Department of Commerce June 2014 – Federal Register Recent Federal Regulation Documents

The SEDAR 39 assessment of the HMS Smoothhound Sharks: A Data Workshop; a series of Assessment webinars; and a Review Workshop. See SUPPLEMENTARY INFORMATION.

NMFS proposes under the Tuna Conventions Act to implement a resolution of the Inter-American Tropical Tuna Commission (IATTC) intended to conserve whale sharks (Rhincodon typhus) in the Eastern Pacific Ocean (EPO). This proposed rule, if adopted, would prohibit setting a purse seine net on a whale shark, and would require certain measures to protect whale sharks in the event that a whale shark is encircled in a purse seine net. This proposed rulemaking is necessary for the United States to satisfy its obligations as a member of the IATTC.

NMFS issues regulations to implement Amendment 5 to the Fishery Management Plan for the Dolphin and Wahoo Fishery off the Atlantic States (FMP) (Amendment 5), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This rule revises the annual catch limits (ACLs) and accountability measures (AMs) for the commercial and recreational sectors of dolphin and wahoo, and updates the framework procedures for the FMP. In addition, Amendment 5 revises the acceptable biological catch (ABC) values and recreational annual catch targets (ACTs) for dolphin and wahoo. The purpose of Amendment 5 and this rule is to help achieve optimum yield (OY) within the dolphin and wahoo fishery, and to minimize any negative socio- economic impacts to the affected fishing participants, to the extent practicable, in accordance with the requirements of the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

The United States Department of Commerce's International Trade Administration is amending the FR Notice published at 79 FR 30547, May 28, 2014, regarding the 7th Annual U.S. Industry Program at the International Atomic Energy Agency (IAEA) General Conference scheduled for September 21-24, 2014, to revise the dates of the application deadline from June 14, 2014 to the new deadline of June 27, 2014.

On March 28, 2014, the United States Court of International Trade (``CIT'') issued its final judgment affirming the Department of Commerce's (``the Department'') final results of redetermination pursuant to second remand of the tenth antidumping duty administrative review of fresh garlic from the People's Republic of China.\1\ Consistent with the decision of the 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 (CAFC 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results and is amending the final results of the tenth administrative review of fresh garlic from the People's Republic of China (``PRC'') with respect to the margins assigned to Jinan Yipin Corporation (``Jinan Yipin''), Sunny Import & Export Ld. (``Sunny''), and Linshu Dading Private Agricultural Products Co., Ltd. (``Linshu Dading'') (collectively, ``Respondents'') covering the period of review (``POR'') November 1, 2003, through October 31, 2004.\2\

The Gulf of Mexico Fishery Management Council (Council) will hold meetings of the: Administrative Policy, Joint Coral/Habitat Protection, Red Drum, Advisory Panel Selection, Reef Fish, Shrimp, Data Collection, Outreach and Education and Sustainable Fisheries/Ecosystem Management Committees; and a meeting of the Full Council. The Council will also hold a formal public comment session.

In accordance with the Marine Mammal Protection Act (MMPA), notification is hereby given that NMFS has issued an IHA to the City of San Diego to take small numbers of marine mammals, by Level B harassment, incidental to construction activities at the Children's Pool Lifeguard Station in La Jolla, California.

The National Telecommunications and Information Administration (``NTIA'') is requesting comment on ``big data'' developments and how they impact the Consumer Privacy Bill of Rights.

Upon application from the U.S. Navy (Navy), Naval Air Warfare Center Weapons Division (NAWCWD), we (the National Marine Fisheries Service) are issuing regulations under the Marine Mammal Protection Act (MMPA) to govern the unintentional taking of marine mammals incidental to missile launches from San Nicolas Island (SNI) from June 2014 through June 2019. These regulations allows us to issue a Letter of Authorization (LOA) for the incidental take of marine mammals during the Navy's specified activities and timeframes, set forth the permissible methods of taking, set forth other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, and set forth requirements pertaining to the monitoring and reporting of the incidental take.

This rule amends the Export Administration Regulations (EAR) by adding twenty-six persons under thirty-one entries to the Entity List (Supplement No. 4 to Part 744). The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the destinations of China, Hong Kong, Lebanon and the United Arab Emirates (U.A.E.). There are thirty-one entries for twenty- six persons because five persons are listed under multiple countries, resulting in the additional five entries. Specifically, those five additional entries cover two persons in Lebanon who also have addresses in the U.A.E., and three persons in Hong Kong who also have addresses in China. In addition to the Entity List changes described above, this final rule updates the authority for part 730 (15 CFR part 730) because of the publication of the Notice of May 7, 2014, Continuation of the National Emergency With Respect to the Actions of the Government of Syria, which resulted in a change to the legal authority for part 730 of the EAR.

NMFS implements accountability measures (AMs) for the recreational sector for snowy grouper in the South Atlantic for the 2014 fishing year through this temporary rule. Average recreational landings from 2011-2013 exceeded the recreational annual catch limit (ACL) for snowy grouper. To account for this overage, this rule reduces the length of the 2014 recreational fishing season. Therefore, NMFS closes the recreational sector for snowy grouper on June 7, 2014. This closure is necessary to protect the snowy grouper resource.

