Department of Commerce February 2012 – Federal Register Recent Federal Regulation Documents

NMFS closes the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the vermilion snapper resource.

Notice is hereby given that James T. Harvey, Ph.D., Moss Landing Marine Laboratories, 8272 Moss Landing Road, Moss Landing, CA 95039, has applied in due form for a permit to conduct scientific research on harbor seals (Phoca vitulina).

Notice is hereby given that the Alliance of Marine Mammal Parks and Aquariums (The Alliance), 2850 Ranch Reserve Lane, Westminster, Colorado 80234 (Kristi West, Ph.D., Principal Investigator) and Russell Fielding, Ph.D., Department of Geography, University of Denver, 2050 E. Iliff Avenue, Denver, CO 80208, have been issued minor amendments to Scientific Research Permit Nos. 1076-1789 and 14502.

The Foreign-Trade Zones Board (the Board) hereby revises its regulations issued pursuant to the Foreign-Trade Zones (FTZ) Act of 1934, as amended (the Act), concerning the authorization and regulation of foreign-trade zones and zone activity in the United States. The rule is comprehensive and constitutes a complete revision, replacing the present version of 15 CFR part 400. The changes simplify many of the Board's procedures, including those for users to obtain authority related to manufacturing and value-added activity, and include new rules designed to address compliance with the Act's requirement for a grantee to provide uniform treatment for the users of a zone. The new rules improve flexibility for U.S.-based operations, including export- oriented activity; enhance clarity; and strengthen compliance and enforcement. The revisions also reorganize the regulations in the interest of ease-of-use and transparency.

The Marine Mammal Protection Act (MMPA) requires NMFS to publish in the Federal Register a list of fisheries that have been authorized to take threatened or endangered marine mammals. A list of such fisheries was published December 29, 2010, which authorized the taking of certain marine mammals listed as threatened or endangered under the Endangered Species Act (ESA) incidental to commercial fishing. With issuance of this notice, NMFS adds West Coast groundfish fisheries to this list for one stock of marine mammalsthe Eastern U.S. stock of Steller sea lions.

The South Atlantic Fishery Management Council (Council) has submitted Amendment 24 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. Amendment 24 proposes actions to revise definitions of management thresholds for South Atlantic red grouper; establish a rebuilding plan; establish red grouper sector annual catch limits (ACLs) based on allocation decisions, a recreational annual catch target (ACT), and sector accountability measures (AMs); and remove the combined gag, black grouper, and red grouper ACLs and AMs. The intent of Amendment 24 is to implement a rebuilding plan for red grouper to help achieve optimum yield (OY) for the red grouper resource in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

NMFS closes the hook-and-line component of the commercial sector of the coastal migratory pelagic fishery for king mackerel in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource.

On October 20, 2011, the Department of Commerce (Department) published the partial preliminary results of the 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 is issuing these partial final results for the PRC-wide entity only. Based on the analysis of the record and the comments received, the Department finds that seven companies subject to this review, including mandatory respondents, Shandong Longtai Fruits and Vegetables Co., Ltd. (Longtai) and Weifang Hongqiao International Logistic Co., Ltd. (Hongqiao), did not demonstrate their eligibility for separate rate status and, thus, will be considered part of the PRC-wide entity for purposes of these final results. These companies are listed in Appendix I. The Department is also rescinding the review with respect to 14 exporters who had ``no shipments'' during the POR. A list of these companies is found in Appendix II.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Authorization Validated End-User (VEU) listings for five VEUs in the People's Republic of China (PRC) and one VEU in India. For Applied Materials (China), Inc. (AMAT), this rule amends the eligible items AMAT may receive under Authorization VEU. For Boeing Tianjin Composites Co., Ltd. (BTC), this rule amends the eligible items the company may receive under Authorization VEU and revises the address of the eligible destination (i.e., facility) to which items may be exported, reexported, or transferred (in-country) under Authorization VEU. For CSMC Technologies Corporation (CSMC), this rule revises the address of one eligible destination. For Lam Research Corporation (Lam), this rule revises the list of facilities to which eligible items may be exported, reexported, or transferred (in-country) under Authorization VEU. For Semiconductor Manufacturing International Corporation (SMIC), this rule revises the list of eligible items that may be exported, reexported, or transferred (in-country) to SMIC under Authorization VEU. Finally, this rule revises the listed name for GE India to GE India Industrial Pvt Ltd. (GE India), amends the list of eligible items that may be exported, reexported, or transferred (in-country) to GE India under Authorization VEU, and removes one of the company's eligible destinations.

