Department of Commerce 2010 – Federal Register Recent Federal Regulation Documents
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Mid-Atlantic Fishery Management Council (MAFMC); Meetings
The Mid-Atlantic Fishery Management Council (Council) and its Joint Spiny Dogfish Committee, its Ecosystems and Oceans Planning Committee, its Demersal and Coastal Migratory Committee, its Law Enforcement Committee, its Executive Committee, and its Squid, Mackerel, and Butterfish Committee will hold public meetings.
NIST Blue Ribbon Commission on Management and Safety-II
Pursuant to the Federal Advisory Committee Act (5 U.S.C. app.), the Director of the National Institute of Standards and Technology announces the establishment of the NIST Blue Ribbon Commission on Management and SafetyII ``Commission''. The Commission will assess NIST's progress in addressing the findings of the first NIST Blue Ribbon Commission and identify additional opportunities to strengthen management and safety at NIST. This Notice also provides notice of two open meetings of the Commission. Agendas for the meetings will be posted on the agency's Web site, https://www.nist.gov/director.
Announcing a Meeting of the Information Security and Privacy Advisory Board
The Information Security and Privacy Advisory Board (ISPAB) will meet Wednesday, November 3, 2010, from 9 a.m. until 4:30 p.m., Thursday, November 4, 2010, from 8:30 a.m. until 5 p.m., and Friday, November 5, 2010 from 8 a.m. until 12:30 p.m. All sessions will be open to the public.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 17B
The South Atlantic Fishery Management Council (Council) has submitted Amendment 17B 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 actions to specify annual catch limits (ACLs), and accountability measures (AMs) for nine snapper-grouper species, eight of which are undergoing overfishing; specify recreational and commercial allocations for golden tilefish; modify management measures to limit total mortality of each species to their respective ACLs; and add ACLs, ACTs, and AMs to the management measures that may be amended via the framework procedure. The actions contained in Amendment 17B are intended to address overfishing of eight snapper-grouper species while maintaining catch levels consistent with achieving optimum yield for all nine species included in the amendment.
Atlantic Highly Migratory Species; Atlantic Billfish Management, White Marlin (Kajikia albidus
This document combines two actions, an interpretive rule and a final action that both affect management of Atlantic billfishes. The interpretive rule adds the recently recognized species, roundscale spearfish (Tetrapturus georgii), to the definition of terms in the implementing regulations of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and the Atlantic HMS regulations. The final action will recognize the change of the genus of white marlin from Tetrapturus to Kajikia in the implementing regulations of the MSA and the Atlantic HMS regulations to reflect a recent taxonomic change. The intent of this interpretive rule and final action is to accurately and appropriately reflect the latest species determinations and taxonomic classification nomenclature, respectively. They will have no practical effect on management of Atlantic billfish.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska
NMFS is reopening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to fully use the C season allowance of the 2010 total allowable catch of pollock specified for Statistical Area 630 of the GOA.
Notice of Availability of a Draft NOAA Climate Service Strategic Vision and Framework for Public Review, and Notice of Informational Webinar Meetings
On February 8, 2010, the Department of Commerce and the National Oceanic and Atmospheric Administration (NOAA) announced their intent to establish a new NOAA Climate Service (NCS). The new service will directly support NOAA's vision of ``an informed society that uses a comprehensive understanding of the role of the oceans, coasts, and atmosphere in the global ecosystem to make the best social and economic decisions.'' It will also contribute to NOAA's mission ``to understand and anticipate changes in Earth's environment, and conserve and manage coastal and marine resources to meet our Nation's economic, social and environmental needs.'' The reorganization of existing agency assets is intended to help NOAA better work with our partners to respond to the growing demands for climate information from the public, business, industry, local, state and Federal agencies, and decision makers. As part of the process to establish a new NCS, NOAA recently completed a strategic vision and framework document that describes how NOAA proposes to respond to society's growing need for climate services. The document describes the vision and outlines how the NCS can achieve new strategic goals related to the delivery and development of reliable, timely, and authoritative climate science and service to enable a climate-resilient society to grow and prosper. NOAA will accept comments on the strategic vision from September 21 to midnight on October 18, 2010. A copy of the draft document and instructions on how to submit comments can be found at https:// www.noaa.gov/climate. NOAA is also hosting a series of informational webinars for individuals and organizations to learn more about the proposed NCS vision and timeline and to provide an opportunity for to answer questions, and obtain feedback. Each webinar is targeted to a specific sector, and will begin with a presentation from Dr. Chet Koblinsky, Director, NOAA Climate Program Office and Transitional Deputy Director, NOAA Climate service, and will be followed by a question and answer session.
