelagic trawl vessels to study methods for reducing halibut mortality in trawl fisheries by evaluating various fishing and handling practices. This activity has the potential to promote the objectives of the Magnuson-Stevens Fishery Conservation and Management Act by assessing techniques for reducing halibut discard mortality in non-pelagic trawl fisheries. Comments will be accepted at the April 1 to April 7, 2009, North Pacific Fishery Management Council (Council) meeting in Anchorage, AK.

The National Technical Information Service (NTIS) is accepting orders for the 2009 edition of the Export Administration (EA) Regulations, which should be available on or about April 5, 2009. The EA Regulations are meant to protect the United States from foreign threats. Failure to comply with the EA Regulations can result in adverse publicity, loss of export privileges, fines, and imprisonment

NOAA published final revised management plans and revised regulations for the Gulf of the Farallones, Cordell Bank, and Monterey Bay national marine sanctuaries (GFNMS, CBNMS, and MBNMS respectively) on November 20, 2008 (73 FR 70488). Under the National Marine Sanctuaries Act, the final regulations would automatically take effect after 45 days of continuous session of Congress beginning from November 20, 2008. (Given the break in the 110th Congress, the period was reset and began again with the 111th Congress. For purposes of this action, the 45 days of continuous session of Congress ended on March 9, 2009.) The period allows a governor for a state affected by modified term(s) of designation to certify to the Secretary of Commerce (Secretary) whether any of the modified terms of designation are unacceptable, and if such a term is certified as unacceptable, it does not take effect in the area of the national marine sanctuary lying within the seaward boundary of the State. During the 45-day period, the Governor of California sent a letter to the Secretary conditionally objecting to certain provisions of the regulations within state waters of California. The Governor conditionally objected to the portions of the regulations that would have prohibited the introduction of introduced species in state waters of the GFNMS and MBNMS. Through this notice, NOAA is announcing the regulations for the CBNMS and GFNMS became effective on March 9, 2009 in their entirety; and the regulations for the MBNMS also became effective on March 9, 2009, except the one prohibiting the introduction of introduced species in the state waters of MBNMS; and it will initiate a process to consider making the Governor's requested changes to the introduced species regulation in GFNMS.

Pursuant to the Federal Advisory Committee Act (Pub. L. 92-463 as amended by Pub. L. 94-409, Pub. L. 96-523, Pub. L. 97-375 and Pub. L. 105-153), we are announcing a meeting of the Bureau of Economic

NMFS is opening directed fishing for sablefish with fixed gear managed under the Individual Fishing Quota (IFQ) Program. The season will open 1200 hrs, Alaska local time (A.l.t.), March 21, 2009, and will close 1200 hrs, A.l.t., November 15, 2009. This period is the same as the 2009 IFQ and Community Development Quota season for Pacific halibut adopted by the International Pacific Halibut Commission (IPHC). The IFQ halibut season is specified by a separate publication in the Federal Register of annual management measures.

A significant percentage of the export licenses issued by the Bureau of Industry and Security (BIS) appear to be unused or used for less than the quantity or value limits authorized by the license. BIS seeks public comment to help it ascertain the reasons for such lack of use or under use. BIS is particularly interested in whether characteristics of the export license application review process induce applicants to apply for greater authorizations than they need and, if such is the case, any costs associated with such applications.

On November 25, 2008, the Department of Commerce (``the Department'') published a notice of preliminary results of the full sunset review of the suspended antidumping duty investigation on certain cut-to-length carbon steel plate (``CTL plate'') from Ukraine pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See Certain Cut-to-Length Carbon Steel Plate from Ukraine; Preliminary Results of Full Sunset Review of the Suspension Agreement, 73 FR 71603 (November 25, 2008) (``Preliminary Results''). We provided interested parties an opportunity to comment on our Preliminary Results. The Department did not receive comments from either domestic or respondent interested parties. As a result of this review, the Department continues to find that termination of the suspended antidumping duty investigation on CTL plate from Ukraine would likely lead to a continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.

NMFS is correcting a final regulation that appeared in the Federal Register on March 10, 2009. The document contained the final regulations for a vessel license limitation program for the non-tribal sectors of the Pacific whiting fishery. The document was published with some errors, including errors in the final date of the application period, the final date of appeals period, and the effective date for the Pacific whiting vessel license requirement. This document corrects those errors.

In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) gives notice of a proposed new system of records entitled ``COMMERCE/ PAT-TM-23 User Access for Web Portals and Information Requests.'' We invite the public to comment on the system announced in this publication.

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 austenitic stainless pressure pipe (CWASPP) from the People's Republic of China (PRC). Effective Date: March 19, 2009. Contact Information: Robert Copyak, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-2209.

The Assistant Administrator for Fisheries, NOAA (AA), on behalf of the International Pacific Halibut Commission (IPHC), publishes annual management measures promulgated as regulations by the IPHC and approved by the Secretary of State governing the Pacific halibut fishery. The AA also announces modifications to the Catch Sharing Plan (CSP) for Area 2A (waters off the U.S. West Coast) and implementing regulations for 2009, and announces approval of the Area 2A CSP. These actions are intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPFMC) (Councils).

