Department of Commerce 2009 – Federal Register Recent Federal Regulation Documents
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Atlantic Highly Migratory Species; North and South Atlantic Swordfish Quotas
This final rule adjusts the North and South Atlantic swordfish quotas for the 2009 fishing year (January 1, 2009, through December 31, 2009) to account for underharvests, and transfers 18.8 metric tons (mt) dressed weight (dw) to Canada per the 2006 and 2008 International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations 06-03 and 08-02. In addition, this final rule includes minor regulatory modifications and clarifications, eliminates an existing sunset provision in the Madison-Swanson and Steamboat Lumps time/area closure, and establishes a small time/area closure in the Gulf of Mexico called the ``Edges 40 Fathom Contour.'' These changes could impact fishermen with a commercial swordfish, HMS Angling, or Charter/Headboat (CHB) permit who fish for Atlantic swordfish.
Establishment of a Recreational Fisheries Working Group by the Marine Fisheries Advisory Committee
Nominations are being solicited for appointment to a new Recreational Fisheries Working Group of the Marine Fisheries Advisory Committee (MAFAC) beginning in January 2010. MAFAC is the only Federal advisory committee with the responsibility to advise the Secretary of Commerce (Secretary) on all matters concerning living marine resources that are the responsibility of the Department of Commerce. MAFAC is establishing a Recreational Fisheries Working Group (RFWG) to assist it in the development of recommendations to the Secretary on regulations, policies and programs critical to the mission and goals of the NMFS. The RFWG shall be composed of people with a specific interest and qualification related to NOAA's recreation-related activities. The members will be appointed by MAFAC in consultation with NOAA and will serve for an initial term of one year, with the potential for reappointment. Nominees should possess demonstrable expertise in the science, management or business of recreational fishing, a well- informed background in recreational fisheries issues, and an operational knowledge of federal agencies and interactions with the Fishery Management Councils and/or regional and state partners, and be able to fulfill the time commitments required for two annual meetings.
Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Final Results and Final Rescission in Part of Antidumping Duty Administrative Review
On July 8, 2009, the Department of Commerce (``the Department'') published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on certain stainless steel butt-weld pipe fittings from Taiwan. See Certain Stainless Steel Butt-Weld Pipe Fittings from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Notice of Intent to Rescind in Part, and Notice of Intent Not to Revoke Order in Part, 74 FR 32532 (July 8, 2009) (``Preliminary Results''). The merchandise covered by the order is certain stainless steel butt-weld pipe fittings from Taiwan as described in the ``Scope of the Order'' section of this notice. The period of review (``POR'') is June 1, 2007, through May 31, 2008. We provided interested parties an opportunity to comment on our Preliminary Results. Based upon our analysis of the comments received, we made changes to the margin calculation. The final weighted-average dumping margin is listed below in the section titled ``Final Results of Review.''
Tetrahydrofurfuryl Alcohol from the People's Republic of China: Continuation of the Antidumping Duty Order
As a result of the determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty order on Tetrahydrofurfuryl Alcohol (``THFA'') from the People's Republic of China (``PRC'') would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.
Proposed Information Collection; Comment Request; Form ED-840P Petition by a Firm for Certification of Eligibility To Apply for Trade Adjustment Assistance; Trade Adjustment Assistance for Firms 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.
FY 2010 Measurement, Science and Engineering Research Grants Programs; Availability of Funds
The National Institute of Standards and Technology (NIST) announces that the following programs are soliciting applications for financial assistance for FY 2010: (1) The Electronics and Electrical Engineering Laboratory Grants Program; (2) the Manufacturing Engineering Laboratory Grants Program; (3) the Chemical Science and Technology Laboratory Grants Program; (4) the Physics Laboratory Grants Program; (5) the Materials Science and Engineering Laboratory Grants Program; (6) the Building Research Grants and Cooperative Agreements Program; (7) the Fire Research Grants Program; (8) the Information Technology Laboratory Grants Program; (9) the NIST Center for Neutron Research Grants Program; (10) Center for Nanoscale Science and Technology Grants Program; and (11) the Technology Services Grants Program.
