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

The Gulf of Mexico Fishery Management Council will convene a meeting of the Ad Hoc Red Snapper Individual Fishing Quota (IFQ) 5-year Review Panel.

The Stock Assessment Review (STAR) Panels will hold work sessions to review stock assessments for widow rockfish and spiny dogfish, sablefish and Dover sole, and greenspotted rockfish and blackgill rockfish, which are open to the public.

In response to requests from petitioner Aqualon Company, a unit of Hercules Incorporated and a U.S. manufacturer of purified carboxymethylcellulose, and Akzo Nobel Functional Chemicals B.V., the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on purified carboxymethylcellulose (CMC) from the Netherlands. This administrative review covers imports of subject merchandise produced and exported by Akzo Nobel Functional Chemicals B.V. during the period of review (POR) of July 1, 2009, through June 30, 2010. We preliminarily determine that sales of subject merchandise by Akzo Nobel Functional Chemicals B.V. were made at less than normal value during the period of review. If these preliminary results are adopted in our final results of administrative review, we will issue appropriate assessment instructions to U.S. Customs and Border Protection (CBP). Interested parties are invited to comment on these preliminary results. Parties who submit argument in this review are requested to submit with the argument: (1) A statement of the issues; (2) a brief summary of the argument; and (3) a table of authorities.

NMFS announces that the New England Fishery Management Council (Council) has submitted Amendment 3 to the Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP) (Amendment 3), incorporating a draft Environmental Assessment (EA) and an Initial Regulatory Flexibility Analysis (IRFA), for review by the Secretary of Commerce. NMFS is requesting comments from the public on Amendment 3, which was developed by the Council to bring the FMP into compliance with the annual catch limit (ACL) and accountability measure (AM) requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).

On December 15, 2010, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain circular welded non- alloy steel pipe from Mexico. See Certain Circular Welded Non-Alloy Steel Pipe From Mexico: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 78216 (December 15, 2010) (Preliminary Results). This administrative review covers mandatory respondents Mueller Comercial de Mexico, S. de R.L. de C.V., and Southland Pipe Nipples Company, Inc., (Mueller) and Ternium Mexico, S.A. de C.V. (Ternium). Tuberia Nacional, S.A. de C.V. (TUNA) was subject to a concurrent changed circumstances review of this order; in its changed circumstances review, the Department determined that Lamina y Placa Comercial, S.A. de C.V. (Lamina) is the successor-in-interest to TUNA. See Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 75 FR 82374 (December 30, 2010). Because the determination was made after the Preliminary Results and the parties refer to this entity as TUNA in their case and rebuttal briefs, we continue to refer to this entity as TUNA for these final results so as to avoid confusion. The period of review (POR) is November 1, 2008, through October 31, 2009. We determine that sales of subject merchandise have been made at less than normal value (NV). One of the companies, Ternium, refused to cooperate with the Department in this administrative review. We have calculated a dumping margin for Mueller. We determine that TUNA had no reviewable sales, shipments, or entries during the POR. The Department's review of import data supported TUNA's claim of no shipments during the POR (see ``TUNA's No-Shipment Claim'' section of this notice for further explanation). As a result of our analysis of the comments received, these final results differ from the Preliminary Results. For our final results, we find that Ternium and Mueller made sales of subject merchandise at less than NV. We have listed the final dumping margin below in the section entitled ``Final Results of Review.''

On December 14, 2010, the Department of Commerce (the ``Department'') published the preliminary results of the administrative review of the antidumping duty order on circular welded non-alloy steel pipe (``CWP'') from the Republic of Korea (``Korea''), covering the period November 1, 2008, through October 31, 2009. This review covers six producers/exporters of the subject merchandise to the United States: SeAH Steel Corporation (``SeAH''); Husteel Co., Ltd. (``Husteel''); Nexteel Co. Ltd. (``Nexteel''); Hyundai HYSCO; Kumkang Industrial Co., Ltd.; and A-JU Besteel Co., Ltd. SeAH, Husteel, and Nexteel were the three mandatory respondents. We gave the interested parties an opportunity to comment on the preliminary results. Based on our analysis of the comments received, we have made changes to the margin calculations. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of Review.''

