Department of Commerce February 2013 – Federal Register Recent Federal Regulation Documents

On November 6, 2012, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain preserved mushrooms from India. The period of review is February 1, 2011, through January 31, 2012. We invited interested parties to comment on the preliminary results, but we received no comments. We made no changes for the final results of review, and assigned to Agro Dutch Industries Limited an antidumping duty margin based upon the application of adverse facts available.

The American Petroleum Institute (API), with the assistance of other interested parties, continues to develop standards, both national and international, in several areas. This notice lists the standardization efforts currently being conducted by API committees. The publication of this notice by the National Institute of Standards and Technology (NIST) on behalf of API is being undertaken as a public service. NIST does not necessarily endorse, approve, or recommend the standards referenced.

The Bureau of the Census (Census Bureau) is giving notice of a meeting of the National Advisory Committee on Racial, Ethnic and Other Populations (NAC). The Committee will address census policies, research and methodology, tests, operations, communications/messaging and other activities to ascertain needs and best practices to improve censuses, surveys, operations, and programs. The NAC will meet in a plenary session on March 14-15, 2013. Last-minute changes to the schedule are possible, which could prevent giving advance public notice of schedule adjustments.

NMFS closes the General category fishery for large medium and giant Atlantic bluefin tuna (BFT) until the General category reopens on June 1, 2013. This action is being taken to prevent overharvest of the General category January BFT subquota.

The New England Fishery Management Council's (Council) VMS/ Enforcement Committee and Advisory Panel will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS has received a request from the Washington State Department of Transportation (WSDOT) Ferries Division (WSF) for an authorization to take small numbers of six species of marine mammals, by Level B harassment, incidental to proposed construction activities for the replacement of wingwalls at the Bremerton ferry terminal in Washington State. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to WSDOT to incidentally take, by harassment, small numbers of marine mammals for a period of 1 year.

NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2013 total allowable catch of pollock for Statistical Area 630 in the GOA.

On August 7, 2012, the Department of Commerce (the Department) published its preliminary results of the 2010-2011 administrative review of the antidumping duty order on Purified Carboxymethylcellulose from Finland.\1\ The Department issued the results of its targeted dumping post-preliminary analysis on December 26, 2012.\2\ This review covers one respondent, CP Kelco Oy and CP Kelco, Inc. (collectively CP Kelco). The period of review (POR) is July 1, 2010, through June 30, 2011.

NMFS announces the receipt of an application for an exempted fishing permit (EFP) from Dr. John R. Gold (Texas A&M University). If granted, the EFP would authorize the applicant to use the captain and crew of a charter vessel to collect a total of 125-150 adult red snapper, south of the Florida Keys and near the Dry Tortugas, FL. Samples would be collected over multiple trips using conventional hook- and-line gear from deep water. Small pieces of fin tissue and otoliths would be collected from the fish for genetic analysis, and age and growth studies. Additional information on the geographic origin, degree of connectivity, and life history of red snapper would provide the South Atlantic Fishery Management Council (Council) and NMFS data that may be used for future management of red snapper stocks in the South Atlantic and Gulf of Mexico (Gulf). Collections would occur from April 1, 2013, to March 31, 2014.

In response to a request from an interested party, the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on certain granular polytetrafluoroethylene (``PTFE'') resin from Italy. The period of review is August 1, 2011, through July 31, 2012. Based on the withdrawal of the request for review, we are now rescinding this administrative review.

The New England Fishery Management Council's (Council) Groundfish Oversight Committee will meet jointly with its Groundfish Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing a countervailing duty order on utility scale wind towers (``wind towers'') from the People's Republic of China (``PRC'').

Based on affirmative final determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on utility scale wind towers (``wind towers'') from the Socialist Republic of Vietnam (``Vietnam''). In addition, the Department is amending its final determination to correct certain ministerial errors.

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing a countervailing duty order on large residential washers (washers) from the Republic of Korea (Korea).

The Department of Commerce (the Department) publishes this action to make final a rule to extend the Steel Import Monitoring and Analysis (SIMA) system until March 21, 2017. The purpose of the SIMA system is to provide the public statistical data on steel imports entering the United States seven weeks earlier than it would otherwise be available to the public. Aggregate data collected from the licenses are made available to the public on a weekly basis following review by the Department.