Summer Undergraduate Research Fellowships (SURF) NIST Gaithersburg and Boulder Programs; Availability of Funds
The National Institute of Standards and Technology (NIST) announces that the following programs are soliciting applications for financial assistance for FY 2010: (1) The NIST Gaithersburg Summer Undergraduate Research Fellowship Programs, and (2) the NIST Boulder Summer Undergraduate Research Fellowship Programs. Each program will only consider applications that are within the scientific scope of the program as described in this notice and in the detailed program descriptions found in the Federal Funding Opportunity (FFO) announcement for these programs.
Direct Investment Surveys: BE-10, 2009 Benchmark Survey of U.S. Direct Investment Abroad
This final rule amends regulations of the Bureau of Economic Analysis (BEA), Department of Commerce, setting forth the reporting requirements for the 2009 BE-10, Benchmark Survey of U.S. Direct Investment Abroad. The benchmark survey covers the U.S. direct investment abroad universe, and is BEA's most comprehensive survey of such investment in terms of subject matter. Benchmark surveys are conducted every 5 years. The changes to the 2009 benchmark survey include: (a) Changes in survey form design and reporting criteria to simplify the survey forms and improve response rates; and (b) modifications, deletions and additions of specific items on the survey forms. Some of the items that will no longer be collected are those that are now collected on BEA's surveys of international services.
Chlorinated Isocyanurates from the People's Republic of China: Final Results of Antidumping Duty Administrative Review
The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on chlorinated isocyanurates from the People's Republic of China (``PRC'') covering the period June 1, 2007, through May 31, 2008. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made changes to our margin calculations. Therefore, the final results differ from the preliminary results.
Pure Magnesium from the People's Republic of China: Final Results of Antidumping Duty Administrative Review
On June 8, 2009, the Department published its preliminary results in the antidumping duty administrative review of pure magnesium from the PRC.\1\ The period of review (``POR'') for the administrative review is May 1, 2007, through April 30, 2008. We have determined that Tianjin Magnesium International Co., Ltd. (``TMI''), the only respondent in this review, made sales in the United States at prices below normal value (``NV''). There are no other respondents covered by this review. We invited interested parties to comment on our preliminary results in this review. Based on our analysis of the comments we received in the administrative review, we made certain changes to our Preliminary Results. The final dumping margins for this review are listed in the ``Final Results Margins'' section below.
Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination
The Department of Commerce preliminarily determines that countervailable subsidies are being provided to producers and exporters of narrow woven ribbons with woven selvedge from the People's Republic of China. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.
Proposed Information Collection; Comment Request; Licensing Exemptions and Exclusions
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.
Proposed Information Collection; Comment Request; Applicant for Funding Assistance
The Department of Commerce (DOC), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the continuing and proposed information collection, as required by the Paperwork Reduction Act of 1995.
Procedure for Treating Rejected Claims That Are Not Being Appealed
The United States Patent and Trademark Office (USPTO) is considering changes to the procedure for handling notices of appeal and appeal briefs that identify fewer than all of the rejected claims as being appealed. Under the proposed procedure, if appellant files a notice of appeal, or an appeal brief, that clearly identifies fewer than all of the rejected claims as being appealed, the non-appealed rejected claims would be deemed canceled by operation of this action on the part of the appellant as of the date on which such a notice of appeal, or appeal brief, is filed, regardless of whether the appellant also files an amendment canceling the non-appealed rejected claims. The USPTO is requesting comments from the public regarding the proposed procedure set forth in this notice.
Marine Mammals; File No. 14301
Notice is hereby given that the University of Alaska Museum of the North, 907 Yukon Drive, Fairbanks, AK 99775-6960 (Dr. Link E. Olson, Responsible Party), has applied in due form for a permit to collect, acquire, import and export various marine mammal and endangered species specimens, including partial and whole carcasses from species of marine mammals under the jurisdiction of NMFS for the purpose of curating samples for future scientific research.