Aluminum Extrusions From the People's Republic of China: Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination
The Department of Commerce (the Department) is aligning the final determination in the countervailing duty investigation of aluminum extrusions from the People's Republic of China (PRC) with the final determination in the companion antidumping duty investigation.
Certain Magnesia Carbon Bricks from the People's Republic of China: Countervailing Duty Order
Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (the ITC), the Department is issuing a countervailing duty order on certain magnesia carbon bricks (MCBs) from the People's Republic of China (PRC). On September 8, 2010, the ITC notified the Department of its affirmative determinations of material injury to a U.S. industry with respect to imports of MCBs from the PRC and Mexico. See Certain Magnesia Carbon Bricks from China and Mexico (Investigation Nos. 701- TA-468 and 731-TA-1166-1167 (Final), USITC Publication 4076, September 2010).
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Critical Circumstances, in Part
The Department of Commerce (``the Department'') has determined that certain seamless carbon and alloy steel standard, line, and pressure pipe from the People's Republic of China (``PRC'') 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 final dumping margins for this investigation are listed in the ``Final Determination Margins'' section below. The period covered by the investigation is January 1, 2009, through June 30, 2009 (the ``POI'').
Light-Walled Rectangular Pipe and Tube from the People's Republic of China: Final Results of the 2008-2009 Antidumping Duty Administrative Review
On May 14, 2010, the Department of Commerce (the ``Department'') published the preliminary results of the administrative review of the antidumping duty order on light-walled rectangular pipe and tube from the People's Republic of China (``PRC''), covering the period January 20, 2008, through July 31, 2009. See Light-Walled Rectangular Pipe and Tube from the People's Republic of China: Preliminary Results of the 2008-2009 Antidumping Duty Administrative Review, 75 FR 27308 (May 14, 2010) (``Preliminary Results''). We gave interested parties an opportunity to comment on the Preliminary Results. After reviewing the interested parties' comments, we made changes to our calculations for the final results of the review. The final dumping margin for this review is listed in the ``Final Results of Review'' section below.
Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People's Republic of China: Final Affirmative Countervailing Duty Determination, Final Affirmative Critical Circumstances Determination
The Department of Commerce (the ``Department'') has determined that countervailable subsidies are being provided to producers and exporters of seamless carbon and alloy steel standard, line, and pressure pipe (``seamless pipe'') from the People's Republic of China (``PRC''). For information on the estimated countervailing duty rates, please see the ``Suspension of Liquidation'' section, below.
Atlantic Highly Migratory Species; North and South Atlantic Swordfish Quotas
This final rule adjusts the North and South Atlantic swordfish quotas for the 2010 fishing year (January 1, 2010, through December 31, 2010) to account for 2009 underharvest and implement International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendations 09-02 and 09-03, which maintain the U.S. allocation of the international total allowable catch (TAC). This rule could affect commercial and recreational fishing for swordfish in the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico, by establishing annual quotas, although generally the levels of fishing effort and quota are expected to be similar to those previously published for the years 2008 through 2010.
Listing Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List Atlantic Bluefin Tuna as Threatened or Endangered under the Endangered Species Act
We, NMFS, announce a 90-day finding for a petition to list Atlantic bluefin tuna (Thunnus thynnus) as endangered or threatened under the Endangered Species Act (ESA) and to designate critical habitat concurrently with a listing. We find that the petition presents substantial scientific information indicating the petitioned action may be warranted. We will conduct a status review of Atlantic bluefin tuna to determine if the petitioned action is warranted. To ensure that the review is comprehensive, we solicit information pertaining to this species from any interested party.
Proposed Information Collection; Comment Request; Survey of Income and Program Participation (SIPP) Wave 9 of the 2008 Panel
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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Extension of Application Period for Seats for the Stellwagen Bank National Marine Sanctuary Advisory Council
The ONMS is extending the deadline and seeking applications for the following vacant seats on the Stellwagen Bank National Marine Sanctuary Advisory Council: Advisory Council: for member and alternate seats for Conservation; and alternates seats for Whalewatching, Education, At-Large and Mobile Gear Commercial Fishing. 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-to three-year terms, pursuant to the council's Charter.
Availability of Seats for the Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council
The ONMS is seeking applications for the following vacant seats on the Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council: Commercial Shipping, Whale Watching, Ocean Recreation, Business/Commerce, Citizen-at-Large, Conservation, Tourism, Lana`i Island Representative, and Moloka`i Island Representative. 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-year terms, pursuant to the council's charter.
Availability of Seats for the Fagatele Bay National Marine Sanctuary Advisory Council
The ONMS is seeking applications for the following vacant seats on the Fagatele Bay National Marine Sanctuary Advisory Council: Business/Industry, Tourism, Community-at-Large: Tutuila East Side, and Youth. 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 3-year terms, pursuant to the council's charter.
