Department of Commerce 2011 – Federal Register Recent Federal Regulation Documents

NMFS will present two public workshops on the Central Gulf of Alaska Rockfish Program (Rockfish Program) for potentially eligible participants and other interested parties. At each workshop, NMFS will provide an overview of the proposed Rockfish Program, discuss the key differences between the Rockfish Program and the Rockfish Pilot Program, provide information on the proposed rule comment process, and answer questions. NMFS is conducting these public workshops to assist fishery participants in understanding and reviewing the proposed rule that would implement this new Rockfish Program.

The Assistant Administrator for Fisheries, NMFS, (Assistant Administrator) has renewed the affirmative finding for the Government of Spain under the Marine Mammal Protection Act (MMPA). This affirmative finding will allow yellowfin tuna harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Spanish-flag purse seine vessels or purse seine vessels operating under Spanish jurisdiction to be imported into the United States. The affirmative finding was based on review of documentary evidence submitted by the Government of Spain and obtained from the Inter-American Tropical Tuna Commission (IATTC).

On May 3, 2011, the Department of Commerce (Department) published a preliminary intent to rescind the new shipper reviews (NSRs) of fresh garlic from the People's Republic of China (PRC) covering the period of review (POR) November 1, 2009, through April 30, 2010, for Jining Yifa Garlic Produce Co., Ltd. (Jining Yifa) and Shenzhen Bainong Co., Ltd. (Shenzhen Bainong) and November 1, 2009, through May 31, 2010, for Yantai Jinyan Trading Inc. (Yantai Jinyan). See Fresh Garlic From the People's Republic of China: Preliminary Intent To Rescind New Shipper Reviews, 76 FR 24857 (May 3, 2011) (Preliminary Intent to Rescind). The Department preliminarily found that Jining Yifa's and Shenzhen Bainong's sales were not bona fide. The Department preliminarily found that Yantai Jinyan was not entitled to an NSR. The Department continues to find that the U.S. sales of subject merchandise exported by Jining Yifa and Shenzhen Bainong during the POR were not bona fide and is rescinding the NSRs of Jining Yifa and Shenzhen Bainong. After analyzing the comments submitted by parties with respect to Yantai Jinyan, the Department continues to find that Yantai Jinyan was not entitled to an NSR. Therefore, the Department is rescinding Yantai Jinyan's NSR.

NMFS announces the availability of the ``Draft Programmatic Environmental Impact Statement (PEIS) for Hawaiian monk seal Recovery Actions.'' Publication of this notice begins the official public comment period for the Draft PEIS. The purpose of the Draft PEIS is to evaluate, in compliance with the National Environmental Policy Act (NEPA), the potential direct, indirect, and cumulative impacts of implementing the alternative approaches for funding, undertaking, and permitting the management, research and enhancement activities on Hawaiian monk seals, as well as other components of the marine ecosystem and human environment.

Notice is hereby given that the Springfield Science Museum, 21 Edwards Street, Springfield, Massachusetts 01103 [David J. Stier, Responsible Party], has applied in due form for a permit to hold and transport shortnose sturgeon (Acipenser brevirostrum) for the purposes of enhancement.

NMFS has received a complete and adequate application from the Port of Vancouver, USA (Port) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to pile driving during construction of the Terminal 5 Bulk Potash Handling Facility. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing to issue an IHA to incidentally harass, by Level B harassment only, three species of marine mammals during the specified activity within a specific geographic area and is requesting comments on its proposal.

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.

Notice is hereby given that NMFS has received an application from the Washington Department of Fish and Wildlife (WDFW), for a direct take permit pursuant to the Endangered Species Act of 1973, as amended (ESA). The duration of the proposed Permit is ten years. This document serves to notify the public of the availability for comment of the permit application. All comments received will become part of the public record and will be available for review pursuant to the ESA.

NMFS announces that 90 percent of the Trimester 2 Loligo squid (Loligo) quota is projected to be harvested by 0001 hours, August 23, 2011. Therefore, the directed Loligo fishery in the Exclusive Economic Zone (EEZ) will be closed as of 0001 hours, August 23, 2011, and vessels issued a Federal permit are prohibited from possessing or landing more than 2,500 lb (1.13 mt) of Loligo for the remainder of Trimester 2 (through August 31, 2011). The directed Loligo fishery will re-open for Trimester 3 on September 1, 2011. This action is necessary to prevent the fishery from exceeding its Trimester 2 allocation of 11,190,664 lb (5,076 mt), and to allow for effective management of this stock.

On April 23, 2010, the Department of Commerce (the Department) published in the Federal Register the initiation of an antidumping circumvention inquiry to determine if certain products were circumventing the antidumping duty order on certain cut-to-length carbon steel plate from the People's Republic of China (PRC).\1\ That initiation indicated the merchandise subject to the inquiry was produced by Wuyang Iron and Steel Co., Ltd. (Wuyang), but also noted the Department intended ``to address whether its circumvention ruling will apply to particular producers, exporters, and/or importers * * * or to all U.S. imports'' of certain cut-to-length carbon steel plate from the PRC. Id. at 21242. On February 22, 2011, the Department published its notice of affirmative preliminary determination of circumvention in which it found that imports from the PRC of certain cut-to-length carbon steel plate products with 0.0008 percent or more boron, by weight, regardless of the producer or exporter or importer of the merchandise, and otherwise meeting the description of in-scope merchandise, are within the class or kind of merchandise subject to the order on certain cut-to-length carbon steel plate from the PRC.\2\ We gave interested parties an opportunity to comment on the Preliminary Determination, and received briefs and rebuttal briefs from various parties. After evaluating the comments submitted by parties, we find no basis for altering the preliminary determination referenced above. Therefore, we continue to determine that imports of the aforementioned merchandise are circumventing the order on cut-to-length carbon steel plate from the PRC.

Notice is hereby given that Brent Stewart, Ph.D., J.D., Hubbs SeaWorld Research Institute, 2595 Ingraham Street, San Diego, CA, 92109, has applied in due form for a permit to conduct research on California sea lions (Zalophus californianus), northern elephant seals (Mirounga angustirostris), and harbor seals (Phoca vitulina).

NIST is extending the deadline for submitting comments regarding the governance structure for the National Strategy for Trusted Identities in Cyberspace (NSTIC) to 3 p.m. Eastern Time, August 30, 2011. NIST will accept only electronic submissions during the extended time period.