The North Pacific Fishery Management Council has submitted Amendment 97 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). If approved, Amendment 97 would limit Chinook salmon prohibited species catch (PSC) in the Western and Central Gulf of Alaska (GOA) non-pollock trawl fisheries. This action would establish separate Chinook salmon PSC annual limits for the non-pollock trawl catcher vessel (CV) and catcher/processor (C/P) sectors and a seasonal limit for the C/P sector. The CV sector PSC limit would be further divided between vessels participating in the Central GOA Rockfish Program and vessels not participating in the Central GOA Rockfish Program. If a sector reached its seasonal or annual Chinook salmon PSC limit, NMFS would prohibit further directed fishing for non-pollock groundfish by vessels in that sector for the remainder of the season or fishing year. This proposed action would also establish salmon retention and discard requirements for vessels, shoreside processors and stationary floating processors participating in the non-pollock groundfish fisheries. The combination of these retention requirements will enable accurate reporting of salmon in eLandings at the processor. Salmon accounting at a processor may assist the industry in tracking and cooperatively managing its Chinook salmon PSC. This action is necessary to minimize the catch of Chinook salmon to the extent practicable in the Western and Central GOA non-pollock trawl fisheries. Amendment 97 is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable laws.

The New England Fishery Management Council (Council) will hold a three-day meeting, June 17 through 19, 2014, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

NMFS has determined that limited commercial and recreational fishing seasons can occur in 2014. Therefore, NMFS announces the commercial and recreational annual catch limits (ACLs) for red snapper in the South Atlantic exclusive economic zone (EEZ) for the 2014 fishing year, the opening and closing dates of the 2014 recreational fishing season, and the opening date of the 2014 commercial fishing season through this temporary rule. The 2014 commercial ACL is 50,994 lb (23,130 kg), gutted weight, and the 2014 recreational ACL is 22,576 fish. Based on NMFS projections, the recreational fishing season in 2014 will be open for three consecutive weekends, starting July 11, 2014, and consist of 3 days the first two weekends (Friday, Saturday, Sunday) and 2 days the third weekend (Friday and Saturday). The commercial fishing season in 2014 will open on July 14, 2014, and NMFS will monitor commercial harvest in-season and close the commercial sector when the commercial ACL is reached or projected to be reached by filing an in-season closure notification with the Office of the Federal Register. This temporary rule is necessary to announce the limited fishing seasons for South Atlantic red snapper to provide socio- economic benefits to snapper-grouper fishermen and communities that utilize the red snapper resource while at the same time allowing red snapper to rebuild to sustainable levels.

This final rule makes corrections and clarifications to the Export Administration Regulations (EAR) for six final rules published in 2013 and early 2014. This final rule also makes other needed technical corrections and clarifications to the EAR identified by BIS. In addition, this final rule makes two conforming changes to the EAR as a result of a final rule published by the Department of State on April 17, 2014.

On May 20, 2014, the United States Court of International Trade (``CIT'') sustained the Department of Commerce's (``the Department'') final results of redetermination pursuant to remand of the 2009-2010 antidumping duty administrative review of certain frozen warmwater shrimp from the People's Republic of China (``Remand Redetermination'').\1\ 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 (CAFC 2010) (``Diamond Sawblades''), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's final results and is amending the final results of the administrative review of certain frozen warmwater shrimp from the People's Republic of China (``PRC'') with respect to the margin assigned to Hilltop International (``Hilltop'') covering the period of review (``POR'') February 1, 2009, through January 31, 2010.\2\

On April 17, 2014, the Department of Commerce (``Department'') published its Preliminary Results of a changed circumstances review (``CCR'') of the antidumping duty order on certain new pneumatic off- the road (``OTR'') tires from the People's Republic of China (``PRC'').\1\ The Department preliminarily determined that Shandong Linglong Tyre Co., Ltd. (``Shandong Linglong'') is the successor-in- interest to Zhaoyuan Leo Rubber Co., Ltd. (``Leo Rubber'') and invited parties to comment on the Preliminary Results. As no parties submitted subsequent comment, the Department is making no changes to the Preliminary Results.

On February 10, 2014, the Department of Commerce (the Department) issued the preliminary results of the first full five-year (sunset) review of the antidumping duty (AD) order on lightweight thermal paper from Germany.\1\ We received comments from interested parties on our Preliminary Results. As a result of our analysis, the Department finds that revocation of the AD order would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Sunset Review'' section of this notice.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce is announcing a thirty day public comment period for the Waquoit Bay, Massachusetts National Estuarine Research Reserve Management Plan revision. The Waquoit Bay Reserve revised plan will replace the plan approved in 2006. The revised management plan outlines the administrative structure; the research & monitoring, education, training, and stewardship goals of the reserve; and the plans for future land acquisition and facility development to support reserve operations. The revised management plan will serve as the guiding document for the 2,804 acre Waquoit Bay Reserve for the next five years.

The President's Export Council will hold a meeting to deliberate on recommendations related to promoting the expansion of U.S. exports. Topics may include: Trade promotion authority; localization barriers to trade; reauthorization of the Export-Import Bank of the United States; trade facilitation; access to capital; technology-enabled small business exporters; innovation; the National Travel and Tourism Strategy; and the National Export Initiative. The final agenda will be posted at least one week in advance of the meeting on the President's Export Council Web site at https://trade.gov/pec.

NMFS has received an application from Glacier Bay National Park (Glacier Bay NP) to take marine mammals, by harassment incidental to conducting seabird research from July through September, 2014. The proposed dates for this action would be July 22, 2014 through September 30, 2014. Per the Marine Mammal Protection Act, we are requesting comments on our proposal to issue an Authorization to the Glacier Bay NP to incidentally take, by Level B harassment only, one species of marine mammals during the specified activity.

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.

The North Pacific Fishery Management Council (Council) has submitted Amendment 106 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to the Secretary of Commerce (Secretary) for review. Amendment 106 to the FMP would allow the owner of an AFA vessel to rebuild or replace that vessel and would allow the owners of AFA catcher vessels that are inactive or obsolete to remove those vessels from the AFA fishery. This action is necessary to bring the FMP into conformity with the AFA as amended by the Coast Guard Authorization Act of 2010 (Coast Guard Act), and to improve vessel safety and operational efficiency in the AFA fleet. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the AFA, the FMP, and other applicable laws.