Department of Commerce October 2011 – Federal Register Recent Federal Regulation Documents
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Certain Preserved Mushrooms From the People's Republic of China: Final Results of Antidumping Duty New Shipper Reviews
On August 2, 2011, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the new shipper reviews (NSRs) of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC) for Guangxi Hengyong Industrial & Commercial Dev., Ltd. (Hengyong) and Zhangzhou Hongda Import & Export Trading Co., Ltd. (Co.) (Hongda).\1\ See Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews, 76 FR 46270 (August 2, 2011) (Preliminary Results). We gave interested parties an opportunity to comment on the preliminary results. We received a case brief from Hongda on August 31, 2011. We received no rebuttal briefs from any parties. Furthermore, as described further below, we also received various comments/responses from the parties on the Department's preliminary results, supplemental questionnaire, and letter on August 4, 2011, August 10, 2011, and September 19, 2011, respectively.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with September anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received a request to revoke one antidumping duty order in part.
Certain Activated Carbon From the People's Republic of China: Final Results and Partial Rescission of Third Antidumping Duty Administrative Review
On April 29, 2011, the Department of Commerce (``Department'') published in the Federal Register the preliminary results of the third administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China (``PRC'').\1\ We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for the final results. We find that the mandatory respondents have not sold subject merchandise at less than normal value during the period of review (``POR''), April 1, 2009, through March 31, 2010.
Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States; Request for Comment
The Department of Commerce (Department) seeks public comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the United States during the period January 1 through June 30, 2011.
Atlantic Highly Migratory Species; 2012 Atlantic Shark Commercial Fishing Season
This proposed rule would establish opening dates and adjust quotas for the 2012 fishing season for the Atlantic commercial shark fisheries. Quotas would be adjusted based on any over- and/or underharvests experienced during the 2010 and 2011 Atlantic commercial shark fishing seasons. In addition, NMFS proposes season openings based on previously implemented adaptive management measures to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic, including the Gulf of Mexico and Caribbean.
Marine Mammals; File No. 13927
Notice is hereby given that a permit has been issued to Dr. James H.W. Hain, Associated Scientists at Woods Hole, Box 721, Woods Hole, MA 02543 to conduct research on North Atlantic right whales (Eubalaena glacialis) and humpback whales (Megaptera novaeangliae).
Addition of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States
This rule amends the Export Administration Regulations (EAR) by adding fifteen persons to the Entity List (Supplement No. 4 to Part 744) on the basis of section 744.11 of the EAR. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These fifteen persons will be listed under the following four destinations on the Entity List: China, Hong Kong, Iran and Singapore. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to parties identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Inseason Adjustments
This final rule announces inseason changes to management measures in the commercial Pacific Coast groundfish fisheries. These actions, which are authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP), are intended to allow fisheries to access more abundant groundfish stocks while protecting overfished and depleted stocks.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures; 2012 Research Fishery
NMFS announces its request for applications for the 2012 shark research fishery from commercial shark fishermen with a directed or incidental limited access permit. The shark research fishery allows for the collection of fishery-dependent data for future stock assessments while also allowing NMFS and commercial fishermen to conduct cooperative research to meet the shark research objectives of the Agency. The only commercial vessels authorized to land sandbar sharks are those participating in the shark research fishery. Shark research fishery permittees may also land non-sandbar large coastal sharks (LCS), small coastal sharks (SCS), and pelagic sharks. Commercial vessels not participating in the shark research fishery may only land non-sandbar LCS, SCS, and pelagic sharks. Commercial shark fishermen who are interested in participating in the shark research fishery need to submit a completed Shark Research Fishery Permit Application in order to be considered.
Certain Hot-Rolled Carbon Steel Flat Products From the People's Republic of China: Final Rescission of Antidumping Duty Administrative Review
On August 8, 2011, the Department of Commerce (``Department'') published the Preliminary Results of the administrative review of the antidumping duty order on certain hot-rolled carbon steel flat products (``hot-rolled'') from the People's Republic of China (``PRC'').\1\ This administrative review covers Baosteel Group Corporation, Shanghai Baosteel International Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd. (collectively ``Baosteel'') for the November 1, 2009, through October 31, 2010, period of review (``POR''). In the Preliminary Results, the Department indicated its preliminary intent to rescind this review and gave interested parties an opportunity to comment. We did not receive comments on the Preliminary Results.
Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Secretarial Emergency Action
This final rule increases catch limits in the Northeast skate fishery for the remainder of the 2011 fishing year. The increases are supported by the latest scientific information that shows significant increases in the abundance of skates, and are intended to provide a significant economic opportunity while still protecting skates from overfishing.
Certain Circular Welded Non-Alloy Steel Pipe From Brazil, Mexico, the Republic of Korea, and Taiwan; and Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of the Expedited Third Sunset Reviews of the Antidumping Duty Order
On August 1, 2011 the Department of Commerce (Department) initiated the third five-year (sunset) reviews of the antidumping duty orders on certain circular welded non-alloy steel pipe from Brazil, Mexico, the Republic of Korea, and Taiwan; and certain circular welded carbon steel pipes and tubes from Taiwan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted expedited (120-day) sunset reviews of these antidumping duty orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these reviews, the Department finds that revocation of the antidumping duty orders would likely lead to a continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Reviews'' section of this notice, infra.
Steel Wire Garment Hangers From the People's Republic of China: Preliminary Results and Preliminary Rescission, in Part, of the Second Antidumping Duty Administrative Review
The Department of Commerce (``Department'') is conducting the second administrative review of steel wire garment hangers from the People's Republic of China (``PRC'') for the period October 1, 2009, through September 30, 2010. The Department has preliminarily determined that sales have been made below normal value (``NV'') by the respondent. If these preliminary results are adopted in our final results of this review, the Department will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries of subject merchandise during the period of review (``POR''). Interested parties are invited to comment on these preliminary results.
Steel Wire Garment Hangers From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping Duty Order
The Department of Commerce (``the Department'') continues to determine that steel wire garment hangers (``garment hangers'') exported by Angang Clothes Rack Manufacture Co., Ltd. (``Angang'') and Quyky Yanglei International Co., Ltd. (``Quyky'') are circumventing the antidumping duty order \1\ on garment hangers from the People's Republic of China (``PRC''), pursuant to section 781(b) of the Tariff Act of 1930, as amended (``the Act'').
Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Revocation of the Antidumping Duty Order on Diamond Sawblades and Parts Thereof From the Republic of Korea
On May 13, 2011, the U.S. Trade Representative (``USTR'') instructed the Department of Commerce (``Department'') to issue a determination not inconsistent with the World Trade Organization's decision in United StatesUse of Zeroing in Anti-Dumping Measures Involving Products from Korea regarding the investigation of diamond sawblades and parts thereof (``Diamond Sawblades'') from the Republic of Korea (``Korea''). The Department issued its determination on October 4, 2011. The Department is now implementing this determination.
Environmental Technologies Trade Advisory Committee Public Meeting
This notice sets forth the schedule and proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC).
Certain Circular Welded Carbon Steel Pipes and Tubes From India, Thailand, and Turkey; Final Results of Expedited Five-Year (“Sunset”) Reviews of Antidumping Duty Orders
On July 1, 2011, the Department of Commerce (``the Department'') initiated the third sunset reviews of the antidumping duty orders on certain circular welded carbon steel pipes and tubes from India, Thailand, and Turkey, 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 the domestic interested parties and inadequate response from respondent interested parties, the Department has conducted expedited sunset reviews of these antidumping duty orders. As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping at the level indicated in the ``Final Results of Reviews'' section of this notice.
