Department of Commerce 2011 – Federal Register Recent Federal Regulation Documents

In response to a request from interested parties, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from Korea on July 28, 2011.\1\ This review covers one company, Kolon Industries, Inc. (Kolon) for the period of review (POR) of June 1, 2010, through May 31, 2011. On November 18, 2011, the Department published in the Federal Register notice of revocation of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from Korea with regard to Kolon, effective June 1, 2010.\2\ Based on the revocation of the order with regard to Kolon, we are now rescinding this administrative review.

The Department of Commerce (``Department'') is currently conducting a new shipper review (``NSR'') of the antidumping duty order on certain steel nails (``nails'') from the People's Republic of China (``PRC''). On September 12, 2011, we published in the Federal Register our preliminary notice to rescind the NSR with respect to Shanghai Colour \1\ on the basis that its sale to the United States did not constitute a bona fide transaction.\2\ Because we received no comments or new information after the publication of our intent to rescind this NSR, we have made no changes to our preliminary decision. Therefore, we have determined that this NSR should be rescinded.

Notice is hereby given that Dr. Peter Tyack, Woods Hole Oceanographic Institution, Woods Hole, MA has applied for an amendment to Permit No. 14241-02 to conduct research on marine mammals.

The National Marine Fisheries Service (NMFS) is finalizing requirements for fishermen to replace currently required Mobile Transmitting Unit (MTU) Vessel Monitoring System (VMS) units with Enhanced Mobile Transmitting Unit (E-MTU) VMS in Atlantic HMS fisheries. The key difference between MTU and E-MTU VMS units is that the E-MTU VMS units are capable of two-way communication. The purpose of this final action is to facilitate enhanced communication with HMS vessels at sea, provide HMS fishery participants with an additional means of sending and receiving information at sea, ensure that HMS VMS units are consistent with the current VMS technology and type approval requirements that apply to newly installed units, and to provide NMFS enforcement with additional information describing gear onboard and target species. This rule affects all HMS pelagic longline (PLL), bottom longline (BLL), and shark gillnet fishermen who are currently required to have VMS onboard their vessels.

In accordance with section 751(c) of the Tariff Act of 1930, as amended (``the Act''), the Department of Commerce (``the Department'') is automatically initiating a five-year review (``Sunset Review'') of the antidumping duty orders listed below. The International Trade Commission (``the Commission'') is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders.

NMFS withdraws the temporary rule that would have closed the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean as a result of the fishery reaching the 2011 catch limit. NMFS no longer expects that the fishery will reach the limit by the date specified in the temporary rule.

The United States Patent and Trademark Office (Office) is revising the patent term adjustment provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) provide for a reduction of any patent term adjustment if the applicant failed to engage in reasonable efforts to conclude prosecution of the application. The Office is revising the rules of practice pertaining to the reduction of patent term adjustment for applicant delays to exclude information disclosure statements resulting from the citation of information in a counterpart application that are promptly filed with the Office. The rule change allows the diligent applicant to avoid patent term adjustment reduction for an IDS submission that results from a communication from the Office. Presently, the rule only provides relief if the IDS was cited as a result of a communication from a foreign patent office. Under this final rule, there will be no reduction of patent term adjustment in the following situations: when applicant promptly submits a reference in an information disclosure statement after the mailing of a notice of allowance if the reference was cited by the Office in another application, or when applicant promptly submits a copy of an Office communication (e.g., an Office action) in an information disclosure statement after the mailing of a notice of allowance if the Office communication was issued by the Office in another application or by a foreign patent office in a counterpart foreign application. The above changes are intended to ensure compliance with AIPA in light of the evolving case law.

NMFS publishes regulations to implement Amendment 83 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA). Amendment 83 allocates Western and Central GOA Pacific cod total allowable catch (TAC) limits among various gear and operational sectors. Sector allocations limit the amount of Western and Central GOA Pacific cod that each sector is authorized to harvest. This action reduces competition among sectors and supports stability in the Pacific cod fishery. This rule limits access to the Federal Pacific cod TAC fisheries prosecuted in State of Alaska waters, commonly known as the parallel fishery, adjacent to the Western and Central GOA. This action is intended to promote community participation and provide incentives for new entrants in the jig sector. It also promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan, and other applicable laws.

This action implements revisions to the Pacific coast groundfish trawl rationalization program (program), a catch share program, and includes regulations that affect all commercial sectors (limited entry trawl, limited entry fixed gear, and open access) managed under the Pacific Coast Groundfish Fishery Management Plan (FMP). This action includes regulatory amendments to further implement Amendments 20 and 21 to the FMP and an FMP amendment to further revise Amendment 21 (called Amendment 21-1). This action includes, but is not limited to: Revisions to the Pacific halibut trawl bycatch mortality limit; clarification that Amendment 21 supersedes limited entry/open access allocations for certain groundfish species; revisions to the observer coverage requirement while a vessel is in port and before the offload is complete; revisions to the electronic fish ticket reporting requirements; revisions to the first receiver site license requirement; further clarification on moving between limited entry and open access fisheries; a process for end-of-the-year vessel account reconciliation; and an exemption from processing at sea for qualified participants in the Shorebased Individual Fishing Quota (IFQ) Program.

