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

NMFS is prohibiting directed fishing for pelagic shelf rockfish by catcher/processors participating in the rockfish limited access fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2011 total allowable catch (TAC) of pelagic shelf rockfish allocated to catcher/ processors participating in the rockfish limited access fishery in the Central Regulatory Area of the GOA.

On March 31, 2011, the Department of Commerce (``Department'') published the Preliminary Results of the first administrative review of the antidumping duty order on circular welded austenitic stainless pressure pipe from the People's Republic of China (``PRC'').\1\ In the Preliminary Results, the Department determined a de minimis weighted- average margin for the sole respondent during the period of review (``POR''). The Department gave interested parties an opportunity to comment on the Preliminary Results. After considering interested parties' comments, the Department has made no changes to the Preliminary Results. Therefore, the Department continues to find that sales have not been made below normal value (``NV'') by the respondent in the final results of this administrative review. The final de minimis weighted-average margin is listed below in the ``Final Results of the Review'' section of this notice. The POR is September 5, 2008 through February 28, 2010.

The Pacific Fishery Management Council's (Pacific Council) Tule Chinook Workgroup (TCW) will hold a meeting to review work products and develop an abundance-based harvest management approach for Columbia River natural tule Chinook. This meeting of the TCW is open to the public.

The United States Patent and Trademark Office (Office or PTO) is proposing to revise the standard for materiality for the duty to disclose information in patent applications and reexamination proceedings in light of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit or Court) in Therasense, Inc. v. Becton, Dickinson & Co. Specifically, the Office is proposing to revise the materiality standard for the duty to disclose to match the materiality standard, as defined in Therasense, for the inequitable conduct doctrine. While Therasense does not require the Office to harmonize the materiality standards underlying the duty of disclosure and the inequitable conduct doctrine, the Office believes that there are important reasons to do so. The materiality standard set forth in Therasense should reduce the frequency with which applicants and practitioners are being charged with inequitable conduct, consequently reducing the incentive to submit information disclosure statements containing marginally relevant information and enabling applicants to be more forthcoming and helpful to the Office. At the same time, it should also continue to prevent fraud on the Office and other egregious forms of misconduct. Additionally, harmonization of the materiality standards is simpler for the patent system as a whole.

Notice is hereby given of two meetings via web conference call of the Marine Protected Areas Federal Advisory Committee (Committee). The web conference calls are open to the public, and participants can dial in to the calls. Participants who choose to use the web conferencing feature in addition to the audio will be able to view the presentations as they are being given. Members of the public wishing to listen in should contact Denise Ellis-Hibbett at the email or telephone number below for the call-in number and passcode.

NMFS is implementing measures specified in Framework Adjustment 22 (Framework 22) to the Atlantic Sea Scallop Fishery Management Plan (FMP), which was developed and adopted by the New England Fishery Management Council (Council). The specifications in Framework 22 are based on, and are being implemented in conjunction with, the management measures in Amendment 15 to the FMP (Amendment 15) that establish the process for setting annual catch limits (ACLs) and accountability measures (AMs) to bring the FMP into compliance with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The purpose of Framework 22 is to set the following scallop management measures for the 2011 through 2013 fishing years (FYs): The overfishing limit (OFL), acceptable biological catches (ABC), ACLs, and annual catch targets (ACTs) for both the limited access (LA) and limited access general category (LAGC) fleets; open area days-at-sea (DAS) and Sea Scallop Access Area (access area) trip allocations; DAS adjustments if an access area yellowtail flounder (YTF) total allowable catch (TAC) is caught; LAGC-specific allocations, including access area trip allocations for vessels with individual fishing quotas (IFQs), the Northern Gulf of Maine (NGOM) TAC, and the incidental target TAC; management measures to minimize impacts of incidental take of sea turtles as required by the March 14, 2008, Atlantic Sea Scallop Biological Opinion (Biological Opinion); and the elimination of the default Georges Bank (GB) access area rotation schedule. Consistent with proposed measures in Amendment 15, Framework 22 sets FY 2013 management measures as precautionary default measures, to be applied if a new biennial framework adjustment is not implemented by the start of FY 2013.

Notice is hereby given that the NMFS Southwest Fisheries Science Center, Antarctic Ecosystem Research Division, La Jolla, California, (Responsible Party: George Watters, PhD, Director), has applied in due form for a permit to conduct research on marine mammals in the Antarctic.

NMFS proposes to repeal the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP) and remove its implementing regulations, as requested by the Gulf of Mexico Fishery Management Council (Council). The stone crab fishery takes place primarily in state waters (off the coast of Florida) and Florida's Fish and Wildlife Conservation Commission (FWC) is extending its management into Federal waters. Repealing the Federal regulations would eliminate duplication of management efforts, reduce costs, and align with the President's Executive Order 13563, ``Improving Regulation and Regulatory Review,'' to ensure Federal regulations are more effective and less burdensome in achieving regulatory objectives. The intended effect of this action is to enhance the effectiveness and efficiency of managing the stone crab fishery in the Gulf of Mexico (Gulf).

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scientific and Statistical Committee, on August 9-10, 2011, 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.

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.

In response to requests from domestic interested parties,\1\ the Department of Commerce (``the Department'') conducted an administrative review of the antidumping duty order on certain hot- rolled carbon steel flat products from India manufactured by Essar Steel Limited (``Essar''), Ispat Industries Limited (``Ispat''), JSW Steel Limited (``JSW''), and Tata Steel Limited (``Tata''). The period of review (``POR'') covers December 1, 2008, through November 30, 2009. We determine that Essar, Ispat, JSW, and Tata had no reviewable entries of subject merchandise during the POR.

The Director of the National Institute of Standards and Technology (NIST), United States Department of Commerce, announces the establishment of a National Construction Safety Team pursuant to the National Construction Safety Team Act. The Team was established to study the effects of the tornado that touched down in Joplin, MO, on May 22, 2011.

The Mid-Atlantic Fishery Management Council Staff will hold a meeting of the Visioning Project Advisory Panel to discuss communications strategies and data gathering tools for the Visioning Project.

NMFS announces that the provisions for the Pacific halibut trawl mortality bycatch limit and for calculation of Pacific halibut individual bycatch quota (IBQ) pounds in the Shorebased Individual Fishing Quota (IFQ) Program will remain in effect for the remainder of the 2011 groundfish fishery. This announcement is required in order to maintain the current amount of Pacific halibut IBQ pounds in the Shorebased IFQ Program.