Department of Commerce 2010 – Federal Register Recent Federal Regulation Documents

NMFS issues this proposed rule to implement Amendment 17B 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, for South Atlantic snapper-grouper, establish annual catch limits (ACLs), and accountability measures (AMs) for eight snapper- grouper species undergoing overfishing; modify management measures to limit total mortality of those species to the ACL; and add ACLs, annual catch targets (ACTs), and AMs to the management measures that may be amended via the framework procedure. This proposed rule is intended to address overfishing of eight snapper-grouper species while maintaining catch levels consistent with achieving optimum yield.

On September 28, 2010, a notice was published in the Federal Register (75 FR 59687) on the proposed information collection, Comprehensive Data Collection on Fishing Dependence of Alaska Communities. Under the heading FOR FURTHER INFORMATION CONTACT, the e-mail address is corrected to read Amber.Himes@noaa.gov. All other information in the notice is correct and remains unchanged.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/MPA/Ecosystem Committee and Plan Development Team in October 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.

This notice updates information relative to the SEDAR 21 assessments of the HMS stocks of sandbar, dusky, and blacknose sharks will consist of a series of workshops and webinars: a Data Workshop, a series of Assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

Seven Technical Advisory Committees (TACs) advise the Department of Commerce on the technical parameters for export controls applicable to dual-use commodities and technology and on the administration of those controls. The TACs are composed of representatives from industry representatives, academic leaders and U.S. Government representing diverse points of view on the concerns of the exporting community. Industry representatives are selected from firms producing a broad range of goods, technologies, and software presently controlled for national security, non-proliferation, foreign policy, and short supply reasons or that are proposed for such controls, balanced to the extent possible among large and small firms. TAC members are appointed by the Secretary of Commerce and serve terms of not more than four consecutive years. The membership reflects the Department's commitment to attaining balance and diversity. TAC members must obtain secret-level clearances prior to appointment. These clearances are necessary so that members may be permitted access to the classified information needed to formulate recommendations to the Department of Commerce. Each TAC meets approximately four times per year. Members of the Committees will not be compensated for their services. The seven TACs are responsible for advising the Department of Commerce on the technical parameters for export controls and the administration of those controls within the following areas: Information Systems TAC: Control List Categories 3 (electronics), 4 (computers), and 5 (telecommunications and information security); Materials TAC: Control List Category 1 (materials, chemicals, microorganisms, and toxins); Materials Processing Equipment TAC: Control List Category 2 (materials processing); Regulations and Procedures TAC: The Export Administration Regulations (EAR) and Procedures for implementing the EAR; Sensors and Instrumentation TAC: Control List Category 6 (sensors and lasers); Transportation and Related Equipment TAC: Control List Categories 7 (navigation and avionics), 8 (marine), and 9 (propulsion systems, space vehicles, and related equipment) and Emerging Technology and Research Advisory Committee: (1) The identification of emerging technologies and research and development activities that may be of interest from a dual-use perspective; (2) the prioritization of new and existing controls to determine which are of greatest consequence to national security; (3) the potential impact of dual-use export control requirements on research activities; and (4) the threat to national security posed by the unauthorized exports of technologies. To respond to this recruitment notice, please send a copy of your resume to Ms. Yvette Springer at Yspringer@bis.doc.gov. Deadline: This Notice of Recruitment will be open for one year from its date of publication in the Federal Register.

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.

NMFS amends the framework regulations specifying procedures for implementing fishing capacity reduction programs (reduction programs) in accordance with the Magnuson-Stevens Fishery Conservation and Management (Magnuson-Stevens) Reauthorization Act of 2007. A reduction program pays harvesters in a fishery that has more vessels than capacity either to surrender their fishing permits including relevant fishing histories for that fishery, or surrender all their fishing permits and cancel their fishing vessels' fishing endorsements by permanently withdrawing the vessel from all fisheries. The cost of the program can be paid by post-reduction harvesters, taxpayers, or others. The intent of a program is to decrease the number of harvesters in the fishery, increase the economic efficiency of harvesting, and facilitate the conservation and management of fishery resources in each fishery in which NMFS conducts a reduction program.

The Technology Innovation Program Advisory Board, National Institute of Standards and Technology (NIST) will meet in open session on Tuesday, November 2, 2010, from 8:30 a.m. to 3:15 p.m. Eastern daylight savings time.

On June 10, 2010, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on circular welded carbon steel pipes and tubes from Taiwan. See Preliminary Results of Antidumping Duty Administrative Review: Circular Welded Carbon Steel Pipes and Tubes From Taiwan, 75 FR 32911 (June 10, 2010) (Preliminary Results). This review covers one company, Yieh Phui Enterprise Co., Ltd. (Yieh Phui). Based on our analysis of the comments received, we have made no changes from the Preliminary Results. We have listed the final dumping margin below in the section entitled ``Final Results of Review.''

On June 2, 2010, the Department of Commerce (``the Department'') initiated the second sunset review of the countervailing duty order (``CVD'') on stainless steel sheet and strip in coils from the Republic of Korea (``Korea'') 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.

