FY 2010 NIST Center for Neutron Research (NCNR) Comprehensive Grants Program
The National Institute of Standards and Technology (NIST) announces that the NIST Center for Neutron Research (NCNR) Comprehensive Grants Program is soliciting applications for financial assistance for Fiscal Year (FY) 2010. The NIST Center for Neutron Research (NCNR) Comprehensive Grants Program is seeking proposals for significant research involving Neutron Research and Spectroscopy specifically aimed at assisting visiting researchers at the NIST Center for Neutron Research, developing new instrumentation for Neutron Research, conducting collaborative research with NIST scientists, and to conduct other outreach and educational activities that advance the use of neutrons by U.S. university and industrial scientists.
Certain Pasta From Italy: Preliminary Results of the 13th (2008) Countervailing Duty Administrative Review
The Department of Commerce (``Department'') is conducting an administrative review of the countervailing duty order on certain pasta from Italy for the period January 1, 2008, through December 31, 2008. We preliminarily find that Pastificio Lucio Garofalo S.p.A. (``Garofalo'') received countervailable subsidies and that F.lli De Cecco di Filippo Fara San Martino S.p.A. (``De Cecco Pastificio'')/ Molino e Pastificio De Cecco S.p.A. (``De Cecco Pescara''), members of the De Cecco group of companies, received de minimis countervailable subsidies. See the ``Preliminary Results of Review'' section, below. Interested parties are invited to comment on these preliminary results. See the ``Public Comment'' section of this notice.
Malcolm Baldrige National Quality Award Panel of Judges and Board of Overseers
Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that there will be a joint meeting of the Panel of Judges and the Board of Overseers of the Malcolm Baldrige National Quality Award on June 16, 2010. The Panel of Judges and the Board of Overseers are each composed of twelve members prominent in the fields of quality, innovation, and performance management and appointed by the Secretary of Commerce, assembled to advise the Secretary of Commerce on the conduct of the Baldrige Award. The purpose of this meeting is to discuss and review information received from the National Institute of Standards and Technology and from the Chair of the Judges Panel of the Malcolm Baldrige National Quality Award. The agenda will include: Baldrige Program (BNQP) Update, Baldrige Fellows Program Discussion, Baldrige Program Changes in 2010 and 2011, and Implementation of the Strategic Plan Actions.
Advisory Committee on Earthquake Hazards Reduction Meeting
The Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee), will hold a meeting on Wednesday, April 28, 2010 from 3 p.m. to 5 p.m. Eastern Daylight Time (EDT). The primary purpose of this meeting is to review the Committee's draft report to the NIST Director. The draft report will be posted on the NEHRP Web site at http:// nehrp.gov/. Interested members of the public will be able to participate in the meeting from remote locations by calling into a central phone number.
Stanford University Habitat Conservation Plan
This notice announces the availability of the Draft Environmental Impact Statement (DEIS) for Authorization for Incidental Take and Implementation of Stanford University Habitat Conservation Plan (Plan), and the Implementing Agreement (IA) for public review and comment. In response to receipt of an application from The Board of Trustees of Leland Stanford Junior University (Stanford; Applicant), the U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration, National Marine Fisheries Service (Services), are considering the proposed action of issuing a 50-year permit for four federally listed species and one currently unlisted species. The proposed permit would authorize the incidental take of individual species listed under the Federal Endangered Species Act of 1973, as amended (ESA). The permit is needed because take of species could occur during the operation and maintenance of the University, academic activities, athletic and recreational activities, leasehold activities, urban development, and resource conservation activities associated with the Plan at Stanford, which is located on 8,180-acres in San Mateo County and Santa Clara County, California.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Closure
NMFS closes the commercial fishery for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the golden tilefish resource.
Environmental Technologies Trade Advisory Committee (ETTAC)
The Environmental Technologies Trade Advisory Committee (ETTAC) will hold its quarterly meeting to discuss environmental technologies trade liberalization, industry competitiveness issues, and general Committee administrative items.
Small Takes of Marine Mammals Incidental to Specified Activities; Antioch Bridge Seismic Retrofit Project, California
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the California Department of Transportation (Caltrans) allowing the take of small numbers of marine mammals, by Level B harassment only, incidental to pile driving associated with the Antioch Bridge Seismic Retrofit Project.
