Department of Commerce May 2012 – Federal Register Recent Federal Regulation Documents
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Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Bering Sea and Aleutian Islands Management Area
NMFS is opening directed fishing for northern rockfish in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2012 total allowable catch (TAC) of northern rockfish in the BSAI.
Gulf of Mexico Fishery Management Council; Public Meetings
The Gulf of Mexico Fishery Management Council (Council) will convene public meetings.
Atlantic Highly Migratory Species; Commercial Porbeagle Shark Fishery Closure
NMFS is closing the commercial fishery for porbeagle sharks. This action is necessary because landings for the 2012 fishing season have reached at least 80 percent of the available quota.
New England Fishery Management Council (NEFMC); Public Meeting
The New England Fishery Management Council (Council) will hold a three-day meeting on June 19-21, 2012 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Marine Mammals; File No. 17236
Notice is hereby given that Robert A. Garrott, Ecology Department, Montana State University, 310 Lewis Hall, Bozeman, MT, 59717, has applied in due form for a permit to conduct research on Weddell seals (Leptonychotes weddellii).
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that the Shoshone-Bannock Tribes have submitted a Tribal Resource Management Plan (Tribal Plan) to NMFS pursuant to the limitation on take prohibitions for actions conducted under Tribal Plans promulgated under the Endangered Species Act (ESA). The Tribal Plan specifies the management of ceremonial and subsistence fisheries in the Salmon River basin in the State of Idaho that potentially affect Snake River salmon and steelhead listed as threatened under the ESA. This document serves to notify the public of the availability for comment of the proposed evaluation of the Secretary of Commerce (Secretary) as to whether implementation of the Tribal Plan will appreciably reduce the likelihood of survival and recovery of Snake River salmon and steelhead. This notice further advises the public of the availability for review of an Environmental Assessment of the effects of the NMFS determination on the subject Tribal Plan.
Marine Mammals; File No. 16580
Notice is hereby given that Shannon Atkinson, Ph.D., University of Alaska Fairbanks, 17101 Pt. Lena Loop Road, Juneau, AK 99801 has applied in due form for a permit to import, export, and receive marine mammal parts for scientific research.
Marine Mammals; File No. 15240
Notice is hereby given that a permit has been issued to NMFS Pacific Islands Fisheries Science Center (PIFSC), 2570 Dole Street, Honolulu, Hawaii 96822 (Responsible Party: Frank A. Parrish, Ph.D.) to conduct research on cetaceans.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures
NMFS issues this final rule to implement management measures described in a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This rule increases the commercial and recreational quotas for red snapper in the Gulf of Mexico (Gulf) reef fish fishery for the 2012 fishing year, and for the 2013 fishing year if NMFS determines the acceptable biological catch (ABC) is not exceeded in the 2012 fishing year; eliminates the October 1 closure date of the recreational fishing season; and announces the quota closure date of the 2012 recreational fishing season. This final rule is intended to provide more flexibility in managing recreational red snapper and to help achieve optimum yield (OY) for the Gulf red snapper resource without increasing the risk of red snapper experiencing overfishing.
Clad Steel Plate from Japan: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order
On February 1, 2012, the Department of Commerce (the Department) initiated the third sunset review of the antidumping duty order on clad steel plate from Japan, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). On the basis of a notice of intent to participate on behalf of the domestic interested party, and no response from respondent interested parties, the Department conducted an expedited (120-day) sunset review for this order pursuant to 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 the continuation or recurrence of dumping.
Polyethylene Terephthalate Film, Sheet, and Strip From Brazil: Notice of Rescission of Antidumping Duty Administrative Review
In response to a request from DuPont Teijin Films, Mitsubishi Polyester Film, Inc., SKC, Inc., and Toray Plastics (America), Inc. (collectively, petitioners), the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from Brazil for the period November 1, 2010, through October 31, 2011. Based on petitioners' withdrawal of its request, we are now rescinding this administrative review.
Proposed Information Collection; Comment Request; Procedures for Considering Requests and Comments From the Public for Textile and Apparel Safeguard Actions on Imports From Colombia
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.