The Manufacturing Council: Meeting of the Manufacturing Council
The Manufacturing Council will hold a meeting via teleconference to deliberate a draft letter of recommendation to the Secretary of Commerce.
Polyethylene Retail Carrier Bags From Thailand: Final Results of Antidumping Duty Administrative Review
On August 10, 2009, the Department of Commerce published the preliminary results of the 2007/2008 administrative review of the antidumping duty order on polyethylene retail carrier bags from Thailand. We gave interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received and an examination of our calculations, we have made certain changes for the final results. The final weighted-average dumping margins for the respondents are listed below in the ``Final Results of the Review'' section of this notice.
Magnuson-Stevens Act Provisions; National Standard 2-Scientific Information
NMFS proposes revisions to the guidelines for National Standard 2 (NS2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) regarding scientific information. This action is necessary to provide guidance on the use of best scientific information available (BSIA) for the effective conservation and management of the nation's marine living resources. NMFS proposes to modify the existing NS2 guidelines on BSIA and establish new guidelines for scientific peer review to ensure the reliability, credibility, and integrity of the scientific information used in fishery conservation and management measures. Further, NMFS is proposing to add language to the guidelines regarding the role of the Scientific and Statistical Committees (SSCs) of the Regional Fishery Management Councils (Councils), and the relationship of SSCs to the peer review process. The proposed NS2 guidelines will also clarify the content and purpose of the Stock Assessment and Fishery Evaluation (SAFE) Report and related documents. These actions are necessary to ensure the use of BSIA in the development of fishery management plans and plan amendments, as required by NS2 of the MSA. The intended effect of these actions is to ensure that scientific information, including its collection and analysis, has been validated through formal peer review or other appropriate review, is transparent, and is used appropriately by SSCs, Councils, and NMFS in the conservation and management of marine fisheries. These guidelines are designed to provide quality standards for the collection and provision of biological, ecological, economic, and sociological information to fishery managers, Councils, and the public, while recognizing regional differences in fisheries and their management.
Continuation of Antidumping and Countervailing Duty Finding and Orders: Prestressed Concrete Steel Wire Strand from Brazil, India, Japan, the Republic of Korea, Mexico, and Thailand
As a result of the determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (the ``ITC'') that revocation of the antidumping duty (``AD'') finding/ orders on prestressed concrete steel wire strand (``PC strand'') from Brazil, India, Japan, the Republic of Korea (``Korea''), Mexico, and Thailand would likely lead to continuation or recurrence of dumping, that revocation of the countervailing duty (``CVD'') order on PC strand from India would likely lead to continuation or recurrence of a countervailable subsidy, and that revocation of these AD and CVD finding/orders would likely lead to a continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of the continuation of these AD finding/orders and CVD order.
Marine Mammals; File No. 14535
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 been issued a permit to conduct research on captive pinnipeds for scientific research.
Commodity Matchbooks from India: Antidumping Duty Order
Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing an antidumping duty order on commodity matchbooks from India. On December 4, 2009, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry.
Commodity Matchbooks from India: Countervailing Duty Order
Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (ITC), the Department is issuing a countervailing duty order on commodity matchbooks from India.
Announcing Revised Draft Federal Information Processing Standard (FIPS) 140-3, Security Requirements for Cryptographic Modules
The National Institute of Standards and Technology (NIST) announces the Revised Draft Federal Information Processing Standard 140-3, Security Requirements for Cryptographic Modules, for public review and comment. The draft standard, designated ``Revised Draft FIPS 140-3,'' is proposed to supersede FIPS 140-2.
Admittance To Practice and Roster of Registered Patent Attorneys and Agents Admitted To Practice Before the United States Patent and Trademark Office (USPTO)
The United States Patent and Trademark Office (USPTO), 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 this continuing information collection, as required by the Paperwork Reduction Act of 1995.
