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

On April 13, 2010, the Department of Commerce published its preliminary results of the administrative review of the antidumping duty order on certain orange juice from Brazil. This review covers two producers/exporters of the subject merchandise to the United States. The period of review (POR) is March 1, 2008, through February 28, 2009.

NMFS has taken emergency action through a series of emergency rules to prohibit all fishing and harvesting of marine resources in areas of the United States exclusive economic zone (EEZ) that are impacted by the Deepwater Horizon MC252 oil spill. The most recent of these emergency rules, which became effective on May 11, 2010, and continues to remain in effect, allows NMFS to make more timely revisions to the area closed to all fishing. The rule established a protocol for reopening closed areas and a procedure to inform the public of the specific coordinates of the Federal closed area related to the Deepwater Horizon MC252 oil spill (fishery closed area) via a broad range of information transfer tools. NMFS is publishing this temporary rule to provide additional notice to the regulated public by designating the current boundary coordinates for the area closed to all fishing and the area reopened to finfish harvest only in the Gulf of Mexico (Gulf), thereby increasing seafood safety and public safety. Future changes to the closed area will continue to be made using the procedure established by the emergency rule effective May 11, 2010.

The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs filed in inter partes reexamination proceeding appeals to increase the efficiency of the appellate process and to reduce the 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 inter partes reexamination proceedings (i.e., appellant's briefs, respondent's briefs, and rebuttal briefs) comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in inter partes reexamination proceeding appeal pendency as measured from the filing of a notice of appeal to the BPAI's docketing of the appeal by eliminating duplicate reviews by the examiner and the BPAI. The USPTO expects further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal briefs and non- substantive returns from the BPAI that require parties to file corrected appeal briefs in inter partes reexamination proceeding appeals.

Notice is hereby given that the Alaska Department of Fish and Game (ADFG), Division of Wildlife Conservation, Juneau, AK (Principal Investigator: Robert Small, Ph.D.) has been issued an amendment to Permit No. 14610 to conduct research on marine mammals.

Notice is hereby given that NMFS has received three 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 applications may be viewed online at: https://apps.nmfs.noaa.gov/preview/previewopenfor comment.cfm

The Advisory Committee on Earthquake Hazards Reduction (ACEHR or Committee), will meet Tuesday, November 9, 2010 from 8:30 a.m. to 5 p.m. and Wednesday, November 10, 2010, from 8:30 a.m. to 4 p.m. The primary purpose of this meeting is to receive information on NEHRP earthquake related activities and to gather information for the 2011 Annual Report of the Effectiveness of the NEHRP Advisory Committee on Earthquake Hazard Reduction. The agenda may change to accommodate Committee business. The final agenda will be posted on the NEHRP Web site at https://nehrp.gov/.

This document contains a correction to final regulations that were published on June 1, 2010. This change ensures that the process is preserved for adjusting annual shark quotas based on over- and underharvests. This correction makes a change to amendatory instructions in the final rule to accurately reflect NMFS' intention to effect a conforming amendment to 50 CFR part 635.

Pursuant to the Federal Advisory Committee Act (Pub. L. 92-463 as amended by Pub. L. 94-409, Pub. L. 96-523, Pub. L. 97-375 and Pub. L. 105-153), we are announcing a meeting of the Bureau of Economic Analysis Advisory Committee. The meeting will

The Department of Commerce (the Department) has preliminarily determined that critical circumstances exist with respect to imports of drill pipe from the People's Republic of China (PRC).

NMFS issues this proposed emergency rule to authorize the Regional Administrator, Southeast Region, NMFS (RA) to re-open the Gulf of Mexico (Gulf) recreational red snapper season after the September 30, 2010, end of the fishing season. Such a re-opening would only occur if NMFS determines that the recreational red snapper quota was not met by the 12:01 a.m., local time, July 24, 2010, closure date. Because of the Deepwater Horizon MC252 oil spill and the associated large-area fishery closure (fishery closed area) in the north-central Gulf, the Gulf of Mexico Fishery Management Council (Council) requested NMFS publish this proposed emergency rule. The Council does not expect the recreational quota will be reached by the closure date because the fishery closed area is located where a substantial portion of the recreational red snapper fishing effort occurs. The intent of this rulemaking is to provide fishermen the opportunity to harvest the recreational red snapper quota, and flexibility to achieve the optimum yield for the fishery, thus enhancing social and economic benefits to the fishery.

In response to requests by interested parties, the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on certain pasta (``pasta'') from Italy for the period of review (``POR'') July 1, 2008, through June 30, 2009. This review covers two producers/exporters of subject merchandise: Pastificio Attilio MastromauroPasta Granoro S.r.L. (``Granoro'') and Pastaficio Lucio Garofalo S.p.A. (``Garofalo'').\1\ We preliminarily determine that during the POR, Granoro and Garofalo sold subject merchandise at less than normal value (``NV''). If these preliminary results are adopted in the final results of this administrative review, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results.

