Department of Commerce March 2010 – Federal Register Recent Federal Regulation Documents
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Certain Preserved Mushrooms From the People's Republic of China: Notice of Initiation of Antidumping Duty New Shipper Reviews
The Department of Commerce (the Department) has received requests for new shipper reviews of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC). See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms From the People's Republic of China, 64 FR 8308 (February 19, 1999). In accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.214(d), we are initiating antidumping duty new shipper reviews of Zhangzhou Tongfa Foods Industry Co., Ltd. (Tongfa) and Shandong Fengyu Edible Fungus Corporation Ltd. (Fengyu). The period of investigation (POI) of these new shipper reviews is February 1, 2009 through January 31, 2010.
Fisheries Finance Program; Final Program Notice and Announcement of Availability of Federal Financial Assistance
NMFS announces the availability of long-term direct loans made underthe Fisheries Finance Program (FFP). The FFP provides financing for the purchase of used vessels or the reconstruction of vessels (limited to reconstructions that do not add to fishing capacity); refinancing for existing debt obligations; financing or refinancing fisheries shoreside facilities or aquacultural facilities; and the purchase or refinancing of Individual Fishing Quota (IFQ) in the North Pacific. FFP loans are not issued for purposes which could contribute to over capitalization of the fishing industry.
Marine Mammals; File No. 15206
Notice is hereby given that Sea World LLC, 9205 South Park Center Loop, Suite 400, Orlando, FL 32819, has applied in due form for a permit to import one beluga whale (Delphinapterus leucas) for the purposes of public display.
Marine Mammals; File No. 15430
Notice is hereby given that the Louisville Zoological Garden, 1100 Trevilian Way, P.O. Box 37250, Louisville, KY 40233, has applied in due form for a permit to import one South African fur seal (Arctocephalis pusillus) for the purposes of public display.
Reestablishment of the Census Advisory Committee of Professional Associations
Notice is hereby given that the Secretary of Commerce has determined that the reestablishment of an advisory committee of technical advisors is necessary and in the public interest. Accordingly, the Bureau of the Census (Census Bureau) has chartered the Census Scientific Advisory Committee (CSAC), which succeeds the Census Advisory Committee of Professional Associations (CACPA). The charter for the CACPA expired on February 1, 2010.
Census Scientific Advisory Committee
The Bureau of the Census (U.S. Census Bureau) is giving notice of a meeting of the Census Scientific Advisory Committee (C-SAC). The
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska
NMFS is opening directed fishing for pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to fully use the 2010 total allowable catch (TAC) of pollock in the West Yakutat District of the GOA.
Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China: Notice of Amended Final Determination Pursuant to Final Court Decision
On December 11, 2009, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department) remand determination in Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 73 FR 70961 (Nov. 24, 2008) (Line Pipe from the PRC), amended by Circular Welded Carbon Quality Steel Line Pipe from the People's Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order, 74 FR 4136 (Jan. 23, 2009) (Amended Line Pipe from the PRC). Because all litigation in this matter has concluded, the Department is issuing the amended final determination in Line Pipe from the PRC in accordance with the CIT's decision.
Civil Nuclear Trade Advisory Committee Public Meeting
This notice sets forth the schedule and proposed agenda of the next meeting of the Civil Nuclear Trade Advisory Committee (CINTAC). The members will discuss issues outlined in the following agenda.
Availability of Conservation Seat for the Flower Garden Banks National Marine Sanctuary Advisory Council
The ONMS is seeking applications for the following vacant seat on the Flower Garden Banks National Marine Sanctuary Advisory Council: Conservation. 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 three-year terms, pursuant to the council's Charter.
Availability of Seats for the Monterey Bay National Marine Sanctuary Advisory Council
The ONMS is seeking applications for the following vacant seats on the Monterey Bay National Marine Sanctuary Advisory Council: Conservation alternate and Education primary. 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 for the Education primary should expect to serve until February 2011 and applicants who are chosen for the Conservation alternate should expect to serve until February 2013.
Availability of Seats for the Fagatele Bay National Marine Sanctuary Advisory Council
The ONMS is seeking applications for the following vacant seats on the Fagatele Bay National Marine Sanctuary Advisory Council: Research, Education, Commercial Fishing, Ocean Recreation, Youth, Tutuila: East Side, Tutila: West Side, and Manua Islands. 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.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with February anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department received a request to revoke one antidumping duty order in part.
Certain Purified Carboxymethylcellulose from the Netherlands: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review
The Department of Commerce (the Department) is extending the time limit for the preliminary results of the administrative review of the antidumping duty order on purified carboxymethylcellulose (CMC) from the Netherlands. The period of review is July 1, 2008, through June 30, 2009. This extension is made pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit
The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject 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 EFP would grant exemptions from minimum fish sizes, and possession and landing limits.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures
NMFS issues this proposed rule that would implement a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This proposed rule would increase the commercial and recreational quotas for red snapper and provide an estimated closure date for the 2010 recreational red snapper component of the Gulf of Mexico (Gulf) reef fish fishery. The intended effect of the proposed rule is to help achieve optimum yield (OY) by relaxing red snapper harvest limitations consistent with the findings of the recent stock assessment for this species.
