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

Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part
Document Number: 2010-15955
Type: Notice
Date: 2010-06-30
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received requests to revoke one antidumping duty order and one countervailing duty order in part.
Request for Public Comment To Inform Development of National Export Initiative Plan
Document Number: 2010-15934
Type: Notice
Date: 2010-06-30
Agency: Department of Commerce
President Obama launched the National Export Initiative (NEI) via Executive Order 13534 in order to achieve the goal of doubling U.S. exports of goods and services over five years to facilitate the creation of jobs in the United States. As part of the broad Federal government effort to support the NEI, the Administration, through the interagency Trade Promotion Coordinating Committee (TPCC), is seeking information from exporters, other private businesses, trade associations, academia, labor organizations, non-governmental organizations, and other interested parties.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Adjustment to the Loligo Trimester 2 and 3 Quota
Document Number: 2010-15933
Type: Rule
Date: 2010-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS adjusts the 2010 Fishing Year (FY) Trimester 2 and 3 Loligo squid quotas. This action complies with the 2010 Specifications and Management Measures for the Atlantic Mackerel, Squid, and Butterfish Fisheries Management Plan, which modified accounting procedures for underages of Trimester 1 quota in the Loligo fishery.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Amendments 20 and 21; Trawl Rationalization Program; Correction
Document Number: 2010-15932
Type: Proposed Rule
Date: 2010-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is correcting dates referenced in the preamble to the proposed rule for Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan (FMP), which published in the Federal Register on June 10, 2010. The dates being corrected refer to the decision date for the FMP amendments and the end date for the public comment period on the two amendments. Amendment 20 would establish a trawl rationalization program for the Pacific Coast groundfish fishery. Amendment 21 would establish fixed allocations for limited entry (LE) trawl participants.
Addition of New Export Control Classification Number 6A981 Passive Infrasound Sensors to the Commerce Control List of the Export Administration Regulations, and Related Amendments
Document Number: 2010-15928
Type: Proposed Rule
Date: 2010-06-30
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security proposes to amend the Export Administration Regulations (EAR) by adding Export Control Classification Number (ECCN) 6A981 to the Commerce Control List (CCL) to control passive infrasound sensors because of their military and commercial utility. Items under this new ECCN will be controlled for Regional Stability (RS) and Anti-Terrorism (AT) reasons. In addition, BIS proposes to control technology and software for the development, production, or use of these items for RS and AT reasons under revised ECCNs 6D991 and 6E991, respectively.
Frozen Warmwater Shrimp From Vietnam: Initiation and Preliminary Results of Changed-Circumstances Review
Document Number: 2010-15925
Type: Notice
Date: 2010-06-30
Agency: Department of Commerce, International Trade Administration
In response to a petition for a changed-circumstances review of Phuong Nam Co., Ltd., and Phuong Nam Foodstuff Corp., the Department of Commerce (the ``Department'') is initiating a changed-circumstances review of the antidumping duty order on frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam''). We have preliminarily concluded that Phuong Nam Foodstuff Corp. is the successor-in-interest to Phuong Nam Co., Ltd., and, as a result, should be accorded the same treatment previously accorded to Phuong Nam Co., Ltd., with regard to the antidumping duty order on frozen warmwater shrimp from Vietnam. Interested parties are invited to comment on these preliminary results.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Surfclam and Ocean Quahog Fishery
Document Number: 2010-15770
Type: Proposed Rule
Date: 2010-06-30
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes to open a portion of the Georges Bank (GB) Closed Area to the harvest of Atlantic surfclams and ocean quahogs, which has been closed since 1990 due to the presence of toxins known to cause paralytic shellfish poisoning (PSP). The U.S. Food and Drug Administration (FDA) has indicated that recent testing of clams collected from this portion of the GB Closed Area, known as Cultivator Shoal, has demonstrated that PSP toxin levels are well below the regulatory limit established for public health safety. As a result, the FDA has determined that harvesting of surfclams and ocean quahogs for human consumption, within this portion of the GB Closed Area, is safe.
Notice of Antidumping Duty Order: Prestressed Concrete Steel Wire Strand from the People's Republic of China
Document Number: 2010-15912
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, International Trade Administration
Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on prestressed concrete steel wire strand (``PC strand'') from the People's Republic of China (``PRC''). On June 22, 2010, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Prestressed Concrete Steel Wire Strand from China (Investigation Nos. 701-TA-464 and 731-TA-1160 (Final), USITC Publication 4162, June 2010).
