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

The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends the patent laws to implement the provisions of the Hague Agreement Concerning International Registration of Industrial Designs (Hague Agreement) in title I, and the Patent Law Treaty (PLT) in title II. The PLT harmonizes and streamlines formal procedures pertaining to the filing and processing of patent applications. This final rule revises the rules of practice for consistency with the changes in the PLT and title II of the PLTIA. The United States Patent and Trademark Office (Office) is implementing the Hague Agreement and title I of the PLTIA in a separate rulemaking. The notable changes in the PLT and title II of the PLTIA pertain to: The filing date requirements for a patent application; the restoration of patent rights via the revival of abandoned applications and acceptance of delayed maintenance fee payments; and the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve- month period (six-month period for design applications) for filing such a subsequent application. This final rule also revises the patent term adjustment provisions to provide for a reduction of any patent term adjustment if an application is not in condition for examination within eight months of its filing date or date of commencement of national stage in an international application, and contains miscellaneous changes pertaining to the supplemental examination, inventor's oath or declaration, and first inventor to file provisions of the Leahy-Smith America Invents Act (AIA).

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 2013 total allowable catch of pollock for Statistical Area 630 in the GOA.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2013 total allowable catch of pollock for Statistical Area 620 in the GOA.

NMFS reduces the commercial trip limit for vermilion snapper in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight. This trip limit reduction is necessary to protect the South Atlantic vermilion snapper resource.

NMFS announces the closure of the 2013 commercial fishing season for red snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. Commercial landings for red snapper, as estimated by the Science and Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) for red snapper on October 8, 2013. Therefore, NMFS closes the commercial sector for red snapper in the South Atlantic EEZ on October 8, 2013. This closure is necessary to protect the South Atlantic red snapper resource.

The Gulf of Mexico Fishery Management Council (Council) will hold meetings of the: Mackerel, Sustainable Fisheries/Ecosystem, and Reef Fish Management Committees; and a meeting of the Full Council. The Council will also hold an informal public question and answer session regarding agenda items and a formal public comment session.

NMFS announces a temporary removal of the 2,000-lb (907.2 kg) trip limit for the Atlantic herring fishery in Management Area 2 (Area 2) because catch data indicate that 95 percent of the total sub-annual catch limit (sub-ACL) threshold in Area 2 has not been fully attained. Vessels issued a Federal permit to harvest Atlantic herring may resume fishing for and landing herring in amounts greater than 2,000 lb (907.2 kg), consistent with their respective Atlantic herring permit categories, effective 0001 hrs, October 1, 2013.

NMFS is implementing Framework Adjustment 2 to the Atlantic Herring Fishery Management Plan (Framework 2) and the 2013-2015 fishery specifications for the Atlantic herring fishery (2013-2015 specifications). Framework 2 allows the New England Fishery Management Council (Council) to split annual catch limits seasonally for the four Atlantic herring management areas, and the carryover of unharvested catch, up to 10 percent for each area's annual catch limit. The specifications set catch specifications for the herring fishery for the 2013-2015 fishing years and establish seasonal splits for management areas 1A and 1B as recommended to NMFS by the Council.

The United States Patent and Trademark Office (USPTO) has updated the Patent and Trademark Office Acquisition Guidelines (PTAG), which are the agency's internal operating procedures for procurement.

On June 3, 2013, the Department of Commerce (``the Department'') initiated the first sunset review of the antidumping duty order on circular welded carbon-quality steel pipe (``CWP'') from the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). Based on the notice of intent to participate and adequate substantive response filed by the domestic interested party, and the lack of response from any respondent interested party, the Department conducted an expedited (120-day) sunset review of the antidumping duty order on CWP from the PRC, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping. The magnitude of the dumping margins likely to prevail is indicated in the ``Final Results of Sunset Review'' section of this notice, infra.

The Department of Commerce (the Department) preliminarily determines that Joint Stock Company Severstal (Severstal) is in compliance with the Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation (Agreement) for the period January 1, 2012 through December 31, 2012, and that the Agreement is functioning as intended. The preliminary results are set forth in the section titled ``Methodology and Preliminary Results,'' infra. We intend to issue the final results within 120 days after publication of these preliminary results in the Federal Register.

The Department of Commerce (the Department) is conducting an administrative review and new shipper review of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (PRC). The period of review (POR) for the administrative review is September 1, 2011, through August 31, 2012, and the POR for the new shipper review is September 1, 2011, through September 30, 2012. The Department preliminarily determines that Deyan Aquatic Products and Food Co., Ltd. (Deyan Aquatic) (the new shipper), Nanjing Gemsen International Co., Ltd. (Nanjing Gemsen), Xiping Opeck Food Co., Ltd. (Xiping Opeck), and Yancheng Hi-King Agriculture Developing Co., Ltd., (Yancheng Hi-King) have not made sales of subject merchandise in the United States at prices below normal value.