Performance Review Board Membership
Below is a listing of individuals who are eligible to serve on the Performance Review Board in accordance with the Economics and Statistics Administration's Senior Executive Service and Senior Professional Performance Management Systems:
Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Charter/Party Fishery Control Date
NMFS and the New England Fishery Management Council (Council) announce that they are seeking public comment on the reaffirmation of the current control date of March 30, 2006, in anticipation of developing a limited access program for the NE multispecies open access charter and party boat (charter/party) fishery. This component of the fishery includes vessels with open access charter/party permits, as well as limited access NE multispecies permits, while not on a NE multispecies day-at-sea (DAS) or fishing under the sector management program. The Council has not made a determination that limiting the number of participants in this fishery is necessary, but reaffirming the current control date keeps the stakeholders informed of possible future consideration of the issue and promotes awareness of potential eligibility criteria for future access so as to discourage speculative entry into the fishery, while the Council considers whether and how access to the charter/party fishery should be controlled. By this notification, NMFS reaffirms, on behalf of the Council, that March 30, 2006, may be used as a ``control date'' to establish eligibility criteria for determining levels of future access to the fishery.
Atlantic Highly Migratory Species; 2011 Commercial Fishing Season and Adaptive Management Measures for the Atlantic Shark Fishery
This proposed rule would establish opening dates and adjust quotas for the 2011 fishing season for sandbar sharks, non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks. Quotas will be adjusted based on the framework established in Amendment 2 to the 2006 Consolidated Highly Migratory Species Fishery Management Plan, which requires adjustments for any over- and/or underharvests experienced during the 2009 and 2010 Atlantic commercial shark fishing seasons. In addition to establishing opening dates and adjusting annual quotas, this proposed rule analyzes adaptive management measures, such as various opening dates for the fishing season as well as allowing adjustments through inseason actions in the allowable number of fish that can be taken via trip limits, to provide flexibility in management in furtherance of equitable fishing opportunities to the extent practicable for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the Atlantic and Gulf of Mexico.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2011 Research Fishery
NMFS announces its request for applications for the 2011 shark research fishery from commercial shark fishermen with a directed or incidental limited access permit. The shark research fishery allows for the collection of fishery-dependent data for future stock assessments while also allowing NMFS and commercial fishermen to conduct cooperative research to meet the shark research objectives for the Agency. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery permittees may also land non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks. Commercial vessels not participating in the shark research fishery may only land only non-sandbar LCS, SCS, and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application in order to be considered.
New England and Mid-Atlantic Fishery Management Councils; Amendment 5 to the Monkfish Fishery Management Plan
This supplemental notice is to alert the interested public of the New England Fishery Management Council's (Council) intent to change the level of NEPA analysis for Amendment 5 to the Monkfish Fishery Management Plan (FMP) from an Environmental Impact Statement (EIS) to an EA and to provide for public comment on this course of action. The primary purpose of Amendment 5 is to address the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requirements for annual catch limits (ACLs) and accountability measures (AMs), to set multi-year specifications of days-at-sea (DAS) and trip limits, and to make other adjustments to measures in the FMP.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures
NMFS issues this advance notice of proposed rulemaking (ANPR) to provide background information and request public comment on potential adjustments to the regulations governing the U.S. Atlantic shark fishery to address several specific issues currently affecting management of the shark fishery and to identify specific goals for management of fishery in the future. NMFS is requesting public comment regarding the potential implementation of changes to the quota and/or permit structure that are currently in place for the Atlantic shark fishery. NMFS is also requesting comments on the implementation of programs such as catch shares, limited access privilege programs (LAPPs), individual fishing quotas (IFQs), and/or sectors for the Atlantic shark fishery.
Direct Investment Surveys: BE-11, Annual Survey of U.S. Direct Investment Abroad
This proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to set forth the reporting requirements for the BE-11, Annual Survey of U.S. Direct Investment Abroad. The survey is conducted annually and is a sample survey that obtains financial and operating data covering the overall operations of U.S. parent companies and their foreign affiliates. BEA proposes to amend the BE-11 forms and instructions to bring them into conformity with the 2009 BE-10, Benchmark Survey of U.S. Direct Investment Abroad. These amendments include changes in form design and reporting thresholds, as well as changes in the data items collected. The proposed changes also include a change in the reporting criteria for foreign affiliates with U.S. Parent (U.S. Reporter) ownership between 10 and 20 percent.
Certain Magnesia Carbon Bricks From Mexico and the People's Republic of China: Antidumping Duty Orders
Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing antidumping duty orders on certain magnesia carbon bricks (MCB) from Mexico and the People's Republic of China (PRC). On September 8, 2010, the ITC notified the Department of its affirmative determinations of material injury to a U.S. industry. See Certain Magnesia Carbon Bricks from China and Mexico (Investigation Nos. 701-TA-468 and 731-TA-1166-1167 (Final), USITC Publication 4182, September 2010).