Caribbean Fishery Management Council; Public Hearings
Document Number: 2010-15778
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Caribbean Fishery Management Council will hold public hearings to obtain input from fishers, the general public, and the local agencies representatives on the Public Hearing Draft Document for Amendment 2 to the Fishery Management Plan for the Queen Conch Fishery of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to the Reef Fish Fishery Management Plan of Puerto Rico and the U.S. Virgin Islands (with Draft Environmental Impact Statement).
Endangered and Threatened Species; Initiation of a 5-Year Review of the Eastern Distinct Population Segment of the Steller Sea Lion
Document Number: 2010-15774
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces a 5-year review of the eastern Distinct Population Segment (DPS) of the Steller Sea Lion (Eumetopias jubatus) 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 and it 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 the eastern DPS of the Steller Sea Lion that has become available since their last status review in 1995. Based on the results of this 5-year review, we will make the requisite finding under the ESA.
Trademark Trial and Appeal Board (TTAB) Actions
Document Number: 2010-15772
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, Patent and Trademark Office
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 the revision of a currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Marine Mammals; File Nos. 14628 and 15471
Document Number: 2010-15771
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that the following two entities have applied in due form for permits to import marine mammal parts for scientific research purposes:National Museum of Natural History, Smithsonian Institution (Charles W. Potter, Responsible Party), PO Box 37012, Washington, DC 20013 (File No. 14628) andMichael Adkesson, D.V.M., Chicago Zoological Society, 3300 Golf Rd., Brookfield, Illinois 60527 (File No. 15471).
Marine Mammals; File No. 14535
Document Number: 2010-15769
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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 applied in due form for an amendment to scientific research Permit No. 14535.
Notice of Public Review and Comment Period on NOAA's Next Generation Strategic Plan (NGSP)
Document Number: 2010-15768
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NOAA's Next Generation Strategic Plan (Plan) sets the course for the agency's mission, a vision of the future, the societal outcomes that NOAA aims to help realize, and, consequently, the actions that the agency must take. The draft Plan lays the foundation for NOAA to play a leading Federal role in responding to the Nation's most urgent challenges, ranging from climate change, severe weather, and natural or human-induced disasters to declining biodiversity and threatened or degraded ocean and coastal resources. NOAA's draft strategy emerged from extensive consultations across the Nation with staff and stakeholdersthe extended community of partners and collaborators in the public, private, and academic sectors who have a stake in NOAA's mission. During more than 20 regional stakeholder forums, a national forum in Washington, DC, and through web-based engagement and idea generation, NOAA gathered input that helped assess the greatest challenges facing our Nation and the highest priority goals for NOAA. NOAA invites comments on the Plan on its: mission statement; vision of the future; long-term strategic goals and five-year objectives; enterprise components and five-year objectives; and strategic partnerships.
Fisheries of the Exclusive Economic Zone Off Alaska; Fisheries of the Bering Sea Subarea
Document Number: 2010-15767
Type: Proposed Rule
Date: 2010-06-29
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The North Pacific Fishery Management Council has submitted Amendment 94 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). Amendment 94, if approved, would require the use of modified nonpelagic trawl gear to directed fish for flatfish in the Bering Sea subarea and would change the boundaries of the Northern Bering Sea Research Area to establish the Modified Gear Trawl Zone and to expand the Saint Matthew Island Habitat Conservation Area. The amendment also would make several minor technical changes to the FMP. This action is necessary to reduce the potential adverse effects of nonpelagic trawl gear on benthic habitat, to protect additional blue king crab habitat near St. Matthew Island, to provide for efficient flatfish harvest under changing ocean conditions, and to revise the FMP by removing errors and ensuring program descriptions are consistent with the Magnuson-Stevens Fishery Conservation and Management Act. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws. Comments from the public are encouraged.
