Department of Commerce November 2013 – Federal Register Recent Federal Regulation Documents
Results 51 - 100 of 208
Proposed Information Collection; Comment Request; Large Pelagic Fishing Survey
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.
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) gives notice of a proposed new system of records entitled ``COMMERCE/ PAT-TM-24 Background Investigations.'' We invite the public to comment on the system announced in this publication.
Polyethylene Retail Carrier Bags From Thailand: Final Court Decision and Amended Final Results of Administrative Review of the Antidumping Duty Order; 2006-2007
On January 18, 2012, the Court of International Trade (CIT) entered judgment in KYD Inc. v. United States, 807 F. Supp. 2d 1372 (CIT January 18, 2012) (KYD v. United States) affirming the Department's results of redetermination pursuant to remand, which recalculated the weighted-average duty margin for polyethylene retail carrier bags (PRCBs) from Thailand produced or exported by King Pac Industrial Co., Ltd. (King Pac) and Master Packaging Co., Ltd. (Master Packaging) and imported by KYD Inc. (KYD) for the period of review (POR) of August 1, 2006, through July 31, 2007, to be 94.62 percent. KYD appealed the CIT's decision to the Court of Appeals for the Federal Circuit (CAFC). On May 29, 2013, the CAFC affirmed the judgment of the CIT.\1\ The time for appeal has expired. Accordingly, the Department is amending the final results of the administrative review of the antidumping duty order on PRCBs from Thailand covering the POR, in accordance with KYD v. United States.
Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results and Rescission in Part of Antidumping Duty Administrative Review; 2012-2013
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC) covering the period of review (POR) February 1, 2012, through January 31, 2013. The Department has preliminarily applied facts otherwise available with an adverse inference (AFA) to the PRC-wide entity because an element of the entity, Blue Field (Sichuan) Food Industrial Co., Ltd. (Blue Field), failed to act to the best of its ability in complying with the Department's request for information in this review and, consequently, significantly impeded the proceeding. In addition, the Department is rescinding this administrative review in part with respect to certain exporters for which all review requests have been withdrawn.
Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2011-2012
In response to requests from interested parties, the Department of Commerce (the ``Department'') is conducting the second administrative review of the antidumping duty order on seamless refined copper pipe and tube from the People's Republic of China (``PRC''), covering the period November 1, 2011 through October 31, 2012. The Department has preliminarily determined that during the period of review (``POR'') respondents in this proceeding have made sales of subject merchandise at less than normal value (``NV'').
Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display, and Chartering Permits; Letters of Acknowledgment
NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment (LOAs), and Chartering Permits for Atlantic highly migratory species (HMS) in 2014. Exempted fishing permits and related permits would authorize collection of a limited number of tunas, swordfish, billfishes, and sharks (collectively known as HMS) from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific data collection and public display. Chartering permits allow the collection of HMS on the high seas or in the Exclusive Economic Zone of other nations under certain conditions. Generally, EFPs and related permits will be valid from the date of issuance through December 31, 2014, unless otherwise specified, subject to the terms and conditions of individual permits.
Proposed Information Collection; Comment Request; Request for Duty-Free Entry of Scientific Instrument or Apparatus
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; Pacific Tuna Fisheries Logbook
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; Questionnaire for Building Permit Official
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)).
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Pier Maintenance 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, two species of marine mammals during construction activities associated with a pier maintenance project at Naval Base Kitsap Bremerton, Washington.
Drill Pipe From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision
On November 4, 2013, the United States Court of International Trade (``Court'' or ``CIT'') issued its final judgment in Downhole Pipe v. United States,\1\ sustaining the Department of Commerce's (Department) Remand Results.\2\ 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 CIT judgment in this case is not in harmony with the Department's Final Determination \3\ and is amending the Final Determination with respect to the surrogate values (``SV'') for drill pipe green tubes and the labor wage rate in the less-than-fair-value investigation.
Sodium Nitrite From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
The Department of Commerce (``the Department'') finds that revocation of the countervailing duty (``CVD'') order on sodium nitrite from the People's Republic of China (``PRC'') would be likely to lead to the continuation or recurrence of net countervailable subsidies.
Certain Steel Nails From the People's Republic of China: Final Results of Expedited First Sunset Review of the Antidumping Duty Order
On July 1, 2013, the Department of Commerce (the ``Department'') initiated the first five-year (``sunset'') review of the antidumping duty order on certain steel nails from the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ``Act'').\1\ As a result of this sunset review, the Department finds that revocation of the antidumping duty order on certain steel nails from the PRC would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.