On June 2, 2010, the Department of Commerce (the Department) initiated second sunset reviews of the antidumping duty orders on certain stainless steel sheet and strip in coils from Germany, Italy, Japan, the Republic of Korea (Korea), Mexico, and Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted expedited (120-day) sunset reviews for the Germany, Japan, Korea, and Taiwan antidumping duty orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2).\1\ 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.

The Pacific Fishery Management Council (Council) will hold public hearings on development of community fishing association (CFAs) provisions for its groundfish trawl catch share plan, which was adopted through Amendments 20 and 21 to the groundfish FMP and is scheduled for implementation at the start of 2011. The Council will address this issue at its November 3-9, 2010 Council meeting, in Costa Mesa, CA.

The Department of Commerce (``Department'') has determined that a request for a new shipper review (``NSR'') of the antidumping duty order on uncovered innerspring units from the People's Republic of China (``PRC''), received on August 20, 2010, meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for this NSR is February 1, 2010, through July 31, 2010. The request was filed on behalf of Foshan Nanhai Jiujiang Quan Li Spring Hardware Factory (``Quan Li'') and Foshan Yongnuo Import & Export Co. Ltd (``Yongnuo''). Quan Li is the producer of subject merchandise and Yongnuo is the exporter. Therefore, subject merchandise that is produced by Quan Li and exported by Yongnuo is the subject of this NSR. In this instance, Yongnuo's sale of subject merchandise was made during the POR specified by the Department's regulations but the shipment entered four days after the end of that POR. The Department finds that extending the POR to capture this entry would not prevent the completion of the review within the time limits set by the Department's regulations. Therefore, the Department has extended the POR for the new shipper review of Yongnuo by four days.

A Foods 1991 Co., Limited (A Foods) has requested a changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp from Thailand pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b). The Department of Commerce (the Department) is initiating this changed circumstances review and issuing this notice of preliminary results pursuant to 19 CFR 351.221(c)(3)(ii). We have preliminarily determined that A Foods is the successor-in-interest to May Ao Company Limited (May Ao).

We, the National Marine Fisheries Service (NMFS), announce our 90-day finding and 12-month determination on how to proceed with a petition to revise critical habitat for the North Atlantic right whale (Eubalaena glacialis) pursuant to the Endangered Species Act of 1973, as amended (ESA). The petition seeks to revise the existing critical habitat designation by expanding the areas designated as critical feeding and calving habitat areas for the North Atlantic right whale. Additionally, the petition seeks to include a migratory corridor as part of the critical habitat designation for the North Atlantic right whale. Our 90-day finding is that the petition, in conjunction with the information readily available in our files, presents substantial scientific information indicating that the requested revision may be warranted. Our 12-month determination on how to proceed with the petition is that we intend to continue our ongoing rulemaking process with the expectation that a proposed critical habitat rule for the North Atlantic right whale will be submitted to the Federal Register for publication in the second half of 2011.

On June 2, 2010, the Department of Commerce (the Department) initiated first sunset reviews of the antidumping duty orders on purified carboxymethylcellulose (CMC) from, inter alia, Finland, the Netherlands, and Sweden, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted expedited (120-day) sunset reviews of the Finland, the Netherlands, and Sweden antidumping duty orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2).\1\ 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.

NMFS issues an inseason adjustment prohibiting directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) 36 hours after opening directed fishing for pollock, effective 2400 hrs, Alaska local time (A.l.t.), October 2, 2010. This adjustment is necessary to manage the pollock total allowable catch limit in Statistical Area 630 of the GOA.

The Bureau of Industry and Security (BIS) is publishing a notice of inquiry to solicit comments from the public regarding small and medium enterprises' (SMEs) understanding of and compliance with export controls maintained pursuant to the Export Administration Regulations (EAR). BIS anticipates that input from the public will help it administer and enforce export controls in a manner consistent with U.S. national security while facilitating and even increasing legitimate trade involving SMEs and the exporting community in general.

SEDAR will hold a meeting of the spiny lobster update assessment review panel. The meeting will be held in Key West, FL. See SUPPLEMENTARY INFORMATION.

In 2007, a Status Review Team (SRT) consisting of Federal biologists from NMFS, U.S. Geological Survey (USGS), and U.S. Fish and Wildlife Service (USFWS) completed a status review report on Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) in the United States. We, NMFS, have reviewed this status review report and all other best available information to determine if listing Atlantic sturgeon under the Endangered Species Act (ESA) as either threatened or endangered is warranted. The SRT recommended that Atlantic sturgeon in the United States be divided into the following five distinct population segments (DPSs): Gulf of Maine; New York Bight; Chesapeake Bay; Carolina; and South Atlantic, and we agree with this DPS structure. After reviewing the available information on the Carolina and South Atlantic DPSs, the two DPSs located within the NMFS Southeast Region, we have determined that listing these two DPSs as endangered is warranted. Therefore, we propose to list these two DPSs as endangered under the ESA. We have published a separate listing determination for the DPSs within the NMFS Northeast Region in today's Federal Register.