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

On April 29, 2009, we, NMFS, announced the initiation of a status review under the Endangered Species Act (ESA) for the Oregon Coast coho salmon (Oncorhynchus kisutch) evolutionarily significant unit (ESU). As part of that proposal, we provided a 90- day comment period, ending on July 28, 2009. We have received requests for an extension of the public comment period. In response to these requests, we are reopening the comment period for the proposed action.

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that NMFS has a issued one-year Letter of Authorization (LOA) to take marine mammals incidental to the explosive removal of offshore oil and gas structures (EROS) in the Gulf of Mexico.

NOAA publishes this final rule for certain regulations for the Florida Keys National Marine Sanctuary. This final rule makes technical corrections and modifications to several areas in the regulations. As part of these modifications, NOAA: amends the definition of coral to specifically include the common sea fan, Gorgonia ventalina and Venus sea fan, Gorgonia flabellum, which are both important sanctuary resources and are currently managed under the category ``live rock''; specifies that ``touching'' coral is an injury and therefore, a prohibited activity in the FKNMS; amends the minimum distance between vessels and ``divers down'' flags to be 100 yards instead of 100 feet; clarifies that the prohibitions listed for Sanctuary Preservation Areas and Ecological Reserves also apply in Research-only Areas; and corrects several citations that were currently out of date.

This final rule allows an exemption from the minimum twine- top mesh size for vessels issued Federal scallop permits and fishing exclusively in State of Maine (ME) waters. In addition, the state waters exemption provides an exemption from scallop days-at-sea (DAS) for limited access DAS scallop vessels, provided the vessel fishes exclusively in ME state waters. The scallop fishery regulations specify that a state may be eligible for a state waters exemption if it has a scallop fishery and a scallop conservation program that does not jeopardize the biomass and fishing mortality/effort limit objectives of the Atlantic Sea Scallop Fishery Management Plan (FMP). The regulations further state that the Regional Administrator, Northeast Region, NMFS (RA), shall determine which states meet those criteria and shall authorize the exemption for such states by publishing a rule in the Federal Register.

The Mid-Atlantic Fishery Management Council (Council) announces its intention to prepare, in cooperation with NFS, and EIS in accordance with the national Environmental Policy Act to assess potential effects on the human environment of alternative measures to

The Caribbean Fishery Management Council will hold scoping meetings to obtain input from fishers, the general public, and the local agencies representatives on the Document for Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment X to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands (Including the Final Environmental Impact Statement, Regulatory Impact Review, and Initial Regulatory Flexibility Analysis).

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce is announcing a thirty day public comment period on the North Carolina National Estuarine Research Reserve Management Plan Revision.

We, NMFS, announce a 90 day finding on a petition to list largetooth sawfish (Pristis perotteti) as endangered or threatened under the Endangered Species Act (ESA). We find that the petition presents substantial scientific and commercial information indicating the petitioned action may be warranted. We will conduct a status review of largetooth sawfish to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial data regarding this species (see below).

We, the National Marine Fisheries Service (NMFS), propose regulations under the Endangered Species Act and Marine Mammal Protection Act to prohibit vessels from approaching killer whales within 200 yards and from parking in the path of whales for vessels in inland waters of Washington State. The proposed regulations would also prohibit vessels from entering a conservation area during a defined season. Certain vessels would be exempt from the prohibitions. The purpose of this action is to protect killer whales from interference and noise associated with vessels. In the final rule announcing the endangered listing of Southern Resident killer whales we identified disturbance and sound associated with vessels as a potential contributing factor in the recent decline of this population. The Recovery Plan for Southern Resident killer whales calls for evaluating current guidelines and assessing the need for regulations and/or protected areas. We developed this proposed rule after considering comments submitted in response to an Advance Notice of Proposed Rulemaking (ANPR) and preparing a draft environmental assessment (EA). We are requesting comments on the proposed regulations and the draft EA.

NMFS is prohibiting directed fishing for northern rockfish and pelagic shelf rockfish (PSR) for trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 allocation of northern rockfish and PSR allocated to trawl catcher vessels participating in the entry level rockfish fishery in the Central Regulatory Area of the GOA.

NMFS is prohibiting directed fishing for Pacific ocean perch by catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific ocean perch allocated to catcher processors participating in the rockfish limited access fishery in the Central Regulatory Area of the GOA.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Mr. M. Scott Baker, Jr., on behalf of North Carolina Sea Grant in Wilmington, North Carolina. If granted, the EFP would authorize Mr. Baker to collect, with certain conditions, seven species of reef fish in Federal waters, off the coast of North Carolina, South Carolina, Georgia, and Florida. The specimens will be used to evaluate electronic monitoring as a tool to characterize fishing activities of the commercial snapper-grouper vertical hook-and- line (bandit) fleet, and to help determine the age-size structure of discarded fish caught as bycatch in this fishery.