Application(s) for Duty-Free Entry of Scientific Instruments
Document Number: 2010-15764
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, International Trade Administration
Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review
Document Number: 2010-15762
Type: Notice
Date: 2010-06-29
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') has completed its administrative review of the countervailing duty (``CVD'') order on certain pasta from Italy for the period January 1, 2008, through December 31, 2008. On April 13, 2010, we published the Preliminary Results of this review. See Certain Pasta From Italy: Preliminary Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 18806 (April 13, 2010) (``Preliminary Results''). We did not receive any comments on the Preliminary Results and have made no revisions. We 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. The final net subsidy rates for Garofalo and De Cecco Pastificio/De Cecco Pescara are listed below in the section entitled ``Final Results of Review.''
International Fisheries; South Pacific Tuna Fisheries; Procedures to Request Licenses and a System to Allocate Licenses
Document Number: 2010-15642
Type: Proposed Rule
Date: 2010-06-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Pursuant to its authority under the South Pacific Tuna Act of 1988 (SPTA), NMFS proposes regulations to modify the procedures that U.S. purse seine vessels use to request fishing licenses to fish in areas managed under the SPTA. This rule would also establish a system for allocating licenses in the event more applications are received than there are licenses available. Such an allocation system is needed because the number of applications is approaching the number of available licenses, and may exceed that number. The proposed license allocation system would include objective criteria to be used by NMFS in prioritizing among license applicants. The license application procedures would be modified in accordance with the allocation system, and would be designed to provide license holders and prospective license applicants with a clear and certain regulatory process. The regulations for vessels licensed under the SPTA would also be modified to require that the vessel monitoring system units (VMS units), also known as mobile transmitting units, installed and carried on the vessels are a type that is NMFS-approved.
Circular Welded Carbon Steel Pipes and Tubes From Thailand: Rescission of Antidumping Duty Administrative Review
Document Number: 2010-15640
Type: Notice
Date: 2010-06-28
Agency: Department of Commerce, International Trade Administration
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Rescission of New Shipper Review
Document Number: 2010-15639
Type: Notice
Date: 2010-06-28
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``Department'') is conducting a new shipper review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'') with respect to Nhat Duc Co., Ltd. (``Nhat Duc'') covering the period of review (``POR'') of February 1, 2008, through January 31, 2009. See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam, 70 FR 5152 (February 1, 2005) (``Shrimp Order''). We announced our preliminary intent to rescind the new shipper review for Nhat Duc, finding that Nhat Duc's sole U.S. sale during the POR was non-bona fide, and, therefore, Nhat Duc had no reviewable sales during the POR. See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Intent to Rescind New Shipper Review, 75 FR 3446 (January 21, 2010) (``Preliminary Rescission''). We have analyzed the comments received, and we have made no changes to the Preliminary Rescission.
Carbazole Violet Pigment 23 from the People's Republic of China: Final Results of Antidumping Duty Administrative Review
Document Number: 2010-15638
Type: Notice
Date: 2010-06-28
Agency: Department of Commerce, International Trade Administration
On December 29, 2009, the Department of Commerce (the Department) published the preliminary results of the 2007-2008 administrative review of the antidumping duty order on carbazole violet pigment 23 (CVP 23) from the People's Republic of China (PRC). See Carbazole Violet Pigment 23 From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 74 FR 68780 (December 29, 2009) (Preliminary Results). This administrative review covers one exporter of the subject merchandise, Trust Chem Co., Ltd. (Trust Chem). We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments received, we have made one change to the margin calculation for Trust Chem. The final dumping margin for this review is listed below in the section entitled ``Final Results of Review.''
Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China: Continuation of the Antidumping Duty Order
Document Number: 2010-15631
Type: Notice
Date: 2010-06-28
Agency: Department of Commerce, International Trade Administration
As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (the Commission) that revocation of the antidumping duty order on floor- standing, metal-top ironing tables and certain parts thereof (ironing tables) 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.
Barium Chloride From the People's Republic of China: Continuation of Antidumping Duty Order
Document Number: 2010-15630
Type: Notice
Date: 2010-06-28
Agency: Department of Commerce, International Trade Administration
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 barium chloride 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.
Cybersecurity and Innovation in the Information Economy
Document Number: 2010-15589
Type: Notice
Date: 2010-06-28
Agency: Department of Commerce, International Trade Administration, National Institute of Standards and Technology, National Telecommunications and Information Administration
The National Institute of Standards and Technology (NIST), the National Telecommunications and Information Administration (NTIA), and the International Trade Administration (ITA), on behalf of the U.S. Department of Commerce (Department), will hold a public meeting on July 27, 2010, to discuss the relationship between cybersecurity in the commercial space and innovation in the Internet economy.
