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

In response to requests from interested parties, the Department of Commerce (``Department'') is conducting the administrative review of the antidumping duty order on certain activated carbon from the People's Republic of China (``PRC'') for the period of review (``POR'') April 1, 2011, through March 31, 2012. The Department has preliminarily determined that sales have been made below normal value (``NV''). Additionally, the Department has preliminarily determined not to revoke the order, in part, with respect to Jacobi Carbons AB (``Jacobi'').

NMFS is adjusting the Atlantic bluefin tuna (BFT) General category daily retention limit to three large medium or giant BFT for June 1 through August 31, 2013. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.

This notice sets forth the schedule and proposed topics of discussion for a public meeting of the Advisory Committee on Supply Chain Competitiveness (Committee).

NOAA's draft Five Year Research and Development Plan is available for public review and comment until June 3, 2013. This plan will guide NOAA's research and development activities over the next five years, from 2013-2017. The Plan provides a common understanding among NOAA's leadership, workforce, partners, constituents, and Congress on how the agency's R&D creates value. This plan will help NOAA and the public monitor and evaluate the agency's progress and learn from its experiences.

The Department of Commerce (``the Department'') is rescinding the administrative review of the antidumping duty order on narrow woven ribbon with woven selvedge from the People's Republic of China (``PRC'') for the period September 1, 2011, through August 31, 2012.

NMFS issues final specifications for the 2013 and 2014 Atlantic bluefish fishery, including annual catch limits, total allowable landings, commercial quotas and recreational harvest limits, and a recreational possession limit. This action establishes the allowable 2013 and 2014 harvest levels and other management measures to achieve the target fishing mortality rate, consistent with the Atlantic Bluefish Fishery Management Plan and the recommendations of the Mid- Atlantic Fishery Management Council.

The Northwest Fisheries Science Center (NWFSC) will hold an online Pre-Assessment Workshop webinar to provide an overview of the data sources, data trends and population models that will be used in the upcoming Pacific coast groundfish stock assessments for rougheye rockfish, aurora rockfish, shortspine thornyhead and longspine thornyhead. The online NWFSC Pre-Assessment Workshop webinar is open to the public, although space for online access is limited to the first 25 participants.

NMFS has received an application from the U.S. Department of the Air Force, Headquarters 96th Air Base Wing (U.S. Air Force), Eglin Air Force Base (Eglin AFB) for authorization to take marine mammals, by harassment, incidental to testing and training activities associated with Precision Strike Weapon (PSW) and Air-to-Surface (AS) gunnery missions, both of which are military readiness activities, at Eglin AFB, FL from approximately June 2013, to June 2018. Pursuant to Marine Mammal Protection Act (MMPA) and its implementing regulations, NMFS proposes regulations to govern that take. In order to implement the final rule and issue a Letter of Authorization (LOA), NMFS must determine, among other things, that the total taking will have a negligible impact on the affected species and stocks of marine mammals and will not have an unmitigable adverse impact on the availability of the species for subsistence use. NMFS' proposed regulations would set forth the permissible methods of take and other means of effecting the least practicable adverse impact on the affected species or stocks of marine mammals and their habitat. NMFS invites comments on the application and the proposed regulations.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce is announcing a thirty day public comment period for the Grand Bay, Mississippi National Estuarine Research Reserve Management Plan and the Delaware National Estuarine Research Reserve Management Plan revisions. Pursuant to 15 CFR Section 921.33(c), the revised plans will bring the reserves into compliance. The Grand Bay Reserve and Delaware Reserve revised plans will replace the plans approved in 1999 and 2004 respectively. Both revised management plans outline the administrative structure; the research & monitoring, education, training, and stewardship goals of the reserve; and the plans for future land acquisition and facility development to support reserve operations. The Grand Bay Reserve takes an integrated approach to management, linking research, education, training and stewardship functions to address high priority issues including climate change, threats to reserve resources and ecological functions, watershed development, and changes in water quality. Since the last management plan, the reserve has built out its core programs and monitoring infrastructure; constructed a L.E.E.D. certified Coastal Resources Center that includes laboratories, offices, classrooms, interpretative areas and dormitories; and created interpretive trails. With the approval of this management plan, the Grand Bay Reserve will decrease their total acreage from 18,400 acres to 18,049. The change is attributable to accuracy adjustments based on improved geographic information for the site. The revised management plan will serve as the guiding document for the 18,049 acre Grand Bay Reserve for the next five years. The Delaware management plan will focus on improving the scientific understanding of estuarine and coastal ecosystems; improving public awareness and environmental literacy to enable environmentally sustainable decision-making; and protecting, managing and restoring the reserve to serve as a model site for sustainable community stewardship. Notable changes in the revised plan include a boundary expansion, a new coastal training program, implementation of the Blackbird Creek Reserve Master Ecological Restoration Plan, the opening of the Blackbird Creek Stewardship Center and facility improvements to the St. Jones Coastal Training Center. With the approval of this management plan, the Delaware Reserve will increase their total acreage from 4,930 acres to 6,206. The change is attributable to acquisition of two parcels, totaling 64.3 acres, and increased mapping accuracy. The two parcels possess high ecological value and increased opportunities for research, education, and restoration. The revised management plan will serve as the guiding document for the 6,206 acre Delaware Reserve for the next five years. View the Grand Bay, Mississippi Reserve Management Plan revision at (https://grandbaynerr.org/reserve-management-plan) and provide comments to (dave.ruple@dmr.ms.gov). View the Delaware Reserve Management Plan revision at (https://de.gov/dnerr) and provide comments to (Kimberly.Cole@state.de.us).