NMFS announces that, effective 0001 hr, February 24, 2012, federally permitted vessels may not fish for, catch, possess, transfer, or land more than 2,000 lb (907.2 kg) of Atlantic herring in or from Management Area 1B per calendar day until January 1, 2013, when the 2013 sub-ACL for Area 1B becomes available, except when transiting as described in this notice. This action is based on the determination that the revised Atlantic herring sub-ACL limit allocated to Area 1B for 2012 has been exceeded as of February 24, 2012.

This final rule amends the regulations of the Bureau of Economic Analysis, Department of Commerce (BEA) to add new entities that are required to report information on the BE-150, Quarterly Survey of Cross-Border Credit, Debit, and Charge Card Transactions, to change the survey title, and to collect data in greater detail. Specifically, this rule expands the covered entities to include companies that operate debit networks based on a personal identification number (PIN). PIN-based debit network companies will be required to report on cross- border transactions between U.S. cardholders traveling abroad and foreign businesses and foreign cardholders traveling in the United States and U.S. businesses. This change improves the identification of cross-border travel transactions. This rule also changes the survey title from Quarterly Survey of Cross-Border Credit, Debit, and Charge Card Transactions to Quarterly Survey of Payment Card and Bank Card Transactions Related to International Travel to reflect this change to the regulations. In addition, this rule makes certain changes to the BE-150 form to collect data in greater detail. The revised BE-150 survey will be conducted on a quarterly basis beginning with the first quarter of 2012.

The SEDAR assessment of the HMS stocks of Gulf of Mexico blacktip sharks will consist of one workshop and a series of webinars.

On November 1, 2011, the Department of Commerce (``the Department'') initiated the third sunset review of the antidumping duty order on silicon metal from the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). Based on the notice of intent to participate and adequate substantive response filed by the domestic interested party, and the lack of response from any respondent interested party, the Department conducted an expedited (120-day) sunset review of the antidumping duty order on silicon metal from the PRC, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Review'' section of this notice, infra.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2012 Pacific cod total allowable catch (TAC) specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI.

This rule proposes catch limits and associated measures for the Northeast Skate Complex Fishery for the 2012-2013 fishing years. The proposed action was developed by the New England Fishery Management Council pursuant to the provisions of the Northeast Skate Complex Fishery Management Plan. The proposed catch limits are supported by the best available scientific information and reflect recent increases in skate biomass.

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 January 13, 2011, Continuation of the National Emergency with Respect to Terrorists Who Threaten to Disrupt the Middle East Peace Process, with citations to the President's Notice of January 12, 2012, and add citations to the President's Notice of September 21, 2011, Continuation of the National Emergency With Respect to Persons Who Commit, Threaten to Commit, or Support Terrorism. These notices are the most recent such annual Presidential notices on those subjects. BIS is making these changes to keep the CFR's legal authority citations for the EAR current.

On February 10, 2012, Maquilacero S.A. de C.V. filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Panel Review was requested of the U.S. Department of Commerce's final determination regarding Light-Walled Rectangular Pipe and Tube from Mexico, Final Results of 2009-2010 Antidumping Duty Administrative Review. This determination was published in the Federal Register (77 FR 1915), on January 12, 2012. The NAFTA Secretariat has assigned Case Number USA-MEX-2012-1904-01 to this request.

On December 14, 2011, the Department of Commerce (``Department'') published the final 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'').\1\ The period of review is November 20, 2008, through April 30, 2010. We are amending our Final Results to correct a ministerial error made in the calculation of the antidumping duty margin for Yixing Union Biochemical Co., Ltd. (``Yixing Union'') pursuant to section 751(h) of the Tariff Act of 1930, as amended (``the Act'').

The Gulf of Mexico Fishery Management Council will convene three Web based meetings of the ABC Control Rule Working Group.

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.