Department of Commerce July 2010 – Federal Register Recent Federal Regulation Documents
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Fisheries Off West Coast States; Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #1, #2, #3, and #4
NOAA Fisheries announces four inseason actions in the ocean salmon fisheries. Inseason action 1 modified the commercial fishery in the area from Cape Falcon, Oregon to Humbug Mountain, Oregon, and from Humbug Mountain, Oregon to the Oregon/California Border. Inseason action 2 modified the recreational fishery in the area from Cape Falcon, Oregon to Humbug Mountain, Oregon. Inseason action 3 modified the commercial fishery in the area from U.S./Canada Border to Cape Falcon, Oregon. Inseason action 4 modified the commercial fishery from U.S./Canada Border to U.S./Mexico Border.
Natural Bristle Paint Brushes and Brush Heads from the People's Republic of China: Final Results of Changed Circumstance Review
On June 16, 2010, the Department of Commerce (``Department'') published a notice of initiation and preliminary results of a changed circumstances review with the intent to revoke the antidumping duty order on natural bristle paint brushes and brush heads from the People's Republic of China (``PRC''). In our notice of initiation and preliminary results, we gave interested parties an opportunity to comment; however, none were received. We are now revoking the order based on the fact that domestic parties have expressed a lack of interest in antidumping duty relief from imports of the subject merchandise. Therefore, we will instruct U.S. Customs and Border Protection (``CBP'') to terminate the suspension of liquidation of all unliquidated entries of subject merchandise covered by the scope of the order entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results in the Federal Register.
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Reduction and Trawl Gear Restriction
This action decreases the landing limit for Gulf of Maine (GOM) cod and implements a restriction on the use of certain types of trawl gear in parts of the U.S./Canada Management Area to reduce the harvest of Georges Bank (GB) yellowtail flounder for Northeast (NE) multispecies vessels fishing under common pool regulations for the 2010 fishing year (FY). This action is authorized by the regulations implementing Amendment 16 and Framework Adjustment 44 (FW 44) to the NE Multispecies Fishery Management Plan (FMP) and is intended to decrease the likelihood of harvest exceeding the subcomponent of the annual catch limit (ACL) allocated to the common pool (common pool sub-ACL) for each of these stocks during FY 2010 (May 1, 2010, through April 30, 2011). This action is being taken to ensure that common pool sub-ACLs for these stocks are not exceeded, thereby optimizing the harvest of NE regulated multispecies under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Atlantic Coastal Fisheries Cooperative Management Act Provisions; Atlantic Coastal Shark Fishery
NMFS announces the cancellation of the Federal moratorium on fishing for Atlantic coastal sharks in the State waters of New Jersey. NMFS canceled the moratorium, as required by the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), based on the determination that New Jersey is now in compliance with the Atlantic States Marine Fisheries Commission's (Commission) Interstate Fishery Management Plan for Atlantic Coastal Sharks (Coastal Shark Plan).
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock for American Fisheries Act Catcher Vessels in the Inshore Open Access Fishery in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for pollock by American Fisheries Act (AFA) trawl catcher vessels participating in the inshore open access fishery in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2010 pollock total allowable catch (TAC) allocated to the inshore open access fishery in the BSAI.
Foreign Direct Products of U.S. Technology
The Bureau of Industry and Security (BIS) clarifies the scope of the ``direct product rule'' set forth in the Export Administration Regulations (EAR). Under the EAR's ``direct product rule,'' foreign- made items that are located outside of the United States; subject to national security controls under the EAR; the direct product of U.S.- origin software or technology that requires a written assurance as a supporting document for a license or as a pre-condition for use of License Exception Technology and Software, Restricted (TSR); and are being reexported to a destination in a country of national security concern or a terrorist supporting country, are subject to the EAR and require an export license or license exception. This rule also makes parallel revisions or clarifications to written assurances required under License Exception TSR (Technology and Software Restricted), information required on the license application for national security controlled technology, and the instructional steps in the EAR that provide guidance on how to apply the direct product rule.