International Services Surveys: Amendments to the BE-150, Quarterly Survey of Cross-Border Credit, Debit, and Charge Card Transactions
This proposed rule would amend the regulations of the Bureau of Economic Analysis, Department of Commerce (BEA) to add new entities that would be required to report information on the BE-150, Quarterly Survey of Cross-Border Credit, Debit, and Charge Card Transactions. Specifically, this rule would expand the covered entities to include companies that operate personal identification number (PIN)-based debit networks. As proposed, PIN-based debit network companies would be required to report on cross-border transactions between (1) U.S. cardholders traveling abroad and foreign businesses and (2) foreign cardholders traveling in the United States and U.S. businesses. BEA is proposing this change to improve the identification of cross-border travel transactions. BEA also proposes to change the survey title from Quarterly Survey of Cross-Border Credit, Debit, and Charge Card Transactions to Quarterly Survey of Payment Card and Bank Card Transactions Related to International Travel to reflect this change to the regulations. In addition, BEA proposes to make certain changes to the data collected on the BE-150 form to collect them in greater detail. If these changes are approved, the BE-150 survey would be conducted on a quarterly basis beginning with the first quarter of 2012.
Marine Protected Areas Federal Advisory Committee; Public Meeting
Notice is hereby given of a meeting of the Marine Protected Areas Federal Advisory Committee (Committee) in New Orleans, Louisiana.
Caribbean Fishery Management Council; Catch Share Panel Meeting
The Catch Share Panel of the Caribbean Fishery Management Council will hold a public meeting to discuss the issues contained in the enclosed agenda. Dates and Addresses: The meeting will be held on November 30, 2011, from 7 p.m. to 9 p.m., at the Rincon Beach Hotel, Rd. 115, km 5.5, A[ntilde]asco, Puerto Rico 00610.
Certain Large Diameter Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Over 41/2
On July 7, 2011, the U.S. Department of Commerce (``the Department'') published its preliminary results of the administrative review of the antidumping duty order on certain large diameter carbon and alloy seamless standard, line, and pressure pipe (over 4 \1/2\ inches) from Japan. The review covers four manufacturers/exporters: JFE Steel Corporation (``JFE''); Nippon Steel Corporation (``Nippon''); NKK Tubes (``NKK''); and Sumitomo Metal Industries, Ltd. (``SMI''). The period of review (``POR'') is June 1, 2009, through May 31, 2010. We received no comments on our preliminary results. Therefore, the final results do not differ from the preliminary results. We have reached a final determination of no shipments by the respondents in this administrative review. We will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties on all appropriate entries.
Purified Carboxymethylcellulose From the Netherlands: Final Results of Antidumping Duty Administrative Review
On June 22, 2011, the Department of Commerce (the Department) published in the Federal Register its preliminary results in the antidumping duty administrative review of purified carboxymethylcellulose (CMC) from the Netherlands, covering the period July 1, 2009, through June 30, 2010. See Purified Carboxymethylcellulose from the Netherlands; Preliminary Results of Antidumping Duty Administrative Review, 76 FR 36519 (June 22, 2011) (Preliminary Results). The merchandise covered by the order is purified CMC, as described in the ``Scope of the Order'' section of this notice. The Department gave interested parties an opportunity to comment on the Preliminary Results. We received comments from an interested party on July 5, 2011, and, in light of these comments, have made changes to our margin calculations. Thus, the final results differ from those published in the Department's Preliminary Results. The final weighted- average dumping margin for the reviewed firm is listed below in the section entitled ``Final Results of the Review.''
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 32
The Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 32 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. Amendment 32 proposes to implement a 10-year rebuilding plan for gag; revise the annual catch limits (ACLs) and accountability measures (AMs) for gag, red grouper, and shallow-water grouper (SWG); revise recreational annual catch targets (ACTs) for gag and red grouper; implement a 4-month gag recreational season; adjust the commercial quota for gag and SWG for 2012 through 2015 and subsequent fishing years; adjust multi-use individual fishing quota (IFQ) shares for gag and red grouper; and implement a 22-inch (56-cm) commercial minimum size limit for gag. The intent of Amendment 32 is to end overfishing of gag, allow the gag stock to rebuild, and constrain the harvest of red grouper consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act).
President's Export Council: Meeting of the President's Export Council
The President's Export Council will hold a meeting to discuss topics related to the National Export Initiative, and to provide advice regarding how to promote U.S. exports, jobs, and growth.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod and Octopus in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to limit incidental catch of octopus by vessels using pot gear to fish for Pacific cod the BSAI.