Amendments to Existing Validated End-User Authorizations in the People's Republic of China
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise existing authorizations for Validated End-Users (VEUs) Samsung China Semiconductor Co. Ltd. (Samsung China), Semiconductor Manufacturing International Corporation (SMIC), SK hynix Semiconductor (China) Ltd. (SK hynix China) and SK hynix Semiconductor (Wuxi) Ltd. (SK hynix Wuxi) (collectively ``SK hynix'') in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to add two items and remove one item from the list of eligible items for VEU Samsung China, add a facility to the list of eligible destinations and two items to the list of eligible items for VEU SMIC, and update the addresses of the facilities used by VEU SK hynix China and VEU SK hynix Wuxi.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a Webinar of the Outreach and Education Advisory Panel.
North Pacific Fishery Management Council; Public Meetings
The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings, December 9-16, in Anchorage, AK.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Halibut and Crab Prohibited Species Catch Allowances in the Bering Sea and Aleutian Islands Management Area
NMFS is reallocating the projected unused amounts of the 2013 halibut and crab prohibited species catch (PSC) allowances from the Bering Sea and Aleutian Islands trawl (BSAI) limited access sector to the Amendment 80 cooperatives in the BSAI management area. This action is necessary to allow the Amendment 80 cooperatives to fully harvest their 2013 groundfish allocations.
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area
NMFS is reallocating the projected unused amounts of Pacific cod from catcher vessels using jig gear, catcher vessels greater than 60 feet (18.3 meters) length overall (LOA) using pot gear, and catcher vessels using trawl gear to catcher vessels less than 60 feet (18.3 meters) LOA using hook- and-line or pot gear, American Fisheries Act (AFA) catcher/processors (C/P), Amendment 80 (A80) C/Ps, C/P vessels using pot gear, and C/P vessels using hook-and-line gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2013 total allowable catch of Pacific cod to be harvested.
North Pacific Fishery Management Council; Public Meeting
The Scallop Plan Team (SPT) will hold a teleconference (907- 271-2896). You can listen at the Council office in room 205.
Proposed Information Collection; Comment Request; Generic Clearance for Customer Satisfaction Research
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)).
Civil Nuclear Trade Advisory Committee (CINTAC) Meeting
This notice sets forth the schedule and proposed agenda for a meeting of the CINTAC.
Endangered and Threatened Species; Protective Regulations for the Gulf of Maine Distinct Population Segment of Atlantic Sturgeon
We, NMFS, are issuing an interim final regulation to conserve the Gulf of Maine Distinct Population Segment (DPS) of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus). On February 6, 2012, we listed the Gulf of Maine DPS of Atlantic sturgeon as threatened under the Endangered Species Act (ESA). When a species is listed as threatened under the ESA, we are required to issue protective regulations under section 4(d) of the ESA. Such protective regulations are ones deemed ``necessary and advisable for the conservation of the species'' and may include any act prohibited for endangered species under section 9(a)(1) of the ESA. This regulation extends the prohibitions listed in section 9 of the ESA to Gulf of Maine DPS Atlantic sturgeon. The prohibitions set forth in this rule are considered necessary and advisable for the conservation of this species. Given that the changes made to this rule are based on the new information that was not submitted as public comment on the proposed rule, we are publishing this rule as an interim final rule and are soliciting additional public comment. This document also announces the availability of a final Environmental Assessment that analyzes the environmental impacts of promulgating this interim final regulation.
Import Administration; Change of Agency Name
Effective October 1, 2013, the Department of Commerce (Department), through internal department organizational orders, changed the name of ``Import Administration'' to ``Enforcement and Compliance.'' Consistent with this action, this rule makes appropriate conforming changes in part 400 of title 15 of the Code of Federal Regulations. The rule also sets forth a Savings Provision that preserves, under the new name, all actions taken under the name of Import Administration and provides that any references to Import Administration in any document or other communication shall be deemed to be references to Enforcement and Compliance.
