Department of Commerce June 4, 2013 – Federal Register Recent Federal Regulation Documents

NMFS is issuing regulations under the Tuna Conventions Act of 1950 to implement Resolution C-12-09 of the Inter-American Tropical Tuna Commission (IATTC) by establishing limits on commercial retention of Pacific bluefin tuna by U.S. fishing vessels operating in the Eastern Pacific Ocean (EPO) in 2013. This action is necessary for the United States to satisfy its obligations as a member of the IATTC and to limit fishing on the stock.

The Department of Commerce (``the Department'') preliminarily determines that countervailable subsidies are not being provided to producers and exporters of certain frozen warmwater shrimp from Ecuador. The period of investigation is January 1, 2011, through December 31, 2011. Pursuant to section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), the final determination will be issued 75 days after the date that the Department makes this preliminary determination.

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain frozen warmwater shrimp (frozen shrimp) from the People's Republic of China (PRC). The period of investigation (POI) is January 1, 2011, through December 31, 2011. Pursuant to section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), the final determination will be issued 75 days after the date that the Department makes this preliminary determination.

On January 10, 2013, the Department of Commerce (``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') and postponement of final determination in the antidumping (``AD'') investigation of xanthan gum from the People's Republic of China (``PRC'').\1\ On March 4, 2013, the Department released its post-preliminary differential pricing analysis.\2\ The Department invited interested parties to comment on the Preliminary Determination and post-preliminary analysis. Based on an analysis of the comments received, the Department has made changes from the Preliminary Determination. The Department has determined that xanthan gum from the PRC is being, or is likely to be, sold in the United States at LTFV, as provided in section 735 of the Tariff Act of 1930, as amended (``the Act''). The final weighted-average dumping margins for this investigation are listed in the ``Final Determination'' section below.

On March 5, 2013, the Department of Commerce (``Department'') published the preliminary results of an antidumping duty new shipper review of certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC'').\1\ We invited interested parties to comment on our preliminary results. Based on our analysis of the comments we received, we have made changes to our margin calculations for the new shipper, Trelleborg Wheel Systems (Xingtai) China, Co. Ltd. (``Trelleborg Wheel Systems China''). We continue to find that Trelleborg Wheel Systems China did not make a sale of subject merchandise at less than normal value.

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain frozen warmwater shrimp (frozen shrimp) from Thailand. The period of investigation is January 1, 2011, through December 31, 2011. Pursuant to section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), the final determination will be issued 75 days after the date that the Department makes this preliminary determination.

NMFS publishes regulations to implement Amendment 94 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). This final rule amends certain sablefish provisions of the Individual Fishing Quota Program for the Fixed-Gear Commercial Fisheries for Pacific Halibut and Sablefish in Waters in and off Alaska (IFQ Program). Amendment 94 and its implementing regulations revise the vessel use caps applicable to sablefish quota share (QS) held by Gulf of Alaska (GOA) Community Quota Entities (CQEs). This final rule makes the same regulatory revisions to the vessel use caps applicable to halibut QS held by GOA CQEs. In this action, NMFS also revises the IFQ Program regulations to add three eligible communities to the CQE Program; to allow CQEs in International Pacific Halibut Commission regulatory area 3A (Area 3A) to purchase vessel category D halibut QS; to revise CQE annual reporting requirements, including specifying reporting requirements for the charter halibut program; to clarify the CQE floating processor landing reporting requirements; and to consolidate CQE Program eligibility by community in a single table in the regulations.

In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the U.S. Geological Survey (USGS) to take marine mammals, by Level B harassment, incidental to conducting a low-energy marine geophysical (i.e., seismic) survey in the deep water of the Gulf of Mexico, April to May 2013.

We, NMFS, have completed comprehensive status reviews under the Endangered Species Act (ESA) of five species of sawfishes in response to a petition to list six sawfish species. In our 90-day finding we determined that Pristis pristis, as described in the petition, was not a valid species and began our status review on the remaining five species (Anoxypristis cuspidata; Pristis clavata; Pristis microdon; Pristis zijsron; and all non-listed population(s) of Pristis pectinata). During our status review, new scientific information revealed that three previously recognized species (P. microdon, P. pristis, and P. perotteti) were in fact a single species, Pristis pristis. We had previously listed P. perotteti as an endangered species (July 12, 2011). We therefore also considered the information from our 2010 status review of P. perotteti, herein P. pristis. We have determined, based on the best scientific and commercial data available and after taking into account efforts being made to protect the species, that the narrow sawfish (A. cuspidata); dwarf sawfish (P. clavata); largetooth sawfish (collectively P. pristis; formerly P. pristis, P. microdon, and P. perotteti); green sawfish (P. zijsron); and the non-listed population(s) of smalltooth sawfish P. pectinata meet the definition of an endangered species. We also include a change in the scientific name for largetooth sawfish in this proposed rule to codify the taxonomic reclassification of P. perotteti to P. pristis. We are not proposing to designate critical habitat because the geographical areas occupied by the species are entirely outside U.S. jurisdiction and we have not identified any unoccupied areas that are currently essential to the conservation of any of these species. We are soliciting information that may be relevant to these listing and critical habitat determinations, especially on the status and conservation of these species.

The Caribbean Fishery Management Council (Council) will hold a meeting.