Certain Welded Carbon Steel Standard Pipe from Turkey: Final Results of Countervailing Duty Administrative Review
On April 1, 2010, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty (CVD) order on certain welded carbon steel standard pipe from Turkey for the January 1, 2008, through December 31, 2008, period of review (POR). See Certain Welded Carbon Steel Standard Pipe From Turkey: Preliminary Results of Countervailing Duty Administrative Review, 75 FR 16439 (April 1, 2010) (Preliminary Results). The Department preliminarily found that the following producers/exporters of subject merchandise covered by this review had de minimis net subsidy rates for the POR: (1) Borusan Group, Borusan Mannesmann Boru Sanayi ve Ticaret A.S. (BMB), and Borusan Istikbal Ticaret T.A.S. (Istikbal) (collectively, Borusan); and (2) Tosyali dis Ticaret A.S. (Tosyali) and Toscelik Profil ve Sac Endustrisi A.S. (Toscelik Profil), (collectively, Toscelik).\1\ We did not receive any comments on our Preliminary Results, and we have made no revisions.
Folding Metal Tables and Chairs From the People's Republic of China: Initiation of New Shipper Review
The Department of Commerce (the ``Department'') has determined that a request for a new shipper review of the antidumping duty order on folding metal tables and chairs (``FMTCs'') from the People's Republic of China (``PRC''), received on June 30, 2010, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') of this new shipper review is June 1, 2009, through May 31, 2010.
Wooden Bedroom Furniture from the People's Republic of China: Final Results of Antidumping Duty New Shipper Review
On March 3, 2010, the Department of Commerce (``Department'') published the preliminary results of the new shipper review (``NSR'') of the antidumping duty order on wooden bedroom furniture from the People's Republic of China (``PRC'') covering sales of subject merchandise made by Zhejiang Tianyi Scientific & Educational Equipment Co., Ltd. (``Zhejiang Tianyi'').\1\ In accordance with 19 CFR 351.309(c)(ii), we gave interested parties an opportunity to comment on the Preliminary Results. Based on our analysis of the comments received, the Department has not made changes to the Preliminary Results and continues to determine that Zhejiang Tianyi has not made sales at less than normal value (``NV'').
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received one scientific research permit application requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The application may be viewed online at: https:// apps.nmfs.noaa.gov/preview/previewopenforcomment.cfm
Marine Fisheries Advisory Committee
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined in the agenda below.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 17A
The South Atlantic Fishery Management Council (Council) has submitted Amendment 17A to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. The amendment proposes to establish a rebuilding plan for red snapper, specify a proxy for the fishing mortality rate that will produce the maximum sustainable yield (MSY), specify the optimum yield (OY), specify the value for the minimum stock size threshold (MSST), and specify an annual catch limit (ACL) and accountability measures (AMs) for red snapper. Amendment 17A would also prohibit harvest and possession of red snapper in or from Federal waters of the South Atlantic and in or from state waters for vessels holding a Federal snapper-grouper permit, and implement an area closure that extends from southern Georgia to northern Florida where all harvest and possession of snapper-grouper would be prohibited (except when fishing with black sea bass pots or spearfishing gear for species other than red snapper). Additionally, Amendment 17A would require the use of non-stainless steel circle hooks north of 28[deg] N. lat. and require a monitoring program for South Atlantic red snapper. The actions contained in Amendment 17A are intended to end overfishing of South Atlantic red snapper and rebuild the fishery.
Takes of Marine Mammals Incidental to Specified Activities; Marine Geophysical Survey in the Northwest Pacific Ocean, July Through September, 2010
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Lamont-Doherty Earth Observatory (L-DEO), a part of Columbia University, to take small numbers of marine mammals, by harassment, incidental to conducting a marine geophysical survey at the Shatsky Rise in the northwest Pacific Ocean, July through September, 2010.
Science Advisory Board, Notice of Public Meeting
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the NOAA Science Advisory Board. The members will discuss and provide advice on issues outlined in the agenda below.
National Sea Grant Review Panel
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Sea Grant Advisory Board. Board members will discuss and provide advice on the National Sea Grant College Program in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the Agenda below.
Gulf of Mexico Fishery Management Council; Public Meetings
The Gulf of Mexico Fishery Management Council will convene public meetings.
Export Trade Certificate of Review
The 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.