On May 14, 2010, the United States Court of International Trade (``CIT'') sustained the final remand redetermination made by the Department of Commerce (``the Department'') pursuant to the CIT's remand of the final determination in the antidumping investigation on certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC''). See Bridgestone Americas Inc. v. United States, Consol. Ct. No. 08-00256, Slip Op. 10-55 (Ct. Int'l Trade May 14, 2010) (``Bridgestone''). This case arose out of the Department's final determination in the antidumping duty investigation on OTR tires from the PRC. See Certain New Pneumatic Off-The-Road-Tires from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Partial Affirmative Determination of Critical Circumstances, 73 FR 40485 (July 15, 2008) (``Final Determination''); Certain New Pneumatic Off-the-Road Tires from the People's Republic of China: Notice of Amended Final Affirmative Determination of Sales at Less than Fair Value and Antidumping Duty Order, 73 FR 51624 (September 4, 2008) (``OTR Tires Order''). As there is now a final and conclusive court decision in this action, we are amending our final determination and our antidumping duty order.

On August 21, 2009, the Department solicited comments from the general public on the best method to consider whether novelty \1\ candles should or should not be included within the scope of the Order \2\ given the extremely large number of scope determinations requested by outside parties. See Petroleum Wax Candles from the People's Republic of China: Request for Comments on the Scope of the Antidumping Duty Order and the Impact on Scope Determinations, 74 FR 42230 (August 21, 2009). The general public was given two options (as well as the choice to submit additional options and ideas):

On May 3, 2010, the Department of Commerce (``the Department'') initiated sunset reviews of the antidumping duty orders on chlorinated isocyanurates (``chlorinated isos'') from Spain and the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). Based on the notices of intent to participate and adequate responses filed by the domestic interested parties, and the lack of response from any respondent interested party, the Department conducted expedited (120-day) sunset reviews of the antidumping duty orders on chlorinated isos from Spain and the PRC, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Review'' section of this notice, infra.

NMFS issues this proposed rule to implement Amendment 17A to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This proposed rule would establish an annual catch limit (ACL) for red snapper of zero, which means all harvest and possession of red snapper in or from the South Atlantic EEZ would be prohibited, and for a vessel with a Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper, harvest and possession of red snapper would be prohibited in or from state or Federal waters. To constrain red snapper harvest to the ACL, this rule would implement an area closure for South Atlantic snapper-grouper 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), and require the use of non-stainless steel circle hooks north of 28[deg] N. lat. Additionally, Amendment 17A would establish a rebuilding plan for red snapper, require a monitoring program as the accountability measure (AM) for red snapper, and specify a proxy for the fishing mortality rate that will produce the maximum sustainable yield (MSY) and specify optimum yield (OY). The intended effects of this rule are to end overfishing of South Atlantic red snapper and rebuild the stock.

The New England Fishery Management Council's (Council) VMS/ Enforcement Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The New England Fishery Management Council's (Council) Herring Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Shell Offshore Inc. (Shell) to take, by harassment, small numbers of 8 species of marine mammals incidental to a marine survey program, which includes site clearance and shallow hazards, ice gouge, and strudel scour surveys, in the Beaufort and Chukchi Seas, Alaska, during the 2010 Arctic open water season.

NMFS announces a meeting of the General Advisory Committee and the Scientific Advisory Subcommittee to the U.S. Section to the Inter- American Tropical Tuna Commission (IATTC) on September 17, 2010. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

On July 28, 2010, the U.S. Trade Representative (USTR) instructed the Department of Commerce (the Department) to implement its determination under section 129 of the Uruguay Round Agreements Act (URAA) regarding the investigation of polyethylene retail carrier bags from Thailand. The Department issued its determination on June 29, 2010, regarding the offsetting of dumped comparisons with non-dumped comparisons when making average-to-average comparisons of export price and normal value in the investigation challenged by Thailand before the World Trade Organization (WTO) in United StatesAntidumping Measure on Polyethylene Retail Carrier Bags from Thailand. The Department is now implementing this determination.

This document provides NOAA's revised Grant Program Implementation Guidelines (Guidelines) for the Coral Reef Conservation Program (CRCP or Program) under the Coral Reef Conservation Act of 2000 (Act). The Act authorizes the Secretary of Commerce (Secretary), through the NOAA Administrator (Administrator) and subject to the availability of funds, to provide matching grants of financial assistance for coral reef conservation projects under the Act. NOAA revised the Implementation Guidelines for the Grant Program, which were originally published in 2002, to be applicable to Fiscal Years (FY) 2011 through FY 2015 and published a draft of the revision in the Federal Register notice of January 19, 2010 (75 FR 3114-3120) for review and comment. NOAA proposes to utilize several existing grant programs and mechanisms to implement the Program. Specific information about each funding category, including available funding, dates, detailed application requirements and evaluation criteria, is published in separate Federal Register notices. In accordance with the Act, NOAA developed a National Coral Reef Action Strategy (Strategy) in 2002 to provide an implementation plan to advance coral reef conservation, including a basis for funding allocations to be made under the Program. In response to an external program review in 2007, a new program manager, development of a `Roadmap' for the future of the Program, and publication in 2009 of the CRCP Goals and Objectives 2010-2015 and CRCP International Strategy, the Program revised its Implementation Guidelines for the Grant Program to align more closely with the Program's new direction. The Department of Commerce Pre-Award Notification Requirements for Grants and Cooperative Agreements contained in the Federal Register notice of February 11, 2008 (73 FR 7696), are applicable to solicitations under this Program. This document is not a solicitation for project proposals.

NMFS announces final specifications for the 2010-2012 fishing years for the Atlantic herring (herring) fishery. The intent of this final rule is to conserve and manage the herring resource and provide for a sustainable fishery. This final rule also makes minor corrections to existing regulations.