Marine Mammals; Issuance of Permits
Notice is hereby given that individuals and institutions have been issued Letters of Confirmation for activities conducted under the General Authorization for Scientific Research on marine mammals. See
Professional Research Experience Program in Chemical Science and Technology Laboratory; Availability of Funds
The National Institute of Standards and Technology (NIST) Chemical Science and Technology Laboratory (CSTL) announces that the Professional Research Experience Program (PREP-CSTL) is soliciting applications for financial assistance from accredited colleges and universities to enable those institutions to provide laboratory experiences and financial assistance to undergraduate and graduate students and post-doctoral associates in the Chemical Science and Technology Laboratory (CSTL) at the NIST, Gaithersburg Laboratories in Gaithersburg, Maryland or the NIST, Hollings Marine Laboratory in Charleston, South Carolina.
Streamlined Procedure for Appeal Brief Review
The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs to increase the efficiency of the appeal process and reduce pendency of appeals. The Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively, ``Chief Judge''), will have the sole responsibility for determining whether appeal briefs filed in patent applications comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The Patent Appeal Center and the examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in appeal pendency as measured from the filing of a notice of appeal to docketing of the appeal by eliminating duplicate reviews by the examiner, Patent Appeal Center, and the BPAI. We are expecting further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal brief and non-substantive returns from the BPAI that require appellants to file corrected appeal briefs.
NOAA'S Office of Ocean Exploration and Research (OER) Strategic Plan FY 2011-FY 2015
NOAA'S Office of Ocean Exploration and Research (OER) is seeking comments on the draft OER STRATEGIC PLAN Fiscal Year (FY) 2011- 2015, submitted to meet the requirement for program direction under Public Law 111-11, Section 12104(b). The draft OER STRATEGIC PLAN describes the vision, mission, core activities, and organization of the Office of Ocean Exploration and Research.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Modification of the Yellowtail Flounder Landing Limit for the U.S./Canada Management Area
This action increases the Georges Bank (GB) yellowtail flounder trip limit to 5,000 lb (2,268 kg) for NE multispecies days-at- sea (DAS) vessels fishing in the U.S./Canada Management Area. This action is authorized by the regulations implementing Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) and is intended to increase the likelihood of harvesting the total allowable catch (TAC) for GB yellowtail flounder without exceeding it during the 2009 fishing year. This action is being taken to allow vessels to fully harvest the TACs for transboundary stocks of GB cod, haddock, and yellowtail flounder under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 m) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.
Notice of the Establishment of a National Advisory Council on Minority Business Enterprise and the Solicitation of Nominations for Membership
In accordance with the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C. App. 2, and with the concurrence of the General Services Administration, the Department of Commerce is announcing the establishment of the National Advisory Council on Minority Business Enterprise (NACMBE). Pursuant to this notice, the Department of Commerce is also soliciting nominations for membership on the NACMBE for the upcoming 2-year charter term beginning in April 2010. The purpose of the NACMBE is to advise the Secretary of Commerce (Secretary) on key issues pertaining to the growth and competitiveness of the nation's Minority Business Enterprises (MBEs).
Public Advisory Committees
On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ``Act''), Public Law 106-113, which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). The USPTO is requesting nominations for three (3) members to each Public Advisory Committee for terms of three years that begin from date of appointment.
Laminated Woven Sacks from the People's Republic of China: Rescission of Countervailing Duty Administrative Review
The Department of Commerce (the Department) is rescinding the administrative review of the countervailing duty order on laminated woven sacks (LWS) from the People's Republic of China (PRC) for the period December 3, 2007 to December 31, 2008, with respect to Zibo Aifudi Plastic Packaging Co., Ltd. (Zibo Aifudi). Since Zibo Aifudi was the only remaining producer/exporter subject to review, this notice also serves to rescind the entire administrative review. This rescission is based on Zibo Aifudi's withdrawal of its request for review.
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Reviews
The Department of Commerce (``Department'') has determined that two requests for a new shipper review (``NSR'') of the antidumping duty order on certain frozen fish fillets (``fish fillets'') from the Socialist Republic of Vietnam (``Vietnam''), received on February 19, 2010, and February 24, 2010, meet the statutory and regulatory requirements for initiation. The period of review (``POR'') for the two NSRs is August 1, 2009, through February 15, 2010.
Silicon Metal From the People's Republic of China: Notice of Amended Final Results of New Shipper Reviews Pursuant to Court Decision
On May 5, 2009, the Court of International Trade (``CIT'') affirmed the Department's remand determination issued pursuant to the Court's remand order in Globe Metallurgical, Inc. v. United States, Court No. 07-00386, Slip Op. 08-105 (CIT October 1, 2008) (``Remand Order''), which concerned the Department of Commerce's (``the Department'') determination of the appropriate surrogate value for silica fume in Silicon Metal From the People's Republic of China: Notice of Final Results of 2005/2006 New Shipper Reviews, 72 FR 58,641 (October 16, 2007) (``Final Results'') and accompanying Issues and Decision Memorandum. See Globe Metallurgical, Inc. v. United States, Court No. 07-00386, Slip Op. 09-137 (CIT May 5, 2009) (``May 5th Order''). On February 23, 2010, the Court of Appeals for the Federal Circuit (``CAFC'') dismissed the appeal of Globe Metallurgical, Inc. v. United States, Court No. 2009-1436 (``Dismissal Order''). As explained below, in accordance with the CIT's May 5th Order and the CAFC's Dismissal Order, the Department is amending the Final Results of the new shipper reviews to apply the recalculated surrogate value for the by-product silica fume in the Department's normal value calculation.
