Department of Commerce February 2010 – Federal Register Recent Federal Regulation Documents

The Export Trading Company Affairs (``ETCA'') unit, Office of Competition and Economic Analysis, International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (``Certificate''). This notice summarizes the conduct for which certification is sought and requests comments relevant to whether the Certificate should be issued.

The Department of Commerce (``Department'') published its preliminary results of changed circumstances review for saccharin from the People's Republic of China in (``PRC'') on December 1, 2009.\1\ We invited interested parties to comment on our preliminary results. No parties commented on our preliminary results. Therefore, the preliminary results are hereby adopted as the final results.

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) by revising the controls on certain select agents identified in Export Control Classification Number (ECCN) 1C360 on the Commerce Control List (CCL) to reflect changes that the Animal Plant and Health Inspection Service (APHIS), U.S. Department of Agriculture, recently made to the Plant Protection and Quarantine Programs (PPQ) list of select agents and toxins. The changes made by APHIS were part of a biennial review and republication of the select agents and toxins lists separately maintained by APHIS and the Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS). Both agencies maintain controls on the ``possession, use, and transfer within the United States'' of certain select agents and toxins, including human and zoonotic pathogens, animal pathogens, and plant pathogens. BIS maintains controls on ``exports'' of the select agents and toxins regulated by CDC and APHIS. CDC and APHIS simultaneously published the revisions to their lists of select agents and toxins on October 16, 2008. These changes became effective on November 17, 2008. BIS determined that the only changes that required amendments to the EAR were the changes to the PPQ list of select agents and toxins maintained by APHIS.

Notice is hereby given that Ocean Alliance, Inc. (Responsible Party: Iain Kerr), 191 Weston Road, Lincoln, MA 01773, has been issued a permit to conduct research on and import specimens of marine mammals.

This rule amends the Export Administration Regulations (EAR) by adding ten additional persons located in Hong Kong and Taiwan to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. These persons that are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States.

The National Marine Fisheries Service publishes this notice to solicit proposals for the Species Recovery Grants to Tribes Program. The principal objective of the Program is to support recovery efforts that directly benefit threatened or endangered species, recently de- listed species, or candidate species. Recovery efforts may involve management, research, monitoring, and outreach activities or any combination thereof. For FY 2010, NOAA anticipates that approximately $1 million will be available for distribution under this program. Only federally recognized tribes are eligible to apply under this solicitation.

Notice is hereby given that NMFS Pacific Islands Region, 1601 Kapiolani Boulevard, Honolulu, HI 96814 has been issued a permit to take green (Chelonia mydas), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), olive ridley (Lepidochelys olivacea), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

NMFS proposes 2010 specifications for the Atlantic deep-sea red crab fishery, including a target total allowable catch (TAC) and a fleet-wide days-at-sea (DAS) allocation. The implementing regulations for the Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP) require NMFS to publish specifications for up to a period of 3 years and to provide an opportunity for public comment. The intent of this rulemaking is to specify the target TAC and other management measures in order to manage the red crab resource for fishing year (FY) 2010.

The Western Pacific Fishery Management Council (Council) will hold meetings of its American Samoa and Hawaii Archipelagic Fishery Ecosystem Plan (FEP) Plan Teams to discuss potential management measures for non-commercial fishing in the Rose Atoll Marine National Monument and Pacific Remote Islands Marine National Monument, respectively.

The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings.

The Western Pacific Fishery Management Council (Council) will hold a half day meeting of its Pelagics Plan Team (PPT) in Honolulu, HI to discuss fishery issues and develop recommendations for future management.

NMFS is prohibiting directed fishing for vessels in the Bering Sea and Aleutian Islands (BSAI) trawl limited access fisheries, except American Fisheries Act (AFA) vessels using pelagic trawl gear for walleye pollock, in the C. opilio bycatch limitation zone (COBLZ) of the BSAI management area. This action is necessary to prevent exceeding the 2010 COBLZ bycatch allowance of C. opilio specified for the BSAI trawl limited access fishery in the BSAI management area.

