Department of Commerce March 2013 – Federal Register Recent Federal Regulation Documents
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Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 50
NMFS proposes approval of, and regulations to implement, measures in Framework Adjustment 50 (Framework 50) to the Northeast (NE) Multispecies Fishery Management Plan (FMP). Framework 50 would set specifications for fishing years (FYs) 2013-2015, including 2013 total allowable catches (TACs) for the three U.S./Canada stocks, modify the rebuilding program for Southern New England/Mid-Atlantic (SNE/MA) winter flounder, and revise management measures for this stock consistent with the proposed rebuilding strategy. This action also proposes recreational management measures for FY 2013, as well as revisions to the sector carryover program. An emergency action to implement a 2013 catch limit for Georges Bank (GB) yellowtail flounder is also proposed in this action. The proposed regulations are intended to prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best available scientific information.
Laminated Woven Sacks From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012
On January 29, 2013, the Department of Commerce (the ``Department'') published the Preliminary Results \1\ of the 2011-2012 administrative review of the antidumping duty order on laminated woven sacks (``sacks'') from the People's Republic of China (``PRC''). The period of review (``POR'') is August 1, 2011, through July 31, 2012. We gave interested parties an opportunity to comment on the Preliminary Results, but none were received. The final weighted-average dumping margin for the PRC-wide entity is listed in the ``Final Results of Review'' section below.
Corrosion-Resistant Carbon Steel Flat Products From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2010
The Department of Commerce (the Department) has completed its administrative review of the countervailing duty (CVD) order on corrosion-resistant carbon steel flat products from the Republic of Korea for the period January 1, 2010, through December 31, 2010. On September 21, 2012, we published the preliminary results of this review.\1\ In these final results we find that the respondents, Dongbu Steel Co., Ltd. (Dongbu), Hyundai HYSCO Ltd. (HYSCO), and Pohang Iron & Steel Co. Ltd. (POSCO), received subsidies that result in de minimis net subsidy rates.
Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request 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 February anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-9 Patent Assignment Records.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-8 Patent Application Secrecy Order Files.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Pacific Fishery Management Council; Public Meeting
The Stock Assessment Review Panels (STAR Panels) will hold work sessions to review stock assessments using data-moderate methods, as well as tier 1 benchmark stock assessments for petrale sole and darkblotched rockfish, rougheye rockfish and aurora rockfish, shortspine thornyhead and longspine thornyheads, and cowcod and Pacific sanddabs, all of which are open to the public.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council (Council) announces its intent to hold a workshop in conjunction with a joint meeting of the Mackerel, Squid, Butterfish and Ecosystems and Ocean Planning Advisory Panels. The purpose of the workshop is to facilitate development of spatial alternatives for deep sea coral protection areas for inclusion in Amendment 16 to the Mackerel, Squid, and Butterfish Fishery Management Plan.
Mid-Atlantic Fishery Management Council; Public Meeting
The Council's Atlantic Mackerel, Squid, and Butterfish (MSB) Advisory Panel (AP) will meet to develop Fishery Performance Reports for the Atlantic Mackerel, Squid, and Butterfish fisheries in preparation for the Council's setting of specifications for 2014.
Endangered and Threatened Wildlife; 90-day Finding on a Petition to List Sperm Whales in the Gulf of Mexico as a Distinct Population Segment Under the Endangered Species Act
We, NMFS, announce a 90-day finding on a petition from WildEarth Guardians to list the sperm whale (Physter macrocephalus) as an endangered or threatened distinct population segment (DPS) in the Gulf of Mexico. We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. As a result, we hereby initiate a status review of sperm whales in the Gulf of Mexico to determine whether the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to this species and potential critical habitat from any interested party.
Fisheries of the Exclusive Economic Zone Off Alaska; Monitoring Requirements for American Fisheries Act Catcher Vessels Subject to Amendment 91; Public Workshops
NMFS announces a workshop to solicit input from owners and operators of American Fisheries Act (AFA) catcher vessels and shoreside processors participating in the pollock fishery in the Bering Sea off Alaska. The workshop concerns accurate accounting of Chinook salmon bycatch in the Bering Sea pollock fishery under Amendment 91 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands. The workshop will discuss potential regulatory changes to address (1) the practice of leaving significant amounts of loose fish on the deck not contained inside the codend; (2) the installation of software and communication equipment to enhance observer data collection; and (3) the definition of directed fishing for pollock. The meeting is open to the public, but NMFS is particularly seeking participation by people who are knowledgeable about AFA catcher vessel operations in the Bering Sea pollock fishery and who can discuss with NMFS the potential operational impacts of the proposed monitoring requirements.