Certain Crepe Paper Products From the People's Republic of China: Final Results of Expedited Sunset Review of Antidumping Duty Order
On December 1, 2009, the Department of Commerce (``Department'') initiated a sunset review of the antidumping duty order on certain crepe paper products from the People's Republic of China (``PRC''). On the basis of a timely notice of intent to participate, and an adequate substantive response filed on behalf of the domestic interested party, as well as a lack of response from respondent interested parties, the Department conducted an expedited sunset review. As a result of the sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Review section of this notice.
Polyethylene Retail Carrier Bags from Taiwan: Final Determination of Sales at Less Than Fair Value
The Department of Commerce (the Department) has determined that imports of polyethylene retail carrier bags (PRCBs) from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LFTV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The estimated margins of sales at LTFV are listed in the ``Continuation of Suspension of Liquidation'' section of this notice.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Ecosystem-Based Amendment for the South Atlantic Region
NMFS issues this proposed rule to implement the Comprehensive Ecosystem-Based Amendment 1 (CE-BA1) to the following South Atlantic fishery management plans (FMPs): The FMP for Coral, Coral reefs, and Live/Hard Bottom Habitats of the South Atlantic Region (Coral FMP); the FMP for the Dolphin and Wahoo Fishery off the Atlantic States (Dolphin and Wahoo FMP); the FMP for Golden Crab of the South Atlantic Region (Golden Crab FMP); the FMP for the Shrimp Fishery of the South Atlantic Region (Shrimp FMP); and the FMP for the Snapper-Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council); as well as the FMP for Coastal Migratory Pelagic (CMP) Resources (CMP FMP); and the FMP for the Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic (Spiny Lobster FMP), as prepared and submitted by the South Atlantic and Gulf of Mexico Fishery Management Councils. This proposed rule would establish Deepwater Coral Habitat Areas of Particular Concern (Deepwater Coral HAPCs) off the coast of the southern Atlantic States in which the use of specified fishing gear and methods and the possession of coral would be prohibited. Within the Deepwater Coral HAPCs, fishing zones would be created that would allow continued fishing on the historical grounds for golden crab and deepwater shrimp. In addition, CE-BA1 would update existing Essential Fish Habitat (EFH) information in the area off the southern Atlantic States, thus,
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the Amendment 80 limited access fishery. This action is necessary to prevent exceeding the 2010 A season allocation of Atka mackerel in this area allocated to vessels participating in the Amendment 80 limited access fishery.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska
NMFS is prohibiting directed fishing for pollock in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 total allowable catch (TAC) of pollock in the West Yakutat District of the GOA.
NIST Summer Institute for Middle School Science Teachers; Availability of Funds
The National Institute of Standards and Technology (NIST) announces the availability of Federal assistance for educational institutions to provide limited support for middle school science teachers to attend the NIST Summer Institute for Middle School Science Teachers. Teachers from qualified applicants should be involved in teaching areas of science, technology, engineering and mathematics (STEM) at the middle school level (grades 6-8), including, but not limited to, earth science, physical science, chemistry, physics, and/or biology. This program responds to a need for these targeted teachers to receive instruction and activities that will encourage them to inspire students to pursue careers in STEM fields.
Voting Equipment Evaluations Phase III
NIST is soliciting interest in Phase III of the benchmark research for voting equipment used in an election in 2008 or later and/ or certified (or submitted for certification) by the Election Assistance Commission. Manufacturers interested in participating in Phase III of this research will be asked to execute a Letter of Understanding. Interested parties are invited to contact NIST for information regarding participation, Letters of Understanding and shipping.
Commerce Acquisition Regulation (CAR); Correction
We, the Department of Commerce, issue a final rule to bring the Commerce Acquisition Regulation in alignment with the Federal Acquisition Regulation (FAR) and to streamline DOC's internal policy and guidance.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold meetings of its Hawaii and American Samoa Advisory Panels (AP), Hawaii and American Samoa Plan Teams (PT), and Hawaii and American Samoa Regional Ecosystem Advisory Committees (REAC).
Export Trade Certificate of Review
The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to the Association for the Administration of Rice Quotas, Inc. (``AARQ'') on March 11, 2010. The Certificate has been amended ten times. The previous amendment was issued to AARQ on March 31, 2009, and published in the Federal Register on April 10, 2009 (74 FR 16363). The original Certificate for AARQ was issued on January 21, 1998, and published in the Federal Register on January 28, 1998 (63 FR 4220).
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