Sodium Nitrite From Germany and the People's Republic of China: Final Results of the Expedited First Sunset Reviews of the Antidumping Duty Orders
On July 1, 2013, the Department of Commerce (``the Department'') initiated the first sunset reviews of the antidumping duty (``AD'') orders on sodium nitrite from Germany and 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 expedited (120-day) sunset reviews of these AD orders, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of the AD orders would likely lead to continuation or recurrence of dumping, at the levels indicated in the ``Final Results of Sunset Reviews'' section of this notice.
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List 19 Species and 3 Subpopulations of Sharks as Threatened or Endangered Under the Endangered Species Act
We (NMFS) announce a 90-day finding on a petition to list 19 species and 3 subpopulations of sharks as threatened or endangered under the Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted for 9 species: Centrophorus harrissoni, Isogomphodon oxyrhynchus, Mustelus fasciatus, Mustelus schmitti, Squatina aculeata, Squatina argentina, Squatina guggenheim, Squatina oculata, and Squatina squatina. Therefore, we will conduct a status review of the nine species to determine if the petitioned action is warranted. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to these petitioned species from any interested party. We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted for 10 species and 3 subpopulations: Carcharhinus borneensis, Carcharhinus hemiodon, Carcharias taurus (Southwest Atlantic subpopulation), Cetorhinus maximus (North Pacific subpopulation), Cetorhinus maximus (Northeast Atlantic subpopulation), Haploblepharus kistnasamyi, Hemitriakis leucoperiptera, Holohalaelurus favus, Holohalaelurus punctatus, Lamiopsis temmincki, Squatina formosa, Squatina punctata, and Triakis acutipinna.
Laminated Woven Sacks From the People's Republic of China: Final Results of the Expedited Sunset Review of the Countervailing Duty Order
On July 1, 2013, the Department of Commerce (Department) initiated a sunset review of the countervailing duty order on laminated woven sacks from the People's Republic of China (PRC). The Department finds that revocation of this countervailing duty (CVD) order would be likely to lead to the continuation or recurrence of net countervailable subsidies at the rates in the ``Final Results of Review'' section of this notice.
Board of Overseers of the Malcolm Baldrige National Quality Award
The Board of Overseers of the Malcolm Baldrige National Quality Award (Board) will meet in open session on Monday, December 9, 2013. The purpose of this meeting is to review and discuss the work of the private sector contractor, which assists the Director of the National Institute of Standards and Technology (NIST) in administering the Malcolm Baldrige National Quality Award (Award), and information received from NIST and from the Chair of the Judges' Panel of the Malcolm Baldrige National Quality Award in order to make such suggestions for the improvement of the Award process as the Board deems necessary.
Endangered and Threatened Species; Take of Anadromous Fish
Notice is hereby given that NMFS has received nine scientific research permit application requests relating to Pacific salmon, sturgeon, rockfish, and eulachon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at: https://apps.nmfs.noaa.gov/ preview/previewopenforcomment.cfm.
Renewable Energy and Energy Efficiency Advisory Committee
The Renewable Energy and Energy Efficiency Advisory Committee (RE&EEAC) will hold a meeting on December 3, 2013. The meeting is open to the public and the room is disabled-accessible. Public seating is limited and available on a first-come, first-served basis.
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination
The Department of Commerce (the Department) preliminarily determines that diffusion-annealed, nickel-plated flat-rolled steel products (certain nickel-plated, flat-rolled steel) from Japan are being, or are likely to be, sold in the United States at less than fair value, as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The estimated weighted-average dumping margins are listed in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. Pursuant to requests from interested parties, we are postponing for 60 days the final determination and extending provisional measures from a four-month period to not more than six months. Accordingly, we intend to make our final determination not later than 135 days after publication of this preliminary determination in the Federal Register.
New England and Mid-Atlantic Fishery Management Councils; Public Comment
The New England and Mid-Atlantic Fishery Management Councils seek public comment on a draft amendment to all the fishery management plans under their purview. The omnibus amendment would establish a standardized bycatch reporting methodology for each fishery management plan, as required by the Magnuson-Stevens Fishery Conservation and Management Act.
Membership of the Departmental Performance Review Board
In accordance with 5 U.S.C., 4314(c)(4), Department of Commerce (DOC) announces the appointment of persons to serve as members of the Departmental Performance Review Board (DPRB). The DPRB provides an objective peer review of the initial performance ratings, performance-based pay adjustments and bonus recommendations, higher- level review requests and other performance-related actions submitted by appointing authorities for Senior Executive Service (SES) members whom they directly supervise, and makes recommendations based upon its review. The term of the new members of the DPRB will expire December 31, 2015.