The Bureau of Industry and Security (BIS) is correcting a final rule that appeared in the Federal Register of April 16, 2013. As part of the Export Control Reform (ECR) Initiative, the Bureau of Industry and Security (BIS), and the Directorate of Defense Trade Controls (DDTC), Department of State, have published multiple proposed amendments to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), respectively, to strengthen national security by fundamentally reforming the export control system. The final rule implements the initial ECR changes by adding a structure and related provisions to control munitions items that the President has determined no longer warrant export control on the U.S. Munitions List (USML) on the Commerce Control List (CCL), specifically aircraft, gas turbine engines, and related items. The final rule was published in conjunction with a Department of State document that revises the USML so that upon the effective date of both documents, the USML and CCL and corresponding regulatory structures will be complementary. The Department of State is also correcting their final rule that appeared in the Federal Register of April 16, 2013, in a document published elsewhere in this issue of the Federal Register.

The Department of Commerce (Department) finds that revocation of the countervailing duty (CVD) order on carbon and certain alloy steel wire rod (wire rod) from Brazil would be likely to lead to continuation or recurrence of countervailable subsidies.

The NOAA Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. NOAA SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Tuesday, November 19, 2013 from 10:00 a.m. to 5:30 p.m. and Wednesday, November 20, 2013 from 8:30 a.m. to 2:30 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page https:// www.sab.noaa.gov/Meetings/meetings.html for the most up-to-date meeting agenda. Place: The meeting will be held in the Washington, DC area; please check the SAB Web site https://www.sab.noaa.gov/Meetings/meetings.html for meeting location and directions. Status: The meeting will be open to public participation with a 15 minute public comment period on November 19 at 5:15 p.m. (check Web site to confirm time). The NOAA SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of five (5) minutes. Individuals or groups planning to make a verbal presentation should contact the NOAA SAB Executive Director by November 12, 2013 to schedule their presentation. Written comments should be received in the NOAA SAB Executive Director's Office by November 12, 2013 to provide sufficient time for NOAA SAB review. Written comments received by the NOAA SAB Executive Director after November 12, 2013 will be distributed to the NOAA SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first- come, first-served basis. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12 p.m. on November 12, 2013, to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East-West Hwy., Silver Spring, MD 20910. Matters To Be Considered: The meeting may include the following topics: (1) Review Report on the Cooperative Institute for Research in the Atmosphere (CIRA); (2) Recommendations and Proposed New Members from the Data Archive and Access Requirements Working Group; 3) Recommendations from the from the Ecosystem Sciences and Management Working Group; (4) Discussion of Environmental Information Services Working Group and Climate Working Group comments on NOAA Response to Climate Partnership Task Force Report; (5) NOAA Response to the SAB Satellite Task Force Report; (6) NOAA Response to the Review of the Ocean Exploration Program; (7) SAB Strategic Planning: NOAA Presentation and Discussion; (8) Discussion of SAB Working Groups- Overall Funding and Tasking in a Budget-Constrained Environment; (9) NOAA Update; (10) Update on NOAA Cooperative Institutes; (11) Ocean Exploration Forum Highlights; and (12) Updates from NOAA SAB Working Groups.

Notice is hereby given that permits have been issued to Dan Engelhaupt, Ph.D., HDR EOC, 5700 Lake Wright Drive, Norfolk, VA 23502- 1859, and Scripps Institution of Oceanography [Responsible Party: John Hildebrand, Ph.D.], University of California, 8635 Discovery Way, La Jolla, CA 92093 to conduct research on marine mammals in the Atlantic and Pacific Oceans.

The National Marine Fisheries Service (NMFS) is announcing its intent to prepare a recovery plan for the Main Hawaiian Islands insular false killer whale (Pseudorca crassidens) distinct population segment (MHI Insular FKW) and requests information from the public. NMFS is required by section 4(f) of the Endangered Species Act of 1973 (ESA), as amended, to develop and implement recovery plans for the conservation and survival of federally listed species unless the Secretary finds that such a plan will not promote the conservation of the species.

As a result of the determinations by the Department of Commerce (the ``Department'') and the International Trade Commission (the ``ITC'') that revocation of the antidumping duty orders on silicomanganese from India, Kazakhstan, and Venezuela would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order.

The Department of Commerce (``the Department'') has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with August anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.

This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below.