Civil Nuclear Trade Advisory Committee Public Meeting
Document Number: 2010-15538
Type: Notice
Date: 2010-06-28
Agency: Department of Commerce, International Trade Administration
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.
Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Framework Adjustment 21
Document Number: 2010-15501
Type: Rule
Date: 2010-06-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is implementing measures specified in Framework Adjustment 21 (Framework 21) to the Atlantic Sea Scallop Fishery Management Plan (FMP), which was developed by the New England Fishery Management Council (Council). Framework 21 specifies the following management measures for the 2010 scallop fishery: Total allowable catch (TAC); open area days-at-sea (DAS) and Sea Scallop Access Area (access area) trip allocations; DAS adjustments if an access area yellowtail flounder (YTF) TAC is caught; limited access general category (LAGC) access area trip allocations; management measures to minimize impacts of incidental take of sea turtles as required by the March 14, 2008, Atlantic Sea Scallop Biological Opinion (Biological Opinion); minor adjustments to the LAGC individual fishing quota (IFQ) program; and minor adjustments to the industry-funded observer program. This action also adjusts regulatory language to eliminate duplicative and outdated text, and to clarify provisions in the regulations that are currently unclear.
Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Person Based on Removal Request
Document Number: 2010-15447
Type: Rule
Date: 2010-06-28
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by adding twenty-four persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. The persons who 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. These persons will be listed under the following nine destinations on the Entity List: Belarus, China, Hong Kong, Iran, Malaysia, New Zealand, Norway, South Africa and United Kingdom.
Revisions to the Export Administration Regulations Based Upon a Systematic Review of the Commerce Control List: Additional Changes
Document Number: 2010-15444
Type: Rule
Date: 2010-06-28
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) to make revisions to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the third phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS's Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007.
Diamond Sawblades and Parts Thereof from the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
Document Number: 2010-15216
Type: Notice
Date: 2010-06-28
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``Department'') has determined that a request for a new shipper review (``NSR'') of the antidumping duty order on diamond sawblades and parts thereof (``diamond sawblades'') from the People's Republic of China (``PRC''), received on April 30, 2010, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for the NSR is January 23, 2009, through April 30, 2010.
New England Fishery Management Council; Public Hearings
Document Number: 2010-15484
Type: Notice
Date: 2010-06-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council (Council) will hold six public hearings to solicit comments on proposals to be included in the Draft Amendment 15 to the Atlantic Sea Scallop Fishery Management Plan (FMP).
New England Fishery Management Council; Public Meeting
Document Number: 2010-15482
Type: Notice
Date: 2010-06-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The New England Fishery Management Council's (Council) Groundfish/Scallop Advisory Panel will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Malcolm Baldrige National Quality Award Panel of Judges
Document Number: 2010-15472
Type: Notice
Date: 2010-06-25
Agency: Department of Commerce, National Institute of Standards and Technology
Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Panel of Judges of the Malcolm Baldrige National Quality Award will meet Monday, November 15, 2010, 8:30 a.m. to 5:30 p.m., Tuesday, November 16, 2010, 8:30 a.m. to 5:30 p.m., Wednesday, November 17, 2010, 8:30 a.m. to 5:30 p.m., Thursday, November 18, 2010, 8:30 a.m. to 5:30 p.m., and Friday, November 19, 2010, 8:30 a.m. to 5:30 p.m. The Panel of Judges is 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 conduct final judging of the 2010 applicants. The review process involves examination of records and discussions of applicant data, and will be closed to the public in accordance with Section 552b(c)(4) of Title 5, United States Code.
Malcolm Baldrige National Quality Award Panel of Judges
Document Number: 2010-15470
Type: Notice
Date: 2010-06-25
Agency: Department of Commerce, National Institute of Standards and Technology
Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 2, notice is hereby given that the Panel of Judges of the Malcolm Baldrige National Quality Award will meet on Tuesday, September 7, 2010. The Panel of Judges is 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 review applicant consensus scores and select applicants for site visit review. The applications under review by Judges contain trade secrets and proprietary commercial information submitted to the Government in confidence.
