Department of Commerce 2009 – Federal Register Recent Federal Regulation Documents

NOAA issues this notice to inform the public that an ROD has been approved for replacement of the Southwest Fisheries Science Center (SWFSC) at the Scripps Institution of Oceanography (SIO) within the University of California at San Diego (UCSD) campus in La Jolla, California. NOAA signed the ROD on August 20, 2009.

We, the National Marine Fisheries Service (NMFS) are issuing this notice to advise the public that NMFS is adding an additional public meeting regarding 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, and includes information on two public meetings. We are issuing this notice to announce a third public meeting in Anacortes, WA that has been added in response to requests for additional public meetings to allow for greater public participation.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Naval Base Ventura County (NBVC) Point Mugu to take marine mammals, by harassment, incidental to boom deployment exercises at Point Mugu, California.

The charter for NOAA's Hydrographic Services Review Panel, a Federal Advisory Panel, has been renewed. The charter is available for review on the following Web site: https://www.nauticalcharts.noaa.gov/ ocs/hsrp/charter.htm.

The ONMS is seeking applicants for the following seats on The Stellwagen Bank National Marine Sanctuary Advisory Council (Council): Member and Alternate three-year terms for (1) Research; (1) Conservation; (1) Education; (1) Marine Transportation; (1) Recreational Fishing; (1) Mobile Gear Commercial Fishing; (1) At-Large, and (1) At-Large (Member only). Additionally seeking applications for two-year term (1) Education (Member) and (1) Conservation (Alternate) seats. 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 two and three year terms, pursuant to the Council's Charter. The Council consists also of three state and three Federal non voting ex-officio seats.

The National Institute of Standards and Technology (NIST) is interested in working with regional, state and local economic development organizations, technology incubation centers, technology- oriented public-private business development initiatives and other organizations and partnerships to facilitate the transfer of technologies developed within the NIST Labs to the private sector through potential licensing and/or collaboration. A sampling of commercially viable technologies developed at the NIST Labs may be viewed at: https://www.nist.gov/patents. This is not an opportunity to apply for government funding and NIST will not make any funds available to any party pursuant to this announcement.

On January 28, 2009, the Department of Commerce (``the Department'') published a notice of initiation of a changed circumstances review (``CCR'') of the countervailing duty (``CVD'') order on certain pasta from Turkey as requested by Marsan Gida Sanayi ve Ticret A.S. (``Marsan'') See Notice of Initiation of Countervailing Duty Changed Circumstances Review: Certain Pasta from Turkey, 74 FR 4938 (January 28, 2009) (``Initiation Notice''). As stated in the Initiation Notice, we are not applying the antidumping (``AD'') successor-in-interest methodology to determine whether Marsan is the successor to Gidasa Sabanci Gida Sanayi ve Ticaret A.S. (``Gidasa'') for CVD purposes. Id. at 4939. After receiving additional information regarding the circumstances which warranted the CCR of Gidasa, pursuant to the new criteria outlined in the ``Preliminary Results of Changed Circumstances Review'' section below, we preliminarily find that Marsan is not the successor to Gidasa, for purposes of the CVD cash deposit rates, and therefore its merchandise should continue to enter under the ``all others'' cash deposit rate. Interested parties are invited to comment on these preliminary results.

On March 9, 2009, the Department of Commerce (``the Department'') published in the Federal Register the preliminary results of the third administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam''). Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results, Preliminary Partial Rescission and Request for Revocation, In Part, of the Third Administrative Review, 74 FR 10009 (March 9, 2009) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. We find that certain manufacturers/exporters have not sold subject merchandise at less than normal value (``NV'') during the period of review (``POR'') February 1, 2007, through January 31, 2008.

On March 9, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from Ecuador. This review covers 81 producers/exporters of the subject merchandise to the United States. The period of review (POR) is February 1, 2007, through August 14, 2007.

Notice is hereby given that Colleen Reichmuth, Ph.D., University of California at Santa Cruz, Long Marine Laboratory, 100 Shaffer Road, Santa Cruz, CA, has applied in due form for a permit to conduct research on captive pinnipeds.

NOAA and NSF publish this notice to amend the Federal Funding Opportunity (NOAA-NMFS-FHQ-2009-2001734) entitled ``Comparative Analysis of Marine Ecosystem Organization (CAMEO)'' which was originally announced in the Federal Register on July 7, 2009. This notice announces changes to the program priorities.

NMFS announces that the Limited Access General Category (LAGC) scallop fishery will close to individual fishing quota (IFQ) scallop vessels (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), effective 0001 hours, September 15, 2009, until it re-opens on December 1, 2009, under current regulations. This action is based on the determination that the third quarter scallop total allowable catch (TAC) for LAGC IFQ scallop vessels is projected to be landed. This will prevent IFQ scallop vessels from exceeding the 2009 third quarter TAC, in accordance with the regulations implementing Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act.

On March 6, 2009, the Department of Commerce (``Department'') published the preliminary results of the administrative review of the antidumping duty order on stainless steel bar (``SSB'') from India. This review covers sales of SSB from India with respect to one producer/exporter: Venus Wire Industries Pvt. Ltd. (``Venus'') during the period February 1, 2007, through January 31, 2008.

On May 15, 2009, the Foreign-Trade Zones (FTZ) Board published a notice seeking comments on proposed revisions to the format of annual reports that are submitted by grantees to the FTZ Board. Based on comments received, the FTZ Board has made further revisions to the proposed annual report format. The most significant revision is a proposed shift from reporting on a Federal fiscal year basis to reporting on a calendar-year basis. The Board is inviting public comment on the latest proposal. Comments and questions regarding the

The National Marine Fisheries Service (NMFS) currently requires the use of chain-mat modified dredge gear in the Atlantic sea scallop fishery south of 41[deg] 9.0' North latitude from May 1 through November 30 each year. This gear is necessary to help reduce mortality and injury to endangered and threatened sea turtles captured in this fishery and to conserve sea turtles listed under the Endangered Species Act. NMFS issues this final rule to make minor modifications to these chain-mat requirements. This final rule clarifies where on the dredge the chain mat must be hung, excludes the sweep from the requirement that the side of each opening in the chain mat be less than or equal to 14 inches (35.5 cm); and adds definitions of the sweep and the diamonds, which are terms used to describe parts of the scallop dredge gear. Any incidental take of threatened sea turtles in Atlantic sea scallop dredge gear in compliance with the gear modification requirements and all other applicable requirements will be exempted from the ESA prohibition against takes.

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on certain kitchen appliance shelving and racks from the People's Republic of China (``PRC''). On September 2, 2009, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Certain Kitchen Appliance Shelving and Racks from China (Investigation No. 731-TA-1154 (Final), USITC Publication 4098, (August 2009).

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject programmatic Exempted Fishing Permit (EFP) application for the Study Fleet Program contains all of the required information and warrants further consideration. Study Fleet projects are managed by the University of Massachusetts Dartmouth School of Marine Science and Technology (SMAST). The programmatic EFP would grant exemptions from minimum fish sizes, and possession and landing limits. However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to issue a programmatic EFP that would allow seven vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States.

On July 23, 2009, we, NMFS, announced the release of the Draft Southern California Steelhead Recovery Plan (Plan) for public