By this Notice, the Bureau of Economic Analysis is informing the public that it is conducting the mandatory survey titled BE-605, Quarterly Survey of Foreign Direct Investment in the United States Transactions of U.S. Affiliate with Foreign Parent. This survey is authorized by the International Investment and Trade in Services Survey Act.

In addition to a Council Member Visioning Workshop, the South Atlantic Fishery Management Council (Council) will hold meetings of the: Joint South Atlantic Fishery Management Council (SAFMC)/Gulf of Mexico Fishery Management Council (GMFMC) King and Spanish Mackerel Committee; Ecosystem-Based Management Committee; Dolphin Wahoo Committee; Golden Crab Committee; Snapper Grouper Committee; Ad Hoc Data Collection Committee; Information & Education Committee; Law Enforcement Committee; Executive Finance Committee; and a meeting of the Full Council. The Council will take action as necessary. The Council will also hold an informal public question and answer session regarding agenda items and a formal public comment session.

The National Advisory Council on Innovation and Entrepreneurship (NACIE) has cancelled its open meeting, originally planned for Tuesday, February 19, 2013. The meeting, which was to be the quarterly meeting of NACIE, will not be held this quarter. We expect the next quarterly meeting to be held later this year. Please visit the Web site of the Economic Development Administration (www.eda.gov) to see documents related to previous NACIE meetings and activities and notices about future meetings.

NMFS issues a final rule under authority of the Magnuson- Stevens Fishery Conservation and Management Act (MSA) to implement Amendment 17 to the Pacific Coast Salmon Fishery Management Plan for Commercial and Recreational Salmon Fisheries off the Coasts of Washington, Oregon, and California (Salmon FMP). NMFS approved Amendment 17 on February 5, 2013. Among other things, Amendment 17 revises the maximum fishing mortality threshold (MFMT) for Quillayute fall coho, revises the FMP to correct typographical errors, updates reporting measures to reflect new technology, and updates or removes other obsolete or unnecessary language. This rule implements certain portions of Amendment 17; specifically, it discontinues the public comment period for final management measures that are published in the Federal Register and updates mechanisms for obtaining information on management of the fishery. NMFS also makes minor updates to regulations unrelated to Amendment 17.

We (NMFS) announce a 90-day finding on a petition to list 44 species of corals off Alaska as threatened or endangered under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific or commercial information indicating that the petitioned actions may be warranted.

The United States Patent and Trademark Office (Office) is publishing examination guidelines concerning the first inventor to file provisions of the Leahy-Smith America Invents Act (AIA). The AIA amends the patent laws pertaining to the conditions of patentability to convert the U.S. patent system from a ``first to invent'' system to a ``first inventor to file'' system, treats patents and patent application publications as prior art as of their earliest effective U.S., foreign, or international filing date, eliminates the requirement that a prior public use or sale activity be ``in this country'' to be a prior art activity, and treats commonly owned or joint research agreement patents and patent application publications as being by the same inventive entity for purposes of novelty, as well as nonobviousness. The changes to the conditions of patentability in the AIA result in greater transparency, objectivity, predictability, and simplicity in patentability determinations. The Office is providing these examination guidelines to Office personnel, and notifying the public of these guidelines, to assist in the implementation of the first inventor to file provisions of the AIA. These examination guidelines also clarify, in response to the public comment, that there is no requirement that the mode of disclosure by an inventor or joint inventor be the same as the mode of disclosure of an intervening disclosure (e.g., inventor discloses his invention at a trade show and the intervening disclosure is in a peer-reviewed journal). Additionally, there is no requirement that the disclosure by the inventor or a joint inventor be a verbatim or ipsissimis verbis disclosure of an intervening disclosure in order for the exception based on a previous public disclosure of subject matter by the inventor or a joint inventor to apply. These guidelines also clarify that the exception applies to subject matter of the intervening disclosure that is simply a more general description of the subject matter previously publicly disclosed by the inventor or a joint inventor.

NOAA is releasing the final management plan and environmental assessment for Monitor National Marine Sanctuary.