Department of Commerce October 20, 2011 – Federal Register Recent Federal Regulation Documents

Fisheries Off West Coast States; Highly Migratory Species Fisheries; Swordfish Retention Limits
Document Number: 2011-27212
Type: Proposed Rule
Date: 2011-10-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS proposes regulations under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to modify retention limits for swordfish, Xiphias gladius, harvested in the U.S. West Coast-based deep-set tuna longline (DSLL) fishery. The DSLL fishery is managed under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (HMS FMP). The proposed rule would implement the Pacific Fishery Management Council's (Council) recommendation to modify HMS FMP regulations governing the possession and landing limits of swordfish captured in the DSLL fishery, contingent on hook type and fisheries observer presence. If a vessel without an observer onboard uses any J[hyphen]hooks (tuna hooks), the trip limit would be 10 swordfish. If a vessel without an observer onboard uses only circle hooks, the trip limit would be 25 swordfish. If the vessel carries a NMFS-approved observer during the entire fishing trip, there would be no limit on swordfish retained. Regulations prohibiting the use of shallow[hyphen]set longline gear to target swordfish would remain in place.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
Document Number: 2011-27211
Type: Notice
Date: 2011-10-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an exempted fishing permit application contains all of the required information and warrants further consideration. This permit would allow two commercial fishing vessels to test the economic viability of using electric rod and reel gear to target pollock in the Western Gulf of Maine Closure Area and to temporarily retain undersized catch for measurement and data collection. The study would be conducted by the School for Marine Science and Technology at the University of Massachusetts, Dartmouth. 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 exempted fishing permits.
Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Extension of Preliminary Results of Antidumping Duty Administrative Review
Document Number: 2011-27208
Type: Notice
Date: 2011-10-20
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the ``Department'') has decided to extend the time limit for the preliminary results of the sixth administrative review of the antidumping duty order on certain frozen warmwater shrimp (``shrimp'') from the Socialist Republic of Vietnam (``Vietnam'') to January 30, 2012. The period of review (``POR'') is February 1, 2010, through January 31, 2011.
Fresh Garlic From the People's Republic of China: Partial Preliminary Results, Rescission of, and Intent To Rescind, in Part, the 2009-2010 Administrative Review
Document Number: 2011-27204
Type: Notice
Date: 2011-10-20
Agency: Department of Commerce, International Trade Administration
In response to requests from interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) covering the period of review (POR) of November 1, 2009, through October 31, 2010. The Department initiated this review for 112 producers/exporters (companies).\1\ The Department is issuing partial preliminary results for the PRC-wide entity only, which includes the seven companies listed in Appendix III. Based on timely withdrawals of requests for review, the Department is now rescinding the review with respect to 84 companies which are listed in Appendix I. The Department also preliminarily determines that a rescission of the administrative review is warranted with respect to 14 companies which each timely submitted a ``no shipment'' certification. The intent to rescind is applicable to the companies listed in Appendix II. In addition, there are seven companies which the Department determines are subject to the PRC-wide entity rate and which are subject to these partial preliminary results. These seven companies are listed in Appendix III. Accordingly, 21 companies are subject to these partial preliminary results and the intent to rescind the administrative review and are listed in Appendix IV.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Comprehensive Annual Catch Limit Amendment for the South Atlantic
Document Number: 2011-27203
Type: Proposed Rule
Date: 2011-10-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the South Atlantic Fishery Management Council (Council) has submitted the Comprehensive Annual Catch Limit Amendment (Comprehensive ACL Amendment) for review, approval, and implementation by NMFS. The Comprehensive ACL Amendment amends the Fishery Management Plans (FMPs) for the Snapper-Grouper Fishery of the South Atlantic Region, the Golden Crab Fishery of the South Atlantic Region, the Dolphin and Wahoo Fishery off the Atlantic States, and the Pelagic Sargassum Habitat of the South Atlantic Region. The Comprehensive ACL Amendment proposes actions to specify annual catch limits (ACLs), allowable biological catch (ABC), ABC control rules, and accountability measures (AMs) for species in the FMPs for Snapper- Grouper, Dolphin and Wahoo, Golden Crab, and Sargassum. The Comprehensive ACL Amendment proposes to specify ABC, and describe the current terminology and measures in place in the Sargassum FMP that are consistent with an ACL and AMs. For Sargassum, this amendment would not specifically set an ACL because there is currently a commercial quota in place which functions as an ACL, and there are commercial closure provisions in the event the quota is met or projected to be met which functions as an AM. Sector allocations, annual catch targets (ACTs), and management measures are also proposed for species in the Snapper- Grouper and Dolphin and Wahoo FMPs. In addition, the Comprehensive ACL Amendment proposes actions to the snapper-grouper fishery management unit (FMU), including the removal of some species, designation of ecosystem component (EC) species, and the development of species groups.