Certain Preserved Mushrooms from India: Notice of Amended Final Results Pursuant to Final Court Decision
On May 8, 2008, the United States Court of International Trade (CIT) sustained the results of redetermination made by the Department of Commerce (the Department) pursuant to the CIT's remand in Agro Dutch Industries Limited v. United States, Slip Op. 07-185 (CIT December 26, 2007) (Agro Dutch II). See Agro Dutch Industries Limited v. United States, Slip Op. 08-50 (CIT May 8, 2008) (Agro Dutch III). Subsequent to the CIT's judgment upholding Commerce's remand redetermination, in October 2008, the CIT exercised its equitable power to order reliquidation of some of Agro Dutch's entries. See Agro Dutch Industries Limited v. United States, Slip Op. 08-110 (CIT October 17, 2008) (Agro Dutch IV). The Government appealed the CIT's decision in Agro Dutch IV to the United States Court of Appeals for the Federal Circuit (CAFC), and on December 15, 2009, the CAFC affirmed the CIT's decision. See Agro Dutch Industries Limited v. United States, Slip Op. 2009-1127 (Fed.Cir. December 15, 2009) (Agro Dutch V). As there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2000-2001 administrative review of certain preserved mushrooms from India.
Notice of Initiation of Administrative Reviews and Requests for Revocation in Part of the Antidumping Duty Orders on Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam and the People's Republic of China
The Department of Commerce (``Department'') has received requests to conduct administrative reviews of the antidumping duty orders on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'') and the People's Republic of China (``PRC''). The Department received timely requests to revoke, in part, the antidumping duty order on shrimp from Vietnam for multiple producers/ exporters.\1\ The anniversary month of this order is February. In accordance with the Department's regulations, we are initiating these administrative reviews.
Marine Mammals; File No. 1100-1849
Notice is hereby given that Shane Moore, Moore & Moore Films, Box 2980, 1203 Melody Creek Lane, Jackson, WY 83001 has been issued an amendment to Permit No. 1100-1849.
Antarctic Marine Living Resources; Use of Centralized-Vessel Monitoring System and Importation of Toothfish; Re-export and Export of Toothfish; Applications for Krill Fishing; Regulatory Framework for Annual Conservation Measures
NMFS (on behalf of the Secretary of Commerce) issues this final rule to facilitate conservation and management of Antarctic Marine Living Resources (AMLR). The regulations: further detail current U.S. requirements to only allow importation and/or re-exportation of frozen toothfish or toothfish product with verifiable documentation that the harvesting vessel participated in the Centralized-Vessel Monitoring System (C-VMS) regardless of where the fish was harvested; revise the NMFS catch-documentation requirements for re-exporting toothfish and add requirements for exporting U.S.-caught toothfish; require applicants for an AMLR harvesting permit for krill to apply to NMFS no later than June 1 preceding the harvesting season for krill; and rescind the existing regulatory framework for annual management measures. The intent of the rule is to further detail requirements for importing and re-exporting toothfish, to facilitate enforcement, to fulfill U.S. obligations in the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), and to simplify the process for informing the public of annual conservation measures.
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2010 Sector Operations Plans and Contracts, and Allocation of Northeast Multispecies Annual Catch Entitlements
This final rule implements 17 sector operations plans and contracts for fishing year (FY) 2010. In order to be considered for approval on a parallel track with Amendment 16 to the Northeast (NE) Multispecies Fishery Management Plan (FMP), representatives from 17 sectors submitted operations plans and sector contracts, and requested an allocation of stocks regulated under the FMP for FY 2010. NMFS received sector operations plans and contracts from the Northeast Fishery Sectors (NFS) II through XIII, the Sustainable Harvest Sector (SHS), the Tri-State Sector (TSS), the Northeast Coastal Communities Sector (NCCS), the Georges Bank Cod Fixed Gear Sector (FGS), and the Port Clyde Community Groundfish Sector (PCCGS).