Request for Comments on Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System
The United States Patent and Trademark Office (USPTO) is considering pro-business strategies for incentivizing the development and widespread distribution of technologies that address humanitarian needs. One proposal being considered is a fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs. Because patents under reexamination are often the most commercially significant patents, a fast-track reexamination proceeding would allow patent owners to more readily and less expensively affirm the validity of their patents. Therefore, the opportunity to utilize a voucher for a fast-track reexamination proceeding could provide a valuable incentive for entities to pursue humanitarian technologies or licensing. The USPTO is requesting comments from the public regarding this proposal as well as other incentive proposals set forth in this notice.
American Community Survey 5-Year Data Product Plans
The Bureau of the Census (Census Bureau) currently releases American Community Survey (ACS) data products in the form of 1-year estimates and 3-year estimates. Most recently, the 2008 ACS 1-year estimates were released in September 2009, and the 2006-2008 ACS 3-year estimates were released in October 2009. By this notice, the Census Bureau announces plans for the release of ACS 5-year data products covering the period of 2005-2009. The release of the ACS 5-year estimates will achieve a goal of the ACS to provide small-area data similar to the data published after Census 2000, based on the long-form sample. This notice provides general information on the Census Bureau's modifications to its current line of ACS data products to accommodate the 5-year estimates.
New Policy Announcing That Traditional Horizontal Survey Projects Performed With Terrestrial Survey Techniques Will No Longer Be Accepted for Processing or Loading Into NGS Databases
Beginning January 1, 2011 the National Geodetic Survey (NGS) will cease accepting data, all orders and classes, from triangulation and traverse geodetic surveys as they are described in the Federal Geodetic Control Committee September 1984 ``Standards and Specifications for Geodetic Control Networks'' for inclusion into the NGS Integrated Data Base (NGSIDB).
Solicitation of Nominations for Membership on the Civil Nuclear Trade Advisory Committee
The Department of Commerce is currently seeking nominations for membership on the Civil Nuclear Trade Advisory Committee (CINTAC). The purpose of the CINTAC is to advise the Secretary regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable United States regulations.
Magnesium Metal From the Russian Federation: Final Results of Antidumping Duty Administrative Review
On May 13, 2010, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on magnesium metal from the Russian Federation. The review covers two manufacturers/exporters, PSC VSMPO-AVISMA Corporation (AVISMA) and Solikamsk Magnesium Works (SMW). The period of review (POR) is April 1, 2008, through March 31, 2009. Based on our analysis of the comments received we have made no changes in the margin for AVISMA. Therefore, the final results do not differ from the preliminary results. The final margin for AVISMA is listed below in the section entitled ``Final Results of the Review.''
Certain Pasta From Italy: Notice of Initiation of Changed Circumstances Review and Consideration of Revocation of Order, in Part
On July 29, 2010, the Department of Commerce (``Department'') received a request from H.J. Heinz Company (``Heinz''), an importer of subject merchandise, for a changed circumstances review and a request to revoke, in part, the countervailing duty order on certain pasta from Italy with respect to gluten-free pasta. Based on sufficient evidence submitted by Heinz, and in accordance with sections 751(b)(1) and (d)(1) of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 351.216, the Department has determined that changed circumstances sufficient to warrant a review exist. Interested parties are invited to submit comments, as provided below.
Narrow Woven Ribbons With Woven Selvedge From Taiwan and the People's Republic of China: Amended Antidumping Duty Orders
Notice of amended antidumping duty orders.
Certain Frozen Warmwater Shrimp From the People's Republic of China: Extension of Preliminary Results of Antidumping Duty Administrative Review
The Department of Commerce (``Department'') is extending the time limit for the preliminary results of the administrative review of certain frozen warmwater shrimp from the People's Republic of China (``PRC''). The review covers the period February 1, 2009, through January 31, 2010.
Malcolm Baldrige National Quality Award Board of Overseers
Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app., notice is hereby given that there will be a meeting of the Board of Overseers of the Malcolm Baldrige National Quality Award on December 7, 2010. The Board of Overseers is composed of 12 members prominent in the fields of quality, innovation, and performance management and appointed by the Secretary of Commerce, assembled to advise the Secretary of Commerce on the conduct of the Baldrige Award. The purpose of this meeting is to discuss and review information received from the National Institute of Standards and Technology and from the Chair of the Judges Panel of the Malcolm Baldrige National Quality Award. The agenda will include: Report from the Judges' Panel, Baldrige Program (BNQP) Update, Baldrige Fellows Program Status Report, Baldrige Program Changes in 2011, and Recommendations for the NIST Director.
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