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

This notice is to advise the public that the National Defense Stockpile Market Impact Committee, co-chaired by the Departments of Commerce and State, is seeking public comments on the potential market impact of the proposed disposal levels of excess materials for the Fiscal Year (FY) 2012 Annual Materials Plan.

NMFS has received a request from the Knik Arm Bridge Toll Authority (KABATA), in coordination with the Department of Transportation Federal Highways Administration (FHWA), for authorization to take marine mammals incidental to construction of a bridge across Knik Arm, named the Knik Arm Crossing, Alaska, over the course of five construction seasons; approximately spring 2013 through autumn 2017. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the KABATA's application and request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the KABATA's application and request. NMFS has reviewed KABATA's request, including the information in its application, and determined that it is adequate and complete in accordance with 50 CFR 216.104(b)(1).

The Department hereby solicits applications from persons (including firms, corporations, or other legal entities) who weave worsted wool fabrics in the United States for an allocation of the 2011 tariff rate quotas on certain worsted wool fabric. Interested persons must submit an application on the form provided to the address listed below by October 8, 2010. The Department will cause to be published in the Federal Register its determination to allocate the 2011 tariff rate quotas and will notify applicants of their respective allocation as soon as possible after that date. Promptly thereafter, the Department will issue licenses to eligible applicants.

On May 3, 2010, the Department of Commerce (``the Department'') initiated the third sunset review of the countervailing duty order (``CVD'') on heavy iron construction castings 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 an inadequate response from respondent interested parties (in this case, no response), the Department conducted an expedited sunset review of the CVD order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a result of this sunset review, the Department finds that revocation of the CVD order would be likely to lead to continuation or recurrence of a countervailable subsidy at the level indicated in the ``Final Results of Review'' section of this notice.

Pursuant to the Memorandum Opinion and Order of the Binational Panel dated July 20, 2010, affirming the determination described above, the panel review was completed on September 2, 2010.

The SEDAR assessment of the South Atlantic stock of red snapper will consist of a series of workshops and webinars: a Data Workshop, a series of Assessment webinars, and a Review Workshop. This is the twenty-fourth SEDAR. This is notice of the third Assessment Webinar Stage 2 webinar for SEDAR 24.

The Bureau of Industry and Security (BIS) is requesting public comments on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba. BIS will include a description of these comments in its biennial report to the Congress, as required by the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.), as amended.

NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the fourth seasonal apportionment of the Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA has been reached.

NMFS adjusts the 2010 Winter II commercial scup quota. This action complies with Framework Adjustment 3 (Framework 3) to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which established a process to allow the rollover of unused commercial scup quota from the Winter I period to the Winter II period.

The Bureau of Industry and Security (BIS) maintains the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the Export Administration Regulations (EAR) to implement changes made to the Wassenaar Arrangement's List of Dual Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2009 WA Plenary Meeting (the Plenary). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To harmonize with the changes made to the Wassenaar List at the Plenary, this rule revises the EAR by amending certain entries that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, and 9, revising reporting requirements, and adding, removing and amending EAR Definitions. The changes agreed to at the Plenary that pertain to Export Control Classification Numbers (ECCNs) 5A002, 5D002, 6A002, 6A003, 8A002 and all related ECCNs will be implemented in a separate rule because of the sensitivity of the items and complexity of procedures and controls for these items. The changes agreed to at the Plenary that pertain to raising the Adjusted Peak Performance (APP) for digital computers in ECCN 4A003 will be implemented in a separate rule when the President's report for High Performance Computers has been sent to Congress that sets forth the new APP in accordance with the National Defense Authorization Act for FY1998.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee, in September, 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.

NMFS is proposing regulations under the Tuna Conventions Act of 1950 (Act), as amended, to increase the vessel capacity limit for the U.S. purse seine fishery operating in the eastern Pacific Ocean (EPO) and make U.S. regulations more consistent with the Inter-American Tropical Tuna Commission (IATTC) Resolution on the Capacity of the Tuna Fleet Operating in the Eastern Pacific Ocean. These revisions would ensure that the United States is satisfying its obligations under the Tuna Conventions Act while dismantling regulatory constraints preventing economic development of the U.S. industry.

Notice is hereby given that Brent Stewart, Hubbs-Sea World Research Institute, 2595 Ingraham Street, San Diego, California 92109 has been issued a minor amendment to Scientific Research Permit No. 486-1790-00.

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 this new information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The North Pacific Fishery Management Council's (Council) Observer Advisory Committee (OAC) will meet at the Anchorage Hilton Hotel, September 28-29, 2010.

This action proposes to add certain exemptions from Federal fishing regulations to some or all Northeast (NE) multispecies sector operations plans that were previously approved by the final sector rule published April 9, 2010. That rule approved FY 2010 sector operations plans and contracts and allocations of Annual Catch Entitlements (ACE) for 17 sectors in the NE multispecies fishery. In addition to several universal exemptions approved in the final rule for Amendment 16 the NE Multispecies Fisheries Management Plan (FMP), the final sector rule also approved several additional exemptions from NE multispecies regulations for those sectors that requested them through their respective sector operations plans. The sectors requested several exemptions in the FY 2010 operations plans that NMFS subsequently disapproved for various reasons, including that they were not allowed

NMFS is prohibiting directed fishing for pelagic shelf rockfish for vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 total allowable catch (TAC) of pelagic shelf rockfish allocated to vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA.

This action implements a differential Days-at-Sea (DAS) counting factor of 2.0 to Category A DAS for Northeast (NE) multispecies vessels fishing under common pool regulations for the 2010 fishing year (FY) when fishing in the Inshore Gulf of Maine (GOM) Differential DAS Area, the Offshore GOM Differential DAS Area, the Inshore Georges Bank (GB) Differential Area, and the Offshore GB Differential Area. Vessels may transit the GOM and GB Differential DAS Areas without being charged the differential DAS rate, provided their gear is properly stowed according to the regulations. This action also implements a zero possession limit for witch flounder. The purpose is to decrease the likelihood that catch (landings and discards) of white hake and GOM cod will exceed the subcomponent of the annual catch limit (ACL) allocated to the common pool during FY 2010 (May 1, 2010 through April 30, 2011). Because witch flounder has already exceeded its sub-ACL, this action attempts to minimize additional overharvest by reducing the possession limit to zero. This action is taken under the authority of the regulations implementing Amendment 16 and Framework Adjustment 44 (FW 44) to the NE Multispecies Fishery Management Plan (FMP) and authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

NMFS is prohibiting directed fishing for Pacific ocean perch for vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2010 total allowable catch (TAC) of Pacific ocean perch allocated to vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA.

This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations (EAR) to include the citation to the President's Notice of August 12, 2010 Continuation of Emergency Regarding Export Control Regulations.

The Mid-Atlantic Fishery Management Council's (MAFMC) Spiny Dogfish Monitoring Committee will hold a meeting.

The SEDAR update of the assessment of the Gulf of Mexico stock of greater amberjack will consist of a series of webinars. This assessment will update the stock assessment conducted under SEDAR 9. See SUPPLEMENTARY INFORMATION.

On April 14, 2010, the United States Court of International Trade (``CIT'') sustained the remand redetermination \1\ issued by the Department of Commerce (``Department'') pursuant to the CIT's remand order involving the antidumping duty investigations of certain frozen warmwater shrimp from Brazil, Ecuador, India, the People's Republic of China, Thailand, and the Socialist Republic of Vietnam.\2\ In Ad Hoc IV, the CIT sustained the Department's finding that dusted shrimp should be included within the scope of these investigations. The Department is therefore now issuing amended final determinations that include dusted shrimp within the scope of the investigations.