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 44
This final rule implements measures approved under Framework Adjustment 44 (FW 44) to the Northeast (NE) Multispecies Fishery Management Plan (FMP), including specifications for the FMP for fishing years (FY) 2010-2012. FW 44 is implemented in this rule in conjunction with approved Amendment 16 measures, as well as with approved sector operations plans authorized under the FMP. Specifically, FW 44 modifies the Gulf of Maine (GOM) cod and pollock trip limits implemented in Amendment 16; provides the Administrator, Northeast Region, NMFS (Regional Administrator) authority to implement inseason trip limits and/or differential day-at-sea (DAS) counting for any groundfish stock in order to prevent catch from exceeding the Annual Catch Limit (ACL); and specifies Overfishing Levels (OFLs), Acceptable Biological Catch levels (ABCs), and ACLs for all 20 groundfish stocks in the FMP for FY 2010 through 2012, as well as the Total Allowable Catches (TACs) for transboundary Georges Bank (GB) stocks. Pursuant to current Regional Administrator authority under the FMP, this action also allocates zero trips to the Closed Area II (CA II) Yellowtail Flounder Special Access Program (SAP); limits the Eastern U.S./Canada Haddock SAP to the use of Category A DAS for common pool vessels; delays the opening of the Eastern U.S./Canada Area for trawl vessels; and implements a GB yellowtail flounder trip limit of 2,500 lb (1,125 kg). Finally, this rule makes technical corrections to Amendment 16 regulations.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Amendment 16
This final rule implements measures approved under Amendment 16 to the NE Multispecies Fishery Management Plan (FMP). Amendment 16 was developed by the New England Fishery Management Council (Council) as part of the biennial adjustment process in the FMP to update status determination criteria for all regulated NE multispecies or ocean pout stocks; to adopt rebuilding programs for NE multispecies stocks newly classified as being overfished and subject to overfishing; and to revise management measures, including significant revisions to the sector management measures, necessary to end overfishing, rebuild overfished regulated NE multispecies and ocean pout stocks, and mitigate the adverse economic impacts of increased effort controls. This final rule also implements new requirements under Amendment 16 for establishing acceptable biological catch (ABC), annual catch limits (ACLs), and accountability measures (AMs) for each stock managed under the FMP, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Finally, this action adds Atlantic wolffish to the list of species managed by the FMP. This
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) will hold a three-day Council meeting on April 27-29, 2010 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Coastal Pelagic Species Management Team (CPSMT) will hold a meeting that is open to the public.
Western Pacific Fishery Management Council; Public Meeting
The Western Pacific Fishery Management Council (Council) will hold meetings of its Pelagics Plan Team (PPT) in Honolulu, HI to discuss fishery issues and develop recommendations for future management.
Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean; Southeastern Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR Steering Committee will meet to discuss the SEDAR assessment schedule and the SEDAR process. See SUPPLEMENTARY INFORMATION.
Western Pacific Fishery Management Council; Public Meeting; Corrections
NMFS published a document in the Federal Register on March 17, 2010 notifying the public that the Western Pacific Fishery Management
Availability of Seats for the Stellwagen Bank National Marine Sanctuary Advisory Council
The ONMS is seeking applicants for the following seats on the Stellwagen Bank National Marine Sanctuary Advisory Council: Member and Alternate two-year terms for (1) Research; (1) Conservation; (1) Whale Watching; (1) Fixed Gear Commercial Fishing; (1) Diving; (1) At-Large; (1) Education (Alternate only); and (1) Business and Industry (Member only). Additionally seeking applications for three-year terms for (1) Conservation (Member only) and (1) Mobile Gear Commercial Fishing (Alternate only) 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.
Availability of Seats for the Gray's Reef National Marine Sanctuary Advisory Council
The ONMS is seeking applications for the following vacant seats on the Gray's Reef National Marine Sanctuary Advisory Council: Georgia conservation and living resources research. 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.
Stainless Steel Sheet and Strip in Coils from Mexico; Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review
As the Department of Commerce (the Department) requires additional information from the respondent, ThyssenKrupp Mexinox S.A. de C.V. and Mexinox USA, Inc. (collectively, Mexinox) in order to complete our analysis, the Department finds that it is not practicable to complete the preliminary results of this review within the original time frame. Accordingly, the Department is extending the time limit for completion of the preliminary results of this administrative review until no later than August 2, 2010.\1\
Certain Frozen Warmwater Shrimp from Brazil, India, and Thailand: Notice of Initiation of Antidumping Duty Administrative Reviews
The Department of Commerce (Department) received timely requests to conduct administrative reviews of the antidumping duty orders on certain frozen warmwater shrimp (shrimp) from Brazil, India and Thailand. The anniversary month of these orders is February. In accordance with 19 CFR 351.221, we are initiating these administrative reviews.
Fisheries of the Northeastern United States; Black Sea Bass Recreational Fishery; Emergency Rule Correction and Extension
NMFS is taking two actions through this rule: Correcting regulations in the October 5, 2009, emergency rule that closed the recreational black sea bass fishery in the Federal waters of the Exclusive Economic Zone (EEZ) from 3 to 200 nautical miles offshore, north of Cape Hatteras, NC; and extending of that initial closure. This action is necessary to both correct the implementing regulations of the initial closure that were inadvertently implemented with no end date, and to extend the prohibition on recreational fishing for black sea bass in the EEZ beyond the expiration of the initial closure period. The intent of the correction is to correct the regulatory language of the initial closure, thereby establishing an end date for the initial closure period, consistent with the intent of the initial rule. The intent of the emergency closure extension is to ensure that recreational mortality does not occur between the end date of the closure as specified in the correcting action of this rule, and the start of the 2010 black sea bass recreational fishery season recommendations of both the Mid-Atlantic Fishery Management Council (Council) and Atlantic States Marine Fisheries Commission (Commission).
