Department of Commerce September 2013 – Federal Register Recent Federal Regulation Documents
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Fisheries of the Caribbean; Southeast Data, Assessment and Review (SEDAR); Public Meeting
The SEDAR 35 assessment of Caribbean Red Hind will consist of: a Data Workshop; a series of Assessment Webinars; and a Review Workshop. See SUPPLEMENTARY INFORMATION.
U.S. Environmental Solutions Toolkit
This notice sets forth a request for input from U.S. businesses capable of exporting their goods or services relevant to (a) arsenic removal from drinking water; (b) management, use, or disposal of biosolids; and (c) secondary and advanced wastewater treatment. The Department of Commerce continues to develop the web-based U.S. Environmental Solutions Toolkit to be used by foreign environmental officials and foreign end-users of environmental technologies The Toolkit outline U.S. approaches to a series of environmental problems and highlight participating U.S. vendors of relevant U.S. technologies. The Toolkit will support the President's National Export Initiative by fostering export opportunities for the U.S. environmental industry, as well as advancing global environmental protection.
Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Training and Testing Activities in the Mariana Islands Training and Testing Study Area
NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to the training and testing activities conducted in the Mariana Islands Training and Testing (MITT) Study Area from July 2015 through July 2020. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the Navy's request for the development and implementation of regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the Navy's application and request.
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Bigeye Tuna Catch Limit in Longline Fisheries for 2013 and 2014
NMFS issues regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to establish a catch limit of 3,763 metric tons (mt) of bigeye tuna (Thunnus obesus) for vessels in the U.S. pelagic longline fisheries operating in the western and central Pacific Ocean (WCPO) for each of the calendar years 2013 and 2014. The limit does not apply to vessels in the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands (CNMI). Once the limit of 3,763 mt is reached in 2013 or 2014, retaining, transshipping, or landing bigeye tuna caught in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), which comprises the majority of the WCPO, will be prohibited for the remainder of the calendar year, with certain exceptions. This action is necessary for the United States to satisfy its obligations under the Convention, to which it is a Contracting Party.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Regulatory Amendment 19
NMFS issues this final rule to implement management measures for black sea bass described in Regulatory Amendment 19 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). Regulatory Amendment 19 specifies the acceptable biological catch (ABC), and the amendment and this final rule revise the optimum yield (OY), the commercial and recreational annual catch limits (ACLs), and the recreational annual catch target (ACT) for black sea bass harvested in or from the South Atlantic exclusive economic zone (EEZ). This final rule also establishes an annual prohibition on the use of black sea bass pots in the South Atlantic from November 1 through April 30. The purpose of this rule is to provide socio-economic benefits to snapper-grouper fishermen and communities that utilize the snapper-grouper resource, while maintaining fishing mortality at sustainable levels according to the best scientific information available. The rule also prevents interactions between black sea bass pot gear and whales listed under the Endangered Species Act (ESA) during periods of large whale migrations and during the northern right whale calving season off of the southeastern coast.
Consistency Certification for a Proposed Project in Sterling, New York; Notice of Appeal
This announcement provides notice that the Department of Commerce (Department) has received a ``Notice of Appeal'' filed by Mark Smolinski (Appellant) requesting that the Secretary override an objection by the New York Department of State to a consistency certification for a proposed project in Sterling, New York. Addresses and Dates: You may submit written comments concerning this appeal or requests for a public hearing to NOAA, Office of General Counsel, Oceans and Coasts Section, Attn. Gladys Miles, 1305 East-West Highway, Room 6111, Silver Spring, MD 20910, or via email to gcos.comments@noaa.gov. Comments or requests for a public hearing must be sent in writing postmarked or emailed no later than October 23, 2013.
Hardwood and Decorative Plywood From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
On May 3, 2013, the Department of Commerce (``Department'') published its preliminary determination of sales at less than fair value (``LTFV'') in the antidumping duty investigation of hardwood and decorative plywood (``plywood'') from the People's Republic of China (``PRC'').\1\ We invited interested parties to comment on our preliminary determination of sales at LTFV. Based on our analysis of the comments we received, we have made changes to our preliminary determination. We determine that plywood 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 dumping margins for this investigation are listed in the ``Final Determination Margins'' section below.
Hardwood and Decorative Plywood from the People's Republic of China: Final Affirmative Countervailing Duty Determination; 2011
The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and/or exporters of hardwood and decorative plywood From the People's Republic of China (PRC).