Correspondence With the United States Patent and Trademark Office
Document Number: 2010-15469
Type: Rule
Date: 2010-06-25
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is
Clarification on the Procedure for Seeking Review of a Finding of a Substantial New Question of Patentability in Ex Parte
Document Number: 2010-15468
Type: Notice
Date: 2010-06-25
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is clarifying the procedure for seeking review of a determination that a substantial new question of patentability (SNQ) has been raised in an ex parte reexamination proceeding. This notice clarifies that while issues related to a SNQ determination are procedural, the Chief Judge of the Board of Patent Appeals and Interferences (BPAI) has been delegated the authority to review issues related to the examiner's determination that a reference raises a SNQ in an ex parte reexamination proceeding. The Chief Judge of the BPAI may further delegate that authority to the panel of Administrative Patent Judges who are deciding the appeal in an ex parte reexamination proceeding. This clarification of procedure will facilitate more efficient resolution of SNQ issues.
Announcement of Changes to the Membership of the Performance Review Board
Document Number: 2010-15432
Type: Notice
Date: 2010-06-25
Agency: Department of Commerce, International Trade Administration
The regulations at 5 CFR 430.310 require agencies to publish notice of Performance Review Board appointees in the Federal Register before their service begins. In accordance with those regulations, this notice announces changes to the membership of the International Trade Administration's Performance Review Board.
Notice of Establishment of the United States-Turkey Business Council and Request for Applicants for Appointment to the United States Section
Document Number: 2010-15380
Type: Notice
Date: 2010-06-25
Agency: Department of Commerce, International Trade Administration
In December 2009, the Governments of the United States and Turkey agreed to establish a U.S.-Turkey Business Council. This notice announces the opportunity for appointment as private sector members to the U.S. Section of the Council.
List of Fisheries for 2011
Document Number: 2010-15318
Type: Proposed Rule
Date: 2010-06-25
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Marine Fisheries Service (NMFS) publishes its proposed List of Fisheries (LOF) for 2011, as required by the Marine Mammal Protection Act (MMPA). The proposed LOF for 2011 reflects new information on interactions between commercial fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of serious injury and mortality of marine mammals that occurs incidental to each fishery. The classification of a fishery in the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements.
Encryption Export Controls: Revision of License Exception ENC and Mass Market Eligibility, Submission Procedures, Reporting Requirements, License Application Requirements, and Addition of Note 4 to Category 5, Part 2
Document Number: 2010-15072
Type: Rule
Date: 2010-06-25
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR or Regulations) to modify the requirements of License Exception ENC, ``Encryption Commodities, Software and Technology,'' and the requirements for qualifying an encryption item as mass market. BIS is also amending specific license requirements for encryption items. With respect to encryption products of lesser national security concern, this rule replaces the requirement to wait 30 days for a technical review before exporting such products and the requirement to file semi-annual post-export sales and distribution reports with a provision that allows immediate authorization to export and reexport these products after electronic submission to BIS of an encryption registration. A condition of this new authorization for less sensitive products is submission of an annual self-classification report on these commodities and software exported under License Exception ENC. With respect to most mass market encryption products, this rule similarly replaces the requirement to wait 30 days for a technical review before exporting and reexporting such products with a provision that allows immediate authorization to export and reexport these products after electronic submission to BIS of an encryption registration, subject to annual self-classification reporting for exported encryption products. Only a few categories of License Exception ENC and mass market encryption products will continue to require submission of a 30-day classification request. Encryption items that are more strictly controlled continue to be authorized for immediate export and reexport to most end-users located in close ally countries upon submission of an encryption registration and classification request to BIS. This rule also eases licensing requirements for the export and reexport of many types of technology necessary for the development and use of encryption products, except to countries subject to export or reexport license requirements for national security reasons or anti-terrorism reasons, or that are subject to embargo or sanctions. This rule also removes the requirement to file separate encryption classification requests (formerly encryption review requests) with both BIS and the ENC Encryption Request Coordinator (Ft. Meade, MD).