Changes to Implement Micro Entity Status for Paying Patent Fees
The United States Patent and Trademark Office (Office) is proposing to amend the rules of practice in patent cases to implement the micro entity provision of the Leahy-Smith America Invents Act. Certain patent fees set or adjusted under the fee setting authority in the Leahy-Smith America Invents Act will be reduced by seventy-five percent for micro entities. The Office is proposing changes to the rules of practice to set out the procedures pertaining to claiming micro entity status, paying patent fees as a micro entity, notification of loss of micro entity status, and correction of payments of patent fees paid erroneously in the micro entity amount. In a separate rulemaking, the Office is in the process of proposing to set or adjust patent fees under the Leahy-Smith America Invents Act, including setting fees for micro entities with a seventy-five percent reduction.
Petition for Inclusion of the Arab-American Community in the Groups Eligible for MBDA Services
The Minority Business Development Agency (MBDA) publishes this notice regarding the petition received on January 11, 2012 from the American-Arab Anti-Discrimination Committee (ADC) requesting formal designation of Arab-Americans as a minority group that is socially or economically disadvantaged pursuant to 15 CFR art 1400. The formal designation of the Arab-American community as a group that is socially or economically disadvantaged would allow the members of this community to receive assistance from MBDA funded programs, such as the MBDA Business Center program. The ADC filed a petition, pursuant to 15 CFR part 1400.3, including information specifically related to social and economic discrimination against Arab-Americans. This Notice provides public notice that the United States Department of Commerce (Department) will consider the petition and requests public comment on the propriety of this designation. MBDA will make a decision on the application no later than June 27, 2012.
The National Advisory Council on Innovation and Entrepreneurship; Meeting of the National Advisory Council on Innovation and Entrepreneurship
The National Advisory Council on Innovation and Entrepreneurship will hold a meeting on Tuesday, June 12, 2012. The open meeting will be held from 10:00 a.m.-2:00 p.m. and will be open to the public via conference call. The meeting will take place at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. The Council was chartered on November 10, 2009 to advise the Secretary of Commerce on matter related to innovation and entrepreneurship in the United States.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part
The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with April anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews. The Department also received requests to revoke two antidumping duty orders in part.
Stainless Steel Bar From Japan: Initiation and Preliminary Results of Antidumping Duty Changed-Circumstances Review, and Intent To Revoke Order in Part
On February 14, 2012, in accordance with section 751(b) of the Tariff Act of 1930, as amended (the Act), and section 351.216(b) of the Department of Commerce's (the Department) regulations, Suruga USA Corp. (Suruga), a U.S. importer of subject merchandise, filed a request for a changed-circumstances review of four types of stainless steel bar (SSBar) \1\ that are subject to the antidumping duty order on SSBar from Japan (the Order).
Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Final Results of Antidumping Duty Changed Circumstances Review, and Revocation of Order, in Part
On April 16, 2012, the Department of Commerce (the ``Department'') published in the Federal Register a notice of initiation and preliminary results of the antidumping duty (``AD'') changed circumstances review with intent to revoke, in part, the AD order on non-malleable cast iron pipe fittings from the People's Republic of China (``PRC'').\1\ Given that Anvil International and Ward Manufacturing (``Petitioners'') \2\ are no longer interested in seeking antidumping relief from imports of a particular brake fluid tube connector (``connector''), we are revoking this AD order, in part, with regard to this particular connector.
Atlantic Highly Migratory Species; Atlantic Shark Management Measures
The National Marine Fisheries Service is considering the inclusion of Gulf of Mexico blacktip sharks in an amendment to the 2006 Consolidated Highly Migratory Species Fishery Management Plan that is currently under development. This amendment process began in October 2011 to address the results of recent stock assessments for scalloped hammerhead, dusky, sandbar, and blacknose sharks. A new stock assessment is ongoing for Gulf of Mexico blacktip sharks, and is expected to be complete and available before the amendment process is completed. Therefore, we are considering including Gulf of Mexico blacktip sharks in the amendment to ensure any changes in the shark fisheries as a result of recent stock assessments are considered at the same time for public clarity and for administrative efficiency.
