Department of Commerce March 2011 – Federal Register Recent Federal Regulation Documents

The National Oceanic and Atmospheric Administration (NOAA) has established and is soliciting applications for membership on the United States Integrated Ocean Observing System Advisory Committee (the Committee), a Federal advisory committee. The Integrated Coastal and Ocean Observation System (ICOOS) Act of 2009 establishes a national integrated System of ocean, coastal, and Great Lakes observing systems, comprised of Federal and non-Federal components including in situ, remote, and other coastal and ocean observation, technologies, and data management and communication systems. The System is designed to address regional and national needs for ocean information; to gather specific data on key coastal, ocean, and Great Lakes variables; and to ensure timely and sustained dissemination and availability of these data to support a variety of societal benefits. These benefits include supporting national defense; marine commerce; navigation safety; weather, climate, and marine forecasting; energy siting and production; economic development; ecosystem-based management of marine and coastal areas; conservation of ocean and coastal resources; and public safety. The System is also designed to promote research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies and modeling systems. The ICOOS Act also requires the Under Secretary of Commerce for Oceans and Atmosphere to establish a System advisory committee to provide advice to the Under Secretary and to the Interagency Ocean Observation Committee, which is responsible for planning for the integrated design, operation, maintenance, enhancement, and expansion of the System. NOAA will hereby accept applications for membership on the Committee through May 16, 2011. The ICOOS Act of 2009 states: ``Members shall be qualified by education, training, and experience to evaluate scientific and technical information related to the design, operation, maintenance, or use of the [Integrated Ocean Observing] System, or use of data products provided though the System.'' NOAA encourages individuals with expertise in oceanographic data, products, and services; coastal management; fisheries management; coastal and marine spatial planning; geodesy; water levels; and other science-related fields to submit applications for Committee membership. To apply for membership on the Committee, applicants should submit a resume as indicated in the ADDRESSES section. NOAA is an equal-opportunity employer.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the ACE Basin (South Carolina) National Estuarine Research Reserve and the Georgia Coastal Management Program. The National Estuarine Research Reserve evaluation will be conducted pursuant to sections 312 and 315 of the CZMA and regulations at 15 CFR part 921, subpart E and part 923, subpart L. Evaluation of a National Estuarine Research Reserve requires findings concerning the extent to which a State has met the national objectives, adhered to its Reserve final management plan approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. The Coastal Zone Management Program evaluation will be conducted pursuant to section 312 of the Coastal Zone Management Act of 1972, as amended (CZMA) and regulations at 15 CFR part 923, subpart L. The CZMA requires continuing review of the performance of States with respect to coastal program implementation. Evaluation of a Coastal Management Program requires findings concerning the extent to which a State has met the national objectives, adhered to its Coastal Management Program document approved by the Secretary of Commerce, and adhered to the terms of financial assistance awards funded under the CZMA. Each evaluation will include a site visit, consideration of public comments, and consultations with interested Federal, State, and local agencies and members of the public. A public meeting will be held as part of the site visit. When the evaluation is completed, OCRM will place a notice in the Federal Register announcing the availability of the Final Evaluation Findings. Notice is hereby given of the dates of the site visits for the listed evaluations and the dates, local times, and locations of the public meetings during the site visits. Date and Time: The ACE Basin (South Carolina) National Estuarine Research Reserve evaluation site visit will be held May 2-6, 2011. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 4, 2011, at 6:30 p.m. local time in the conference room at the Environmental Learning Center, Edisto Island State Park, Oyster Row Lane, Edisto Island, South Carolina. The Georgia Coastal Management Program evaluation site visit will be held May 23-27, 2011. One public meeting will be held during the week. The public meeting will be held on Wednesday, May 25, 2011, at 5:30 p.m. local time at the Shipman Environmental Center at the Georgia Department of Natural Resources Coastal Resources Division, One Conservation Way, Brunswick, Georgia.

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty order on polyvinyl alcohol (PVA) from Taiwan.

The SEDAR assessments of the South Atlantic stock of black sea bass and golden tilefish will consist of a series of three workshops: A Data Workshop, an Assessment Workshop, and a Review Workshop. The Review Workshop date, time, and location will publish in a subsequent issue in the Federal Register.

NMFS issues this temporary rule pursuant to its authority to issue emergency measures under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This emergency action increases the butterfish allowable biological catch (ABC) for the 2011 fishing year from 1,500 mt to 1,811 mt, and applies the increase to the butterfish mortality cap in the Loligo squid fishery, based on the most recent and best available scientific information.

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)).

As part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, U.S. Department of Commerce has submitted a Generic Information Collection Request (Generic ICR): ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery'' to OMB for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. seq.).