Export Trade Certificate of Review
The Office of Competition and Economic Analysis (``OCEA'') of the International Trade Administration, U.S. Department of Commerce, has received an application to amend an Export Trade Certificate of Review (``Certificate''). This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued.
Export Trade Certificate of Review
On July 21, 2010, the Department of Commerce issued an Export Trade Certificate of Review to Saintilien Enterprise Inc., doing business as Saintilien Global Services (``SGS'').
Department of Commerce Business Forum
The United States Department of Commerce (DOC) is seeking vendors that currently conduct business with, or have previously conducted business with or hope to conduct business with DOC. Interested parties are asked to offer comments on the DOC acquisition function for the purpose of strengthening the process. Parties may offer oral comments at a public meeting to be held on August 10, 2010. Parties are also encouraged to provide written comments.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Regulatory Amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands
NMFS issues this proposed rule that would implement a regulatory amendment to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (FMP) prepared by the Caribbean Fishery Management Council (Council). This proposed rule would modify the Bajo de Sico seasonal closure from a 3-month closure to a 6-month closure, and prohibit fishing for and possession of Caribbean reef fish in or from the exclusive economic zone (EEZ) portion of Bajo de Sico during the closure. The proposed rule would also prohibit anchoring in the EEZ portion of Bajo de Sico year-round. In addition to the measures contained in the regulatory amendment, this proposed rule would also add spear to the list of allowable gears in the commercial sector of the Caribbean reef fish fishery. The intended effect of this proposed rule is to provide further protection for red hind spawning aggregations and large snappers and groupers, and better protect the essential fish habitat (EFH) where these species reside.
Fisheries of the Northeast Region; South Atlantic Region
This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that in the Northeast Region, wolffish is in an overfished condition. In the South Atlantic Region, red grouper is subject to overfishing and is in an overfished condition.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocations in Part
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping duty orders and findings with June anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department received requests to revoke three antidumping duty orders in part.
Certain Frozen Warmwater Shrimp from India: Preliminary Results of Antidumping Duty Changed Circumstances Review
The Department of Commerce (the Department) is conducting a changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and 351.221(c)(3). We preliminarily determine that Srikanth International (Srikanth) is the successor-in-interest to NGR Aqua International (NGR) for purposes of determining antidumping liability. Interested parties are invited to comment on these preliminary results.
Cybersecurity, Innovation and the Internet Economy
The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the nexus between cybersecurity challenges in the commercial sector and innovation in the Internet economy. The Department seeks comments from all stakeholders, including the commercial, academic and civil society sectors, on measures to improve cybersecurity while sustaining innovation. Preserving innovation, as well as private sector and consumer confidence in the security of the Internet economy, are important for promoting economic prosperity and social well-being overall. In particular, the Department seeks to develop an up-to-date understanding of the current public policy and operational challenges affecting cybersecurity, as those challenges may shape the future direction of the Internet and its commercial use, both domestically and globally. After analyzing comments on this Notice, the Department intends to issue a report that will contribute to the Administration's domestic and international policies and activities in advancing both cybersecurity and the Internet economy.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council) and its Research Set-Aside Committee (RSA), its Ecosystems and Ocean Planning Committee, its Squid, Mackerel, and Butterfish (SMB) Committee, and its Executive Committee will hold public meetings.
North Pacific Fishery Management Council; Public Meetings
The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings, August 16-19, 2010.
Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting
The South Atlantic Fishery Management Council will hold a meeting of its Golden Crab Advisory Panel in North Charleston, SC. See SUPPLEMENTARY INFORMATION.
Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures
The Department of Commerce (``the Department'') proposes to amend its regulations governing the submission of information to the Department in antidumping duty (``AD'') and countervailing duty (``CVD'') proceedings to adopt rules of practice and procedure that will incorporate changes resulting from the Department's implementation of an electronic filing and documents management program. More detailed procedures for electronic filing will be set forth in a document separate from the regulations that will be entitled ``IA ACCESS Handbook On Electronic Filing Procedures'' (``IA ACCESS Handbook''), which the Department intends to publish on its Web site at https:// www.trade.gov/ia by the effective date of the Final Rule.