The federal and state natural resource trustees for the Deepwater Horizon oil spill (Trustees) intend to propose the additional early restoration projects described below to continue the process of using early restoration funding to restore natural resources, ecological services, and human use services injured or lost as a result of the Deepwater Horizon oil spill disaster. All early restoration projects will be selected and implemented in accordance with the Oil Pollution Act of 1990 (OPA), the Framework Agreement for Early Restoration Addressing Injuries Resulting from the Deepwater Horizon Oil Spill (Framework Agreement), and all applicable legal requirements, including the National Environmental Policy Act (NEPA).

The Board of the First Responder Network Authority (FirstNet) will hold a Special Meeting via telephone conference (teleconference) on May 8, 2013.

Notice is hereby given that Raymond Carthy, Ph.D., University of Florida, Florida Cooperative Fish and Wildlife Research Unit, 117 Newins-Ziegler Hall, P.O. Box 110450, Gainesville, FL 32611, has been issued a permit to take green (Chelonia mydas), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricata), and Kemp's ridley (Lepidochelys kempii) sea turtles for purposes of scientific research.

On April 24, 2013, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department's) final results of remand determination, regarding the scope of the Hand Trucks Order \1\ excluding the WelCom Products MCK Magna Cart pursuant to the CIT's remand order in WelCom Products, Inc. v. United States, Court No. 11-00370, Slip Op. 12-124 (September 27, 2012) (WelCom). See Results of Redetermination Pursuant to Court Order, Court No. 11-00370, dated December 20, 2012 (WelCom MCK Magna Cart Remand Results). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (Federal Circuit) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final scope ruling and is amending its final scope ruling on WelCom Products' MCK Magna Cart. See the memorandum entitled ``Hand Trucks and Certain Parts Thereof from the People's Republic of China (PRC): Final Scope RulingWelCom Products MC2 Magna Cart, MCI Magna Cart, and MCK Magna Cart,'' dated September 6, 2011 (Final Scope Ruling).

NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian district (CAI) of the Bering Sea and Aleutian Island management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the A season allowance of the 2013 Atka mackerel total allowable catch (TAC) in the CAI allocated to vessels participating in the BSAI trawl limited access fishery.

The Gulf of Mexico Fishery Management Council will convene a workshop of subject matter experts on Interrelationships between Coral Reef and Fisheries.