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2013-2014 Accountability Measure and Closure for Gulf King Mackerel in Western Zone
NMFS implements an accountability measure (AM) for commercial king mackerel in the western zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary final rule. NMFS has determined that the commercial annual catch limit (ACL) (equal to the commercial quota) for king mackerel in the western zone of the Gulf EEZ will have been reached by September 20, 2013. Therefore, NMFS closes the western zone of the Gulf to commercial king mackerel fishing in the EEZ. This closure is necessary to protect the Gulf king mackerel resource.
Proposed Information Collection; Comment Request; Western Region Vessel Monitoring System and Pre-Trip Reporting Requirements
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.
Proposed Information Collection; Comment Request; Social Values of Ecosystem Services (SolVES) in Marine Protected Areas for Management Decision-Making
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.
Export Trade Certificate of Review
The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Outdoor Power Equipment Institute, Inc. on August 29, 2013.
Export Trade Certificate of Review
The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to California Almond Export Association, LLC on August 29, 2013.
First Responder Network Authority Board Meeting
The National Telecommunications and Information Administration (NTIA) will convene an open public meeting of the Board of the First Responder Network Authority (FirstNet).
Endangered and Threatened Wildlife and Plants; Notice of 6-Month Extension of the Final Rulemaking To List 66 Species of Coral as Threatened or Endangered Under the Endangered Species Act and Reclassify Acropora cervicornis and Acropora palmata From Threatened to Endangered
We, the National Marine Fisheries Service (NMFS), published on December 7, 2012, a proposed rule to list 66 species of reef-building corals (59 in the Pacific and seven in the Caribbean) and to re- classify two species already listed under the Endangered Species Act (ESA) from threatened to endangered and requesting information related to the proposed action. We are announcing a 6-month extension of the deadline for final determinations for all of the 68 proposed corals. Based on comments received during the public comment period, we find that substantial disagreement exists regarding the sufficiency and accuracy of the data and analyses relevant to the 68 proposed listing determinations. Accordingly, we are extending the deadline for the final listing decisions for 6 months to solicit additional data. We believe that allowing an additional 6 months to evaluate and assess the best scientific and commercial data available would better inform our final listing determinations.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold meetings of its 114th Scientific and Statistical Committee (SSC), Hawaii Archipelago/Pacific Remote Island Areas (PRIA) Standing Committee, Mariana Archipelago Standing Committee, American Samoa Archipelago Standing Committee, Fishery Rights of Indigenous People Standing Committee, Enforcement and Vessel Monitoring System (VMS) Standing Committee, Program Planning and Research Standing Committee, Pelagic and International/Protected Species Standing Committee, Executive and Budget Standing Committee, and 158th Council to take actions on fishery management issues in the Western Pacific Region.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a meeting of the ABC Control Working Group (SSC) and Standing and Special Reef Fish Scientific and Statistical Committees (SSC).
Visiting Committee on Advanced Technology
The Visiting Committee on Advanced Technology (VCAT or Committee), National Institute of Standards and Technology (NIST), will meet in open session on Tuesday, October 8, 2013, from 9:00 a.m. to 1:45 p.m. Eastern Time. The VCAT is composed of fifteen members appointed by the NIST Director who are eminent in such fields as business, research, new product development, engineering, labor, education, management consulting, environment, and international relations.
Request for Information on Computer Security Incident Coordination (CSIC)
NIST is extending the deadline for submitting comments relating to Computer Security Incident Coordination. NIST experienced technical difficulties with receiving email comments from the time the notice was published on June 28, 2013 through July 31, 2013. Due to the technical difficulties experienced during the comment period, NIST may not have received all comments submitted via email on or before the closing date, July 29, 2013. Persons who submitted comments via email on or before July 29, 2013 may resubmit their comments during the extended comment period. In addition, since NIST is extending the comment period, persons who submitted untimely comments between July 29, 2013 and July 31, 2013 also may resubmit their comments during the extended comment period. NIST will accept new comments during the extended comment period as well. NIST will accept only emails during the extended time period.
Extension of Time Limits
The Department of Commerce (the Department) is modifying its regulation concerning the extension of time limits for submissions in antidumping (AD) and countervailing duty (CVD) proceedings. The modification clarifies that parties may request an extension of time limits before any time limit established under Part 351 expires. This modification also requires that an extension request must be made in a separate, stand-alone submission, and clarifies the circumstances under which the Department will grant untimely-filed requests for the extension of time limits.
North American Free Trade Agreement Binational Panel Reviews
Pursuant to the Decision and Order of the North American Free Trade Agreement (NAFTA) Binational Panel dated August 6, 2013, the panel review of the Department of Commerce's final determination of Light-Walled Rectangular Pipe and Tube from Mexico was completed on September 6, 2013.