Identification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, or Unregulated Fishing and/or Bycatch of Protected Living Marine Resources
NMFS is reopening the request for information in order to provide additional opportunities for interested parties to provide information regarding nations whose vessels are engaged in illegal, unregulated, or unreported (IUU) fishing or bycatch of protected living marine resources (PLMRs). Such information will be reviewed for the purposes of the identification of nations pursuant to the High Seas Driftnet Fishing Moratorium Protection Act (Moratorium Protection Act). On March 5, 2010, NMFS published a request for information, with submissions requested by April 5, 2010. NMFS is now reopening the request for information until April 23, 2010.
Endangered and Threatened Species; Initiation of 5-Year Review for Southern Resident Killer Whales
NMFS announces a 5-year review of Southern Resident killer whales (Orcinus orca) under the Endangered Species Act of 1973, as amended (ESA). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5- year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on Southern Resident killer whales that has become available since their original listing as endangered in November 2005. Based on the results of this 5-year review, we will make the requisite finding under the ESA.
Small Takes of Marine Mammals Incidental to Specified Activities; Russian River Estuary Water Level Management Activities, California
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Sonoma County Water Agency (herein after ``Agency'') to take small numbers of marine mammals, by Level B harassment, incidental to Russian River Estuary (Estuary) water level management and monitoring activities at the mouth of the Russian River, Jenner, CA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod for American Fisheries Act Catcher Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by American Fisheries Act (AFA) trawl catcher processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season allowance of the 2010 Pacific cod total allowable catch (TAC) specified for AFA trawl catcher processors in the BSAI.
Certain Preserved Mushrooms from the People's Republic of China: Amended Final Results Pursuant to Final Court Decision
On January 5, 2010, 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 in Gerber Food (Yunnan) Co., Ltd. and Green Fresh (Zhangzhou) Co., Ltd. v. United States, Court No. 04-00454 (May 5, 2009) (Gerber v. United States Remand Order). This matter arose from a challenge to the Department's final results of administrative review of the antidumping duty order on certain preserved mushrooms from the PRC for the period February 1, 2002, through January 31, 2003. In the remand redetermination, the Department: (1) recalculated the assessment rate for Gerber Food (Yunnan) Co., Ltd. using a rate other than the PRC-wide rate as partial adverse facts available (AFA) with respect to only those sales of subject merchandise made by Gerber during the period of review (POR) which Gerber exported to the United States using the invoices of Green Fresh (Zhangzhou) Co., Ltd. (Green Fresh); and (2) recalculated the assessment rate for Green Fresh based on the data it reported, exclusive of the aforementioned transactions, without resorting to facts available or adverse inferences. As there is now a final and conclusive court decision in this case, the Department is amending the final results of the 2002-2003 administrative review of certain preserved mushrooms from the People's Republic of China (PRC).
Patents Ombudsman Pilot Program
The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register seeking public comments on a proposed procedure for a Patents Ombudsman Pilot Program. The majority of the written comments from the patent community were positive and supported the implementation of such a program. After considering the written comments, the USPTO has decided to implement the Patents Ombudsman Pilot Program as set forth in this notice for a period of one year. The Patents Ombudsman Pilot Program is intended to provide patent applicants, attorneys and agents with assistance with application- processing issues regarding concerns with advancement of prosecution (e.g., stalled applications). The Patents Ombudsman Pilot Program is not intended to circumvent normal communication between pro se applicants or applicants' representatives and examiners or Supervisory Patent Examiners, and it is not intended to supersede the authority of the examiners or Supervisory Patent Examiners. After the one-year period, the USPTO may extend the pilot program with appropriate modifications based on the feedback from the participants, the effectiveness of the pilot program and the availability of resources.
Gray's Reef National Marine Sanctuary Regulations on the Use of Spearfishing Gear; Correction
The National Oceanic and Atmospheric Administration (NOAA) published a document in the Federal Register on February 19, 2010 (75 FR 7361) on the use and possession of spearfishing gear in Gray's Reef National Marine Sanctuary. That document was inadvertently missing a word in Sec. 922.92(a)(11)(iii). This document corrects the final regulations by revising that section.