The Pacific Fishery Management Council (Pacific Council) will convene a meeting of its Coastal Pelagic Species Management Team (CPSMT) and the Coastal Pelagic Species Subcommittee of the Scientific and Statistical Committee (SSC). One representative of the Council's Coastal Pelagic Species Advisory Subpanel (CPSAS) will also attend. The purpose is to consider the possibility of using a different temperature index than is currently used, for the purposes of estimating Pacific sardine recruitment. Meeting participants will also discuss and consider an implementation plan for changing the start date of the Pacific sardine fishery, from January 1 to July 1.

Notice is hereby given that Tamara McGuire, LGL Alaska Research Associates, Inc., 2000 W International Airport Rd, Suite C1, Anchorage, AK 99502, has applied in due form for a permit to conduct research on Cook Inlet beluga whales (Delphinapterus leucas).

This rule implements specifications and management measures for the spiny dogfish fishery for the 2013-2015 fishing years consistent with the recommendations of the Mid-Atlantic and New England Fishery Management Councils. The approved commercial quotas represent increases over status quo levels, and the possession limit is also increased. The action is expected to result in positive economic impacts for the spiny dogfish fishery while maintaining the conservation objectives of the Spiny Dogfish Fishery Management Plan.

NMFS implements accountability measures for the commercial sector for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for golden tilefish, as estimated by the Science and Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) for golden tilefish on May 5, 2013. Therefore, NMFS closes the commercial sector for golden tilefish in the South Atlantic EEZ on May 5, 2013, and it will remain closed until the start of the next fishing season, January 1, 2014. This closure is necessary to protect the golden tilefish resource.

In accordance with a requirement of Public Law 106-513 (16 U.S.C. 1441(b)), NOAA hereby gives public notice of the final revised list of categories of activities subject to the special use permit requirements of Section 310 of the National Marine Sanctuaries Act.

NMFS announces the availability of the ``Draft Programmatic Environmental Assessment (DPEA) for Fisheries Research Conducted and Funded by the Southwest Fisheries Science Center (SWFSC).'' Publication of this notice begins the official public comment period for this DPEA. The purpose of the DPEA is to evaluate, in compliance with the National Environmental Policy Act (NEPA), the potential direct, indirect, and cumulative impacts of conducting and funding fisheries and ecosystem research along the U.S. West Coast, throughout the Eastern Tropical Pacific Ocean, and in the Scotia Sea area off Antarctica.

On April 9, 2013, the United States Court of International Trade (CIT) sustained the Department of Commerce's (the Department) January 2013 remand results.\1\ The January 2013 remand results explained how the Department corroborated, to the extent practicable, the adverse facts available (AFA) rate assigned to Essar Steel Limited (Essar) in connection with the State Government of Chhattisgarh Industrial Policy (CIP) in the countervailing duty (CVD) administrative review of certain hot-rolled carbon steel flat products from India for the 2007 review period (the fifth review period or fifth administrative review).\2\ Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken,\3\ as clarified by Diamond Sawblades,\4\ the Department is notifying the public that the final CIT judgment in this case is not in harmony with the Department's Amended Final Results \5\ and is, therefore, amending the Amended Final Results.

We are partially approving 17 sector operations plans and contracts for fishing year (FY) 2013, providing allocations of Northeast (NE) multispecies to these sectors, and granting 23 regulatory exemptions. Approval of sector operations plans is necessary to allocate quotas to the sectors and for the sectors to operate. The NE Multispecies Fishery Management Plan (FMP) allows limited access permit holders to form sectors, and requires sectors to submit their operations plans and contracts to us, NMFS, for approval or disapproval. Approved sectors are exempt from certain effort control regulations and receive allocation of NE multispecies (groundfish) based on their members' fishing history. We are accepting additional public comment on the revised explanation of at-sea monitoring (ASM) coverage for FY 2013 for a 30-day period, and revisions to the exemption from the limits on the number of gillnets imposed on Day gillnet vessels for a 15-day period.