Fisheries of the Northeastern United States; Atlantic Herring Fishery; Sub-ACL (Annual Catch Limit) Harvested for Management Area 1A
NMFS is closing the directed herring fishery in management area 1A, because 95 percent of the catch limit for that area has been caught. Effective 0001 hr, October 27, 2011, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring (herring) in or from Management Area 1A (Area 1A) per calendar day until January 1, 2012, when the 2012 allocation for Area 1A becomes available.
Extension of the Due Date for Submitting Comments on Research and Development Priorities for Desirable Features of a Nationwide Public Safety Broadband Network
On September 12, 2011, NIST published a Request for Comment in the Federal Register, inviting interested parties to submit written comments on various possible features of a new nationwide interoperable public safety broadband network. The comments will be used by NIST to help determine research and development priorities in anticipation of the President's Wireless Innovation (WIN) Fund to help drive innovation of next-generation network technologies. NIST is publishing this notice to extend the deadline for the submission of comments pertaining to the September 12, 2011 notice until 5 p.m., Eastern Time, on Wednesday, October 26, 2011. No other changes are being made to the originally published Request for Comment.
New England Fishery Management Council (NEFMC); Public Meeting
The New England Fishery Management Council (Council) will hold a three-day meeting on November 15-17, 2011 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendments to the Queen Conch and Reef Fish Fishery Management Plans of Puerto Rico and the U.S. Virgin Islands
NMFS proposes to implement Amendment 2 to the Fishery Management Plan for Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands and Amendment 5 to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (Amendments 2 and 5), prepared by the Caribbean Fishery Management Council (Council). This proposed rule would: establish annual catch limits (ACLs) and accountability measures (AMs) for queen conch and for all reef fish units or complexes that are classified as undergoing overfishing or that contain sub-units which are classified as undergoing overfishing (i.e., snapper, grouper and parrotfish); allocate ACLs among island management areas and, in Puerto Rico only, among commercial and recreational sectors; revise the composition of the snapper and grouper complexes; prohibit fishing for and possession of three parrotfish species; establish recreational bag limits for snappers, groupers, and parrotfishes; and establish framework procedures for queen conch and reef fish species. Amendments 2 and 5 would also revise management reference points and status determination criteria for queen conch, snappers, groupers, and parrotfishes. The intended effect of the rule is to prevent overfishing of queen conch and reef fish species while maintaining catch levels consistent with achieving optimum yield (OY).
Solid Urea From the Russian Federation: Final Results of Antidumping Duty Administrative Review
On June 17, 2011, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on solid urea from the Russian Federation. The solid urea subject to this review was produced and exported by MCC EuroChem (EuroChem). The period of review (POR) is July 1, 2009, through June 30, 2010. Based on our analysis of comments received, we have not made any changes in the margin calculation for EuroChem. The final weighted- average dumping margin for EuroChem is listed below in the section entitled ``Final Results of the Administrative Review.''
Endangered and Threatened Wildlife and Plants: Final Rulemaking To Designate Critical Habitat for Black Abalone
We, the National Marine Fisheries Service (NMFS), hereby designate critical habitat for the endangered black abalone under the Endangered Species Act (ESA). This designation includes approximately 360 square kilometers of rocky intertidal and subtidal habitat within five segments of the California coast between the Del Mar Landing Ecological Reserve to the Palos Verdes Peninsula, as well as on the Farallon Islands, A[ntilde]o Nuevo Island, San Miguel Island, Santa Rosa Island, Santa Cruz Island, Anacapa Island, Santa Barbara Island, and Santa Catalina Island. This designation includes rocky intertidal and subtidal habitats from the mean higher high water (MHHW) line to a depth of -6 meters (m) (relative to the mean lower low water (MLLW) line), as well as the coastal marine waters encompassed by these areas. We are not designating the specific area from Corona Del Mar State Beach to Dana Point, California, because we conclude that the economic benefits of exclusion from the critical habitat designation outweigh the benefits of inclusion and that exclusion of this specific area will not result in the extinction of the species. We also conclude that two of the specific areas proposed for designation (San Nicolas Island and San Clemente Island) are no longer eligible for designation, based on determinations that the U.S. Navy's revised integrated natural resource management plans (INRMPs) for these areas provide benefits to black abalone.