On January 14, 2011, the Department of Commerce (the Department) published in the Federal Register the preliminary results of administrative review of the antidumping duty order on hand trucks and certain parts thereof from the People's Republic of China (PRC). See Hand Trucks and Certain Parts Thereof from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind in Part, 76 FR 2648 (January 14, 2011) (Preliminary Results). Based upon our analysis of the comments, we made changes to the margin calculations for the final results.

The National Marine Fisheries Service (NMFS) proposes to require replacement of currently required Mobile Transmitting Unit (MTU) Vessel Monitoring System (VMS) units with Enhanced Mobile Transmitting Unit (E-MTU) VMS units in Atlantic HMS fisheries; implement a declaration system that requires vessels to declare target fishery and gear type(s) possessed on board; and require that a qualified marine electrician install all E-MTU VMS units. This proposed rulemaking would remove dated MTU VMS units from service in Atlantic HMS fisheries, make Atlantic HMS VMS requirements consistent with other VMS-monitored Atlantic fisheries, provide the National Marine Fisheries Service Office of Law Enforcement (NMFS Enforcement) with enhanced communication with HMS vessels at sea. This rule would affect all HMS pelagic longline (PLL), bottom longline (BLL), and shark gillnet fishermen who are currently required to have VMS onboard their vessels.

NMFS issues regulations to implement Amendment 37 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). This action amends the Bering Sea/Aleutian Islands Crab Rationalization Program by establishing a process for eligible contract signatories to request that NMFS exempt holders of West-designated individual fishing quota (IFQ) and individual processor quota (IPQ) in the Western Aleutian Islands golden king crab fishery from the West regional delivery requirements. Federal regulations require West- designated golden king crab IFQ to be delivered to a processor in the West region of the Aleutian Islands with an exact amount of unused West-designated IPQ. However, sufficient processing capacity may not be available each season. This rule is necessary to prevent disruption to the Western Aleutian Islands golden king crab fishery, while providing for the sustained participation of municipalities in the region. This action is intended to promote the goals and objectives of the Magnuson- Stevens Fishery Conservation and Management Act, the FMP, and other applicable law.

In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that NMFS has issued a one-year Letter of Authorization (LOA) to take marine mammals incidental to the explosive removal of offshore oil and gas structures (EROS) in the Gulf of Mexico.

NMFS has evaluated the joint resource management plan (RMP) for harvest of Puget Sound Chinook salmon provided by the Puget Sound Treaty Tribes and the Washington Department of Fish and Wildlife (WDFW) pursuant to the protective regulations promulgated for Puget Sound Chinook salmon under Limit 6 of the Endangered Species Act (ESA) for salmon and steelhead. The RMP specifies the future management of commercial, recreational, subsistence and Tribal salmon fisheries potentially affecting listed Puget Sound Chinook salmon from May 1, 2011, through April 30, 2014. This document serves to notify the public that NMFS, by delegated authority from the Secretary of Commerce, has determined pursuant to the Tribal rule and the government-to- government processes therein that implementing and enforcing the RMP from May 1, 2011, through April 30, 2014, will not appreciably reduce the likelihood of survival and recovery of the Puget Sound Chinook salmon Evolutionarily Significant Unit (ESU).

The SEDAR 25 assessments of the South Atlantic black sea bass and golden tilefish will consist of a series of workshops and webinars: this notice is for webinars associated with the Assessment portion of the SEDAR process. See SUPPLEMENTARY INFORMATION.

The Department of Commerce (``the Department'') is conducting an administrative review (``AR'') and a new shipper review (``NSR'') of the antidumping duty order on folding metal tables and chairs from the People's Republic of China (``PRC''). The period of review (``POR'') for both reviews is June 1, 2009, through May 31, 2010. The 2009-2010 administrative review covers Feili Group (Fujian) Co., Ltd. and Feili Furniture Development Limited Quanzhou City (collectively, ``Feili''), New-Tec Integration (Xiamen) Co., Ltd. (``New-Tec''), and Lifetime Hong Kong Ltd. (``Lifetime''). The NSR covers Xinjiamei Furniture (Zhangzhou) Co., Ltd. (``Xinjiamei Furniture''). We have preliminarily determined that Feili and New-Tec did not make sales in the United States at prices below normal value (``NV'') during the period of review (``POR'') but that Xinjiamei Furniture did. If these preliminary results are adopted in our final results of these reviews, we will instruct U.S. Customs and Border Protection (``CBP'') to liquidate entries of merchandise exported by Feili and New-Tec during the POR without regard to antidumping duties with respect to the AR, and we will instruct CBP to assess antidumping duties on entries of subject merchandise during the POR for which the importer-specific assessment rates are above de minimis. We invite interested parties to comment on these preliminary results. We intend to issue the final results no later than 120 days from the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the Act'').

