Department of Commerce July 2013 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Species; 90-Day Finding on Petition To Delist the Southern Oregon/Northern California Coast Evolutionarily Significant Unit of Coho Salmon Under the Endangered Species Act
We, NMFS, announce a 90-day finding on a petition to delist the Southern Oregon/Northern California Coast (SONCC) Evolutionarily Significant Unit (ESU) of coho salmon (Oncorhynchus kisutch) under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Abbreviated Framework
NMFS issues this final rule to implement management measures described in an abbreviated framework to the Fishery Management Plans (FMPs) for the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management Council (Gulf Council), and Coastal Migratory Pelagic Resources prepared by the Gulf Council and the South Atlantic Fishery Management Council (South Atlantic Council). This final rule eliminates the requirement to submit a current certificate of inspection (COI) provided by the U.S. Coast Guard (USCG) with the application to renew or transfer a Federal Gulf of Mexico (Gulf) coastal migratory pelagic (CMP) or reef fish charter vessel/ headboat permit (hereafter referred to as a for-hire permit) and eliminates the restriction on transferring for-hire permits to a vessel of greater authorized passenger capacity than specified on the permit. This final rule also prohibits the harvest or possession of CMP or reef fish species on a vessel with a Gulf for-hire permit that is carrying more passengers than is specified on the permit. The purpose of this final rule is to simplify the passenger capacity requirements for transfers and renewals of Gulf CMP and reef fish for-hire permits to provide more flexibility in the use of these permitted vessels.
Polyethylene Retail Carrier Bags From Taiwan: Initiation of Anti-Circumvention Inquiry on Antidumping Duty Order
In response to a request from The Polyethylene Retail Carrier Bag Committee and its individual members PCL Packaging, Inc., Hilex Poly Co., LLC, and Superbag Corp. (collectively, the petitioners), the Department of Commerce (the Department) is initiating an anti- circumvention inquiry pursuant to section 781(a) of the Tariff Act of 1930, as amended (the Act) to determine whether imports of unfinished polyethylene retail carrier bags (PRCBs) on a roll from Taiwan are circumventing the antidumping duty order on PRCBs from Taiwan.\1\
Multilayered Wood Flooring From the People's Republic of China: Initiation of Antidumping Duty New Shipper Reviews; 2012-2013
The Department of Commerce (``Department'') has determined that three requests for new shipper reviews of the antidumping duty order on multilayered wood flooring from the People's Republic of China (``PRC'') meet the statutory and regulatory requirements for initiation. The period of review (``POR'') for two of these new shipper reviews is December 1, 2012, through May 31, 2013. The POR for the other new shipper review is December 1, 2012, through June 30, 2013.
Pacific Fishery Management Council (Pacific Council); Public Meeting
The Groundfish Subcommittee of the Pacific Council's Scientific and Statistical Committee (SSC) will convene a teleconference, which is open to the public. To attend the SSC Groundfish Subcommittee teleconference, participants need to dial the following toll-free number and, when requested, the access code for the teleconference: telephone: (866) 781-8576; Access code: 67358852
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Closure for the Common Pool Fishery
This action closes the Georges Bank (GB) cod Trimester Total Allowable Catch (TAC) Area for the remainder of Trimester 1, through August 31, 2013. Based on our projection, the common pool fishery has caught 90 percent of its GB cod Trimester 1 TAC triggering the regulatory requirement to close the TAC area for the remainder of the trimester. This action is intended to prevent an overage of the common pool's GB cod quota.
Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review
The Department of Commerce (Department) has determined that Shanghai Tainai Bearing Co., Ltd.'s (Tainai's) request for a new shipper review (NSR) of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (TRBs), from the People's Republic of China (PRC) meets the statutory and regulatory requirements for initiation. The period of review (POR) for this NSR is June 1, 2012, through May 31, 2013.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands; Parrotfish Management Measures in St. Croix
NMFS issues this final rule to implement management measures described in Regulatory Amendment 4 to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands (FMP), as prepared by the Caribbean Fishery Management Council (Council). This rule establishes minimum size limits for parrotfish in the exclusive economic zone (EEZ) off St. Croix in the U.S. Virgin Islands (USVI). The purpose of this final rule is to provide protection from harvest to parrotfish and to assist the stock in achieving optimum yield (OY).