On March 1, 2011, the United States Court of International Trade (``CIT'') sustained in an unpublished judgment the Department of Commerce's (``the Department'') final results of redetermination as applied to respondent Shenzhen Greening Trading Co., Ltd. (``Greening'') pursuant to the CIT's order granting the Department's voluntary remand request in Shandong Chenhe International Trading Co., Ltd. and Shenzhen Greening Trading Co., Ltd. v. United States, Court No. 09-00246 (Ct. Int'l Trade April 22, 2010). See Final Results of Redetermination Pursuant to Voluntary Remand, Court No. 09-00246, dated July 30, 2010, available at https://ia.ita.doc.gov/remands (``Remand Results''); Shandong Chenhe International Trading Co., Ltd. and Shenzhen Greening Trading Co., Ltd. v. United States, Court No. 09- 00246 (Ct. Int'l Trade March 1, 2011) (``Judgment''). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results and is amending the final results of the administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC'') covering the period of review (``POR'') of November 1, 2006, through October 31, 2007 with respect to Greening. See Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 13th Antidumping Duty Administrative Review and New Shipper Reviews, 74 FR 29174 (June 19, 2009) (``Final Results''), and accompanying Issues and Decision Memorandum at Comment 11.

NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 2 to the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP) for Secretarial review. Amendment 2 would modify the current suite of management unit species, establish a new category of ecosystem component species, modify the process for revising numerical estimates of maximum sustainable yield and optimal yield, and specify status determination criteria so that overfishing and overfished determinations can be made for all management unit species.

The North Pacific Fishery Management Council submitted Amendment 34 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs to NMFS for review. If approved, Amendment 34 would amend the Bering Sea and Aleutian Islands Crab Rationalization Program to exempt additional recipients of crab quota share from Gulf of Alaska Pacific cod and pollock harvest limits, called sideboards, which apply to some vessels and license limitation program licenses that are used to participate in these fisheries. The North Pacific Fishery Management Council determined that these additional recipients demonstrated a sufficient level of historical participation in Gulf of Alaska Pacific cod or pollock fisheries, and that they should be exempt from the current sideboards. This action is necessary to give these recipients an opportunity to participate in the Gulf of Alaska Pacific cod and pollock fisheries at historical levels. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, and other applicable laws.

Notice is hereby given that Craig Matkin, North Gulf Oceanic Society, Homer, AK, has been issued a permit to conduct research on marine mammals.

As a result of the determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty order on porcelain- on-steel cooking ware (``POS cookware'') from the People's Republic of China (``PRC'') would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.

The Western Pacific Fishery Management Council (Council) will hold a Western Pacific Stock Assessment Review (WPSAR).

The National Oceanic and Atmospheric Administration (NOAA) is preparing a preliminary plan to review its existing significant regulations in response to the President's Executive Order 13563 on Improving Regulation and Regulatory Review. The purpose of NOAA's review is to make the agency's regulatory program more effective and less burdensome in achieving its regulatory objectives by identifying those regulations that should be modified, streamlined, expanded or repealed. NOAA is asking for ideas and information from the public in preparing its preliminary plan explaining how it will conduct such a review.

On March 1, 2011, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) results of redetermination as applied to PSC VSMPO-AVISMA Corporation (VSMPO-AVISMA) pursuant to the CIT's remand order in PSC VSMPO-Avisma Corp. v. United States, 724 F. Supp. 2d 1308 (CIT 2010) (AVISMA II). The Department is notifying the public that the final CIT judgment in this case is not in harmony with the Department's final determination and is amending the final results of the administrative review of the antidumping duty order on magnesium metal from the Russian Federation covering the period of review April 1, 2006, through March 31, 2007 with respect to VSMPO-AVISMA.

This final rule revises the annual number of allowable incidental interactions that may occur between the Hawaii-based shallow-set pelagic longline fishery and loggerhead sea turtles. The U.S. District Court for the District of Hawaii issued an Order that directs NMFS to revise the annual interaction limit for loggerhead turtles from 46 to 17. The intent of this final rule is to ensure that the regulations promulgate the revised limit as required by the Court Order.

The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings in Anchorage, AK.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2011 Pacific cod total allowable catch allocated to catcher vessels less than 60 feet LOA using hook-and-line or pot gear in the BSAI.

NMFS is reopening the comment period to provide additional opportunity for public comment on the proposed rule that would implement a seasonal closure for the Gulf of Mexico (Gulf) greater amberjack recreational sector. The reopening of the comment period is to ensure that the public fully understands the intent of the greater amberjack regulatory amendment. NMFS is reopening the comment period for the proposed rule on March 10, 2011 and it will remain open through March 25, 2011. The intended effect of the proposed rule is to mitigate the social and economic impacts associated with implementing in-season closures.