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

NMFS proposes this rule to amend regulations supporting the North Pacific Groundfish Observer Program (Observer Program). This action is necessary to improve the operational efficiency of the Observer Program, as well as improve the catch, bycatch, and biological data provided by observers for conservation and management of the North Pacific groundfish fisheries, including that provided through scientific research activities. The proposed rule is intended to promote the goals and objectives of the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area and the FMP for Groundfish of the Gulf of Alaska.

The National Marine Fisheries Service (NMFS) announces the adoption of an Endangered Species Act (ESA) recovery plan for the Middle Columbia River Steelhead (Oncorhynchus mykiss) Distinct Population Segment (DPS), which spawns and rears in tributaries to the Columbia River in central and eastern Washington and Oregon. The Plan

NMFS is reopening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to fully use the C season allowance of the 2009 total allowable catch (TAC) of pollock specified for Statistical Area 630 of the GOA.

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, 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)).

In accordance with the Marine Mammal Protection Act (MMPA) regulations, NMFS has received an application from the St. George Reef Lighthouse Preservation Society (SGRLPS), for an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by incidental harassment, incidental to conducting aircraft operations and restoration and maintenance work on the St. George Reef Light Station on Northwest Seal Rock (NWSR) in the northeast Pacific Ocean. Pursuant to the Marine Mammal Protection Act, as amended, NMFS requests comments on its proposal to authorize SGRLPS to incidentally take, by Level B harassment only, small numbers of marine mammals, incidental to conducting aircraft operations, and lighthouse renovation and light maintenance activities for one year. Since the proposed activities would occur in the vicinity of pinniped haul out sites, marine mammals could be disturbed as a result of helicopter landing/takeoff and human presence; therefore, SGRLPS has requested an IHA.

Notice is hereby given that Jane Provancha, NASA, Ecological Program, Kennedy Space Center, FL, 32899, has applied in due form for a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), and Kemp's ridley (Lepidochelys kempii) sea turtles for purposes of scientific research.

NMFS proposes a regulation to implement the annual harvest guideline (HG) for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the Pacific coast. This HG is proposed according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific mackerel off the Pacific coast. The proposed total HG for the 2009-2010 fishing year is 10,000 metric tons (mt) and is proposed to be divided into a directed fishery HG of 8,000 mt and an incidental fishery of 2,000 mt.

In accordance with 5 U.S.C., 4314(c)(4), Department of Commerce (DOC) announces the appointment of persons to serve as members of the Departmental Performance Review Board (DPRB). The DPRB provides an objective peer review of the initial performance ratings, performance-based pay adjustments and bonus recommendations, higher- level review requests and other performance-related actions submitted by appointing authorities for Senior Executive Service (SES) members whom they directly supervise, and makes recommendations based upon its review. The term of the new members of the DPRB will expire December 31, 2011.

In response to a request from Tianjin Xianghaiqi Resources Import & Export Trade Co., Ltd. (``TXR''), the Department of Commerce (``Department'') initiated a new shipper review of the antidumping duty order on pure magnesium from the People's Republic of China (``PRC'') for the period of review (``POR'') May 1, 2008, through April 30, 2009.\1\ On August 3, 2009, TXR submitted a letter to the Department withdrawing its request for the new shipper review.\2\ Accordingly, we are rescinding the new shipper review with respect to TXR.

In preparation for the 2009 ICCAT meeting, the Advisory Committee to the U.S. Section to International Commission for the Conservation of Atlantic Tunas (ICCAT) will convene its second and final fall meeting in October 2009.

The Department of Commerce (``Department'') has determined that a request for a new shipper review of the antidumping duty order on certain steel nails from the People's Republic of China (``PRC''), received on August 24, 2009, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') of this new shipper review is January 23, 2008, - July 31, 2009.

On June 30, 2009, the Department of Commerce (``Department'') published the preliminary results of the new shipper review (``NSR'') of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC'') covering sales of subject merchandise made by Shanghai Fangjia Industry Co., Ltd. (``Fangjia''). See Wooden Bedroom Furniture from the People's Republic of China: Preliminary Results of New Shipper Review, 74 FR 31244 (June 30, 2009) (``Preliminary Results''). In accordance with 19 CFR 351.309(c)(ii), we gave interested parties an opportunity to comment on the Preliminary Results and received none. Accordingly, we have not made changes to the Preliminary Results and continue to determine that Fangjia has not made sales at less than normal value (``NV'').

The New England Fishery Management Council (NEFMC) will hold a Catch Share Workshop for Council members, staff, its Advisory Panel Chairmen, the Science and Statistical Committee Chairman and Mid- Atlantic Council members. The intent of this meeting is to share information and concerns about the use of catch shares in NEFMC managed fisheries; help decision makers learn from successes, failures and challenges in other regions and place catch shares in context with what has already been approved in New England with an eye toward future direction and action.

NMFS is prohibiting directed fishing for Pacific ocean perch for vessels participating in the Bering Sea and Aleutian Islands (BSAI) trawl limited access fishery in the Western Aleutian District of the BSAI. This action is necessary to prevent exceeding the 2009 Pacific ocean perch total allowable catch (TAC) specified for vessels participating in the BSAI trawl limited access fishery in the Western Aleutian District of the BSAI.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that the subject EFP application that was submitted by the Cornell Cooperative Extension of Suffolk County Marine Program (CCE) warrants further consideration and should be issued for public comment. The EFP would exempt participating vessels from summer flounder size restrictions and summer flounder mesh-size restrictions. The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made.

The Mid-Atlantic Fishery Management Council (Council), its Executive Committee, its Law Enforcement Committee, its Protected Resources Committee, and its Surfclam and Ocean Quahog Committee will hold public meetings.

The Gulf of Mexico Fishery Management Council (Council) will convene its Law Enforcement Advisory Panel (LEAP).

NMFS specifies a total allowable catch (TAC) of 254,050 lb (115,235 kg) of Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2009-10 fishing year.