On August 31, 2011, the Department of Commerce (the Department) published its preliminary results of the 2009-2010 new shipper review of the antidumping duty order on honey from Argentina.\1\ This review covers one exporter, Villamora S.A. (Villamora).\2\ The period of review (POR) is December 1, 2009 through November 30, 2010. We invited interested parties to comment on the Preliminary Results and received no comments. Therefore, our final results remain unchanged from our Preliminary Results.

The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with October 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.

The South Atlantic Fishery Management Council (Council) previously published a NOI for Amendment 18 to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 18), on January 28, 2009, which has subsequently been divided into five separate amendments to the FMP for the Snapper- Grouper Fishery of the South Atlantic Region (Snapper-Grouper FMP). The new amendments to the Snapper-Grouper FMP are: Amendment 18A, which is supported by an Environmental Impact Statement (EIS); Amendment 18B, which is supported by an Environmental Assessment (EA); Amendment 18C, for which the specific National Environmental Policy Act (NEPA) document type (EIS or EA) has not yet been determined; Amendment 20A, which is supported by an EA; and Amendment 20B, for which the specific NEPA document has also not yet been determined. If Amendments 18C and 20B to the Snapper-Grouper FMP subsequently require the development of DEISs, NOIs for those amendments will be published in the Federal Register at a later date. This supplemental NOI is intended to inform the public of the Council's decision to divide the actions in Amendment 18 into five separate amendments and subsequently prepare separate supporting NEPA documents for the new amendments. Comments are being solicited on each of the Amendments, regardless of the specific NEPA document being prepared.

NMFS issues this notice to decrease the fee rate for the non- pollock groundfish fishery to repay the $35,000,000 reduction loan to finance the non-pollock groundfish fishing capacity reduction program.

The Department of Commerce (``Department'') hereby publishes a list of scope rulings completed between January 1, 2011, and March 31, 2011. In conjunction with this list, the Department is also publishing a list of requests for scope rulings and anticircumvention determinations pending as of March 31, 2011. We intend to publish future lists after the close of the next calendar quarter.

On August 1, 2011, the Department of Commerce (``Department'') initiated the third sunset reviews of the antidumping duty orders on silicomanganese from Brazil, the People's Republic of China (``PRC''), and Ukraine \1\ pursuant to section 751(c) of the Tariff Act of 1930, as amended (``Act''). The Department received a notice of intent to participate in all three reviews from the domestic interested party, Eramet Marietta, Inc. (``Eramet''), within the time specified in 19 CFR 351.218(d)(1)(i).\2\ On August 31, 2011, the Department received substantive responses from Eramet. Based on the receipt of the substantive responses filed by the domestic interested party within the 30-day deadline as specified by 19 CFR 351.218(d)(3)(i) and the lack of response from any respondent interested party, the Department conducted expedited sunset reviews of the 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 sunset reviews, the Department finds that revocation of the antidumping duty orders would likely lead to continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Reviews'' section of this notice.

The Department of Commerce (the ``Department'') is extending the time limit for the preliminary results of the administrative review of sodium hexametaphosphate (``sodium hex'') from the People's Republic of China (``PRC''). The review covers the period March 1, 2010, through February 28, 2011.

The National Advisory Council on Innovation and Entrepreneurship will hold a meeting on Tuesday, December 13, 2011. The open meeting will be conducted from 10 a.m. to 12 p.m., and will be open to the public via a listen-only conference number (888) 989-4718, passcode NACIE. The Council was chartered on November 10, 2009, to advise the Secretary of Commerce on matters relating to innovation and entrepreneurship in the United States.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a letter of authorization (LOA) has been issued to the Naval Air Warfare Center Weapons Division, U.S. Navy (Navy), to take three species of seals and sea lions incidental to missile launch operations from San Nicolas Island (SNI), California, a military readiness activity.

NMFS issues regulations to limit access of Federally permitted pot and hook-and-line catcher/processors (C/Ps) to the Pacific cod fishery in Alaska State waters within 3 nautical miles of shore adjacent to the Bering Sea and Aleutian Islands management area (BSAI). The affected fishery is commonly known as the ``parallel'' fishery. The parallel fishery is managed by the State of Alaska concurrent with the Federal pot and hook-and-line fishery for Pacific cod in the BSAI. This rule limits access by Federally permitted vessels to the parallel fishery for Pacific cod in three ways. First, it requires an owner of a Federally permitted pot or hook-and-line C/P vessel used to catch Pacific cod in the State of Alaska parallel fishery to be issued the same endorsements on his or her Federal fisheries permit (FFP) or license limitation program (LLP) license as currently are required for catching Pacific cod in the Federal waters of the BSAI. Second, it provides that the owner of a pot or hook-and-line C/P vessel who surrenders an FFP will not be reissued a new FFP for that vessel within the 3-year term of the permit. Third, it requires an operator of any Federally permitted pot or hook-and-line C/P vessel used to catch Pacific cod in the parallel fishery to comply with the same seasonal closures of Pacific cod that apply in the Federal fishery. These three measures are necessary to limit some C/Ps from catching a greater amount of Pacific cod in the parallel fishery than has been allocated to their sector from the BSAI total allowable catch. Maintaining Pacific cod catch amounts within BSAI sector allocations also will reduce the potential for shortened Pacific cod seasons for C/Ps in the Federal fishery. These three measures will improve the effectiveness of NMFS' catch accounting and monitoring requirements on vessels participating in the parallel fishery. This action is intended to promote the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable laws.