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List Alabama Shad as Threatened or Endangered Under the Endangered Species Act
We (NMFS) announce a 90-day finding on a petition to list Alabama shad (Alosa alabamae) as threatened or endangered under the Endangered Species Act (ESA) and to designate critical habitat concurrent with the listing. We find that the information in our files presents substantial scientific or commercial information indicating that the petitioned action may be warranted. We will conduct a status review of the species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information regarding this species (see below).
Legal Services Trade Mission to China
The United States Department of Commerce, International Trade Administration, U.S. and Foreign Commercial Service is amending the Notice published at 78 FR 20893, April 8, 2013, regarding the Executive-Led Legal Services Trade Mission to China scheduled for September 16-18, 2013, to postpone the mission until further notice.
Fisheries of the Exclusive Economic Zone Off Alaska; Shortraker Rockfish in the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting retention of shortraker rockfish in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2013 total allowable catch (TAC) of shortraker rockfish in the BSAI has been reached.
Architecture Services Trade Mission to Rio de Janeiro and Recife, Brazil, October 7-10, 2013
The United States Department of Commerce, International Trade Administration, U.S. and Foreign Commercial Service is amending the Notice published at 78 FR 38687, June 27, 2013, regarding the Architecture Services Trade Mission to Rio de Janeiro and Recife, Brazil scheduled for October 7-10, 2013, to revise the mission description from executive-led to non-executive led.
Trade Mission to Philippines and Malaysia
The United States Department of Commerce, International Trade Administration, U.S. and Foreign Commercial Service is amending the Notice published at 78 FR 22237, April 15, 2013, regarding the education industry trade mission to Manila, Philippines and Kuala Lumpur, Malaysia scheduled for October 23-October 30, 2013, to revise the mission description from executive-led to non-executive led.
Secretarial Infrastructure Business Development Mission to Mexico November 18-23, 2013
The United States Department of Commerce, International Trade Administration, U.S. and Foreign Commercial Service is amending the Notice published at 78 FR 48855, August 12, 2013, regarding the Secretarial Infrastructure Business Development Mission to Mexico November 18-23, 2013, to revise the dates of the application deadline from September 13, 2013 to the new deadline of September 20, 2013.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings
The Mid-Atlantic Fishery Management Council (Council) and its Executive Committee, and its Mackerel, Squid, Butterfish Committee (MSB) will hold public meetings.
First Responder Network Authority Board Meeting
The Board of the First Responder Network Authority (FirstNet) will hold a Special Board meeting via teleconference on September 23, 2013.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
NMFS adopts as final with some changes an interim final rule published April 17, 2013, which reorganized the regulations implementing the fishery management plans (FMPs) for the Southeast Region, NMFS, and amended references to the Paperwork Reduction Act (PRA) information-collection requirements. The new part 622 contains regulations implementing management measures contained in the FMPs for the following domestic fisheries in the Caribbean, Gulf of Mexico, and South Atlantic: Caribbean coral, Caribbean reef fish, Caribbean spiny lobster, Caribbean queen conch, Gulf red drum, Gulf reef fish, Gulf shrimp, Gulf coral, Gulf and South Atlantic coastal migratory pelagics, Gulf and South Atlantic spiny lobster, South Atlantic coral, South Atlantic snapper-grouper, South Atlantic shrimp, Atlantic dolphin and wahoo, South Atlantic golden crab, and South Atlantic pelagic sargassum. The intended effect of this final rule is to improve the organization of these regulations and simplify their use.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Annual Catch Limits and Accountability Measures
NMFS proposes regulations to implement an omnibus amendment to three of the Mid-Atlantic Fishery Management Council's fishery management plans. The omnibus amendment proposes to change the accountability measures for the Atlantic mackerel, Atlantic bluefish, summer flounder, scup, and black sea bass recreational fisheries. The proposed measures are intended to more appropriately address accountability in the recreational fisheries.
Atlantic Highly Migratory Species; 2006 Consolidated Highly Migratory Species Fishery Management Plan; Amendment 7; Extension of Comment Period
The National Marine Fisheries Service (NMFS) is amending the 2006 Consolidated HMS FMP to address bluefin tuna management due to recent trends and characteristics of the bluefin fishery. This action is necessary to meet domestic management objectives of the Magnuson- Stevens Fishery Conservation and Management Act including preventing overfishing, achieving optimal yield, and minimizing bycatch to the extent practicable, as well as the objectives of the Atlantic Tunas Convention Act (ATCA) and obligations pursuant to binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT). NMFS takes these actions to reduce bluefin dead discards and account for dead discards in all categories; optimize fishing opportunities in all categories; enhance reporting and monitoring; and adjust other aspects of the 2006 Consolidated HMS FMP as necessary. The proposed measures include Allocation measures, Area- Based measures, Bluefin Quota Controls, Enhanced Reporting measures, and other measures with respect to how the various quota categories utilize quota. In the proposed rule that published on August 21, 2013, NMFS announced the end of the comment period as October 23, 2013, which allowed an approximately 60-day comment period. Given the length and complexity of the rule, and to provide additional time for constituents to consider the proposed rule in light of any new recommendations adopted by ICCAT at its November 2013 meeting, NMFS is extending the comment period for this action until December 10, 2013, to provide additional opportunities for public comment.
