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

The South Atlantic Fishery Management Council (Council) will hold a meeting of its Snapper Grouper Advisory Panel (AP) in North Charleston, SC. See SUPPLEMENTARY INFORMATION.

We, NMFS, have completed an Endangered Species Act (ESA) status review for Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus). Based on the status review report (ASSRT, 2007), and other information available since completion of the status review report, we have determined that the species is comprised of five distinct population segments (DPSs) that qualify as species under the ESA: Gulf of Maine (GOM); New York Bight (NYB); Chesapeake Bay (CB); Carolina; and South Atlantic. We have also determined that, for those DPSs that are located within the jurisdiction of NMFS' Northeast Region, listing as threatened is warranted for the GOM DPS, and listing as endangered is warranted for the NYB DPS and CB DPS. A separate proposed listing determination is issued for the two DPSs within NMFS' Southeast Region in today's Federal Register.

Notice is hereby given that the North Carolina Aquarium at Fort Fisher, North Carolina Department of Environment and Natural Resources, Atlantic Beach, NC, 28512 [Hap Fatzinger, Responsible Party], has applied in due form for a permit to hold shortnose sturgeon (Acipenser brevirostrum) for the purposes of enhancement.

NMFS has received an application from the NOAA Restoration Center, Southwest Region, for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to the Parsons Slough Sill Project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the NOAA Restoration Center, Southwest Region, to take, by Level B Harassment only, small numbers of harbor seals (Phoca vitulina richardsi) during the specified activity.

The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the relationship between the availability and protection of online copyrighted works and innovation in the Internet economy. The Department, the United States Patent and Trademark Office (USPTO), and the National Telecommunications and Information Administration (NTIA) seek public comment from all interested stakeholders, including rights holders, Internet service providers, and consumers on the challenges of protecting copyrighted works online and the relationship between copyright law and innovation in the Internet economy. After analyzing the comments submitted in response to this Notice, the Internet Policy Task Force intends to issue a report that will contribute to the Administration's domestic policy and international engagement in the area of online copyright protection and innovation.

The Department of Commerce (``Department'') has determined that a request for a new shipper review (``NSR'') of the antidumping duty order on certain steel nails (``steel nails'') from the People's Republic of China (``PRC''), received on August 27, 2010, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for this NSR is August 1, 2009, through July 31, 2010.

The Department of Commerce (Department) is conducting a new shipper review (NSR) of Qingdao Sea-line Trading Co. Ltd. (Qingdao Sea- line) under the antidumping duty order on fresh garlic from the People's Republic of China (PRC) covering the period of review (POR) of November 1, 2008 through April 30, 2009. As discussed below, we determine that a sale has been made in the United States at a price below normal value (NV) with respect to Qingdao Sea-line, an exporter who participated fully and demonstrated its eligibility for separate rate. See Fresh Garlic From the People's Republic of China: Preliminary Results of New Shipper Review, 75 FR 24578 (May 5, 2010) (Preliminary Results). We are continuing to find Qingdao Sea-line's sale to be bona fide for the final results of this review. We intend to instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on entries of subject merchandise during the POR for which importer- specific assessment rates are above de minimis.

On June 15, 2010, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on Light-Walled Rectangular Pipe and Tube from Turkey. See Light-Walled Rectangular Pipe and Tube from Turkey; Notice of Preliminary Results of Antidumping Duty Administrative Review, 75 FR 33779 (June 15, 2010) (Preliminary Results). We gave interested parties an opportunity to comment on the Preliminary Results, but and received noneno comments.

Notice is hereby given that NMFS has issued four permits and a permit amendment to conduct research on marine mammals or sea turtles. See SUPPLEMENTARY INFORMATION for additional information regarding permittees.

This final rule makes inseason adjustments to commercial fishery management measures for several groundfish species taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks and to prevent exceeding 2010 optimum yields.

The National Marine Fisheries Service (NMFS) announces its intent to prepare a Programmatic Environmental Impact Statement (PEIS) to analyze the environmental impacts of implementing specific management actions and administering the associated research and enhancement program for Hawaiian monk seals (Monachus schauinslandi) in the Northwestern and Main Hawaiian Islands. Publication of this notice begins the official public scoping process that will help identify alternatives and determine the scope of environmental issues to be considered in the PEIS.

The Department of Commerce (``Department'') has determined that a request for a new shipper review (``NSR'') of the antidumping duty order on certain frozen warmwater shrimp (``shrimp'') from the Socialist Republic of Vietnam (``Vietnam''), received on August 26, 2010, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for this NSR is February 1, 2010-July 31, 2010.

The U.S. Department of Commerce (``the Department'') has determined that imports of seamless refined copper pipe and tube (``copper pipe and tube'') from Mexico are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 735 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are listed in the ``Continuation of Suspension of Liquidation'' section of this notice.

Notice is hereby given that National Ocean Service Marine Forensic Lab (NOS Lab, Julie Carter, Principal Investigator), 219 Fort Johnson Road, Charleston, SC 29412, has been issued a modification to scientific research Permit No. 13599.

Notice is hereby given of a meeting of the Marine Fisheries Advisory Committee (MAFAC). This will be the second meeting to be held in the calendar year 2010. Agenda topics are provided under the SUPPLEMENTARY INFORMATION section of this notice. All full Committee sessions will be open to the public.

NMFS is implementing Amendments 20 and 21 to the Pacific Coast Groundfish Fishery Management Plan (FMP), which were partially approved by the Secretary on August 9, 2010. Amendment 20 establishes a trawl rationalization program for the Pacific Coast groundfish fishery. Amendment 20's trawl rationalization program consists of: an individual fishing quota (IFQ) program for the shorebased trawl fleet (including whiting and non-whiting sectors); and cooperative (coop) programs for the at-sea (whiting only) mothership and catcher/processor trawl fleets. The trawl rationalization program is intended to increase net economic benefits, create individual economic stability, provide full utilization of the trawl sector allocation, consider environmental impacts, and achieve individual accountability of catch and bycatch. Amendment 21 establishes fixed allocations for limited entry trawl participants. These allocations are intended to improve management under the rationalization program by streamlining its administration, providing stability to the fishery, and addressing halibut bycatch. This rule finalizes only certain key components necessary for issuance of permits and endorsements in time for use in the 2011 fishery and in order to have the 2011 specifications reflect the new allocation scheme. Specifically, this rule establishes the allocations set forth under Amendment 21 and establishes procedures for initial issuance of permits, endorsements, quota shares (QS), and catch history assignments under the IFQ and coop programs. In addition, this rule restructures the entire Pacific Coast groundfish regulations to more closely track the organization of the proposed management measures and to make the total groundfish regulations more clear.