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

On April 1, 2011, the Department of Commerce (``the Department'') initiated the third sunset reviews of the antidumping duty orders on sulfanilic acid from India and the People's Republic of China (``the PRC''), pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On the basis of a notice of intent to participate and adequate substantive responses filed on behalf of domestic interested parties, as well as lack of response from respondent interested parties, the Department conducted expedited (120- day) sunset reviews. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping. The dumping margins are identified in the Final Results of Reviews section of this notice.

On January 3, 2011, the Department of Commerce (the Department) initiated a sunset review of the antidumping duty (AD) order on fresh and chilled Atlantic salmon from Norway pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). See Initiation of Five-Year (``Sunset'') Review, 76 FR 89 (January 3, 2011) (Sunset Initiation). On the basis of adequate substantive responses submitted by domestic and respondent interested parties, the Department determined to conduct a full sunset review of this AD order pursuant to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of our analysis, the Department preliminarily finds that revocation of the AD order would likely lead to continuation or recurrence of a dumping.

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)).

Pursuant to the National Environmental Policy Act (NEPA), this notice announces that NMFS intends to obtain additional information necessary to prepare an Environmental Impact Statement (EIS) for two hatchery Resource Management Plans and appended Hatchery and Genetic Management Plans (HGMPs) jointly proposed by the Washington Department of Fish and Wildlife and the Puget Sound Treaty Tribes (referred to as the co-managers) for NMFS's evaluation and determination under the Endangered Species Act for threatened salmon. The previous notice of intent to prepare an EIS was published on May 12, 2004. NMFS is now reopening the comment period for 30 days. NMFS provides this notice to remind other agencies and the public of its plans to analyze effects related to the action, and obtain information that may not have been available in 2004 pertinent to the scope of issues to include in the EIS.

Notice is hereby given that NMFS Southeast Fisheries Center (SEFSC) (hereinafter ``Permit Holder''); 75 Virginia Beach Drive, Miami, FL 33149 [Responsible Party: Bonnie Ponwith, PhD], has been issued a permit modification to take smalltooth sawfish in Florida waters for purposes of scientific research.

Pursuant to the regulations governing the subsistence taking of northern fur seals, this document summarizes the annual fur seal subsistence harvests on St. George and St. Paul Islands (the Pribilof Islands) for 2008 to 2010 and proposes annual estimates of fur seal subsistence needs for 2011 through 2013 on the Pribilof Islands, Alaska. NMFS solicits public comments on the proposed estimates.

NMFS has received an application from the Scripps Institution of Oceanography (SIO) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting a low- energy marine geophysical (i.e., seismic) survey in the western tropical Pacific Ocean, November to December, 2011. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to SIO to incidentally harass, by Level B harassment only, 19 species of marine mammals during the specified activity.

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

The National Marine Fisheries Service (NMFS) announces that the North Pacific Fishery Management Council (Council) has submitted Amendment 88 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) for review by the Secretary of Commerce (Secretary). If approved, Amendment 88 would establish the Central Gulf of Alaska Rockfish Program (Rockfish Program). This proposed program would allocate exclusive harvest privileges to a select group of License Limitation Program (LLP) license holders who used trawl gear to target Pacific ocean perch, pelagic shelf rockfish, and northern rockfish during specific qualifying years. Amendment 88 would modify the FMP to retain the conservation, management, safety, and economic gains realized under the Rockfish Pilot Program and viability of the Gulf of Alaska fisheries. This action is necessary to replace particular Rockfish Pilot Program regulations that are scheduled to expire at the end of 2011. 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.

Notice is hereby given that Florida Fish and Wildlife Conservation Commission, 100 Eighth Avenue, SE, St. Petersburg, FL 33701 [Gregg Poulakis, Responsible Party], has applied in due form for a permit to take smalltooth sawfish and listed sea turtle species for purposes of scientific research.

NMFS closes the northern area Angling category fishery for large medium and giant (``trophy'') Atlantic bluefin tuna (BFT) for the remainder of 2011. This action is being taken to prevent overharvest of the 2011 Angling category northern area subquota for large medium and giant BFT.

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 paper clips 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.

On April 19, 2011, the United States Court of Appeals for the Federal Circuit (``CAFC''), in Canadian Wheat Board v. United States, 2010-1083 (Fed. Cir. 2011) (``Wheat Board (CAFC)''), held that the Department of Commerce (``the Department'') was required by law to instruct U.S. Customs and Border Protection (``CBP'') to liquidate all unliquidated entries of hard red spring wheat from Canada without regard to antidumping and countervailing duties. The CAFC's holding is now final and conclusive. Consistent with that holding, we are amending the revocation of these orders and instructing CBP to liquidate all unliquidated entries pursuant to the CAFC decision in Wheat Board (CAFC).

NMFS is closing the commercial shark research fishery for non- sandbar large coastal sharks (LCS). This action is necessary because landings for the 2011 fishing season have reached at least 80 percent of the available quota.

The Renewable Energy and Energy Efficiency Advisory Committee (RE&EEAC) will meet via conference call to deliberate proposed recommendations by the Trade Policy, Trade Promotion and Domestic Policy Subcommittees to the Secretary of Commerce regarding the development and administration of programs and policies to expand the competitiveness of the U.S. renewable energy and energy efficiency industries, including specific challenges associated with exporting.

Notice is hereby given that Kristen Hart, U.S. Geological

NMFS is prohibiting directed fishing for northern rockfish by

The Department of Commerce, as part of its continuing effort

This notice announces the next meeting of the National Technical Information Service Advisory Board (the Advisory Board), which advises the Secretary of Commerce and the Director of the National Technical Information Service (NTIS) on policies and operations of the Service.

Notice is hereby given that NMFS has received two applications for direct take permits, in the form of Hatchery and Genetic Management Plans (HGMPs) pursuant to the Endangered Species Act of 1973, as amended (ESA), one application from the Washington Department of Fish and Wildlife (WDFW) and one from the Bureau of Indian Affairs (BIA) on behalf of the Nez Perce Tribe (NPT). The Idaho Department of Fish and Game (IDFG) is identified as a co-applicant in the WDFW HGMP. The proposed permits would expire in 2018. This document serves to notify the public of the availability of the permit applications and addenda for public review, comment, and submission of written data, views, arguments or other relevant information. All comments and other information received will become part of the public record and will be available for review pursuant to section 10(c) of the ESA.