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

NMFS incorrectly published a second notice in the Federal Register on December 23, 2013, requesting comments on the proposed issuance of an Incidental Harassment Authorization (IHA) pursuant to the Marine Mammal Protection Act (MMPA). NMFS had published the first notice in the Federal Register on October 30, 2013, requesting comments from the public for 30 days. The comment period closed on November 29, 2013. The notice that should have published in the Federal Register on December 23, 2013, was the notice of issuance of an IHA.

NMFS announces that the Western Pacific Fishery Management Council proposes to amend the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region. If approved, Amendment 7 would establish a management framework and process for specifying fishing catch and effort limits and accountability measures for pelagic fisheries in the U.S. Pacific territories (American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands). The framework would authorize the government of each territory to allocate a portion of its specified catch or effort limit to a U.S. fishing vessel or vessels through a specified fishing agreement, and establish criteria, which a specified fishing agreement must satisfy. The framework also includes measures to ensure accountability for adhering to fishing catch and effort limits.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Ad Hoc SBRM Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

The Chief Financial Officer and Assistant Secretary for Administration, with the concurrence of the General Services Administration, renewed the Charter for the Advisory Committee on Supply Chain Competitiveness on November 20, 2013.

The U.S. Department of Commerce issued an Export Trade Certificate of Review to Emporia Trading LLC on December 16, 2013.

The Department of Commerce (``Department'') is rescinding the administrative review of the antidumping duty order on certain kitchen appliance shelving and racks from the People's Republic of China (``PRC'') for the period of review (``POR'') September 1, 2012, through August 31, 2013. This rescission is based on the timely withdrawal of the request for review by the only interested party that requested a review.

The National Institute of Standards and Technology (NIST) announces that the Manufacturing Extension Partnership (MEP) Advisory Board will hold an open meeting on Tuesday, January 28, 2014 from 8:30 a.m. to 5:00 p.m. Eastern Time.

NMFS is announcing the commercial summer flounder state quotas for fishing year 2014. The 2014 summer flounder specifications were established in December 2012. This notice incorporates any previously unaccounted for overages from fishing year 2012 and any known overages to date from fishing year 2013. These commercial state quotas may change as a result of a recent stock assessment and a recommendation by the Mid-Atlantic Fishery Management Council.

We have received an application from Transcontinental Gas Pipe Line Company, LLC (Transco) for an Incidental Harassment Authorization to take marine mammals, by harassment, incidental to expanding a natural gas pipeline system off the coast of New York from April 2014 through August 2014. Per the Marine Mammal Protection Act, we are requesting comments on our proposal to issue an Incidental Harassment Authorization to Transco to incidentally harass by Level B harassment only, seven species of marine mammals during pile driving and removal operations.

The workshop will be held January 14-17 at the Hilton Hotel, 500 West Third Avenue, Katmai/King Salmon, Anchorage, AK.

The Department of Commerce (United States Patent and Trademark Office) is accepting nominations for the National Medal of Technology and Innovation (NMTI). Since establishment by Congress in the Stevenson-Wydler Technology Innovation Act of 1980, the President of the United States has awarded the annual National Medal of Technology and Innovation (initially known as the National Medal of Technology) to our nation's leading innovators. If you know of a candidate who has made an outstanding contribution to the nation's economic, environmental or social well-being through the promotion of technology, technological innovation, or the development of technological manpower, you may obtain a nomination form from: https://www.uspto.gov/about/nmti/ index.jsp.

NMFS establishes funding responsibilities for an upgrade to the shrimp electronic logbook (ELB) program as described in a framework action to the Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico (Gulf) Fishery Management Council (Council). Newer and more efficient ELB units have been purchased by NMFS for the Gulf shrimp fleet and are available for installation on Gulf shrimp vessels. Therefore, NMFS establishes a cost-sharing program to fund the ELB program. NMFS will pay for the software development, data storage, effort estimation analysis, and archival activities for the new ELB units, and selected vessel permit holders in the Gulf shrimp fishery will pay for installation and maintenance of the new ELB units and for the data transmission from the ELB units to a NOAA server. The purpose of these changes is to ensure that management of the shrimp fishery is based upon the best scientific information available and that bycatch is minimized to the extent practicable.

NMFS issues this final rule to implement Amendment 27 (Amendment 27) to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (South Atlantic Council). Amendment 27 and this final rule extend the South Atlantic Council's management responsibility for 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 captains 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. The purposes of this final rule are to streamline management of Nassau grouper, improve vessel safety for dual-permitted vessels, implement consistent regulations regarding captains and crew retention limits for snapper- grouper species, expedite adjustments to snapper-grouper catch limits when new scientific information becomes available, and minimize socio- economic impacts to fishermen who harvest and sell blue runner.

The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (``PET film'') from the People's Republic of China (``PRC''). The period of review (``POR'') is November 1, 2011, through October 31, 2012. The review covers two mandatory respondents (Shaoxing Xiangyu Green Packing Co., Ltd. and Tianjin Wanhua Co., Ltd.) and three separate rate respondents. We have preliminarily found that the respondents have made sales of subject merchandise at less than normal value (``NV''). Interested parties are invited to comment on these preliminary results.

On October 3, 2013, the Department of Commerce's Internet Policy Task Force (Task Force) published a notice of public meeting and a request for public comments on five separate copyright policy issues critical to economic growth, job creation, and cultural development that were identified in the Department's Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper). The purpose of this notice is to announce an extension of the period for filing post-meeting comments.

On August 22, 2013, NMFS published a notice of public hearings for Draft Amendment 7 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (2006 Consolidated HMS FMP), which included 10 public hearings. Due to the government shut down and NMFS' inability to respond to constituents on this complex rule during that time frame and based on the comments received to date requesting an extension due to the complexity and interplay of the measures covered in the DEIS, NMFS extended the comment period for this action until January 10, 2014. To provide an additional opportunity for interested members of the public from all geographic areas to submit verbal comments, NMFS will host a public hearing conference call and webinar. In this notice, NMFS announces the date, time, and call-in information for the conference call and webinar for management measures proposed in Draft Amendment 7. On August 21, 2013, NMFS published the proposed rule for Draft Amendment 7 to the 2006 Consolidated HMS Fishery Management Plan to control bluefin incidental catch (landings and dead discards) in the pelagic longline fishery, enhance reporting in all categories, and ensure U.S. compliance with the ICCAT- recommended quota.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip (PET Film) from the United Arab Emirates (UAE). The period of review (POR) is November 1, 2011, through October 31, 2012. The review covers two producer/exporters of the subject merchandise, JBF RAK LLC (JBF) and FLEX Middle East FZE (FLEX). The Department preliminarily determines that sales of subject merchandise have been made below normal value by JBF and FLEX. Interested parties are invited to comment on these preliminary results.

The National Institute of Standards and Technology (NIST) is facilitating a meeting on January 9, 2014, from 10:00 a.m. to 3:00 p.m. Eastern time to discuss the method of sale (quantity statement) for products sold in pressurized containers using Bag on Valve (BOV) technology.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on seamless refined copper pipe and tube from Mexico.\1\ The review covers two producers/ exporters of the subject merchandise, GD Affiliates S. de R.L. de C.V. (Golden Dragon) \2\ and Nacional de Cobre, S.A. de C.V. (Nacobre). The period of review (POR) is November 1, 2011, through October 31, 2012. We have preliminarily found that sales of subject merchandise have been made at prices below normal value. Interested parties are invited to comment on these preliminary results.

The New England Fishery Management Council (Council) is scheduling a joint public meeting of its Monkfish Committee and Monkfish Advisory Panel on January 10, 2014 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.