Notice is hereby given that a permit has been issued to Wild Horizons LTD, 59 Cotham Hill, Cotham, Bristol, BS6 6JR, United Kingdom to conduct commercial/educational photography.

Notice is hereby given that a major amendment to Permit No. 14326 has been issued to NMFS National Marine Mammal Laboratory, Seattle, WA.

As a result of the determination by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that termination of the suspended antidumping duty investigation on certain hot-rolled flat-rolled carbon quality steel products (``hot- rolled steel'') from the Russian Federation (``Russia'') would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United States, the Department is publishing notice of the continuation of this suspended antidumping duty investigation.

On January 25, 2011, the Department of Commerce (``Department'') published the Preliminary Results of the seventh new shipper reviews of the antidumping duty order on certain frozen fish fillets (``frozen fish fillets'') from the Socialist Republic of Vietnam (``Vietnam'').\1\ We gave interested parties an opportunity to comment on the Preliminary Results and, based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results of these reviews. The final weighted-average margins are listed below in the ``Final Results of the Reviews'' section of this notice. The period of review (``POR'') is August 1, 2009, through February 15, 2010.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Wednesday, July 20, 2011, from 9:30 a.m. to 5:30 p.m. and Thursday, July 21, 2011, from 8:30 a.m. to 2:30 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: On July 20, 2011 the meeting will be held at the Michigan League at the University of Michigan, 911 N. University Avenue, Ann Arbor, Michigan. On July 21, 2011 the meeting will be held at NOAA's Great Lakes Environmental Research Laboratory, 4840 S. State Street, Ann Arbor, Michigan. Please check the SAB Web site https://www.sab.noaa.gov for confirmation of the venue and for directions. Status: The meeting will be open to public participation with a 15 minute public comment period on July 20 at 5:15 p.m. (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Individuals or groups planning to make a verbal presentation should contact the SAB Executive Director by July 15, 2011 to schedule their presentation. Written comments should be received in the SAB Executive Director's Office by July 15, 2011 to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after July 15, 2011 will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first-come, first-served basis. Matters To Be Considered: The meeting will include the following topics: (1) Report from the Joint SAB Environmental Information Services and Climate Working Groups' Climate Partnership Task Force (2)Review of the SAB Working Groups' Comments on the Working Group Concept of Operations; (3)NOAA Response to the SAB Proposal for Re- alignment of Working Groups (4) Proposal for a Satellite Working Group of the SAB; (4) Results of the External Review of the NESDIS Center for Satellite Applications and Research (STAR) and the NOAA Response; (5) NOAA Response to the Office of Science and Technology Policy Memorandum on Scientific Integrity; (6) NOAA Science Challenge Workshops; (7) SAB Role in Optimizing NOAA's Research and Development Enterprise; (8) Presentations on NOAA programs and research in the Great Lakes; and (9) Updates from SAB Working Groups.

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

This rule adds a new license exception to the Export Administration Regulations (EAR) that authorizes the export, reexport, and transfer (in-country) of specified items to destinations that pose relatively low risk that those items will be used for a purpose that license requirements are designed to prevent. Use of the exception is conditioned upon the creation and exchange by the parties to the transaction of notifications and statements designed to provide assurance against diversion of such items to other destinations. The exception is only relevant to exports, reexports, and transfers for which a license is required under the EAR. Thus, if the EAR do not impose an obligation to apply for and receive a license before exporting, reexporting, or transferring an item subject to the EAR, STA is not relevant to the transaction. The exception does not alter any of the General Prohibitions in the EAR against unlicensed exports, reexports, or transfers to proscribed end users, end uses, or destinations. This rule, has been cleared by several departments, including Defense, State, Homeland Security, and Justice. This rule is part of the Administration's Export Control Reform Initiative, undertaken as a result of the fundamental review of the U.S. export control system that the President announced in August 2009.