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

This action makes corrections, clarifications, and modifications to existing regulations to ensure consistency with measures adopted by the New England Fishery Management Council (Council) to regulate the Northeast (NE) multispecies fishery and to provide additional flexibility for some of the administrative regulatory requirements. The current regulations governing the NE multispecies fishery contain a number of inadvertent errors, omissions, and potential inconsistencies with measures adopted by the Council and approved by the Secretary of Commerce (Secretary) in recent actions regarding the NE Multispecies Fishery Management Plan (FMP). This interim final rule is being taken by NMFS under the authority of section 305(d) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act); NMFS is implementing changes made to the dockside monitoring program (DSM), not included in the proposed rule, as an interim rule in order to seek public comments on the changes.

On April 12, 2011, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on purified carboxymethylcellulose from Mexico. See Purified Carboxymethylcellulose From Mexico: Notice of Preliminary Results of Antidumping Duty Administrative Review, 76 FR 20313 (April 12, 2011) (Preliminary Results). The review covers one producer/ exporter, Quimica Amtex S.A. de C.V. The period of review (POR) is July 1, 2009, through June 30, 2010. We invited interested parties to comment on our Preliminary Results. The Department received no comments concerning our Preliminary Results; therefore, our final results remain unchanged from our Preliminary Results. The final results are listed in the section ``Final Results of Review'' below.

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 granular polytetrafluoroethylene resin (``PTFE resin'') from Italy 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.

On July 8, 2011, Jungbunzlauer Canada Inc. filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel Review was requested of the Final Results of the 2008- 2009 and 2009-2010 Antidumping Duty Administrative Review, made by the International Trade Administration, respecting Citric Acid and Certain Citrate Salts from Canada. This determination was published in the Federal Register (76 FR 34,044), on June 10, 2011. The NAFTA Secretariat has assigned Case Number USA-CDA-2011-1904-03 to this request.

The South Atlantic Fishery Management Council will hold a meeting of the full Council in August. A public comment session will be held as part of the meeting regarding agenda items. See SUPPLEMENTARY INFORMATION for additional details.

NMFS proposes to implement the Chinook Salmon Economic Data Report Program to evaluate the effectiveness of Chinook salmon bycatch management measures for the Bering Sea pollock fishery that were implemented under Amendment 91 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The data collected for this program would be submitted by members of the American Fisheries Act inshore, catcher/processor, and mothership sectors, as well as representatives for the six western Alaska Community Development Quota organizations that presently receive allocations of Bering Sea pollock. The proposed rule is intended to promote the goals and objectives of the FMP, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law.

NMFS is closing the commercial fishery for non-sandbar large coastal sharks (LCS) in the Gulf of Mexico region. This action is necessary because the quota for the 2011 fishing season is projected to have reached at least 80 percent of the available quota.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary decision that an Exempted Fishing Permit (EFP) application contains all of the required information and now warrants public input on the application. This proposed project would be conducted by the Atlantic Offshore Lobstermen's Association (AOLA), in conjunction with scientists and the fishing industry, to help them understand the settlement and location of larval lobsters, and the size of the population in management Area 3. This EFP would excuse 11 commercial fishing vessels from the following Federal American lobster regulation: Mutilation requirement within American lobster management Area 3. The researchers propose to collect a pleopod (small swimmerettes located on the lower body at the front side of the tail section of the lobster) from a maximum of 100 sexually immature juvenile lobsters during the AOLA project. The lobsters would then be measured and their sex determined before immediately being returned alive to the ocean. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.

The ONMS is seeking applications for the following vacant seats on the Fagatele Bay National Marine Sanctuary Advisory Council: Business/Industry and Community-at-Large: Tutuila East Side. 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.

The Gulf of Mexico Fishery Management Council will convene public hearings on: Amendment 18 to the Fishery Management Plan for Coastal Migratory Pelagic Resources in the Atlantic and Gulf of Mexico and Amendment 32 to the Reef Fish Fishery Management Plan in the Gulf of Mexico.

NOAA announces its intention to prepare an SEIS in accordance with the National Environmental Policy Act of 1969, the Council on Environmental Quality Regulations, and NOAA Administrative Order 216-6 Environmental Review Procedures for Implementing the National Environmental Policy Act. This SEIS is being prepared to reflect substantial changes in the proposed action that are relevant to environmental concerns. The proposed changes to be analyzed in the SEIS are related to the replacement of the facilities and were not previously analyzed in the Final EIS/Environmental Impact Report (EIR) dated April 2009. The University of California San Diego may also prepare an Addendum to the Final EIS/EIR in accordance with the California Environmental Quality Act (CEQA).

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to Neptune LNG LLC (Neptune) to take marine mammals, by harassment, incidental to port commissioning and operations, including maintenance and repair activities, at the Neptune Deepwater Port (the Port) in Massachusetts Bay.

NMFS announces its intent to prepare an Environmental Assessment (EA) for Amendment 4 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) instead an Environmental Impact Statement (EIS) as previously announced through publication of a Notice of Intent published on May 27, 2008. NMFS intends to prepare the EA under the National Environmental Policy Act (NEPA) to assess the potential effects on the human environment of proposed alternatives and actions under Amendment 4 to the 2006 Consolidated HMS FMP. The EA will analyze potential environmental impacts of various alternatives to permitting and reporting requirements for commercial HMS fisheries in U.S. waters of the Caribbean as well as examine management alternatives to improve catch reporting and data collection in Puerto Rico and the U.S. Virgin Islands consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Atlantic Tunas Convention Act (ATCA), and other relevant Federal laws.

