Department of Commerce August 2009 – Federal Register Recent Federal Regulation Documents
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Final Management Plan and Environmental Assessment for Thunder Bay National Marine Sanctuary: Notice of Public Availability
In accordance with section 304(e) of the National Marine Sanctuaries Act (NMSA), as amended, NOAA is releasing the Final Management Plan and Environmental Assessment for Thunder Bay National Marine Sanctuary.
Fisheries in the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; 2009-10 Main Hawaiian Islands Bottomfish Total Allowable Catch
NMFS proposes to specify establish a total allowable catch (TAC) for the 2009-10 fishing year of 254,050 lb (115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI). The TAC would be set in accordance with regulations established to support long-term sustainability of Hawaii bottomfish in the Hawaiian Archipelago.
Federal Consistency Appeal by Villa Marina Yacht Harbour, Inc.
This announcement provides notice that Villa Marina Yacht Harbour, Inc. (Villa Marina) has filed an administrative appeal with the Department of Commerce requesting that the Secretary override the Puerto Rico Planning Board's (PRPB) objection to the proposed expansion of an existing marina in Fajardo, Puerto Rico.
Listing Endangered and Threatened Species: Change in Status for the Upper Columbia River Steelhead Distinct Population Segment
We, NMFS, announce that the Upper Columbia River steelhead is reclassified as a threatened species consistent with a recent court ruling. We also correct the table of threatened fishes to indicate that the same species is listed as threatened under the Endangered Species Act of 1973 (ESA). This species was inadvertently dropped from the table during an unrelated rulemaking.
Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; Emergency Rule; Extension
NMFS is continuing emergency measures to reduce the target total allowable catch (TAC) and associated days-at-sea (DAS) allocations in the Atlantic deep-sea red crab fishery, based on recent scientific information. The red crab stock was assessed by the Data Poor Stocks Working Group in the fall of 2008, and a final report published in January 2009 indicates that the current estimate of maximum sustainable yield (MSY) for red crab is no longer reliable. This action is necessary to comply with the objectives of the Deep-Sea Red Crab Fishery Management Plan (FMP), as well as to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is intended to prevent unsustainable fishing of the red crab resource while the New England Fishery Management Council (Council) develops specifications and
Proposed Information Collection; Comment Request; Procedures for Considering Requests and Comments From the Public for Textile and Apparel Safeguard Actions on Imports From Oman
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.
Technical Advisory Committees; Notice of Recruitment of Private-Sector Members
Seven Technical Advisory Committees (TACs) advise the Department of Commerce on the technical parameters for export controls applicable to dual-use commodities and technology and on the administration of those controls. The TACs are composed of representatives from industry, academic and Government representing diverse points of view on the concerns of the exporting community. Industry representatives are selected from firms producing a broad range of goods, technologies, and software presently controlled for national security, non-proliferation, foreign policy, and short supply reasons or that are proposed for such controls, balanced to the extent possible among large and small firms.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish; Amendment 1
NMFS is implementing approved measures contained in Amendment 1 to the Tilefish Fishery Management Plan (FMP), developed by the Mid- Atlantic Fishery Management Council (Council). The approved measures
Proposed Information Collection; Comment Request; Boundary and Annexation Survey, Boundary Validation Program
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)).
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands (Amendment 90) and Gulf of Alaska Groundfish (Amendment 78); Limited Access Privilege Programs
NMFS issues regulations implementing Amendment 90 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area and Amendment 78 to the Fishery Management Plan for Groundfish of the Gulf of Alaska. This regulation amends the Bering Sea and Aleutian Islands Amendment 80 Program and the Central Gulf of Alaska Rockfish Program to allow post-delivery transfers of cooperative quota to cover overages. This action is necessary to mitigate potential overages, reduce enforcement costs, and provide for more precise total allowable catch management. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plans, and other applicable law.
Petroleum Wax Candles from the People's Republic of China: Request for Comments on the Scope of the Antidumping Duty Order and the Impact on Scope Determinations
The Department of Commerce (``Department'') has considered certain novelty candles (i.e., candles in the shape of an identifiable object or with holiday-specific design both being discernable from multiple angles) outside the scope of the Order. See Antidumping Duty Order: Petroleum Wax Candles from the People's Republic of China, 51 Fed. Reg. 30686 (August 28, 1986) (``Order''). These exclusions were made in accordance with 19 C.F.R. Sec. 351.225(k)(1) and past Department practices. However, given the extremely large number of scope determinations requested by outside parties, the Department now seeks comments from the interested parties on the best method to consider whether novelty candles should or should not be included within the scope of the Order given the extremely large number of scope determinations requested by outside parties.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a joint public meeting of its Whiting Committee and Advisory Panel in September, 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.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS, has made a preliminary determination that the subject exempted fishing permit (EFP) application contains all the required information and warrants further consideration. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued that would allow commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.