Proposed Information Collection; Comment Request; Current Population Survey (CPS) Email Address Collection Test Supplement
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)).
South Atlantic Fishery Management Council (Council); Public Meeting
The South Atlantic Fishery Management Council (SAFMC) will hold a public hearing meeting pertaining to: Amendment 5 to the Dolphin Wahoo Fishery Management Plan (FMP); and the Generic Dealer Amendment.
North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Termination of Panel Review
Pursuant to the Notice of Motion requesting termination of the panel review by a participant and consented to by all the participants, and pursuant to Rule 71(2) of the Rules of Procedure for Article 1904 Binational Panel Review, the panel review is terminated as of July 3, 2013. A panel has not been appointed to this panel review.
Pacific Halibut Fisheries; Catch Sharing Plan for Guided Sport and Commercial Fisheries in Alaska; Extension of Comment Period
NMFS is extending the date by which public comments are due concerning proposed regulations to implement a catch sharing plan for the guided sport and commercial fisheries for Pacific halibut in waters of International Pacific Halibut Commission (IPHC) Regulatory Areas 2C (Southeast Alaska) and 3A (Central Gulf of Alaska). NMFS published the proposed rule on June 28, 2013, and announced that the public comment period would end on August 12, 2013. With this notice, NMFS is extending the comment period to August 26, 2013, to provide additional time for stakeholders and other members of the public to submit comments.
Fresh Garlic From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Results of Administrative Review and Notice of Amended Final Results of Administrative Review
On June 24, 2013, the United States Court of International Trade (``CIT'' or ``Court'') sustained the Department of Commerce's (``Department'') final results of the third remand redetermination \1\ relating to the ninth administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (``PRC''), pursuant to the CIT's remand order in Taian Ziyang Food Co., Ltd. v. United States, Court No. 05-00399, Slip. Op. 13-80 (CIT 2013). Consistent with the decision of the United States Court of Appeals for the Federal Circuit (``CAFC'') 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 CIT judgment in this case is not in harmony with the Department's final results and is amending its final results of the administrative review of the antidumping duty order on fresh garlic from the PRC covering the period of review (``POR'') of November 1, 2002 through October 31, 2003, with respect to the weighted-average dumping margins assigned to Zhengzhou Harmoni Spice Co., Ltd., Jinan Yipin Corporation, Ltd., Linshu Dading Private Agricultural Products Co., Ltd., and Sunny Import & Export Co., Ltd. (collectively, ``Respondents'').
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council's (Council) Groundfish Oversight Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Revisions to the Export Administration Regulations (EAR): Control of Military Electronic Equipment and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
This is the second proposed rule to describe how military electronics and certain superconducting and cryogenic equipment and related items the President determines no longer warrant control under the United States Munitions List (USML) would be controlled on the Commerce Control List (CCL). This proposed rule also would amend ECCNs 7A001 and 7A101 to apply the ``missile technology'' reason for control only to items in those ECCNs on the Missile Technology Control Regime (MTCR) Annex. This action is one in a planned series of proposed rules that would implement the Administration's Export Control Reform Initiative by describing how certain types of articles would be controlled on the CCL after the President determines that the articles no longer warrant USML control. This proposed rule is being published in conjunction with a proposed rule from the Department of State, Directorate of Defense Trade Controls, which would amend the list of articles controlled by USML Category XI. The revisions proposed in this rule are part of Commerce's retrospective plan under EO 13563 completed in August 2011. Commerce's full plan can be accessed at: https://open.commerce.gov/news/2011/08/23/ commerce-plan-retrospective-analysis-existing-rules.
Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China: Preliminary Results of Antidumping Administrative Review; 2011-2012
The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on certain cut-to- length carbon steel plate (``CTL plate'') from the People's Republic of China (``PRC'') for the period of review (``POR'') November 1, 2011, through October 31, 2012. This review covers three PRC companies.\1\ The Department preliminarily finds Hunan Valin did not have reviewable transactions during the POR. Further, the Department preliminarily finds that the other two respondents, Baosteel and Shanghai Pudong, did not establish their eligibility for separate rate status and, thus, are part of the PRC-wide entity.