Request for Nominations of Members to Serve on the Federal Economic Statistics Advisory Committee
The Secretary of Commerce is requesting nominations of individuals to the Federal Economic Statistics Advisory Committee. The Secretary will consider nominations received in response to this notice, as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides committee and membership criteria.
Endangered Species; File No. 16547-01
Notice is hereby given that the United States Fish and Wildlife Service, 11110 Kimages Road; Charles City, Virginia 23030 [Albert Spells: Responsible Party], has been issued a permit modification to take Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) for purposes of scientific research.
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-7 Patent Application Files.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-6 Parties Involved in Patent Interference Proceedings.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Proposed Information Collection; Comment Request; 2013 Company Organization Survey
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)).
Notice of Availability of a Supplemental Draft Environmental Impact Statement for Effects of Oil and Gas Activities in the Arctic Ocean
NMFS announces the availability of the ``Supplemental Draft Environmental Impact Statement (Supplemental DEIS) for the Effects of Oil and Gas Activities in the Arctic Ocean.'' Publication of this notice begins the official public comment period for this Supplemental DEIS. The purpose of the Supplemental DEIS 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 authorizing the take of marine mammals incidental to oil and gas exploration activities in the Arctic Ocean pursuant to the Marine Mammal Protection Act (MMPA). The U.S. Department of the Interior's Bureau of Ocean Energy Management (BOEM) is a cooperating agency on this DEIS, and as such, this DEIS also evaluates the potential direct, indirect, and cumulative impacts of implementing the alternative approaches for authorizing geological and geophysical (G&G) surveys and ancillary activities under the Outer Continental Shelf Lands Act (OCSLA) in the Arctic Ocean. The North Slope Borough (NSB) is also a cooperating agency on this DEIS. The Environmental Protection Agency is serving as a consulting agency, and NMFS is coordinating with the Alaska Eskimo Whaling Commission pursuant to our co-management agreement under the MMPA.
Taking of Marine Mammals Incidental to Specified Activities; U.S. Marine Corps Training Exercises at Air Station Cherry Point
We have received an application from the U.S. Marine Corps (Marine Corps) requesting an incidental harassment authorization (Authorization) to take marine mammals incidental to various training exercises at Marine Corps Air Station (MCAS) Cherry Point Range Complex, North Carolina for a period of one year. The Marine Corps' activities are military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act (NDAA) for Fiscal Year 2004. Per the MMPA, we are requesting comments on our proposal to issue an authorization to the Marine Corps to incidentally harass by Level B harassment only, bottlenose dolphins (Tursiops truncatus), during the training exercises that would occur within the proposed effective period of May 20, 2013 through May 19, 2014. We are also requesting comments on our intent to promulgate regulations governing the take of marine mammals over a 5-year period incidental to the activities described in this notice.
Small Takes of Marine Mammals Incidental to Specified Activities; Cape Wind's High Resolution Survey in Nantucket Sound, MA
In accordance with the Marine Mammal Protection Act (MMPA), notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Cape Wind Associates (CWA) to take marine mammals, by harassment, incidental to pre-construction high resolution survey activities in Nantucket Sound.
Atlantic Coastal Fisheries Cooperative Management Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
The Commercial Fisheries Research Foundation (CFRF) is proposing to explore the use of several data recording devices in an industry-based pilot study that would effectively relay more accurate, detailed, and timely American lobster data to fisheries managers and scientists. The CFRF is also proposing to use vent-less traps in order to determine the abundance and distribution of juvenile American lobsters in Lobster Management Areas (LMAs) 2 and 3. This pilot study would utilize 12 Federal commercial fishing vessels; 6 vessels in each of the 2 management areas. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.
Sodium Hexametaphosphate from the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012
On December 7, 2012, the Department of Commerce (the ``Department'') published the Preliminary Results of the third administrative review of sodium hexametaphosphate from the People's Republic of China (``PRC'').\1\ We gave interested parties an opportunity to comment on the Preliminary Results. No party commented on the Preliminary Results.
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review; 2012-2013
The Department of Commerce (``the Department'') has received a timely request for a new shipper review (``NSR'') of the antidumping duty (``AD'') order on certain frozen fish fillets (``fish fillets'') from the Socialist Republic of Vietnam (``Vietnam''). The Department has determined that the request meets the statutory and regulatory requirements for initiation. The period of review (``POR'') for this NSR is August 1, 2012, through January 31, 2013.