Proposed Information Collection; Comment Request; Deep Seabed Mining Exploration Licenses
Document Number: 2011-27131
Type: Notice
Date: 2011-10-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
Proposed Information Collection; Comment Request; Application to Shuck Surf Clams/Ocean Quahogs at Sea
Document Number: 2011-27130
Type: Notice
Date: 2011-10-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
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.
National Oceanic and Atmospheric Administration
Document Number: 2011-27113
Type: Notice
Date: 2011-10-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Climate Assessment and Development Advisory Committee (NCADAC) were established by the Secretary of Commerce under the authority of the Global Change Research Act of 1990 to synthesize and summarize the science and information pertaining to current and future impacts of climate. Time and Date: The meeting will be held November 16 from 9 a.m. to 5:30 p.m. and November 17, 2011, from 9 a.m. to 3 p.m. These times are subject to change. Please refer to the Web page https:// www.nesdis.noaa.gov/NCADAC/ for changes and for the most up- to-date meeting agenda. Place: The meeting will be held at the NOAA Earth System Research LaboratoryDavid Skaggs Research Center (DSRC), 325 Broadway, Boulder, CO 80305-3337. Please check the Web site https://www.nesdis.noaa.gov/ NCADAC/ for confirmation of the venue and for directions. Status: Seating will be available on a first come, first served basis. Members of the public must RSVP in order to attend all or a portion of the meeting by contacting the NCADAC DFO (Cynthia.Decker@noaa.gov) by November 1, 2011. The meeting will be open to public participation with a 30 minute public comment period on November 16 at 5 p.m. (check Web site to confirm time). The NCADAC expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Individuals or groups planning to make a verbal presentation should contact the NCADAC DFO (Cynthia.Decker@noaa.gov) by November 10, 2011 to schedule their presentation. Written comments should be received in the NCADAC DFO's Office by November 10, 2011 to provide sufficient time for NCADAC review. Written comments received by the NCADAC DFO after November 10, 2011 will be distributed to the NCADAC, but may not be reviewed prior to the meeting date. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Dr. Cynthia Decker (301-563- 6162, Cynthia.Decker@noaa.gov) by November 1, 2011.
Endangered and Threatened Species; Designation of Critical Habitat for the Southern Distinct Population Segment of Eulachon
Document Number: 2011-26950
Type: Rule
Date: 2011-10-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
We, the National Marine Fisheries Service (NMFS), issue a final rule to designate critical habitat for the southern Distinct Population Segment (DPS) of Pacific eulachon (Thaleichthys pacificus), pursuant to section 4 of the Endangered Species Act (ESA). We designate 16 specific areas as critical habitat within the states of California, Oregon, and Washington. The designated areas are a combination of freshwater creeks and rivers and their associated estuaries, comprising approximately 539 km (335 mi) of habitat. The Tribal lands of four Indian Tribes are excluded from designation after evaluating the impacts of designation and benefits of exclusion associated with Tribal land ownership and management by the Tribes. No areas were excluded from designation based on economic impacts. This final rule responds to and incorporates public comments received on the proposed rule and supporting documents, as well as peer reviewer comments received on our draft biological report and draft economic report.
Indirect Cost Rates for the Damage Assessment, Remediation, and Restoration Program for Fiscal Years 2009 and 2010
Document Number: 2011-26637
Type: Notice
Date: 2011-10-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration's (NOAA's) Damage Assessment, Remediation, and Restoration Program (DARRP) is announcing new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for fiscal years (FY) 2009 and 2010. The indirect cost rates for these fiscal years and dates of implementation are provided in this notice. More information on these rates and the DARRP policy can be found at the DARRP web site at http:/ /www.darrp.noaa.gov. This notice is a republication of the notice published October 3, 2011 (76 FR 61089) with corrections made to the table of indirect cost rates.
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