Department of Commerce 2009 – Federal Register Recent Federal Regulation Documents

NMFS announces that fish quotas and an effort allocation are available for harvest by U.S. fishermen in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make available to U.S. fishermen a fishing privilege on an equitable basis.

The United States Patent and Trademark Office (USPTO) has in place procedures for measuring the quality of patent examination, including the decision to grant a patent based on an application and of other Office actions issued during the examination of the application. The USPTO in conjunction with the Patent Public Advisory Committee (PPAC) has undertaken a project related to overall patent quality. This notice is one element in that endeavor. As part of this effort to improve the quality of the overall patent examination and prosecution process, to reduce patent application pendency, and to ensure that granted patents are valid and provide clear notice, the USPTO would like to focus, inter alia, on improving the process for obtaining the best prior art, preparation of the initial application, and examination and prosecution of the application. The USPTO is seeking public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. This notice is not directed to patent law statutory change or substantive new rules. It is directed to the shared responsibility of the USPTO and the public for improving quality and reducing pendency within the existing statutory and regulatory framework.

Notice is hereby given that James T. Harvey, Ph.D., Moss Landing Marine Laboratories, 8272 Moss Landing Road, Moss Landing, CA 95039, has applied for an amendment to Scientific Research Permit No. 555-1870-00.

In response to requests from interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on circular welded non-alloy steel pipe (``CWP'') from the Republic of Korea (``Korea''). The period of review (``POR'') is November 1, 2007, through October 31, 2008. This review covers multiple exporters/producers, one of which is being individually reviewed as a mandatory respondent. We preliminarily determine the mandatory respondent made sales of the subject merchandise at prices below normal value (``NV''). We have assigned the remaining respondents the margin calculated for the mandatory respondent. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries. Interested parties are invited to comment on these preliminary results.

The United States Patent and Trademark Office (USPTO) is implementing a pilot program in which an applicant may have an application advanced out of turn (accorded special status) for examination, for applications pertaining to green technologies including greenhouse gas reduction (applications pertaining to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction). Currently, an application pertaining to environmental quality, or energy conservation, development of renewable energy resources or greenhouse gas reduction will not be advanced out of turn for examination unless it meets the requirements of the accelerated examination program. Under the Green Technology Pilot Program, applications pertaining to environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, will be advanced out of turn for examination without meeting all of the current requirements of the accelerated examination program (e.g., examination support document). The USPTO will accept only the first 3,000 petitions to make special in previously filed new applications, provided that the petitions meet the requirements set forth in this notice.

In response to requests by interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico. This administrative review covers mandatory respondents Mueller Comercial de Mexico, S. de R.L. (Mueller) and Tuberia Nacional, S.A. de C.V. (TUNA). The Department also selected Hylsa S.A. de C.V. (Hylsa) as a mandatory respondent for this review. Hylsa was subject to a concurrent changed circumstances review of this order. In its changed circumstances review the Department determined Ternium Mexico, S.A. de C.V. (Ternium) is the successor-in-interest to Hylsa. See Final Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe and Tube from Mexico, 74 FR 41681 (August 18, 2009) (Final Results Changed Circumstances Review). Therefore, we are treating Ternium as the successor-in-interest to Hylsa for these preliminary results and consider them a single entity (see ``Background'' section of this notice for further explanation). The period of review (POR) is November 1, 2007 through October 31, 2008. We preliminarily determine that sales of subject merchandise have been made at less than normal value (NV) because two of the three companies, Ternium and Mueller, refused to cooperate with the Department in the conduct of this administrative review. We also are preliminarily rescinding this administrative review in part with respect to respondent TUNA, which has claimed it made no shipments of subject merchandise during the POR. The Department's review of import data supported TUNA's claim (see ``TUNA's No-Shipment Claim'' section of this notice for further explanation). Interested parties are invited to comment on these preliminary results.

NMFS is reopening the public comment period for the supplemental NOI to prepare an EIS for the Omnibus Habitat Amendment that was published on October 5, 2009. This is necessary because some comments that were submitted via e-mail may not have been delivered properly. This notice reopens the comment period to ensure all interested parties' comments are received and addressed correctly.

NMFS proposes changes to the regulations that address the operations and administration of Regional Fishery Management Councils (Councils). The regulatory changes are needed to clarify which Council documents should be available to the public, clarify Council member nomination procedures, clarify financial disclosure requirements for Council members, and revise the security assurance procedures for nominees to and members of the Councils.

The Department of Commerce (the ``Department'') has determined that countervailable subsidies are being provided to producers and exporters of certain oil country tubular goods from the People's Republic of China (``PRC''). For information on the estimated countervailing duty rates, please see the ``Suspension of Liquidation'' section, below.

On July 29, 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 the People's Republic of China. The review covers one exporter. The period of review is August 1, 2007, through July 31, 2008. We invited interested parties to comment on these preliminary results.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration and has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Monkfish Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue an EFP. This EFP would grant exemptions from the Monkfish Day-at-Sea (DAS) Program, as well as exempt vessels from the monkfish minimum size limits for onboard tagging purposes only.

This final temporary rule implements interim measures to establish a closure of the commercial and recreational fisheries for red snapper in the South Atlantic as requested by the South Atlantic Fishery Management Council (Council). The intended effect is to reduce overfishing of red snapper while long-term management measures are developed in Amendment 17A to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 17A) to end overfishing of red snapper.

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 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 (``the Department'') published its preliminary results of administrative review of the antidumping duty order on certain lined paper products (``CLPP'') from the People's Republic of China (``PRC'') on July 24, 2009. The period of review (``POR'') is September 1, 2007, through August 31, 2008.

Notice is hereby given that Sea World, Inc., 9205 South Park Circle, Suite 400, Orlando, FL 32819, has applied in due form for a permit to import one pilot whale (Globicephala macrorhynchus) for the purposes of public display.

NMFS proposes 2010 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery to set BFT quotas for each of the established domestic fishing categories. This action is necessary to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS solicits written comments and will hold public hearings to receive oral comments on these proposed actions.

We, the National Marine Fisheries Service (NMFS), propose to designate critical habitat for the Cook Inlet beluga whale (Delphinapterus leucas) distinct population segment under the Endangered Species Act (ESA). Two areas are proposed, comprising 7,809 square kilometers (3,016 square miles) of marine habitat. We solicit comments from the public on all aspects of the proposal.