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

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration. The Assistant Regional Administrator has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Monkfish Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue an EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow 24 commercial fishing vessels to conduct research and compensation fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. This EFP, which would enable vessels to harvest monkfish granted through the Monkfish Research Set-Aside (RSA) Program, would grant exemptions from the monkfish days-at-sea (DAS) possession limits in the Southern (SFMA) and Northern (NFMA) Fishery Management Areas, as well as exempt vessels from monkfish minimum size limits for on-board tagging purposes only.

In response to a request from Jiangxi Ansun Chemical Technology Co., Ltd. (``Jiangxi Ansun'') on September 24, 2008, the Department of Commerce (``the Department'') published in the Federal Register a notice announcing the initiation of a new shipper review of the antidumping duty order on glycine from the People's Republic of China (``the PRC''), covering the period March 1, 2008, through August 31, 2008. On February 23, 2009, Jiangxi Ansun withdrew its request for a new shipper review and therefore, we are rescinding this new shipper review.

NMFS issues this final rule to implement Amendment 30B to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule establishes annual catch limits (ACLs) and accountability measures (AMs) for commercial and recreational gag, red grouper, and shallow-water grouper (SWG); establishes a commercial quota for gag; adjusts the commercial quotas for red grouper and SWG; removes the commercial closed season for SWG; establishes an incidental bycatch allowance trip limit for commercial gag and red grouper; reduces the commercial minimum size limit for red grouper; reduces the gag bag limit and the aggregate grouper bag limit; increases the red grouper bag limit; extends the closed season for recreational SWG; eliminates the end date for the Madison-Swanson and Steamboat Lumps marine reserves; and requires that federally permitted reef fish vessels comply with the more restrictive of Federal or state reef fish regulations when fishing in state waters. In addition, Amendment 30B establishes management targets and thresholds for gag consistent with the requirements of the Sustainable Fisheries Act (SFA); sets the gag and red grouper total allowable catch (TAC); and establishes interim allocations for the commercial and recreational gag and red grouper fisheries. This final rule is intended to end overfishing of gag and maintain catch levels of red grouper consistent with achieving optimum yield.

Notice is hereby given that Dr. Boyd Kynard, S.O. Conte Anadromous Fish Research Center (USGS-BRD), Box 796, One Migratory Way, Turners Falls, MA 01376, has been issued a modification to scientific research Permit No. 1549-01.

On January 14, 2009, NMFS published a proposed rule for

The Gray's Reef National Marine Sanctuary (GRNMS or sanctuary) is seeking applicants for the following vacant seats on its Sanctuary Advisory Council (council):

NMFS proposes regulations to increase the number of times per year that a stationary floating processor (SFP) that is qualified under the American Fisheries Act (AFA) may move within State of Alaska waters in the Bering Sea (BS) subarea to process pollock harvested in the BS subarea directed pollock fishery. This action also would require AFA SFPs to process all Gulf of Alaska (GOA) pollock and GOA Pacific cod where they processed these species in 2002. This action is necessary to increase operational flexibility for AFA SFPs that process pollock caught in the BS subarea directed fishery while continuing to limit the competitive advantage of AFA SFPs in the GOA pollock and GOA Pacific cod fisheries. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plans for Groundfish of the GOA and for Groundfish of the Bering Sea and Aleutian Islands Management Area, and other applicable laws.

This final rule implements the Georges Bank (GB) Cod Hook Sector (Hook Sector) Fishing Year (FY) 2009 Operations Plan and Agreement, approved by the Administrator, Northeast (NE) Region, NMFS (Regional Administrator), and allocates a hard total allowable catch (TAC) of GB cod to the Hook Sector. Amendment 13 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) implemented the Hook Sector and authorized annual allocation of up to 20 percent of the GB cod TAC to the Hook Sector. Pursuant to that authorization, the Hook Sector submitted an Operations Plan and Sector Contract entitled, ``Georges Bank Cod Hook Sector Fishing Year 2009-2010 Operations Plan and Agreement'' (together referred to as the Sector Agreement) and an Environmental Assessment (EA), and requested an allocation of GB cod, consistent with the FMP. This action results in authorization of the Sector Operations Plan for FY 2009 and allocation of 350.1 mt of GB cod to the Hook Sector.