Certain Frozen Warmwater Shrimp From the People's Republic of China and Diamond Sawblades and Parts Thereof From the People's Republic of China: Notice of Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Orders
On March 22, 2013, the U.S. Trade Representative (``USTR'') instructed the Department of Commerce (``Department'') to implement its determinations under section 129 of the Uruguay Round Agreements Act (``URAA'') regarding the antidumping investigations of certain frozen warmwater shrimp (``shrimp'') from the People's Republic of China (`PRC'') and diamond sawblades and parts thereof (``sawblades'') from the PRC. The Department issued its final determinations on March 4, 2013, regarding the offsetting of dumped comparisons with non-dumped comparisons when making average-to-average comparisons of export price and normal value in the investigation challenged by the PRC before the World Trade Organization (``WTO'') in United StatesAnti-Dumping Measures on Certain Shrimp and Diamond Saw Blades from China (DS422). The Department is now implementing these determinations.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Less Than 60 feet (18.3 meters) Length Overall Using Jig or Hook-and-Line Gear in the Bogoslof Pacific Cod Exemption Area in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the limit of Pacific cod for catcher vessels less than 60 feet (18.3 m) LOA using jig or hook-and-line gear in the Bogoslof Pacific cod exemption area in the BSAI.
Incentives To Adopt Improved Cybersecurity Practices
The President has directed the Secretary of Commerce to evaluate a set of incentives designed to promote participation in a voluntary program to be established by the Secretary of Homeland Security to support the adoption by owners and operators of critical infrastructure and other interested entities of the Cybersecurity Framework being developed by the National Institute of Standards and Technology (NIST). The evaluation will include analysis of the benefits and relative effectiveness of such incentives, and whether the incentives would require legislation or can be provided under existing law and authorities to participants in the Program. The Department of Commerce (Department) will use input received in response to this Notice to inform its recommendations, which will focus on incentives for critical infrastructure owners. In addition, the Department may use this input to develop a broader set of recommendations that apply to U.S. industry as a whole.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received three scientific research and enhancement permit applications relating to anadromous species listed under the Endangered Species Act (ESA). The proposed research activities are intended to increase knowledge of the species and to help guide management and conservation efforts. These documents are also available upon written request or by appointment by contacting NMFS by phone (916) 930-3706 or fax (916) 930-3629.
Gulf of Mexico Fishery Management Council; Public Meetings
The Gulf of Mexico Fishery Management Council (Council) will convene a public meeting.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council's (Council) Recreational Advisory Panel will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) will host a public workshop on considerations of conservation, management, and policy in spatial management of catch limits.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to an Exploration Drilling Program in the Chukchi Sea, Alaska
On February 22, 2013, NMFS announced notice of its proposed issuance of an Incidental Harassment Authorization (IHA) to ConocoPhillips Company (COP) to take small numbers of marine mammals, by harassment, incidental to conducting offshore exploration drilling on Outer Continental Shelf (OCS) leases in the Chukchi Sea, Alaska. Written comments were due by March 25, 2013. Under the unique circumstances of the timing of the publication of the Federal Register notice relative to several related meetings and other Federal review processes related to this action, NMFS has decided to extend the public comment period by 45 days, to May 9, 2013.
Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Reconsideration of Allocation of Whiting
This action revises several portions of the Pacific Coast Groundfish Fishery Trawl Rationalization Program (program) regulations in response to a court order requiring the National Marine Fisheries Service (NMFS) to reconsider the initial allocation of Pacific whiting (whiting) to the shorebased individual fishing quota (IFQ) fishery and the at-sea mothership fishery. Additionally, NMFS concludes after review of public comments and the record as a whole, that the Pacific Fishery Management Council's (Council's) recommendation to maintain the existing initial allocations of whiting is consistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Pacific Coast Groundfish Fishery Management Plan (Groundfish FMP), and other applicable law. This final rule will affect the transfer of quota share (QS) and individual bycatch quota (IBQ) between QS accounts in the shorebased IFQ fishery, and severability of catch history assignments (CHAs) in the mothership fishery, both of which will be allowed on specified dates, with the exception of widow rockfish. Widow rockfish is no longer an overfished species and transfer of QS for this species will be reinstated pending reconsideration of the allocation of widow rockfish QS in a future action. The divestiture period for widow rockfish QS in the IFQ fishery will also be delayed indefinitely.
Fisheries of the Northeastern United States; Tilefish Fishery Management Plan; Regulatory Amendment, Corrections, and Clarifications
The Tilefish Individual Fishing Quota Program was implemented at the start of the 2010 fishing year (November 1, 2009). After 3 years of operation, it has become apparent that some of the implementing regulations need to be clarified, corrected, or modified to better reflect the intent of Tilefish Amendment 1 and clarify certain regulatory text that may cause confusion or otherwise appear inconsistent with the Magnuson-Stevens Fishery Conservation and Management Act (MSA). This action would make corrections, clarifications, and regulatory modifications to the regulations that implemented the Tilefish Individual Fishing Quota Program. These changes would not affect the fishing operation of any vessel.