Fisheries of the Exclusive Economic Zone Off Alaska; North Pacific Halibut and Sablefish Individual Fishing Quota Cost Recovery Programs
NMFS publishes individual fishing quota (IFQ) standard prices for the IFQ cost recovery program in the halibut and sablefish fisheries of the North Pacific. This action is intended to provide holders of halibut and sablefish IFQ permits with the 2009 standard prices and fee percentage to calculate the required payment for IFQ cost recovery fees due by January 31, 2010.
Wassenaar Arrangement 2008 Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce Control List, Definitions, Reports
The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To harmonize with the changes to the Wassenaar List, this rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information security), 6, 7, 8, and 9; adding new entries to the CCL, revising reporting requirements and adding and amending EAR Definitions.
Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2010 Harvest Specifications and Management Measures for Petrale Sole
This final rule revises the 2010 Optimum Yield and the January-December 2010 management measures for petrale sole taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 29 Supplement
NMFS issues this proposed rule to supplement the regulations implementing Amendment 29 to the Fishery Management Plan for Reef Fish Resources of the Gulf of Mexico (FMP), as prepared and submitted by the Gulf of Mexico Fishery Management Council (Council). Amendment 29 established a multi-species individual fishing quota (IFQ) program for the grouper and tilefish component of the commercial sector of the reef fish fishery in the Gulf of Mexico (Gulf) exclusive economic zone. This proposed rule would remove several measures constraining harvest of shallow-water grouper species that were inadvertently not removed in the final rule for Amendment 29, further clarify existing criteria for approval of new landing locations for both the red snapper IFQ program and grouper and tilefish IFQ program, and provide a definition of ``offloading'' in the codified text for IFQ participants. This proposed rule also discusses two options considered by the Council. NMFS is seeking comment on one of these options, which would give IFQ fishermen the option to provide a headcount of the fish on board at the time of landing. The intent of this proposed rule is to enhance IFQ program enforcement capabilities, reduce confusion for IFQ participants offloading their fish, and allow for more efficient functioning of the IFQ programs for red snapper and groupers and tilefishes.
Endangered and Threatened Species; Recovery Plans; Correction
On November 24, 2009, we, NMFS, announced an extension of the public comment period for the Draft Central Valley Salmon and Steelhead
Fisheries of the Exclusive Economic Zone off Alaska; Maximum Retainable Amounts for Non-American Fisheries Act Trawl Catcher/Processors
NMFS withdraws the proposed rule to revise accounting regulations for maximum retainable amounts of selected groundfish species caught by trawl catcher/processors that are not eligible under the American Fisheries Act to participate in directed fishing for pollock (February 13, 2009). Thus, the current maximum retainable amounts accounting regulations remain in effect for the following species: yellowfin sole, rock sole, flathead sole, ``other flatfish,'' arrowtooth flounder, Pacific cod, and Atka mackerel in the Bering Sea and Aleutian Islands management area and for Pacific ocean perch in the Aleutian Islands.
Certain Hot-Rolled Carbon Steel Flat Products from Thailand: Final Results of Antidumping Duty Administrative Review
On August 5, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products (hot-rolled steel) from Thailand. The period of review is November 1, 2007, through October 31, 2008. We received comments from interested parties, but have made no changes to the margin for the final results. The final margin for the respondent is listed below in the section entitled ``Final Results of Review.''
Ball Bearings and Parts Thereof From France: Final Results of Changed-Circumstances Review
The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that SKF Aeroengine France S.A.S.U. (SKF Aeroengine) is the successor-in-interest to SNFA S.A.S.U. and, as a result, should be accorded the same treatment as SNFA S.A.S.U.
Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty New Shipper Review
On October 2, 2009, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the new shipper review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC) for Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa). See Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Review, 73 FR 50946 (October 2, 2009) (Preliminary Results). We gave interested parties an opportunity to comment on the Preliminary Results, and received no comments. We also made no changes to the preliminary results for these final results. Therefore, the final results do not differ from the preliminary results.