NMFS issues a final rule to initiate collection of a permit fee for vessel owners participating in commercial and charter recreational fishing for highly migratory species (HMS) in the Exclusive Economic Zone (EEZ) off the West Coast of California, Oregon, and Washington. The HMS permits are issued under implementing regulations for the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP).

The invention listed below is owned by the U.S. Government, as represented by the Department of Commerce. The invention is available for licensing in accordance with 35 U.S.C. 207 and 37 CFR Part 404 to achieve expeditious commercialization of results of federally funded research and development.

The South Atlantic Fishery Management Council (Council) will hold a meeting of a subgroup of its Golden Crab Advisory Panel (AP) in North Charleston, SC. See SUPPLEMENTARY INFORMATION.

On January 30, 2009, the Department of Commerce (``Department'') initiated a new shipper review (``NSR'') of the antidumping duty order on chlorinated isocyanurates (``chlorinated isos'') from the People's Republic of China (``PRC''). The period of review (``POR'') for this NSR is June 1, 2008, through November 30, 2008. This NSR covers one producer/exporter of the subject merchandise, Juancheng Kangtai Chemical Company, Ltd. (``Kangtai''). We preliminarily determine that Kangtai did not make sales in the United States at prices below normal value (``NV''). If these preliminary results are adopted in our final results of review, we will instruct U.S. Customs and Border Protection (``CBP'') to liquidate entries of merchandise exported by Kangtai, during the POR without regard to antidumping duties. We invite interested parties to comment on these preliminary results.

NMFS is prohibiting directed fishing for pelagic shelf rockfish (PSR) by Amendment 80 vessels subject to sideboard limits in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 PSR sideboard limit established for Amendment 80 vessels subject to sideboard limits in the Western Regulatory Area of the GOA.

We, the National Marine Fisheries Service (NMFS), announce a 90-day finding for a petition to revise elkhorn (Acropora palmata) and staghorn (A. cervicornis) corals' critical habitat under the Endangered Species Act (ESA) of 1973, as amended. Elkhorn and staghorn corals are listed as threatened throughout their ranges and have designated critical habitat consisting of substrate of suitable quality and availability to support larval settlement and recruitment and the reattachment and recruitment of asexual fragments in water depths shallower than 30 meters in four areas in Florida, Puerto Rico, and the U.S. Virgin Islands. The petition seeks to extend the northern boundary of designated critical habitat in the Florida area to the Lake Worth Inlet, approximately 15.5 miles (24.9 km) north of the current boundary at Boynton Beach Inlet. We find that the petition presents substantial scientific information that the revision may be warranted. We are soliciting information and comments pertaining to this request for revision of critical habitat.

The Economic Development Administration (EDA) is soliciting applications for FY 2009 National Technical Assistance, Training, Research and Evaluation (NTA) Program funding. Through this notice, EDA solicits applications to fund a research project to assess the effectiveness of EDA's Economic Development District (EDD) Partnership Planning Program and the quality of Comprehensive Economic Development Strategies (CEDS). EDA's mission is to lead the federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. Through its NTA Program, EDA works towards fulfilling its mission by funding research and technical assistance projects to promote competitiveness and innovation in rural and urban regions throughout the United States and its territories. By working in conjunction with its research partners, EDA will help States, local governments, and community-based organizations to achieve their highest economic potential.

Notice is hereby given that Center for Biodiversity and Conservation, American Museum of Natural History has been issued a modification to scientific research Permit No. 10027-01.

The National Institute of Standards and Technology announces that a free two-day public workshop on Smart Grid interoperability standards will be held on August 3-4, 2009, in the Washington, DC area. Space is limited to about 300 people. Registration will be on a first come, first served basis. Opening and closing plenary sessions will be Webcast, and the breakout sessions will be teleconferenced. Information on how to view the Webcasts and join the teleconferences will be posted in advance on the NIST smart grid Web site at: https://www.nist.gov/ smartgrid/.

The Department of Commerce (``the Department'') is conducting the second administrative review of the antidumping duty order on certain lined paper products (``CLPP'') from the People's Republic of China (``PRC'') with respect to two companies: the Watanabe Group, which consists of Watanabe Paper Products (``Shanghai'') Co., Ltd., Watanabe Paper Products (``Lingqing'') Co., Ltd., and Hotrock Stationery (``Shenzhen'') Co., Ltd. (collectively, ``the Watanabe Group'') and Shanghai Lian Li Paper Products Co., Ltd. (``Lian Li''). The period of review (``POR'') is September 1, 2007, through August 31, 2008. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Administrative Review, 73 FR 64305 (October 29, 2008) (``Notice of Initiation''). On June 4, 2009, the Department published its intent to rescind this administrative review in part with respect to Lian Li. See Certain Lined Paper Products From the People's Republic of China: Notice of Intent to Rescind, In Part, Antidumping Duty Administrative Review and Extension of Time Limits for Preliminary Results of Antidumping Duty Administrative Review, 74 FR 26840 (June 4, 2009) (``Notice of Intent to Rescind and Prelim Extension''). 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 all appropriate entries of subject merchandise during the POR.