Addition of Certain Persons to the Entity List; Removal of Person From the Entity List Based on Removal Request; Implementation of Entity List Annual Review Changes
This rule amends the Export Administration Regulations (EAR) by adding eighteen persons to the Entity List (Supplement No. 4 to Part 744) under nineteen entries. These persons have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States on the basis of Sec. 744.11 of the EAR. These persons will be listed on the Entity List under China, Germany, Hong Kong, Ukraine, and United Arab Emirates. This rule also revises one entry under Germany to clarify the scope of the entry by providing two additional alternate addresses for the listed person. This rule further removes one entry under Canada as the result of a successful removal request. Finally, this rule notifies the public that the End-User Review Committee (ERC) has completed Annual Reviews of Afghanistan, Greece, India, Russia, and Ukraine and that no changes are being made to the Entity List as a result of these reviews. The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited.
Amendment to the Export Administration Regulations: List of Items Classified Under Export Control Classification 0Y521 Series-Biosensor Systems
In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all destinations, except Canada. Specifically, this rule classifies specified biosensor systems, ``software'' and ``technology'' under Export Control Classification Numbers (ECCNs) 0A521, 0D521 and 0E521, respectively, on the Commerce Control List (CCL). As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012 (77 FR 22191), items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control. The items identified in this rule are controlled for regional stability (RS) Column 1 reasons. The only license exception available for these items is for official use by personnel and agencies of the U.S. Government.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Central Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific cod by catcher vessels (CVs) using trawl gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2013 Pacific cod total allowable catch apportioned to CVs using trawl gear in the Central Regulatory Area of the GOA.
Notice of Availability of a Draft Programmatic Environmental Assessment of the Proposed United States Regional Climate Reference Network (USRCRN)
NOAA announces the public release of the Draft Programmatic Environmental Assessment (PEA) of the proposed USRCRN in accordance with the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality Regulations, and NOAA Administrative Order 216-6, Environmental Review Procedures for Implementing the National Environmental Policy Act. Written public comments on the Draft PEA are being accepted for a 30-day period following publication of this NOA. Comments received will be reviewed and taken into consideration during preparation of a Final PEA. The Draft PEA evaluates the environmental impacts from the Proposed Action to implement, operate, and manage the USRCRN Program and the No Action alternative.
Fresh Garlic From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Reviews; 2010-2011
On October 25, 2012, the Department of Commerce (Department) published its preliminary rescission for the new shipper reviews (NSRs) of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) \1\ covering the period of review (POR) November 1, 2010, through October 31, 2011, for Foshan Fuyi Food Co., Ltd. (Fuyi) and Qingdao May Carrier Import & Export Co., Ltd. (Maycarrier). For these final results, the Department continues to find that Fuyi's new shipper sales were not bona fide. Additionally, the Department continues to find that Maycarrier does not qualify as a new shipper. Therefore, the Department is rescinding the NSRs of both Fuyi and Maycarrier.
Certain Preserved Mushrooms From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review; 2011-2012
On January 18, 2013, the Department of Commerce (the Department) published in the Federal Register the preliminary rescission of this new shipper review (NSR) of Shandong Yinfeng Rare Fungus Corporation Ltd. (Yinfeng) under the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC) covering the period of review (POR) February 1, 2011, through January 31, 2012.\1\ The Preliminary Rescission invited interested parties to comment. No comments were received from any party. As discussed below, based on our analysis of the record, the Department has determined that Yinfeng did not satisfy the regulatory requirements for a NSR. Therefore, we are rescinding this NSR.
Smart Grid Advisory Committee Meeting
The Smart Grid Advisory Committee (SGAC or Committee), will meet in open session on Friday, April 19, 2013 from 8:30 a.m. to 5:00 p.m. Eastern time. The primary purpose of this meeting is to discuss the NIST Smart Grid Program Plan. The agenda may change to accommodate Committee business. The final agenda will be posted on the Smart Grid Web site at https://www.nist.gov/smartgrid.
International Code Council: The Update Process for the International Codes and Standards
The International Code Council (ICC), promulgator of the International Codes and Standards, maintains a process for updating the entire family of International Codes based on receipt of proposals from interested individuals and organizations involved in the construction industry as well as the general public. The codes are updated every three years. The purpose of this notice is to increase public participation in the system used by ICC to develop and maintain its codes and standards. The publication of this notice by the National Institute of Standards and Technology (NIST) on behalf of ICC is being undertaken as a public service; NIST does not necessarily endorse, approve, or recommend any of the codes or standards referenced in the notice.
Fisheries in the Western Pacific; 5-Year Extension of Moratorium on Harvest of Gold Corals
This proposed rule would extend the region-wide moratorium on the harvest of gold corals in the U.S. Pacific Islands through June 30, 2018. NMFS intends this proposed rule to prevent overfishing and to stimulate research on gold corals.
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