Modification of Regulations Regarding Time Limits for Submission of Information Pertaining to Requests for Sampling in Antidumping Duty Administrative Reviews
The Department of Commerce (the Department) proposes to modify its regulations to establish time limits for the submission of requests for sampling, and comments on sampling in antidumping (AD) administrative reviews. The modifications to the time limits, if adopted, will more clearly prescribe the time for filing requests for sampling in AD administrative reviews, and the time for filing comments and rebuttal comments with respect to such requests. The modifications will provide sufficient opportunity for the Department to determine whether it will employ sampling in selecting respondents for individual examination when conducting administrative reviews in which a request for sampling is timely submitted.
Endangered and Threatened Wildlife; 90-Day Finding on Petitions To List the Pinto Abalone as Threatened or Endangered Under the Endangered Species Act
We, NMFS, announce 90-day findings on two petitions received to list the pinto abalone (Haliotis kamtschatkana) as a threatened or endangered species under the Endangered Species Act (ESA) and to designate critical habitat concurrently with the listing. We find that the petitions and information in our files present 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 pertaining to this species from any interested party.
Marine Mammals; File No. 18171
Notice is hereby given that a permit has been issued to Wessley Merten, Marine Sciences Department, University of Puerto Rico, Mayag[uuml]ez Campus, PO Box 9000, Mayag[uuml]ez, PR 00682, to conduct commercial or educational photography of bottlenose dolphins (Tursiops truncatus), spinner dolphins (Stenella longirostris), striped dolphins (Stenella coeruleoalba), false killer whales (Pseudorca crassidens), and killer whales (Orcinus orca) in waters off Puerto Rico.
Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders
NMFS publishes Fraser River salmon inseason orders to regulate treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2013 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen commercial fisheries during the period the Panel exercised jurisdiction over these fisheries.
Caribbean Fishery Management Council; Public Meetings
The Caribbean Fishery Management Council (Council) and its Administrative Committee will hold meetings.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Operation, Maintenance, and Repair of the Northeast Gateway Liquefied Natural Gas Port and the Algonquin Pipeline Lateral Facilities in Massachusetts Bay
NMFS has received an application from Tetra Tech EC, Inc. (Tetra Tech), on behalf of the Northeast Gateway[supreg] Energy BridgeTM, L.P. (Northeast Gateway or NEG) and Algonquin Gas Transmission, L.L.C. (Algonquin), for authorization to take marine mammals, by harassment, incidental to operating, maintaining, and repairing a liquefied natural gas (LNG) port and the Algonquin Pipeline Lateral (Pipeline Lateral) facilities by NEG and Algonquin, in Massachusetts Bay. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to Northeast Gateway to incidentally take, by harassment, small numbers of marine mammals for a period of 1 year.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the Elliott Bay Seawall Project in Seattle, Washington
In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the City of Seattle's Department of Transportation (SDOT) for the take of nine species of marine mammals incidental to pile driving activities associated with the Elliott Bay Seawall Project (EBSP).
Travel and Tourism Trade Mission to Taiwan, Japan and Korea
The United States Department of Commerce, International Trade Administration, U.S. and Foreign Commercial Service is amending notice for the Travel and Tourism Trade Mission to Taiwan, Japan and Korea scheduled for March 10-14, 2014, published at 78 FR 34344, June 7, 2013, to notify applicants that the fee for each additional participant (SME or larger) is $700 per participant.
Atlantic Highly Migratory Species; Vessel Monitoring Systems
NMFS is modifying the reporting requirements for vessels required to use Vessel Monitoring System (VMS) units in Atlantic Highly Migratory Species (HMS) fisheries. This final rule requires vessel owners or operators, who have been issued HMS permits and are required to use VMS, to provide hourly position reports 24 hours a day, 7 days a week (24/7) via VMS. The final rule also allows the vessel owners or operators of such vessels to declare out of the HMS fishery when not fishing for or retaining HMS for a period of time encompassing two or more trips. This final action will continue to provide NOAA Office of Law Enforcement needed information on the target fishery and gear possessed in order to facilitate enforcement of closed areas and other HMS regulations, while reducing the reporting burden on vessel owners and operators. This action will also bring HMS fisheries regulations in line with VMS regulations in other fisheries. This rule affects all owners and/or operators of permitted vessels that fish for HMS and are required to use VMS.
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