National Aquatic Animal Health Plan for the United States; Notice of Availability
We are advising the public that a National Aquatic Animal Health Plan (NAAHP) for the United States is being made available for public review and comment. The NAAHP was developed by a Task Force led by the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department Agriculture, the Fish and Wildlife Service (FWS) of the U.S. Department of the Interior, and the National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce. It is anticipated that this plan will provide a framework for how APHIS, FWS, and NMFS should develop programs for diseases that affect the health of aquatic animals such as finfish, crustaceans, and mollusks.
Frozen Warmwater Shrimp from Vietnam: Notice of Final Results of Antidumping Duty Changed Circumstances Reviews
On July 2, 2009, the Department of Commerce (``Department'') published a notice of preliminary results of changed circumstances reviews of the antidumping duty order on frozen warmwater shrimp from Vietnam, and determined that Bac Lieu Fisheries Joint Stock Company (``Bac Lieu JSC''), Cadovimex Seafood Import-Export and Processing Joint Stock Company (``Cadovimex Vietnam''), Soc Trang Seafood Joint Stock Company (``STAPIMEX JSC''), Thuan Phuoc Seafoods and Trading Corporation (``Thuan Phuoc JSC''), and UTXI Aquatic Products Processing Corporation (``UTXI Corp.'') (collectively, ``Five CCR Requestors'') are successors-in-interest, respectively, to Bac Lieu Fisheries Company Limited (``Bac Lieu Limited''), Cai Doi Vam Seafood Import-Export Company (``Cadovimex''), Soc Trang Aquatic Products and General Import Export Company (``STAPIMEX''), Thuan Phuoc Seafoods and Trading Corporation (``Thuan Phuoc SOE''), and UTXI Aquatic Products Processing Company (``UTXI'') (collectively, ``Original Companies''), and should be accorded the same antidumping duty treatment as their respective Original Companies. However, the Department preliminarily found that Can Tho Import Export Fishery Limited Company (``CAFISH'') is not the successor-in-interest to Can Tho Agricultural and Animal Products Import Export Company (``CATACO'') for purposes of determining the antidumping duty cash deposit rate.\1\ For the final results, the Department continues to find that the Five CCR Requestors are the successors-in-interest to the respective Original Companies, and that CAFISH is not the successor-in-interest to CATACO.
Marine Mammals; File No. 10137-01
Notice is hereby given that the NMFS Pacific Islands Fisheries Science Center, Marine Mammal Research Program (MMRP), 2570 Dole Street, Honolulu, HI 96822-2396 (Responsible Party: Frank Parrish, Ph.D.), has been issued an amendment to Permit No. 10137 to conduct research and enhancement activities on Hawaiian monk seals (Monachus schauinslandi).
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued two one-year Letters of Authorization (LOAs) to take marine mammals by harassment incidental to the U.S. Navy's operation of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar operations to the Chief of Naval Operations, Department of the Navy, 2000 Navy Pentagon, Washington, DC 20350 and persons operating under his authority.
Coastal and Estuarine Land Conservation Program-Re-opening of FY 2010 Competition
NOAA publishes this notice to amend the Federal Funding Opportunity (NOS-OCRM-2010-2001655) entitled ``Coastal and Estuarine Land Conservation Program (CELCP)FY 2010 Competitive List'' which was originally announced in the Federal Register on January 2, 2009 (74 FR 82). This notice announces changes to the eligibility criteria, program priorities, and selection criteria to implement the requirements of the Omnibus Public Lands Management Act of 2009 (March 30, 2009). As a result of these changes, the application period for proposals is re- opened to provide eligible states and territories with the opportunity to adjust project proposals to comport with the changes, which are summarized in this notice and more fully described in the full Federal Funding Opportunity (FFO) Announcement for this competition.
Coastal Nonpoint Pollution Control Program: Approval Decision on the New Jersey Coastal Nonpoint Pollution Control Program
The National Oceanic and Atmospheric Administration (NOAA) and Environmental Protection Agency (EPA) invite public comment on the agencies' intention to fully approve New Jersey's Coastal Nonpoint Source Pollution Control Program. Federal approval of such state programs is required under the Coastal Zone Act Reauthorization Amendments. Final approval would satisfy conditions that the agencies previously identified to the State to ensure conformity with required guidance specifying management measures to protect coastal waters from nonpoint source pollution.
NOAA Ocean and Coastal Mapping Contracting Policy
The NOAA National Ocean Service (NOS) is soliciting public comments on the draft NOAA Ocean and Coastal Mapping Contracting Policy. Current NOAA contracting policy and relevant legislation are available for review on the following Web site: https:// www.nauticalcharts.noaa.gov/ocs/hsrp/hsrp.htm. Written public comments should be submitted to Roger L. Parsons by September 9, 2009.
