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

The South Atlantic Fishery Management Council and NOAA Fisheries Service's Southeast Fisheries Science Center are convening a workshop to develop a fishery independent monitoring program for the fisheries resources of the South Atlantic. The workshop will be held in Beaufort, NC.

NMFS has received a request from the U.S. Navy (Navy) for authorization for the Department of Defense (including the Navy, the U.S. Air Force (USAF), and the U.S. Marine Corps (USMC)) to take marine mammals incidental to training activities conducted in the Mariana Islands Range Complex (MIRC) study area for the period of March 2010 through February 2015 (amended from the initial request for January 2010 through December 2014). Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requesting information, suggestions, and comments on these proposed regulations.

On September 15, 2009, the Department of Commerce (Department) published in the Federal Register the final results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from Ecuador for the period of review (POR) of February 1, 2007, through August 14, 2007. See Certain Frozen Warmwater Shrimp From Ecuador: Final Results of Antidumping Duty Administrative Review, 74 FR 47201 September 15, 2009) (Final Results), and accompanying Issues and Decision Memorandum. Based on the correction of a ministerial error with respect to the calculation of the indirect selling expense ratio for the respondent Sociedad Nacional de Galapagos, S.A. (Songa), we have changed the final results margin for Songa and, as a result, the final results margins for the respondents not selected for individual examination in this administrative review.

We, the National Marine Fisheries Service (NMFS), are issuing this notice to advise the public that NMFS is extending the public comment period for proposed 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. The proposed rule was published July 29, 2009, opening a 90-day public comment period and noticing two public meetings. In response to requests from the public, on September 17, 2009, we published a notice in the Federal Register announcing an additional public meeting. We are issuing this notice to announce an 80-day extension of the public comment period in response to requests to provide more time for the public to review the proposed regulation and provide comments.

The Eight Regional Fishery Management Councils will convene a meeting of representatives of their respective Scientific and Statistical Committee (SSCs) at the Wyndam Sugar Bay Resort, St. Thomas, United States Virgin Islands, November 10-13, 2009.

On June 8, 2009, the Department of Commerce (the Department) published the preliminary results of the antidumping duty order on stainless steel plate in coils (SSPC) from Belgium. See Stainless Steel Plate in Coils From Belgium: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 27097 (June 8, 2009) (Preliminary Results). This review covers one manufacturer/exporter of the subject merchandise: ArcelorMittal Stainless Belgium N.V. (AMS Belgium). The period of review (POR) is May 1, 2007, through April 30, 2008.

The United States Patent and Trademark Office has issued a second certificate under 35 U.S.C. 156(d)(5) for a second one-year interim extension of the term of U.S. Patent No. 4,919,140.

Notice is hereby given that Douglas Peterson, Ph.D., Warnell School of Forest Resources (Fisheries Division), University of Georgia, Athens, GA 30602, has been issued a permit to take shortnose sturgeon (Acipenser brevirostrum) for purposes of scientific research.

The Gulf of Mexico Fishery Management Council will convene a public meeting of the Outreach and Education Advisory Panel (AP).

NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2009 total allowable catch (TAC) of northern rockfish in the BSAI.

The Gulf of Mexico Fishery Management Council will convene a web based meeting of the ABC Control Rule Working Group.

The North Pacific Fishery Management Council (Council) Salmon Bycatch Workgroup will meet in Anchorage, AK.

On May 26, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on purified carboxymethylcellulose (CMC) from the Netherlands. See Purified Carboxymethylcellulose from the Netherlands; Preliminary Results of Antidumping Duty Administrative Review, 74 FR 24823 (May 26, 2009) (Preliminary Results). The merchandise covered by the order is purified CMC as described in the ``Scope of the Order'' section of this notice. The period of review (POR) is July 1, 2007, through June 30, 2008. We afforded interested parties an opportunity to comment on the Preliminary Results. We received comments from interested parties and, consequently, have made changes to our calculation based on our analysis of the comments received. Therefore, the final results differ from those published in the Department's Preliminary Results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of the Review.''

The ONMS is seeking applications for the following vacant seats on the Olympic Coast National Marine Sanctuary Advisory Council: The Commercial Fishing seat and the Education seat. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the sanctuary. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the council's Charter.

The United States Patent and Trademark Office (Office) published a final rule in the Federal Register in August of 2007 to revise the rules of practice for patent cases pertaining to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications (Claims and Continuations Final Rule). The Office is revising the rules of practice in this final rule to remove the changes in the Claims and Continuations Final Rule from the Code of Federal Regulations.

On August 5, 2009, the Department of Commerce (the Department) published a notice of preliminary results of changed circumstances review of the antidumping duty order on frozen warmwater shrimp (shrimp) from Thailand. In that notice, we preliminarily determined that it was appropriate to treat the Rubicon Group inclusive of Phatthana Frozen Food Co., Ltd. (PFF) and Sea Wealth Frozen Food Co., Ltd. (Sea Wealth) as the successor-in-interest to the Rubicon Group as it operated during the period of investigation (POI) of the less-than- fair-value (LTFV) investigation. Further, we preliminarily determined that it was appropriate to revoke PFF and Sea Wealth from the antidumping duty order on shrimp from Thailand, effective as of January 16, 2009. See Certain Frozen Warmwater Shrimp From Thailand: Preliminary Results of Antidumping Duty Changed Circumstances Review and Notice of Intent to Revoke in Part, 74 FR 39042 (Aug. 5, 2009) (Preliminary Results). For these final results the Department continues to find that the current form of the Rubicon Group, inclusive of PFF and Sea Wealth, is the successor-in-interest to the Rubicon Group as it operated during the LTFV investigation. Accordingly, we are revoking PFF and Sea Wealth from the antidumping duty order on shrimp from Thailand, effective as of January 16, 2009.