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

On November 29, 2011, the Court of International Trade (CIT) issued an order in Tata Steel Limited v. United States, and United States Steel Corporation and Nucor Corporation, Court No. 10-00219, Order of Judgment By Stipulation of the Parties (November 29, 2011) (Tata) pertaining to the Department's agreement with Tata Steel Limited (Tata), setting the final countervailing rate for the period of review (POR) of January 1, 2008, through December 31, 2008 (2008 POR) to 102.74 percent, and specifying the future countervailing duty cash deposit rate to 102.74 percent for that company. The Department is amending the final results of the administrative review of the countervailing duty order on certain hot-rolled carbon steel flat products (HRCS) from India covering the 2008 POR, to reflect the CIT's order in Tata.

This notice sets forth the schedule and proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC).

NMFS announces that fish quotas are available for harvest in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make fishing privileges available on an equitable basis.

On June 10, 2011, the Department of Commerce (``Department'') published the preliminary results of the first administrative review of the antidumping duty order on citric acid and certain citrate salts (``citric acid'') from the People's Republic of China (``PRC''), covering the period November 20, 2008, through April 30, 2010. See Citric Acid and Certain Citrate Salts from the People's Republic of China: Preliminary Results of the First Administrative Review of the Antidumping Duty Order; and Partial Rescission of Administrative Review, 76 FR 34048 (June 10, 2011) (``Preliminary Results''). We invited interested parties to comment on our Preliminary Results. Based on our findings from on-site verifications and analysis of the comments received, we made certain changes to our margin calculations for the respondents. The final dumping margins for this review are listed in the ``Final Results of the Review'' section below.

Notice is hereby given that a major amendment to Permit No. 781-1824-01 has been issued to the Northwest Fisheries Science Center (NWFSC, Dr. M. Bradley Hanson, Principal Investigator), 2725 Montlake Blvd. East, Seattle, Washington 98112-2097.

Pursuant to Rule 71(3) of the Rules of Procedure for Article 1904 Binational Panel Review, ``A panel review is deemed to be terminated on the day after the expiration of the limitation period established pursuant to subrule 39(1) if no Complaint has been filed in a timely manner.'' Pursuant to Rule 39(1), no Complaint was filed on January 21, 2011. No panel was appointed to this panel review. The panel review terminated effective January 22, 2011.

NMFS proposes regulations to implement Amendment 93 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The proposed regulations would apply exclusively to the directed pollock trawl fisheries in the Central and Western Reporting Areas of the Gulf of Alaska (GOA) (Central and Western GOA). If approved, Amendment 93 would establish separate prohibited species catch (PSC) limits in the Central and Western GOA for Chinook salmon (Oncorhynchus tshawytscha), which would cause NMFS to close the directed pollock fishery in the Central or Western regulatory areas of the Gulf of Alaska, if the applicable limit is reached. This action also would require retention of salmon by all vessels in the Central and Western GOA pollock fisheries until the catch is delivered to a processing facility where an observer is provided the opportunity to count the number of salmon and to collect scientific data or biological samples from the salmon. Amendment 93 would increase observer coverage on vessels less than 60 feet (18.3 m) length overall that participate in the directed pollock fishery in the Central or Western regulatory areas of the GOA by January 2013, unless the restructured North Pacific Groundfish Observer Program is in place by this time. Amendment 93 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

The ONMS is seeking applications for the following vacant seats on the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council: Native Hawaiian Representative, Ocean Related Tourism Representative, Conservation Alternate, Native Hawaiian (Elder) Alternate, and, two Native Hawaiian Alternates. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; and philosophy regarding the protection and management of marine and cultural resources. Applicants, who are chosen as members, should expect to serve 2 year terms, pursuant to the council's charter, or until a Monument Alliance is formed in compliance with the Federal Advisory Committee Act (FACA).

This final rule establishes the 2012 harvest specifications and management measures for certain groundfish species taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Pacific Coast Groundfish Fishery Management Plan (PCGFMP). This action includes regulations to implement Secretarial Amendment 1 to the PCGFMP. Secretarial Amendment 1 contains the rebuilding plans for overfished species and new reference points for assessed flatfish species.

We, NMFS, announce a 6-month extension of the deadline for a final determination regarding the December 10, 2010, proposed rule to list two distinct population segments (DPS) of the bearded seal (Erignathus barbatus) as threatened species under the Endangered Species Act of 1973, as amended (ESA). We are taking this action because there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the proposed listing rule. An additional 6 months will allow us to solicit additional data, evaluate and assess special independent peer review of those aspects of the status review report over which there is substantial disagreement, and better inform our final determination on the proposed listing rule.

Notice is hereby given that NMFS has received an application for scientific research from the U.S. Bureau of Reclamation (USBR) in Sacramento, CA. This document serves to notify the public of the availability of the permit application for review and comment before a final approval or disapproval is made by NMFS.

In response to a request from the American Honey Producers Association and the Sioux Honey Association (collectively ``Petitioners''), the Department of Commerce (``Department'') is initiating an anticircumvention inquiry to determine whether certain imports are circumventing the antidumping duty order on honey from the People's Republic of China (``PRC'').

The New England Fishery Management Council (Council) is scheduling a public meeting of its Joint Whiting Oversight and Advisory Panel, in January, 2012, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

The Department of Commerce (``the Department'') has completed its administrative review of the countervailing duty (``CVD'') order on citric acid and certain citrate salts from the People's Republic of China (``PRC'') for the period September 19, 2008 through December 31, 2009. On June 8, 2011, we published the preliminary results of this review. See Citric Acid and Certain Citrate Salts from the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review, 76 FR 33219 (June 8, 2011) (``Preliminary Results''). We provided interested parties with an opportunity to comment on the preliminary results. Our analysis of the comments submitted as well as incorporation of our post-preliminary analyses led to a change in the net subsidy rates. The final net subsidy rates for RZBC Co., Ltd.; RZBC Import & Export Co., Ltd.; RZBC (Juxian) Co., Ltd.; and RZBC Group Co., Ltd. (collectively, ``RZBC''), and Yixing- Union Biochemical Co., Ltd. (``Yixing-Union'') and Yixing-Union Cogeneration Co., Ltd. (``Cogeneration'') (collectively, ``Yixing'') are listed below in the section entitled ``Final Results of Review.''

The New England Fishery Management Council has submitted Amendment 17 to the Northeast Multispecies Fishery Management Plan for review by the Secretary of Commerce. NMFS is requesting comments from the public on Amendment 17, which was adopted by the Council, including an Environmental Assessment prepared by NMFS, to explicitly define and facilitate the effective operation of state-operated permit banks.

Free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops will be held in January, February, and March of 2012. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be conducted during 2012.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by moving the substantive provisions of the comprehensive sanctions on Syria from General Order No. 2 in Supplement No. 1 to part 736 to a revised Sec. 746.9. This rule also includes conforming changes to the EAR. This rule will facilitate compliance with the comprehensive sanctions on Syria.

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.