Certain Steel Concrete Reinforcing Bars from Turkey: Notice of Court Decision Not in Harmony with Final Results of Administrative Review
On June 15, 2009, and November 23, 2009, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) results of redetermination pursuant to the CIT's remand orders in Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-55 (June 15, 2009) and Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. United States, Court No. 05-00613, Slip Op. 09-133 (Nov. 23, 2009). See Results of Redetermination Pursuant to Remand, dated March 3, 2008, and Results of Redetermination Pursuant to Remand, dated September 8, 2009 (found at https://ia.ita.doc.gov/remands). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results of the administrative review of the antidumping duty order on certain steel concrete reinforcing bars (rebar) from Turkey covering the period of review (POR) of April 1, 2003, through March 31, 2004. See Certain Steel Concrete Reinforcing Bars From Turkey; Final Results, Rescission of Antidumping Duty Administrative Review in Part, and Determination To Revoke in Part, 70 FR 67665 (Nov. 8, 2005) (Final Results).
Certain Polyester Staple Fiber from the Republic of Korea: Final Results of the 2007-2008 Antidumping Duty Administrative Review
On June 9, 2009, the Department of Commerce published the preliminary results of the eighth administrative review of the antidumping duty order on certain polyester staple fiber from the Republic of Korea. The review covers the shipments of subject merchandise to the United States by Huvis Corporation. Based on our analysis of the comments received from interested parties, we have made no changes for the final results. The final weighted-average dumping margins are listed below in the ``Final Results of the Review'' section of this notice.
International Fisheries Regulations; Fisheries in the Western Pacific; Pelagic Fisheries; Hawaii-based Shallow-set Longline Fishery
This final rule removes the annual limit on the number of fishing gear deployments (sets) for the Hawaii-based pelagic shallow- set longline fishery, and increases the annual number of allowable incidental interactions that occur between the fishery and loggerhead sea turtles. The final rule optimizes yield from the fishery without jeopardizing the continued existence of sea turtles and other protected resources. This final rule also makes several administrative clarifications to the regulations.
Fisheries of the South Atlantic and Gulf of Mexico; Southeastern Data, Assessment, and Review (SEDAR)
SEDAR procedural workshops provide an opportunity for focused discussion and deliberation on topics that arise in multiple
Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions
The Wassenaar Arrangement (WA) Task Force on Editorial Issues (TFEI) made revisions, editorial in nature, to clarify, remove extraneous text or correct text that appears in Export Control Classification Numbers (ECCNs) on the Commerce Control List of the Export Administration Regulations. The TFEI revisions (over 2,000) were agreed upon by the WA in December 2007. The WA implementation rules for 2007 and 2008 contain only the TFEI revisions that coincided with the revisions to ECCNs affected by the 2007 and 2008 WA agreements. This rule implements the remaining TFEI revisions.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-grouper Fishery of the South Atlantic; Closure of the 2009-2010 Commercial Fishery for Black Sea Bass in the South Atlantic
NMFS closes the commercial fishery for black sea bass in the portion of the exclusive economic zone (EEZ) of the South Atlantic through 35[deg] 15.19' N. lat., the latitude of Cape Hatteras Light, North Carolina. NMFS has determined that the quota for the commercial fishery for black sea bass will have been reached by December 20, 2009. This closure is necessary to protect the black sea bass resource.
2009 Calculation of Expected Non-Market Economy Wages
On October 7, 2009, the Department of Commerce (``Department'') published the preliminary calculation of the 2009 expected non-market economy (``NME'') wages, and provided the public with an opportunity to comment on potential clerical errors. See Expected Non-Market Economy Wages: Request for Comments on 2009 Calculation, 74 FR 51555 (October 7, 2009) (``2009 preliminary calculation''). The 2009 calculation was based on 2007 data and the methodology described in the Antidumping Methodologies: Market Economy Inputs, Expected Non-Market Economy Wages, Duty Drawback; and Request for Comments, 71 FR 61716, October 19, 2006 (``Antidumping Methodologies Notice''). Subsequently, the Department received comments from King & Spalding LLP on behalf of U.S. domestic industry (``domestic industry'') regarding the Department's 2009 preliminary calculation, as further discussed below. The Department received no other comments. This notice constitutes the Department's announcement of the finalization and effective date of the 2009 calculation.
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