Fishing Capacity Reduction Program for the Pacific Coast Groundfish Fishery
NMFS issues this notice to inform interested parties that the Oregon Pink Shrimp sub-loan in the fishing capacity reduction program for the Pacific Coast Groundfish Fishery has been repaid. Therefore, buyback fee collections on Oregon pink shrimp will cease.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA
NMFS, upon request of the Monterey Bay National Marine Sanctuary (MBNMS), hereby issues regulations pursuant to the Marine Mammal Protection Act (MMPA) to govern the unintentional taking of marine mammals, by harassment, incidental to authorizing professional fireworks displays within the MBNMS in California waters, for the period of July 4, 2012, through July 3, 2017. These regulations, which allow for the issuance of Letters of Authorization for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.
Marine Mammals; File No. 16388
Notice is hereby given that Mark Baumgartner, Ph.D., Woods Hole Oceanographic Institution, MS33 Biology Department, Woods Hole, MA 02543, has applied in due form for a permit to conduct research on humpback whales (Megaptera novaeangliae), fin whales (Balaenoptera physalus), blue whales (B. musculus), sei whales (B. borealis), bowhead whales (Balaena mysticetus), North Atlantic right whales (Eubalaena glacialis), North Pacific right whales (E. japonica), and Eastern North Pacific gray whales (Eschrichtius robustus).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Florida Sea Grant. If granted, the EFP would exempt Florida Sea Grant agents from regulations at Sec. 622.41(m)(3), requiring the use of venting tools when releasing regulatory discarded fish back to the water from July 1, 2012, through July 1, 2013. This study, to be conducted in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) off Florida, is intended to better document the efficacy and practicality of various recompression gear methods.
Endangered Species; File No. 16556
Notice is hereby given that NMFS Northeast Fisheries Science Center (NEFSC; Responsible Party: Frank Almeida), 166 Water St., Woods Hole, MA, 02543 has applied in due form for a permit to take loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), Kemp's ridley (Lepidochelys kempii), and green (Chelonia mydas) sea turtles for purposes of scientific research.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS closes the incidental Longline category southern area fishery for large medium and giant Atlantic bluefin tuna (BFT) for the remainder of 2012. Fishing for, retaining, possessing, or landing BFT in the Longline category southern area is prohibited for the remainder of 2012. This action is being taken to prevent any further overharvest of the Longline category southern area BFT subquota.
Proposed Information Collection; Comment Request; 2012 Survey of Business Owners and Self-Employed Persons (SBO)
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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Proposed Information Collection; Comment Request; Generic Clearance for Program Evaluation Data Collection
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.
North Pacific Fishery Management Council (NPFMC); Public Meeting
The North Pacific Fishery Management Council's (Council) Steller Sea Lion Mitigation Committee (SSLMC) will meet in Juneau, AK.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) ad hoc South of Humbug Pacific Halibut Workgroup (SHPHW) will hold a conference call to review background material on Pacific Halibut stock assessment, catch apportionment, and monitoring in Area 2A.
Northeast Fisheries Science Center, Woods, Hole, MA; Public Meeting/Workshop
NOAA's Northeast Fisheries Science Center will sponsor a workshop to address the stock structure of cod in the Gulf of Maine, Georges Bank, Scotian Shelf and Southern New England regions. The Gulf of Maine Research Institute (GMRI) in Portland, ME will organize and host the meeting scheduled for June 12-14, 2012.
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Affirmative Preliminary Determination of Critical Circumstances
The Department of Commerce (``Department'') preliminarily determines that crystalline silicon photovoltaic cells, whether or not assembled into modules (``solar cells''), from the People's Republic of China (``PRC'') are being, or are likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733 of the Tariff Act of 1930, as amended (``the Act''). The estimated margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice.
Final Withdrawal of Regulations Pertaining to Imports of Cotton Woven Fabric and Short Supply Procedures
Import Administration (``IA'') issues this final rule withdrawing regulations pertaining to imports of cotton woven fabric and short supply procedures. Both sets of regulations are obsolete: The tariff quota on cotton woven fabric expired in 2009, and the short supply voluntary restraints have not affected U.S. trade for over 19 years. The removal of these regulations will simplify research into the trade laws and eliminate confusion for both United States importers and foreign exporters.