On February 3, 2009, 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 steel wire garment hangers from the People's Republic of China with respect to chrome-plated steel wire garment hangers with a diameter of 3.4 mm or greater. Petitioner submitted a letter to the Department expressing lack of interest in antidumping duty relief from imports of chrome- plated steel wire garment hangers with a diameter of 3.4 mm or greater. Therefore, we are notifying the public of our intent to revoke, in part, the antidumping duty order as it relates to imports of chrome- plated steel wire garment hangers with a diameter of 3.4 mm or greater as described below. The Department invites interested parties to comment on these preliminary results.

The Western Pacific Fishery Management Council (Council) will hold a meeting of its Marine Mammal Advisory Committee (MMAC).

On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ``Act''), Public Law 106-113, which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). Due to the expiration of current members' terms, the USPTO is requesting nominations for three (3) members to the Patent Public Advisory Committee (PPAC) and two (2) members to the Trademark Public Advisory Committee (TPAC) for terms of three years that begin from date of appointment.

NMFS announces that the Western Pacific Fishery Management Council (Council) proposes to amend the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region (FMP). If approved by the Secretary of Commerce (Secretary), Amendment 18 would remove the annual limit on the number of fishing gear deployments (sets) for the Hawaii-based pelagic longline fishery. The amendment would also revise the current maximum limit on the number of physical interactions that occur annually between loggerhead sea turtles and vessels registered for use under Hawaii longline limited access permits while shallow- setting. Other measures currently applicable to the fishery would remain unchanged. Amendment 18 is intended to increase opportunities for the shallow-set fishery to sustainably harvest swordfish and other fish species, without jeopardizing the continued existence of sea turtles and other protected resources.

NMFS announces that it is establishing a revised control date that may be used to control future access to the commercial sector of the reef fish fishery operating in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). If changes to the management regime are developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), a control date could be used to limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the Gulf of Mexico Fishery Management Council (Council) and NMFS consider whether and how access to the commercial sector of the reef fish fishery should be controlled.

On February 24, 2009, the National Telecommunications and Information Administration (NTIA) published a Notice in the Federal Register announcing its intention to begin holding meetings on March 2, 2009, in connection with the broadband grant programs described in the Broadband Data Services Improvement Act, Public Law No. 110-385, and the American Recovery and Reinvestment Act of 2009 (Recovery Act), Public Law No. 111-5 (collectively, ``Broadband Grant Programs''). This Notice provides clarification regarding those meetings.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 ft (< 18.3 m) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2009 Pacific cod total allowable catch (TAC) allocated to catcher vessels < 60 ft LOA using hook-and-line or pot gear in the BSAI.

NMFS announces the reduction of the scup coastwide commercial possession limit from Maine through North Carolina for the Winter I period. Regulations governing the scup fishery require publication of this notification to advise the coastal states from Maine through North Carolina that 80 percent of the commercial quota allocated to the Winter I period is projected to be harvested and to announce that the possession limit for a Federal vessel permit holder is reduced.

The Department of Commerce (``Department'') is conducting an administrative review and two new shipper reviews of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (``Vietnam''). See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003) (``Order''). The administrative review and new shipper reviews includes three companies, including QVD Food Company Ltd. (``QVD''), the mandatory respondent, and the two new shipper review companies are Binh An Seafood Joint Stock Co. (``Binh An'') and Southern Fishery Industries Company, Ltd. (``South Vina''). We preliminarily found that Binh An and QVD did not sell subject merchandise at less than normal value (``NV'') and thus received zero margins during the period of review (``POR''), August 1, 2006, through July 31, 2007. We also preliminarily rescinded South Vina. See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of Preliminary Results of the New Shipper Review and Fourth Antidumping Duty Administrative Review and Partial Rescission of the Fourth Administrative Review, 73 FR 52015 (September 8, 2008) (``Preliminary Results''). We conducted verifications of Binh An and South Vina and subsequently issued a post-preliminary calculation for South Vina. See New Shipper Review of Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Post-Preliminary Results Analysis for Southern Fishery Industries Co., Ltd. dated January 13, 2009. We gave interested parties an opportunity to comment on the Preliminary Results and the Post-preliminary results for South Vina. Based upon our analysis of the comments and information received, we made changes to the dumping margin calculations for the final results. See Memorandum to the File from Alan Ray, Case Analyst, through Alex Villanueva, Program Manager, Final Results Analysis for QVD and its Affiliates (March 9, 2009); Memorandum to the File from Matthew Renkey, Senior Case Analyst, through Alex Villanueva, Program Manager, Final Results Analysis for Binh An Seafood Joint Stock Company (``Binh An'') (March 9, 2009); and Memorandum to the File from Javier Barrientos, Senior Case Analyst, through Alex Villanueva, Program Manager, Final Results Analysis for Southern Fishery Industries Co., Ltd. (``South Vina'') (March 9, 2009). The final dumping margins are listed below in the section entitled ``Final Results of the Reviews.''