The National Oceanic and Atmospheric Administration (NOAA) is issuing a final rule to prohibit the use of spearfishing gear in Gray's Reef National Marine Sanctuary (GRNMS or sanctuary). Possession of spearfishing gear is also prohibited except for vessels passing through the sanctuary without interruption, and only when the gear is stowed and not available for immediate use. Spearfishing can selectively target larger fish, and can significantly reduce abundance and alter the relative size structure of target species toward smaller fish. In addition, spearfishing can impact ecosystem health by altering the composition of the overall natural communities of species. The largest fish are important as predators in maintaining a balanced and complete ecosystem; their selective removal may cause ecological imbalance. Therefore, the prohibition provides protection to the fishes and natural live-bottom community for which the sanctuary was designated. The final rule also facilitates enforcement of an existing prohibition against the use of powerheads within the sanctuary. An environmental assessment has been prepared for this proposed action.

This notice announces a public meeting of the Commerce Spectrum Management Advisory Committee (Committee). The Committee provides advice to the Assistant Secretary for Communications and Information on spectrum policy matters.

The Department of Commerce (the Department) preliminarily determines that narrow woven ribbons with woven selvedge (narrow woven ribbons) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The estimated dumping margins are listed in the ``Suspension of Liquidation'' section of this notice. Interested parties are invited to comment on this preliminary determination.

The Department of Commerce (``Department'') is currently conducting an antidumping duty investigation of drill pipe from the People's Republic of China (``PRC''). The period of investigation (``POI'') is April 1, 2009, through September 30, 2009. We are limiting the number of quantity and value questionnaires that will be sent directly to exporters and producers and extending the deadline for parties to submit a response to the quantity and value questionnaire.

The South Atlantic Fishery Management Council (Council) will hold meetings of its Information and Education Advisory Panel, a Catch Shares Workshop, Catch Shares Committee, Mackerel Committee, Southeast Data Assessment and Review (SEDAR) Committee, Ecosystem-Based Management Committee, joint Shrimp Committee and Shrimp and Deepwater Shrimp Advisory Panels, joint Executive and Finance Committees, Advisory Panel Selection Committee (Closed Session), Scientific and Statistical Committee (SSC) Selection Committee (Closed Session), Information and Education Committee, joint Law Enforcement Committee and Advisory Panel, Snapper Grouper Committee, and a meeting of the full Council. The Council will also hold an informal public question and answer session, and a public comment session regarding agenda items. See SUPPLEMENTARY INFORMATION for additional details.

NMFS is prohibiting directed fishing for Pacific cod by non- American Fisheries Act (AFA) crab vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2010 Pacific cod sideboard limits apportioned to non-AFA crab vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the GOA.

This action corrects the effective date of final regulations published in the Federal Register on January 21, 2010, from February 22, 2010, to April 21, 2010. The rule revises identification requirements for U.S. vessels that fish for pelagic management unit species in the western and central Pacific Ocean. Each vessel is required to display its International Telecommunication Union Radio Call Sign (IRCS) or, if an IRCS has not been assigned, its official number preceded by the characters ``USA-''. The rule makes Federal vessel identification requirements consistent with international requirements.

On August 7, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip (S4) in coils from Mexico. See Stainless Steel Sheet and Strip in Coils From Mexico; Preliminary Results of Antidumping Duty Administrative Review and Intent Not To Revoke Order in Part, 74 FR 39622 (August 7, 2009) (Preliminary Results). This review covers sales of subject merchandise made by ThyssenKrupp Mexinox S.A. de C.V. (Mexinox) for the period July 1, 2007, to June 30, 2008. Based on our analysis of the comments received, we have made changes to the margin calculation; therefore, the final results differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of Review.''

On August 7, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils (SSSSC) from Japan. This review covers two producers/exporters of the subject merchandise to the United States. The period of review (POR) is July 1, 2007, through June 30, 2008.

Through this emergency rule NMFS is implementing increases to the 2010 black sea bass specifications (i.e., commercial fishing quota, recreational harvest limit (RHL), and research set-aside (RSA)). This action is necessary to mitigate potential foregone economic yield associated with the current lower specifications and to ensure the specifications are consistent with the best available scientific information. This action is also necessary to increase specifications consistent with the recently revised catch level recommendation from the Mid-Atlantic Fishery Management Council (Council) and its scientific advisors, the Scientific and Statistical Committee (SSC).

We (NMFS) announce a 90-day finding on a petition to list 83 species of corals as threatened or endangered under the ESA. We find that the petition presents substantial scientific or commercial information indicating that the petitioned actions may be warranted for 82 species; we find that the petition fails to present substantial scientific or commercial information indicating that the petitioned action may be warranted for Oculina varicosa. Therefore, we initiate status reviews of 82 species of corals to determine if listing under the ESA is warranted. To ensure these status reviews are comprehensive, we solicit scientific and commercial information regarding these coral species.