Notice of Availability of a Final Supplemental Environmental Impact Statement for Replacement of NOAA National Marine Fisheries Service Southwest Fisheries Science Center in La Jolla, CA
NOAA announces the public release of the Final SEIS in accordance with the National Environmental Policy Act of 1969, the Council on Environmental Quality Regulations, and NOAA Administrative Order 216-6 Environmental Review Procedures for Implementing the National Environmental Policy Act. Since completion of the Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) in April of 2009, substantial changes to the proposed action are being considered by NOAA within portions of the project area containing the 2.5-acre property currently occupied by Southwest Fisheries Science Center (SWFSC) and managed by NOAA under long-term lease from the University of California Office of the President (UCOP). These newly proposed actions were not previously analyzed in the Final EIS/EIR and involve additional demolition activities, substantial excavation and grading, installation of a geohazard soil stabilization system, structural upgrade to remaining structures, and other site alterations. These proposed actions were deemed necessary by NOAA based on additional geotechnical information and design recommendations received since approval of the Final EIS/EIR. A Draft and Final SEIS evaluated each environmental topic addressed in the Final EIS/EIR, and focused on the newly proposed action and its potential effects to the human environment. The No-Action Alternative was analyzed and assumes the newly proposed actions would not be implemented. Comments on the Draft SEIS were received during a 45-day public comment period that ended October 31, 2011. The Final SEIS evaluates and responds to these comments. An opportunity to comment on the Final SEIS is provided for 30 days following this Notice of Availability.
National Fire Codes: Request for Comments on NFPA Technical Committee Reports
The National Institute of Standards and Technology (NIST) is publishing this notice on behalf of the National Fire Protection Association (NFPA) to announce the availability of and request comments on the technical reports that will be presented at NFPA's 2013 Annual Revision Cycle.
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in Three East Coast Range Complexes
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued three Letters of Authorization (LOAs) to take marine mammals by harassment, incidental to the U.S. Navy's training activities within the Virginia Capes (VACAPES), Jacksonville (JAX), and Cherry Point (CHPT) Range Complexes to the Commander, U.S. Fleet Forces Command, 1562 Mitscher Avenue, Suite 250, Norfolk, VA 23551-2487 and persons operating under his authority.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold public meetings.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council) and its Research Set-Aside Committee, Mackerel, Squid, and Butterfish Committee, and its Surfclam, Ocean Quahog Committee will hold public meetings.
South Atlantic Fishery Management Council; Public Meetings
The South Atlantic Fishery Management Council will hold meetings of its Ecosystem-Based Management Committee; Dolphin Wahoo Committee; Shrimp Committee; Snapper Grouper Committee; Ad Hoc Data Collection Committee; King and Spanish Mackerel Committee; Advisory Panel Selection Committee (Closed Session); Scientific and Statistical Selection Committee (Closed Session); Golden Crab Committee; Law Enforcement Committee; Southeast Data Assessment and Review (SEDAR) Committee; and a meeting of the Full Council. The Council will take action as necessary. The Council will also hold a Habitat Workshop for Council members, an informal public question and answer session regarding agenda items, and a formal public comment session. See SUPPLEMENTARY INFORMATION for additional details.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Habitat Committee (HC) will hold a meeting, which is open to the public, to discuss habitat issues related to Council-managed fisheries.
Permits; Foreign Fishing
NMFS publishes for public review and comment information regarding a permit application for transshipment of Atlantic herring by Canadian vessels, submitted under provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy's Research, Development, Test and Evaluation Activities at the NAVSEA Naval Undersea Warfare Center Keyport Range Complex
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that NMFS has issued a four-year Letter of Authorization (LOA) to the U.S. Navy (Navy) to take marine mammals by harassment incidental to its Research, Development, Test and Evaluation (RDT&E) activities at the NAVSEA Naval Undersea Warfare Center (NUWC) Keyport Range Complex.
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