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

The Department of Commerce (the Department) is rescinding the administrative review of the antidumping duty order on certain tissue paper products from the People's Republic of China (PRC) for the period of review (POR) of March 1, 2009, to February 28, 2010, with respect to Max Fortune (Vietnam) Paper Products Company Limited (MFVN) because MFVN had no sales of subject merchandise which entered the United States during the POR.

In accordance with the Marine Mammal Protection Act (MMPA) regulation, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Cher-Ae Heights Indian Community of the Trinidad Rancheria (Trinidad Rancheria) to take small numbers of marine mammals, by Level B harassment, incidental to pile- driving and renovation operations for the Trinidad Pier Reconstruction Project in Trinidad, California.

In November 2010, U.S. Secretary of Commerce Gary Locke and Russian Minister of Economic Development Elvira Nabiullina signed a Memorandum of Understanding (MOU) outlining plans for the two countries to cooperate on a management training exchange program that will enable private sector managers from each country to gain practical experience working in the other country. Under the U.S.-Russia Management Training Exchange Program, early-career U.S. managers will travel to Russia for two weeks to learn about business issues in Russia. The Program is arranged by ITA's Special American Business Internship Training Program (SABIT) which has been assisting U.S. companies active in or entering emerging markets. The program in Russia will be implemented through the Federal Resource Center, an agency of the Ministry of Economic Development of the Russian Federation. The training program is scheduled to take place in the Sverdlovsk region.

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.

The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Wood Machinery Manufacturers of America on July 18, 2011. The Certificate has been amended twelve times. The previous amendment was issued to WMMA on August 16, 2010, and a notice of its issuance was published in the Federal Register on August 20, 2010 (75 FR 51439). The original Export Trade Certificate of Review No. 88-00016 was issued on February 3, 1989, and published in the Federal Register on February 9, 1989 (54 FR 6312).

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to PRBO Conservation Science (PRBO), to take marine mammals, by Level B harassment, incidental to conducting seabird and pinniped research activities on Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National Seashore in central California.

NMFS has received a request from the Monterey Bay National Marine Sanctuary (MBNMS or sanctuary) for authorization to take small numbers of marine mammals incidental to permitting professional fireworks displays within the sanctuary in California waters, over the course of five years, from July 4, 2012 to July 3, 2017. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of MBNMS's request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on MBNMS's application and request.

The NOAA Office of Ocean and Coastal Resource Management (OCRM) announces its intent to evaluate the performance of the North Carolina and Delaware Coastal Management Programs and the Delaware National Estuarine Research Reserve. The Coastal Zone Management Program evaluations 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. 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. 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.

NMFS is opening directed fishing for Pacific ocean perch by trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the 2011 directed fishing allowance of Pacific ocean perch for trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA.

On August 13, 2010, the Department of Commerce (``Department'') published in the Federal Register the Preliminary Results \1\ regarding its request for comments on the scope of antidumping duty order on petroleum wax candles from the People's Republic of China (``PRC''),\2\ in which we preliminarily determined a new interpretation for analyzing candle scope ruling requests and applied this interpretation to pending scope requests. We gave interested parties an opportunity to present comments and rebuttals on the Preliminary Results. Based upon our analysis of the comments and information received, we have changed our interpretation of the scope of the Order from the Preliminary Results. As discussed in more detail below, the Department intends to apply the interpretation articulated in these final results to all pending and future scope determinations involving the Order.

NMFS proposes regulations to implement measures in Amendment 11 to the Atlantic Mackerel, Squid, and Butterfish (MSB) Fishery Management Plan (FMP). Amendment 11 was developed by the Mid-Atlantic Fishery Management Council (Council) to establish a tiered limited access program for the Atlantic mackerel (mackerel) fishery, and to make other changes to the management of the MSB fisheries. The Amendment 11 management measures include: A limited access program for mackerel; an open access incidental catch permit for mackerel; an update to essential fish habitat (EFH) designations for all life stages of mackerel, Loligo squid, Illex squid, and butterfish; and the establishment of a recreational allocation for mackerel. This rule also proposes minor, technical corrections to the existing regulations pertaining to the MSB fisheries.

Officials of the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce (NOAA); U.S. Department of Interior; and the five states of Florida, Alabama, Mississippi, Louisiana and Texas are all designated, pursuant to section 1006(b) of the Oil Pollution Act of 1990 (OPA), as trustees (Trustees) for natural resources harmed by this Incident. NOAA is serving as the Lead Administrative Trustee (LAT) for this emergency seagrass restoration. Under the National Environmental Policy Act, an Environmental Assessment for Emergency Restoration of Seagrass Impacts from the Deepwater Horizon Oil Spill Response (EA) was completed by NOAA, and a Finding of No Significant Impact (FONSI) was signed on July 8, 2011.