Corporation for Travel Promotion (dba Brand USA)
The Department of Commerce is currently seeking applications from travel and tourism leaders from specific industries for membership on the Board of Directors (Board) of the Corporation for Travel Promotion (dba Brand USA). The purpose of the Board is to guide the Corporation for Travel Promotion on matters relating to the promotion of the U.S. travel and tourism industry, among other tasks.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 28
NMFS issues this final rule to implement Amendment 28 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared by the South Atlantic Fishery Management Council (Council), and to set the commercial and recreational ACLs and fishing seasons for red snapper for the 2013 fishing year. Amendment 28 and this final rule establish a process for determining whether limited commercial and recreational fishing seasons for red snapper in or from the South Atlantic exclusive economic zone (EEZ) can occur during a given fishing year, beginning in 2013. Amendment 28 specifies the process and formulas for setting commercial and recreational annual catch limits (ACLs) for red snapper during limited fishing seasons. Amendment 28 and this final rule also establish management measures for red snapper during limited fishing seasons, including eliminating the red snapper minimum size limit, establishing a recreational bag limit, and establishing a commercial trip limit for red snapper. NMFS has determined that limited commercial and recreational fishing seasons can occur in 2013. Therefore, this final rule specifies the commercial and recreational ACLs for 2013, the opening and closing dates of the 2013 recreational fishing season, and the opening date of the 2013 commercial fishing season for South Atlantic red snapper. The purpose of this final rule is to continue rebuilding red snapper to sustainable levels and provide socio-economic benefits to snapper-grouper fishermen and communities that utilize the red snapper resource.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the West Yakutat District of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific ocean perch in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2013 total allowable catch (TAC) of Pacific ocean perch in the West Yakutat District of the GOA.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council) and its Research Set-Aside Committee (RSA), and its Ecosystems and Ocean Planning Committee will hold public meetings.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Pier Replacement Project
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to the U.S. Navy (Navy) to incidentally harass, by Level B harassment only, four species of marine mammals during construction activities associated with a pier replacement project in San Diego Bay, California.
Caribbean Fishery Management Council; Public Meetings
The Caribbean Fishery Management Council (Council) and its Administrative Committee will hold meetings.
Marine Mammals; Notice of Availability of a Draft Environmental Impact Statement To Amend the Atlantic Large Whale Take Reduction Plan
NMFS proposes to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan (Plan). The proposed rule revises the management measures for reducing the incidental mortality and serious injury to the North Atlantic right whale (Eubalaena glacialis), humpback whale (Megaptera novaeangliae), and fin whale (Balaenoptera physalus) in commercial trap/pot and gillnet fisheries to meet the goals of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). A Draft Environmental Impact Statement (DEIS) was prepared in accordance with the National Environmental Policy Act (NEPA), to analyze impacts to the environment of the management alternatives under consideration. NMFS will hold 16 public hearings along the East coast in August and September for the purpose of answering questions and receiving public testimony on the DEIS.
Proposed Information Collection; Comment Request; Licensing of Private Remote-Sensing Space Systems
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.
Civil Nuclear Trade Advisory Committee (CINTAC) Meeting
This notice sets forth the schedule and proposed agenda for a meeting of the CINTAC.
Atlantic Highly Migratory Species; Meeting of the Atlantic Highly Migratory Species Advisory Panel
NMFS will hold a 4-day Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) meeting in September 2013. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. The meeting is open to the public.
Request for Information on Pilots To Inform the Creation of Potential New Manufacturing Technology Acceleration Centers (M-TACs); Extension of Comment Period
NIST is extending the deadline for submitting comments regarding NIST's planning for a Federal Funding Opportunity (FFO) for new manufacturing technology acceleration centers (M-TACs). NIST anticipates issuing the FFO in fiscal year 2014 (FY14), subject to the availability of appropriated funding. The new comment deadline is Monday, August 5, 2013. NIST will accept comments submitted only via email during the extended time period.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting retention of northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2013 total allowable catch of northern rockfish in the Western Regulatory Area of the GOA has been reached.