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 seats for Conservation; alternate seats for Education, Mobile Gear Commercial Fishing, Whalewatching, and At-Large. 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 se ats.
Interim Guidance for Determining Subject Matter Eligibility for Process Claims in View of Bilski v. Kappos
The United States Patent and Trademark Office (USPTO or Office) has prepared Interim Guidance for Determining Subject Matter Eligibility for Process Claims in view of Bilski v. Kappos (Interim Bilski Guidance) for its personnel to use when determining subject matter eligibility under 35 U.S.C. 101 in view of the recent decision by the United States Supreme Court (Supreme Court) in Bilski v. Kappos, No. 08-964 (June 28, 2010). It is intended to be used by Office personnel as a supplement to the previously issued Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. 101 dated August 24, 2009 (Interim Instructions) and the memorandum to the Patent Examining Corps on the Supreme Court Decision in Bilski v. Kappos dated June 28, 2010. This guidance supersedes previous guidance on subject matter eligibility that conflicts with the Interim Bilski Guidance. Any member of the public may submit written comments on the Interim Bilski Guidance. The Office is especially interested in receiving comments regarding the scope and extent of the holding in Bilski.
Atlantic Highly Migratory Species; Meeting of the Atlantic Highly Migratory Species Advisory Panel
NMFS will hold a 3-day Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) meeting in September 2010. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. The meeting is open to the public.
Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Brazil: Preliminary Results of Full Sunset Review
On April 1, 2010, the Department of Commerce (``the Department'') initiated a sunset review of the countervailing duty (``CVD'') order on certain hot-rolled flat-rolled carbon-quality steel products from Brazil, pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On the basis of a notice of intent to participate and an adequate substantive response filed on behalf of the domestic interested parties and adequate responses from respondents and the Government of Brazil (``GOB''), the Department determined to conduct a full sunset review of this CVD order pursuant to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our analysis, the Department preliminarily finds that revocation of the CVD order would likely lead to continuance or recurrence of a countervailable subsidy.
Certain Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review
On February 5, 2010, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on certain polyester staple fiber from Taiwan. The period of review is May 1, 2008, through April 30, 2009. We gave interested parties an opportunity to comment on the preliminary results. We received comments from Far Eastern Textile Limited. The final weighted- average dumping margin for Far Eastern Textile Limited is listed below in the ``Final Results of the Review'' section of this notice.
National Weather Service (NWS) Strategic Plan, 2011-2020
The National Weather Service's (NWS) Strategic Plan (the Plan) for 2011-2020 sets the course for the agency's mission, a vision of the future, the societal outcomes that NWS aims to realize, and the actions the agency must take. The Plan establishes the framework to better meet the needs of Americans and to respond to some of the Nation's most urgent challenges. The Plan derives from NOAA's Next Generation Strategic Plan and is the result of a collaborative endeavor among employees, NOAA and NWS management, and private sector, research and operations partners. NWS invites comments on the contents of Plan, including mission statement, vision of the future, goals, objectives, and strategies.
Request for nominations for members to serve on National Institute of Standards and Technology Federal Advisory Committees
The National Institute of Standards and Technology (NIST) invites and requests nomination of individuals for appointment to its nine existing Federal Advisory Committees: Technology Innovation Program Advisory Board, Board of Overseers of the Malcolm Baldrige National Quality Award, Judges Panel of the Malcolm Baldrige National Quality Award, Information Security and Privacy Advisory Board, Manufacturing Extension Partnership Advisory Board, National Construction Safety Team Advisory Committee, Advisory Committee on Earthquake Hazards Reduction, NIST Smart Grid Advisory Committee, and Visiting Committee on Advanced Technology. NIST will consider nominations received in response to this notice for appointment to the Committees, in addition to nominations already received. Registered Federal lobbyists may not serve on the NIST Committees.
Clarification of Grace Period for Encryption Registration Requirement
This rule clarifies the intent of the encryption registration requirement that appeared in a rule published on June 25, 2010. In
Proposed Information Collection; Comment Request; Implementation of Tariff Rate Quota Established Under Title V of the Trade and Development Act of 2000 as Amended, for Imports of Certain Worsted Wool
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/MPA/Ecosystem Advisory Panel in August, 2010 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
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