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications
NMFS proposes to implement the annual catch limit (ACL), acceptable biological catch (ABC), annual catch target (ACT) and associated annual reference points for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of July 1, 2013, through June 30, 2014. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed 2013-2014 ACL for Pacific mackerel is 52,358 metric tons (mt). The proposed ACT, which will be the directed fishing harvest target, is 39,268 mt. If the fishery attains the ACT, the directed fishery will close, reserving the difference between the ACL and ACT (which is 13,089 mt) as a set aside for incidental landings in other CPS fisheries and other sources of mortality. This rule is intended to conserve and manage the Pacific mackerel stock off the U.S. West Coast.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 27
The South Atlantic Fishery Management Council (Council) has submitted Amendment 27 (Amendment 27) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. Amendment 27 would extend the South Atlantic Council's jurisdiction for management of Nassau grouper into the Gulf of Mexico (Gulf) exclusive economic zone (EEZ); increase the number of allowable crew members to four on dual-permitted snapper-grouper vessels (i.e., vessels holding a South Atlantic Charter Vessel/Headboat Permit for Snapper-Grouper and a commercial South Atlantic Unlimited or a 225-Pound Trip Limit Snapper-Grouper Permit) that are fishing commercially; remove the prohibition on retaining any fish under the aggregate bag limit for grouper and tilefish or the vermilion snapper bag limit by captain and crew of federally-permitted for-hire vessels; modify the snapper-grouper framework procedures to allow acceptable biological catch levels (ABCs), annual catch limits (ACLs), and annual catch targets (ACTs) to be adjusted via an abbreviated framework process; and remove blue runner from the FMP.
Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; Revisions to Headboat Reporting Requirements for Species Managed by the South Atlantic Fishery Management Council
The South Atlantic Fishery Management Council (South Atlantic Council) approved the Joint South Atlantic/Gulf of Mexico Generic Charter/Headboat Reporting in the South Atlantic Amendment (For-Hire Reporting Amendment) during its March 2013 meeting, and the Gulf of Mexico Fishery Management Council (Gulf Council) approved the amendment at its February 2013 meeting. The Councils submitted the amendment to NMFS for agency review under procedures of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The For-Hire Reporting Amendment includes Amendment 31 to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region; Amendment 6 to the FMP for the Dolphin and Wahoo Fishery of the Atlantic; and Amendment 22 to the FMP for the Coastal Migratory Pelagic Resources in the Atlantic and the Gulf of Mexico. If approved, the For- Hire Reporting Amendment would amend the FMPs to modify data reporting for for-hire vessels in the South Atlantic. Under the preferred alternative, headboat vessels in the South Atlantic would be required to submit electronic fishing records to the NMFS' Southeast Fisheries Science Center (SEFSC) Science and Research Director (SRD) weekly, or at intervals shorter than a week if notified by the SRD.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in the Gulf of Alaska
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 C season allowance of the 2013 total allowable catch of pollock for Statistical Area 630 in the GOA.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures
NMFS issues this final rule to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). This rule increases the 2013 commercial and recreational quotas for red snapper in the Gulf of Mexico (Gulf) reef fish fishery and re-opens the red snapper recreational season for 2013. This final rule is intended to allow increased harvest of Gulf red snapper without increasing the risk of red snapper experiencing overfishing or jeopardizing the rebuilding plan.
Commerce Spectrum Management Advisory Committee Meeting
This notice announces a public meeting of the Commerce Spectrum Management Advisory Committee (Committee). The Committee provides advice to the Assistant Secretary of Commerce for Communications and Information on spectrum management policy matters.
Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar
In accordance with regulations issued under the Marine Mammal Protection Act, as amended, we hereby give notification that we, the National Marine Fisheries Service (NMFS), have issued four 1-year Letters of Authorization (Authorizations) to the U.S. Navy (Navy) to take marine mammals by harassment incidental to their military readiness activities associated with the routine training, testing, and military operations of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar within the northwest Pacific Ocean and the north-central Pacific Ocean.
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