In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to add controls on exports and reexports of U.S.-origin dual-use items to a new nation, the Republic of South Sudan. In January 2011, a referendum was held in the region of Southern Sudan to determine whether that region would remain part of Sudan or become a separate, independent nation. On February 7, 2011, the referendum commission announced that the region of Southern Sudan had voted to become a separate nation, effective July 9, 2011. On February 7, 2011, recognizing this historic milestone in the implementation of the Comprehensive Peace Agreement (CPA), President Obama announced the intention of the United States to formally recognize the Republic of South Sudan as a sovereign state in July, 2011. BIS is therefore amending the EAR to reflect the July 9, 2011 formal recognition by adding the new nation, the Republic of South Sudan, to the Commerce Country Chart and including it in Country Group B, which will render the destination eligible for certain export and reexport License Exceptions. The controls that continue to apply to ``Sudan'' under the EAR will not apply to the Republic of South Sudan.

The Bureau of Industry and Security (BIS) is seeking public comments on the impact of amending the Chemical Weapons Convention Regulations (CWCR) to reduce the concentration level at which the CWCR exempt certain mixtures containing Schedule 3 chemicals from the declaration requirements that apply to Schedule 3 chemical production and the reporting requirements that apply to exports and imports of Schedule 3 chemicals under the Chemical Weapons Convention (CWC). BIS is considering amending the CWCR declaration requirements that apply to the production of Schedule 3 chemicals to conform with the low concentration exemption adopted by the Organization for the Prohibition of Chemical Weapons (OPCW) in 2003, which applies when the concentration of any single Schedule 3 chemical in a mixture is ``30% or less,'' by weight or volume (whichever yields the lesser percent). Currently, the CWCR do not require the quantity of a Schedule 3 chemical contained in a mixture to be counted for declaration or reporting purposes if the concentration of the Schedule 3 chemical in the mixture is ``less than 80%'' by volume or weight (whichever yields the lesser percent). The current low concentration level was implemented in accordance with requirements set forth in the Chemical Weapons Convention Implementation Act (CWCIA). Accordingly, publication and implementation of regulatory changes affecting this low concentration exemption level would be contingent upon amendment of the CWCIA by the Congress. In addition, consistent with U.S. national discretion, BIS is considering amending the CWCR reporting requirements for exports and imports of Schedule 3 chemicals by reducing the low concentration exemption that applies to certain mixtures containing Schedule 3 chemicals from the current low concentration level of ``less than 80%'' of a Schedule 3 chemical by volume or weight (whichever yields the lesser percent) to a concentration of ``30% or less.''

On March 4, 2011, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. This review covers 201 producers/exporters \1\ of the subject merchandise to the United States. The period of review (POR) is February 1, 2009, through January 31, 2010.

This request for information (RFI) seeks comments and expressions of interest from the public in providing technical inputs and/or offering assessment capacity on topics related to National Climate Assessment (NCA) regional, sectoral, and cross-cutting topics proposed for the 2013 NCA report and the ongoing NCA process. More information on the NCA process, including the strategic plan, proposed report outline, and information about the National Climate Assessment Development and Advisory Committee (NCADAC), can be found at https:// assessment.globalchange.gov. Teams of experts and/or individuals in climate-related fields (``teams'') interested in providing inputs to the NCA are encouraged to review the ``Potential Technical Inputs and Assessment Capacities'' and ``Suggested Best Practices'' available online at https:// www.globalchange.gov/what-we-do/assessment/backgroundprocess/ notices and to prepare a short expression of interest (EOI) describing their anticipated inputs. All EOIs submitted in response to this notice must include a primary point of contact and contact information (phone number, mailing address, e-mail address, Web site if applicable, institutional affiliation(s) if applicable). In addition, it is recommended that EOIs include the specific NCA topic(s) of interest, a short description of the input(s) the team intends to provide, and background information about the team and sponsoring organization. A full draft of the NCA report is anticipated by mid-2012, so that scientific and subject-matter experts and the broader public will have sufficient time to review the draft and provide comments to the NCADAC on its content. A full year is planned to review and revise the report, with a planned release in mid-2013. Technical inputs should be provided well in advance of these deadlines, with target dates for activities and inputs as follows: Now-Summer 2011: Expressions of interest; Initial work plans. Now-Fall 2011: Teams conduct activities (workshops, literature reviews, modeling runs, etc.). December 2011-February 1, 2012: Initial inputs, including draft reports. March 1, 2012: Final inputs, including full reports. After March 1, 2012: Continued development and delivery of ongoing assessment capacity.

Nominations are being sought for appointment by the Secretary of Commerce to serve on the Marine Fisheries Advisory Committee (MAFAC or Committee) beginning in January 2012. MAFAC is the only Federal advisory committee with the responsibility to advise the Secretary of Commerce (Secretary) on all matters concerning living marine resources that are the responsibility of the Department of Commerce. The Committee makes recommendations to the Secretary to assist in the development and implementation of Departmental regulations, policies and programs critical to the mission and goals of the NMFS. Nominations are encouraged from all interested parties involved with or representing interests affected by NMFS actions in managing living marine resources. Nominees should possess demonstrable expertise in a field related to the management of living marine resources and be able to fulfill the time commitments required for two annual meetings. Individuals serve for a term of three years for no more than two consecutive terms if re-appointed. NMFS is seeking qualified nominees to fill upcoming vacancies being created by term limits.