NMFS is correcting the preamble to a final rule published in the Federal Register on January 21, 2009 (74 FR 3446). The final rule implemented 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 correction is necessary to summarize and respond to public comments received on the proposed rule. No changes to the requirements of the final rule result from this correction.

This notice is a call for nominees for the U.S. Delegation to the June 2009 International Whaling Commission (IWC) annual meeting. The non-federal representative(s) selected as a result of this nomination process is(are) responsible for providing input and recommendations to the U.S. IWC Commissioner representing the positions of non-governmental organizations. Generally, only one non-governmental position is selected for the U.S. Delegation.

NMFS is reopening directed fishing for pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to fully use the 2009 total allowable catch (TAC) of pollock specified for the West Yakutat District of the GOA.

This final rule implements the Georges Bank (GB) Cod Fixed Gear Sector (Fixed Gear Sector) Fishing Year (FY) 2009 Operations Plan and Agreement, approved by the Administrator, Northeast (NE) Region, NMFS (Regional Administrator), and allocates a hard total allowable catch (TAC) of GB cod to the Fixed Gear Sector. Framework Adjustment 42 (FW 42) to the NE Multispecies Fishery Management Plan (FMP) authorized allocation of up to 20 percent of the annual GB cod TAC to the Fixed Gear Sector. Pursuant to that authorization, the Fixed Gear Sector submitted an Operations Plan and Sector Contract, entitled ``Georges Bank Cod Fixed Gear Sector Fishing Year 2009-2010 Operations Plan and Agreement'' (together referred to as the Sector Agreement), and an Environmental Assessment (EA), and requested an allocation of GB cod, consistent with the FMP. This action results in authorization of the Sector Operations Plan for FY 2009 and allocation of 503.8 mt of GB cod to the Fixed Gear Sector.

On September 30, 2008, we published the notice of initiation of this antidumping duty administrative review with respect to Dongbu Steel Co., Ltd., Dongkuk Industries Co., Ltd. (Dongkuk), Haewon MSC Co., Ltd., Hyundai HYSCO, LG Chem, Ltd., Pohang Iron and Steel Co., Ltd/Pohang Coated Steel Co., Ltd., and Union Steel Manufacturing Co., Ltd, for the period August 1, 2007, through July 31, 2008. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 73 FR 56795 (September 30, 2008) (Notice of Initiation). Dongkuk submitted a letter to the Department that it had no shipments of subject merchandise to the U.S. during the period of review (POR). See Letter from Dongkuk to the Secretary of Commerce dated October 20, 2008. The Department corroborated the claim of no shipments by Dongkuk. See memo from Christopher Hargett, International Trade Compliance Analyst, Office 3, through James Terpstra, Program Manager, Office 3, to Melissa Skinner, Office Director, Office 3, Import Administration, dated March 27, 2009 (No Shipment Analysis). We have preliminarily determined that the review of Dongkuk should be rescinded. This review will remain in effect for all other companies initiated upon.

On October 7, 2008, the Department of Commerce (the Department) published the preliminary results of the antidumping duty administrative review for certain lined paper products (CLPP) from the India.\1\ This review covers two mandatory respondents, Kejriwal Exports and Kejriwal Paper Limited (Kejriwal), and Ria ImpEx Pvt. Ltd. (Ria), and 17 other manufacturers and exporters of the subject merchandise (collectively, respondents).\2\ The period of review (POR) is April 17, 2006, through August 31, 2007.

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)).

The Department of Commerce (``Department'') has received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'').

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. As a result, the Department rescinded the administrative review of wooden bedroom furniture with respect to the entities for whom all review requests have been withdrawn. See Wooden Bedroom Furniture from the People's Republic of China: Notice of Partial Rescission of Antidumping Duty Administrative Review, 73 FR 49990 (August 25, 2008) (``Rescission Notice''). However, in the Rescission Notice, the Department inadvertently failed to identify Nantong Dongfang Oriental Furniture Co., Ltd. (``Nantong Dongfang'') as a company for which the review was being rescinded, and instead listed it as a company receiving the PRC-wide rate, even though it has established a separate rate. See Rescission Notice, 73 FR at 49993; Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture from the People's Republic of China, 70 FR 329, 331 (January 4, 2005) (``WBF Order''). Therefore, we are correcting this error and rescinding the review with respect to Nantong Dongfang.