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

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on circular welded austenitic stainless pressure pipe from the People's Republic of China (``PRC'').

The Bureau of the Census (Census Bureau) is giving notice of a joint meeting of the Census Advisory Committees (CACs) on the African American Population, the American Indian and Alaska Native Populations, the Asian Population, the Hispanic Population, and the Native Hawaiian and Other Pacific Islander Populations. The Committees will address issues related to the 2010 Decennial Census, including the Integrated Communications Campaign, 2010 Partnerships, and other decennial activities. The five Census Advisory Committees on Race and Ethnicity will meet in plenary and concurrent sessions on April 22-24, 2009. Last minute changes to the schedule are possible, which could prevent advance notification.

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 National Oceanic and Atmospheric Administration (NOAA) and the International Trade Administration will host a seminar on April 1, 2009 at the U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, in Room 4830. The seminar will present climate data, services, and programs available from the U.S. Department of Commerce for U.S. companies coming to terms with climate variability. The agenda will feature strategies for sustainability, competitiveness, and networking for the business community.

On September 9, 2008, the Department of Commerce (the Department) published the preliminary results of the antidumping duty administrative review for certain corrosion-resistant carbon steel flat products (CORE) from the Republic of Korea (Korea). See Certain Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Notice of Preliminary Results of the Antidumping Duty Administrative Review, 73 FR 52267 (September 9, 2008) (Preliminary Results). This review covers seven manufacturers and exporters (collectively, the respondents) of the subject merchandise: LG Chem., Ltd. (LG), Haewon MSC Co. Ltd. (Haewon), Dongkuk Industries Co., Ltd. (Dongkuk), Dongbu Steel Co., Ltd., (Dongbu), Hyundai HYSCO (HYSCO), Pohang Iron & Steel Co., Ltd. (POSCO) and Pohang Coated Steel Co., Ltd. (POCOS) (collectively, the POSCO Group), and Union Steel Manufacturing Co., Ltd. (Union) (collectively, respondents).\1\ The period of review (POR) is August 1, 2006, through July 31, 2007.

In this final rule, NESDIS establishes a new schedule of fees for the sale of its data, information, and related products and services to users. NESDIS is revising the fee schedule to ensure that the fees accurately reflect the costs of providing access to the environmental data, information, and related products and services. NESDIS is authorized under 15 U.S.C. 1534 to assess fees, up to fair market value, for access to environmental data, information, and products derived from, collected, and/or archived by NOAA. Other than depreciation, costs to upgrade computer hardware and software systems will not be included in the fees charged to users.

NMFS published a document in the Federal Register of March 3, 2009, announcing five public hearings to discuss and collect comments on issues described in a proposed rule for developing identification and certification procedures to address illegal, unreported, or unregulated fishing activities and bycatch of protected living marine resources pursuant to the High Seas Driftnet Fishing Moratorium Protection Act. This document corrects a hotel name, address, and phone number of an April 6, 2009, meeting.

This announcement provides notice that the decision record has closed for an administrative appeal filed with the Department of Commerce by Broadwater Energy LLC and Broadwater Pipeline LLC (collectively, ``Broadwater'').

NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2009 total allowable catch (TAC) of pollock for Statistical Area 610 in the GOA.

The Department of Commerce (the ``Department'') has determined that frontseating service valves (``FSVs'') 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 735 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Final Determination Margins'' section of this notice.

As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty order on refined brown aluminum oxide (RBAO) from the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of dumping and of material injury to an industry in the United States within a reasonably foreseeable time, the Department is publishing notice of the continuation of this antidumping duty order.

NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by Amendment 80 vessels subject to sideboard limits in the Gulf of Alaska (GOA). This action is necessary because the first seasonal apportionment of the 2009 Pacific halibut prohibited species catch (PSC) limit specified for the shallow-water species fishery by Amendment 80 vessels subject to sideboard limits in the GOA has been reached.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee in April, 2009 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.

We, the NMFS, have completed a review of the status of the Pacific eulachon (Thaleichthys pacificus; hereafter ``eulachon'') under the Endangered Species Act (ESA) in response to a petition submitted by the Cowlitz Indian Tribe to list eulachon as a threatened or endangered species. After reviewing the best scientific and commercial information available, we have determined that the species is comprised of two or more distinct population segments (DPSs) that qualify as species under the ESA. Moreover, after evaluating threats facing the species, and considering efforts being made to protect eulachon, we have determined that the southern DPS is likely to become endangered within the foreseeable future throughout all of its range. We propose to list it as threatened under the ESA. The southern DPS of eulachon consists of populations spawning in rivers south of the Nass River in British Columbia, Canada, to, and including, the Mad River in California. Within the range of the southern DPS, major production areas or ``core populations'' for this species include the Columbia and Fraser rivers and may have historically included the Klamath River. We solicit information to inform the development of the final listing rule. Any protective regulations determined to be necessary and advisable for the conservation of the southern DPS of eulachon under ESA section 4(d) will be proposed in a subsequent Federal Register notice. We solicit information to inform the development of proposed protective regulations and designation of critical habitat in the event the DPS is listed. If the proposed listing is finalized, a recovery plan will also be prepared and implemented for the southern DPS.

The National Marine Fisheries Service (NMFS) announces its decision to expand the scope of the Mitchell Act Hatchery Environmental Impact Statement (EIS) to include analysis of the environmental effects of hatchery programs in a way that will inform future NMFS decisions about Endangered Species Act compliance for all Columbia River hatchery programs. Our previous notice of intent to prepare an EIS on the funding and operation of Columbia River hatcheries under the Mitchell Act was published on September 3, 2004. We are opening a 30-day comment period on our decision to expand the scope.

On February 11, 2009, President Obama signed into law the DTV Delay Act, which extended the deadline for the digital conversion and the coupon application period for the Digital-to-Analog Converter Box Program (Coupon Program) by four months.\1\ The DTV Delay Act also authorized the National Telecommunications and Information Administration (NTIA) to issue replacement coupons to households whose coupons have otherwise expired unredeemed. These changes to the Coupon Program were conditioned upon enactment of new budget authority for the Coupon Program, which was recently provided by the American Recovery and Reinvestment Act of 2009.\2\

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to military readiness training activities and research, development, testing and evaluation (RDT&E) to be conducted in the Northwest Training Range Complex (NWTRC) for the period beginning September 2009 and ending September 2014. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy's request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy's application and request.

The Department of Commerce (the ``Department'') has determined that 1-hydroxyethylidene-1, 1-diphosphonic acid (``HEDP'') 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.

In response to February 17, 2009, and February 23, 2009, Court Orders, issued by the U.S. District Court, District of Massachusetts, NMFS is temporarily suspending specific regulations implemented under Framework Adjustment (FW) 42 to the Northeast (NE) Multispecies Fishery Management Plan (FMP); namely differential days- at-sea (DAS) counting in the Gulf of Maine (GOM) and Southern New England (SNE). In addition, and also in response to the February 17, 2009, Court Order, NMFS is extending, by 30 days, the fishing year 2008 March 1 deadline for submission of DAS leasing applications.