Department of Commerce December 9, 2011 – Federal Register Recent Federal Regulation Documents

Draft Policy on Interpretation of the Phrase “Significant Portion of Its Range” in the Endangered Species Act's Definitions of “Endangered Species” and “Threatened Species”
Document Number: 2011-31782
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration, Fish and Wildlife Service, Department of the Interior
We, the United States Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services), announce a draft policy to provide our interpretation of the phrase ``significant portion of its range'' in the Endangered Species Act's (Act's) definitions of ``endangered species'' and ``threatened species.'' The purpose of this notice is to provide a draft interpretation and application of ``significant portion of its range'' that reflects a permissible reading of the law and its legislative history and minimizes undesirable policy outcomes, while fulfilling the conservation purposes of the Act. We seek public comments on this draft policy. It is our intent to publish a final policy that will provide a consistent standard for interpretation of the phrase and its role in listing determinations that will be accorded deference by the federal courts.
Polyethylene Terephthalate Film, Sheet, and Strip From Taiwan: Final Results of Antidumping Duty Administrative Review
Document Number: 2011-31695
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet and strip (PET Film) from Taiwan. The period of review (POR) for this administrative review is July 1, 2009, through June 30, 2010. This review covers the following producers/exporters of the subject merchandise: Nan Ya Plastics Corporation, Ltd. (Nan Ya), and Shinkong Synthetic Fibers Corporation and Shinkong Materials Technology Co., Ltd. (collectively, Shinkong). We invited interested parties to comment on our Preliminary Results.\1\ Based on our analysis of the comments received, we have made changes to the margin applied to Nan Ya, which are discussed in the ``Changes Since the Preliminary Results'' section, below. Therefore, the final results for Nan Ya differ from the Preliminary Results. The final dumping margins for this review are listed in the ``Final Results of Review'' section, below.
Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Antidumping Duty Administrative Review
Document Number: 2011-31693
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, International Trade Administration
On August 5, 2011, the Department of Commerce (Department) published the preliminary results of administrative review of the antidumping duty order on polyethylene terephthalate film (PET Film) from India.\1\ This review covers one producer/exporter of subject merchandise: Ester Industries Ltd. (Ester). Based on the results of our analysis of the comments received, we did not make any changes to the preliminary results. However, the Department did make changes to the preliminary results of the concurrent countervailing duty administrative review. Accordingly, we adjusted Ester's U.S. price in our margin calculations for Ester's export subsidy rate calculated for the final results of review, causing a change in the antidumping duty margin calculated for these final results. For the final dumping margins, see the ``Final Results of Review'' section below.
Polyethylene Terephthalate Film, Sheet, and Strip From India: Final Results of Countervailing Duty Administrative Review
Document Number: 2011-31691
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, International Trade Administration
On August 1, 2011, the Department of Commerce (the Department) issued the preliminary results of the administrative review of polyethylene terephthalate film, sheet and strip (PET Film) from India for Ester Industries Ltd. (Ester), covering the period of review (POR) from January 1, 2009, through December 31, 2009. Based on the results of our analysis of the comments received, we continue to find that subject merchandise produced and exported by Ester has benefitted from countervailable subsidies provided on the production and export of PET Film from India. Also, based on our analysis of Ester's comments, we made certain revisions to the calculations of certain subsidy programs. The final subsidy rate for Ester is listed below in the section titled ``Final Results of Administrative Review.'' The Department will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties at the final subsidy rate.
Impact of Implementing the Chemical Weapons Convention (CWC) on Commercial Activities Involving “Schedule 1” Chemicals Through Calendar Year 2011; Impact of Adding Salts of CWC “Schedule 1” Chemicals to “Schedule 1;” Impact of Declaring Production of “Schedule 1” Chemicals as Intermediates
Document Number: 2011-31690
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, Bureau of Industry and Security
The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention (CWC), through the Chemical Weapons Convention Implementation Act (CWCIA), and the Chemical Weapons Convention Regulations (CWCR), has had on commercial activities involving ``Schedule 1'' chemicals during calendar year 2011. Additionally, BIS seeks public comments on whether the addition of salts of certain CWC ``Schedule 1'' chemicals (e.g., saxitoxin or nitrogen mustards) to the list of ``Schedule 1'' chemicals in the CWC Annex on Chemicals would impact any commercial activities. Finally, BIS is seeking public comments on whether any commercial chemical production activities in the U.S. could possibly involve the production of a ``Schedule 1'' chemical as an intermediate in the synthesis of other chemicals. In this regard, note that the CWC, CWCIA, and CWCR have the potential to impact commercial activities, not only when the ``Schedule 1'' chemicals are end products, but whenever ``Schedule 1'' chemicals (e.g., nitrogen mustards) are produced as intermediates in the synthesis of other chemicals.
Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Rescission of the 2010-2011 Antidumping Duty Administrative Review
Document Number: 2011-31688
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, International Trade Administration
The Department of Commerce (``the Department'') is rescinding the administrative review of the antidumping duty order on circular welded carbon quality steel pipe (``CWP'') from the People's Republic of China (``PRC'') for the period of review (``POR'') of July 1, 2010, through June 30, 2011, with respect to twenty-nine companies. This rescission is based on the timely withdrawal of the requests for review by the only interested party that requested review of these companies.
Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Order 12938
Document Number: 2011-31687
Type: Rule
Date: 2011-12-09
Agency: Department of Commerce, Bureau of Industry and Security
This rule updates the Code of Federal Regulations (CFR) legal authority citations for the Export Administration Regulations (EAR) to replace citations to the President's Notice of November 4, 2010, Continuation of Emergency Regarding Weapons of Mass Destruction, with citations to the President's Notice of November 9, 2011 on the same subject. BIS is making these changes to keep the CFR's legal authority citations for the EAR current.
Pure Magnesium From the People's Republic of China: Final Results of the 2009-2010 Antidumping Duty Administrative Review of the Antidumping Duty Order
Document Number: 2011-31681
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, International Trade Administration
On June 8, 2011, the Department of Commerce (``Department'') published in the Federal Register the preliminary results in the 2009- 2010 antidumping duty administrative review of pure magnesium from the People's Republic of China (``PRC'').\1\ The period of review (``POR'') is May 1, 2009, through April 30, 2010. We initiated an administrative review of the antidumping duty order on pure magnesium from the PRC with respect to Tianjin Magnesium International Co., Ltd. (``TMI''). We determined that TMI did not make sales in the United States at prices below normal value (``NV'') in the Preliminary Results. We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments received, we made changes to the margin calculations for TMI. The final dumping margin for this review is listed in the ``Final Results Margins'' section below.
Certain Welded Carbon Steel Pipe and Tube From Turkey: Notice of Final Results of Antidumping Duty Administrative Review
Document Number: 2011-31678
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, International Trade Administration
On June 8, 2011, the Department of Commerce (``the Department'') published the preliminary results of the antidumping duty administrative review of certain welded carbon steel pipe and tube from Turkey. The administrative review covers the Borusan Group \1\ and Toscelik,\2\ producers and exporters of the subject merchandise. The period of review (``POR'') is May 1, 2009, through April 30, 2010.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
Document Number: 2011-31677
Type: Rule
Date: 2011-12-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS has determined that the Atlantic tunas General category daily retention limit of Atlantic bluefin tuna (BFT) should be adjusted for the January 2012 subquota period, based on consideration of the regulatory determination criteria regarding inseason adjustments. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels (when fishing commercially for BFT).
Certain Pasta From Italy: Notice of Final Results of the Fourteenth Antidumping Duty Administrative Review
Document Number: 2011-31676
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, International Trade Administration
On August 8, 2011, the Department of Commerce (the Department) published the preliminary results of the fourteenth administrative review for the antidumping duty order on certain pasta from Italy.\1\ The review covers two manufacturers/exporters and 11 non-selected companies. Pastificio Lucio Garofalo S.p.A. (``Garofalo'') and Molino e Pastificio Tomasello S.p.A. (``Tomasello'') were selected as mandatory respondents.\2\ The period of review (``POR'') is July 1, 2009, through June 30, 2010.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
Document Number: 2011-31675
Type: Rule
Date: 2011-12-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is reallocating the projected unused amounts of Pacific cod total allowable catch (TAC) from catcher vessels using trawl gear and jig gear sectors to American Fisheries Act (AFA) trawl catcher/ processors and catcher/processors using hook-and-line gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2011 TAC of Pacific cod to be harvested.
Fisheries of the Exclusive Economic Zone Off Alaska; Sculpins in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area
Document Number: 2011-31674
Type: Rule
Date: 2011-12-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS apportions amounts of the non-specified reserve to the initial total allowable catch of sculpins in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. This action is necessary to allow fishing operations to continue. It is intended to promote the goals and objectives of the fishery management plan for the Bering Sea and Aleutian Islands management area.
Endangered Species; File No. 16134
Document Number: 2011-31671
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that Virginia Aquarium and Marine Science Center Foundation [Responsible Party: Mark Swingle], 717 General Booth Blvd. Virginia Beach, VA 23451, has applied in due form for a permit to take green (Chelonia mydas), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), and loggerhead (Caretta caretta) sea turtles for purposes of scientific research.
Marine Mammals; File No. 16473
Document Number: 2011-31669
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that D. Ann Pabst, Ph.D., University of North Carolina Wilmington, has applied in due form for a permit to conduct research on marine mammals.
Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting-Room Change
Document Number: 2011-31585
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, Bureau of Industry and Security
Submission for OMB Review; Comment Request
Document Number: 2011-31569
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, United States Patent and Trademark Office
Marine Mammals
Document Number: 2011-31564
Type: Notice
Date: 2011-12-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NOAA's Office of Science and Technology, Silver Spring, MD, (Brandon Southall, Ph.D.Principal Investigator) has applied for an amendment to Scientific Research Permit No. 14534-01.
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