Amendments to the Export Administration Regulations: Implementation of Limited Syria Waiver for Reconstruction Assistance
The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement a limited waiver, published by the Secretary of State on June 12, 2013, of the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (the SAA). The waiver authorizes BIS to issue licenses on a case-by-case basis for the export or reexport of certain commodities, software, and technology necessary for the support of the Syrian people. Specifically, consistent with Section 5(b) of the SAA, Executive Order 13338 of May 11, 2004 and the International Emergency Economic Powers Act (IEEPA), BIS implements the waiver by amending its Syria licensing policy under the EAR. BIS will review licenses on a case-by-case basis for the export or reexport of certain commodities, software, and technology, including, but not limited to, those related to water supply and sanitation, agricultural production and food processing, power generation, oil and gas production, construction and engineering, transportation, and educational infrastructure, as a means of helping to address the critical needs of the Syrian people and facilitating reconstruction. These exports are necessary to support a political transition, restore stability, and counter destabilizing influences in the region, and are therefore essential to the national security of the United States.
Endangered Species; File No. 17381
Notice is hereby given that Kristen Hart, Ph.D., United States Geological Survey, Southeast Ecological Science Center, 3205 College Avenue, Davie, FL 33314 has been issued a permit to take listed sea turtles for purposes of scientific research.
Spring 2013 Semiannual Agenda of Regulations
In compliance with Executive Order 12866, entitled ``Regulatory Planning and Review,'' and the Regulatory Flexibility Act, as amended, the Department of Commerce (Commerce), in the spring and fall of each year, publishes in the Federal Register an agenda of regulations under development or review over the next 12 months. Rulemaking actions are grouped according to prerulemaking, proposed rules, final rules, long-term actions, and rulemaking actions completed since the 2012 agenda. The purpose of the agenda is to provide information to the public on regulations that are currently under review, being proposed, or issued by Commerce. The agenda is intended to facilitate comments and views by interested members of the public. Commerce's spring 2013 regulatory agenda includes regulatory activities that are expected to be conducted during the period April 1, 2013, through March 31, 2014.
Semiannual Regulatory Agenda, Spring 2013
This agenda provides summary descriptions of significant and not significant regulations being developed in agencies of the U.S. Department of Agriculture (USDA) in conformance with Executive Orders (EO) 12866 ``Regulatory Planning and Review'' and 13563 ``Improving Regulation and Regulatory Review.'' The agenda also describes regulations affecting small entities as required by section 602 of the Regulatory Flexibility Act, Public Law 96-354. This agenda also identifies regulatory actions that are being reviewed in compliance with section 610(c) of the Regulatory Flexibility Act. We invite public comment on those actions as well as any regulation consistent with Executive Order 13563. USDA has attempted to list all regulations and regulatory reviews pending at the time of publication except for minor and routine or repetitive actions, but some may have been inadvertently missed. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the date shown. USDA's complete regulatory agenda is available online at www.reginfo.gov. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), USDA's printed agenda entries include only: (1) Rules that are likely to have a significant economic impact on a substantial number of small entities; and (2) Rules identified for periodic review under section 610 of the Regulatory Flexibility Act.
Steel Concrete Reinforcing Bars From Belarus, Indonesia, Latvia, Moldova, Poland, the People's Republic of China, and Ukraine: Continuation of Antidumping Duty Orders
As a result of the determinations by the Department of Commerce (``Department'') that revocation of the antidumping duty orders \1\ on steel concrete reinforcing bars from Belarus, Indonesia, Latvia, Moldova, Poland, the People's Republic of China (``PRC''), and Ukraine would likely lead to continuation or recurrence of dumping, and by the International Trade Commission (``ITC'') that revocation of the antidumping duty orders would likely lead to continuation or recurrence of material injury to an industry in the United States, the Department is publishing this notice of the continuation of the antidumping duty orders.
Endangered and Threatened Species; Take of Anadromous Fish
NMFS has evaluated the Tribal Resource Management Plans (Plans) submitted by the Confederated Tribes of the Umatilla Indian Reservation, the Shoshone-Bannock Tribes, and the Nez Perce Tribe to NMFS pursuant to the limitation on take prohibitions for actions conducted under the Tribal Rule of section 4(d) for salmon and steelhead promulgated under the Endangered Species Act (ESA). The Plans specify fishery management activities in the Oregon and Washington portions of the Snake River basin. This document serves to notify the public that NMFS, by delegated authority from the Secretary of Commerce, has determined pursuant to the ESA Tribal 4(d) Rule for salmon and steelhead that implementing and enforcing the Plans will not appreciably reduce the likelihood of survival and recovery of ESA- listed salmon and steelhead.
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