Final Results of Antidumping Duty Changed Circumstances Review: Light-Walled Rectangular Pipe and Tube From Mexico
On June 18, 2009, the Department of Commerce (the Department) made its preliminary determination that Ternium Mexico S.A. de C.V. (Ternium) is the successor-in-interest to Hylsa S.A. de C.V. (Hylsa) and should be treated as such for antidumping duty cash deposit purposes. See Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review: Light-Walled Rectangular Pipe and Tube from Mexico, 74 FR 28887 (June 18, 2009) (Preliminary Results). For purposes of these final results of review, the Department has determined that Ternium is the successor-in-interest to Hylsa and, as a result, should be accorded the same treatment previously accorded to Hylsa in regard to the antidumping duty order on light-walled rectangular pipe and tube (LWRPT) from Mexico as of the date of publication of this notice in the Federal Register.
Polyester Staple Fiber from Taiwan: Rescission of Antidumping Duty Administrative Review in Part
On June 24, 2009, in response to requests from the petitioner, the Department of Commerce published a notice of initiation of administrative review of the antidumping duty order on polyester staple fiber from Taiwan. The period of review is May 1, 2008, through April 30, 2009. The Department of Commerce is rescinding this review in part.
Final Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico
On June 18, 2009, the Department of Commerce (the Department) made its preliminary determination that Ternium Mexico S.A. de C.V. (Ternium) is the successor-in-interest to Hylsa S.A. de C.V. (Hylsa) and should be treated as such for antidumping duty cash deposit purposes. See Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico, 74 FR 28883 (June 18, 2009) (Preliminary Results). For purposes of these final results of review, the Department has determined that Ternium is the successor-in-interest to Hylsa and, as a result, should be accorded the same treatment previously accorded to Hylsa in regard to the antidumping duty order on certain circular welded non-alloy steel pipe and tube (standard pipe and tube) from Mexico as of the date of publication of this notice in the Federal Register.
Revisions to the Trade Adjustment Assistance for Firms Program Regulations and Implementation Regulations for the Community Trade Adjustment Assistance Program
On May 5, 2009, the Economic Development Administration (`EDA') published a notice of proposed rulemaking to reflect the amendments made to the Trade Act of 1974, as amended, by the Trade and Globalization Adjustment Assistance Act of 2009 (`TGAAA'), which was included as subtitle I within the American Recovery and Reinvestment Act of 2009. The notice of proposed rulemaking provided a public comment period from May 5, 2009 through June 4, 2009. The TGAAA provides that the Secretary of Commerce must establish the Community Trade Adjustment Assistance Program by August 1, 2009, under which EDA would provide technical assistance under section 274 of the Trade Act to communities impacted by trade to facilitate the economic adjustment of those communities. The TGAAA amendments to the Trade Act took effect on May 17, 2009, 90 days after enactment. As a result of the enactment of the TGAAA, EDA promulgates this final rule to provide regulations to implement the Community Trade Adjustment Assistance Program and makes specific changes to the Trade Adjustment Assistance for Firms Program regulations.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has issued Permit 14159 to NMFS Protected Resource Division (PRD) in Long Beach, CA.
Taking of Marine Mammals Incidental to Specified Activities; Construction of the East Span of the San Francisco-Oakland Bay Bridge
In accordance with provisions of the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) has been issued to the California Department of Transportation (CALTRANS) to take small numbers of California sea lions, Pacific harbor seals, harbor porpoises, and gray whales, by harassment, incidental to construction of a replacement bridge for the East Span of the San Francisco-Oakland Bay Bridge (SF- OBB) in California.
Broadband Initiatives Program; Broadband Technology Opportunities Program
RUS and NTIA announce that the application closing deadline for the Broadband Initiatives Program (BIP) and the Broadband Technology Opportunities Program (BTOP) is extended until 5 p.m. Eastern Time (ET) on August 20, 2009, for any electronic applications pending as of 5 p.m. ET on August 14, 2009. There are no changes to the filing instructions for paper applications.
Fisheries in the Western Pacific; Marine Conservation Plan for Pacific Insular Areas; American Samoa
NMFS announces the approval of a marine conservation plan (MCP) for American Samoa.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold the following public meetings in September 2009: Meeting with Hawaii Longline Association on management measures for bigeye tuna catch limits in the Western & Central Pacific Ocean and in the Eastern Pacific Ocean (September 14, 2009, 2 p.m. to 5 p.m. HST); Pelagic Plan Team (PPT) meeting on management measures for bigeye tuna catch limits in the Western & Central Pacific Ocean (September 15, 2009, 1 p.m. to 5 p.m. HST); Western Pacific Stock Assessment Review (WPSAR) for Hawaiian Islands bottomfish (October 7, 2009, 1 p.m. to 5 p.m. HST). All meetings will be held in Honolulu, Hawaii and, if necessary, may run be beyond the stated finishing times. For specific dates and times, see SUPPLEMENTARY INFORMATION.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received an application for a scientific research permit from Dr. Jerry J. Smith (14516). This document serves to notify the public of the availability of the permit application for review and comment.
Incidental Takes of Marine Mammals During Specified Activities; Low-Energy Marine Seismic Survey in the Northwest Atlantic Ocean, August 2009
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Rice University (Rice), for the take of small numbers of marine mammals, by Level B harassment only, incidental to conducting a low-energy marine seismic survey in the Northwest Atlantic during August 2009.
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