Fisheries of the Northeastern United States; 2010 Specifications for the Spiny Dogfish Fishery
Document Number: 2010-15324
Type: Rule
Date: 2010-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces specifications and management measures for the spiny dogfish fishery for the 2010 fishing year (FY) (May 1, 2010, through April 30, 2011). NMFS is implementing a spiny dogfish quota of 15 million lb (6,803.89 mt) for FY 2010, and maintaining the possession limit of 3,000 lb (1.36 mt). These measures are consistent with the Spiny Dogfish Fishery Management Plan (FMP) and based on new biological reference points announced by peer reviewers of the Transboundary Resource Assessment Committee (TRAC), which indicated the stock is rebuilt.
Marine Mammals; File No. 14186
Document Number: 2010-15322
Type: Notice
Date: 2010-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Sea World LLC, 9205 South Park Center Loop, Suite 400, Orlando, FL 32819 [Brad Andrews, Responsible Party] has been issued an enhancement permit to maintain non-releasable stranded Guadalupe fur seals (Arctocephalus townsendi).
Notice of Enforcement Policy Symposium on Combating Counterfeiting in the 21st Century
Document Number: 2010-15307
Type: Notice
Date: 2010-06-24
Agency: Department of Commerce, Patent and Trademark Office
To focus on the United States Government enforcement policy regarding counterfeit goods involving health and safety concerns and the United States Patent and Trademark Office's (USPTO) efforts at home and abroad combating counterfeiting, the USPTO and the National Intellectual Property Rights Coordination Center (IPR Center) are co- hosting an enforcement policy symposium on combating counterfeiting in the 21st century. A three panel program is planned for the symposium
Expansion and Extension of the Patent Application Backlog Reduction Stimulus Plan
Document Number: 2010-15306
Type: Notice
Date: 2010-06-24
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register providing an additional temporary basis (the Patent Application Backlog Reduction Stimulus Plan) under which a small entity applicant may have an application accorded special status for examination if the applicant expressly abandons another copending unexamined application. The Patent Application Backlog Reduction Stimulus Plan allows small entity applicants having multiple applications currently pending before the USPTO to have greater control over the priority with which their applications are examined while also stimulating a reduction of the backlog of unexamined patent applications pending before the USPTO. The USPTO is expanding the Patent Application Backlog Reduction Stimulus Plan to permit all applicants to participate by eliminating the small entity status requirement and adding a few new requirements in view of the expansion. The program is also being extended until December 31, 2010, or the date that 10,000 applications have been accorded special status for examination under the Patent Application Backlog Reduction Stimulus Plan, whichever occurs earlier. These changes allow more applicants to take advantage of the program.
Trademark Technical and Conforming Amendments
Document Number: 2010-15305
Type: Rule
Date: 2010-06-24
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') is amending the Rules of Practice in Trademark Cases to implement the Trademark Technical and Conforming Amendment Act of 2010. The rule changes harmonize the framework for submitting trademark registration maintenance filings to the USPTO by permitting holders of international registrations with an extension of protection to the United States under the Madrid Protocol (``Madrid Protocol registrants'') to file Affidavits or Declarations of Use or Excusable Nonuse at intervals identical to those for nationally issued registrations. The changes additionally allow all trademark owners to cure deficiencies in their maintenance filings, including when the affidavit or declaration is not filed in the name of the owner of the registration.
Stellwagen Bank National Marine Sanctuary Final Revised Management Plan: Notice of Availability
Document Number: 2010-15097
Type: Notice
Date: 2010-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The final revised management plan for the Stellwagen Bank National Marine Sanctuary (SBNMS) has been approved and is now available. This plan is the result of a multi-year review at the SBNMS and ONMS, and included extensive public, as well as state, local and other Federal agency involvement. The plan is available for download on the Web site: http://stellwagen.noaa.gov. For a hard copy or data CD of the plan contact the sanctuary office at the contact number identified below.
Availability of Conservation Seat and Diving Operations Seat for the Flower Garden Banks National Marine Sanctuary Advisory Council
Document Number: 2010-15095
Type: Notice
Date: 2010-06-24
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The ONMS is seeking applications for the following vacant seats on the Flower Garden Banks National Marine Sanctuary Advisory Council: Conservation and Diving Operations. 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.
Certain Preserved Mushrooms from India: Notice of Rescission of Antidumping Duty Administrative Review
Document Number: 2010-15220
Type: Notice
Date: 2010-06-23
Agency: Department of Commerce, International Trade Administration