Stainless Steel Plate in Coils From Belgium: Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review
In response to a request from the interested party, Aperam Stainless Belgium N.V. (``Aperam''), the Department of Commerce (``the Department'') initiated a changed circumstances review (``CCR'') of the antidumping duty order of stainless steel plate in coils (``SSPC'') from Belgium.\1\ We have preliminarily determined that Aperam is the successor-in-interest to ArcelorMittal Stainless Belgium N.V. (``AMSB'') with respect to the antidumping duty order on SSPC from Belgium.\2\ We invite interested parties to comment on these preliminary results. Parties who submit comments in these reviews are requested to submit with each argument (1) A statement of the issue and (2) a brief summary of the argument.
Snapper-Grouper Fishery Off the Southern Atlantic States and Coral and Coral Reefs Fishery in the South Atlantic; Exempted Fishing Permit
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Keith Farmer, on behalf of the North Carolina Department of Environment and Natural Resources Aquariums Division (North Carolina Aquariums). If granted, the EFP would authorize North Carolina Aquariums to collect, with certain conditions, various species of reef fish and live rock in Federal waters off North Carolina. The specimens would be used in educational exhibits displaying North Carolina native species at aquariums located at Pine Knoll Shores, Roanoke Island, Fort Fisher, and Jeanette's Ocean Pier, NC.
Small Takes of Marine Mammals Incidental to Specified Activities; Pier 36/Brannan Street Wharf Project in the San Francisco Bay, CA
NMFS has received a complete and adequate application from the United States Army Corps of Engineers, San Francisco District (USACE), on behalf of the Port of San Francisco (Port), for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to pile driving during construction of the Brannan Street Wharf. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing to issue an IHA to incidentally harass, by Level B harassment, four species of marine mammals during the specified activity within a specific geographic region and is requesting comments on its proposal.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures
NMFS proposes 2012 specifications and management measures for Atlantic mackerel and butterfish, and 2012-2014 specifications for Illex and longfin squid. This is the first year that the specifications are being recommended for Atlantic mackerel and butterfish under the provisions of the Mid-Atlantic Fishery Management Council's (Council) Annual Catch Limit and Accountability Measure Omnibus Amendment (Omnibus Amendment). The two squid species are exempt from these requirements because they have a life cycle of less than 1 year. This action also proposes to adjust the closure threshold for the commercial mackerel fishery to 95 percent (from 90 percent), to allow the use of jigging gear to target longfin squid if the longfin squid fishery is closed due to the butterfish mortality cap, and to require a 3-inch (76-mm) minimum codend mesh size in order to possess more than 2,000 lb (0.9 mt) of butterfish (up from 1,000 lb (0.45mt)). Finally, this rule proposes minor corrections in existing regulatory text intended to clarify the intent of the regulations. These proposed specifications and management measures promote the utilization and conservation of the Atlantic Mackerel, Squid, and Butterfish (MSB) resource.
Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 7
This final rule implements measures that were approved in Framework Adjustment 7 to the Monkfish Fishery Management Plan. The New England Fishery Management Council and Mid-Atlantic Fishery Management Council developed Framework Adjustment 7 to adjust the annual catch target for the Northern Fishery Management Area to be consistent with the most recent scientific advice regarding the acceptable biological catch for monkfish. The New England Council's Scientific and Statistical Committee recommended a revision to the acceptable biological catch based on information from the 50th Northeast Regional Stock Assessment Review Committee. Framework Adjustment 7 specifies a new days-at-sea allocation and trip limits for the Northern Fishery Management Area consistent with the new annual catch target, and establishes revised biomass reference points for the Northern and Southern Fishery Management Areas.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Harvesting Pacific Cod for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by vessels harvesting Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2011 Pacific total allowable catch (TAC) apportioned to vessels harvesting Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA.
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