Department of Commerce July 2014 – Federal Register Recent Federal Regulation Documents
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Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a meeting of the Reef Fish Advisory Panel.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Pacific Council) Highly Migratory Species Management Team (HMSMT) will hold a webinar, which is open to the public.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council's (Council) Risk Policy Working Group will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Capacity Limits in Purse Seine and Longline Fisheries
NMFS announces that persons who bring a U.S. purse seine or longline vessel into the fisheries in the western and central Pacific Ocean (WCPO) after July 11, 2014 (``control date''), or who, after the control date, expand the carrying capacity or well volume of a purse seine vessel already in the fishery, are not guaranteed the future participation of that vessel in the fishery if NMFS decides to limit the number of fishing vessels in the fishery or, with respect to purse seine vessels, the fishing capacity of the fleet or of vessels in the fleet in terms of carrying capacity or well volume. Furthermore, with respect to purse seine vessels, even if the future participation of such a vessel is allowed, the vessel's future allowable level of fishing effort and/or catch might be limited if NMFS decides to limit vessels' individual or collective allowable levels of fishing effort or catch. NMFS is considering the need to undertake such actions to implement provisions of a conservation and management measure adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission).
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To Identify the Central North Pacific Population of Humpback Whale as a Distinct Population Segment (DPS) and Delist the DPS Under the Endangered Species Act; Extension of Public Comment Period
We, NMFS, announce the extension of the public comment period on our June 26, 2014, 90-day finding on a petition to designate the Central North Pacific population of humpback whale (Megaptera novaeangliae) as a Distinct Population Segment (DPS) and delist the DPS under the Endangered Species Act (ESA). As part of that finding, we solicited scientific and commercial information about the status of this population and announced a 30-day comment period to end on July 28, 2014. Today, we extend the public comment period to August 27, 2014. Comments previously submitted need not be resubmitted, as they will be fully considered in the agency's final determination.
Changes To Facilitate Applicant's Authorization of Access to Unpublished U.S. Patent Applications by Foreign Intellectual Property Offices
The electronic sharing of information and documents between intellectual property (IP) offices is critical for increasing the efficiency and quality of patent examination worldwide. Current examples of this sharing include the priority document exchange (PDX) program and the program by which U.S. search results are delivered to the European Patent Office (EPO). In support of electronic file sharing, the United States Patent and Trademark Office (Office) is proposing to amend its rules of practice to include a specific provision by which an applicant can authorize the Office to give a foreign IP office access to all or part of the file contents of an unpublished U.S. patent application in order to satisfy a requirement for information imposed on a counterpart application filed with the foreign intellectual property office. Currently, for unpublished U.S. patent applications, applicants follow one regulatory provision to provide the Office with authorization for a foreign IP office to access an application-as-filed via a PDX program and follow another regulatory provision to provide the Office with authorization to share the file contents with a foreign IP office. The proposed changes to the rules will consolidate the specific provisions of the regulations by which applicants give the Office authority to provide a foreign IP office with access to an application in order to satisfy a requirement for information of the foreign IP office. Additionally, along with changes to the application data sheet (ADS) form, the proposed rule changes will simplify the process for how applicants provide the Office with the required authorization, thereby reducing the resources applicants must expend to comply with these foreign IP office requirements, and enhance the quality of patent examination.
Science Advisory Board Meeting
The 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. 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.
Atlantic Highly Migratory Species Management-Based Research Needs and Priorities Document
NMFS announces the availability of the Atlantic Highly Migratory Species (HMS) Management-Based Research Needs and Priorities document. The purpose of this document is to communicate key research needs that directly support Atlantic HMS management. Atlantic HMS are defined as bluefin, bigeye, albacore, yellowfin, and skipjack tunas, swordfish, billfish (blue marlin, white marlin, roundscale spearfish, longbill spearfish, and sailfish), and sharks.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to San Nicolas Island Roads and Airfield Repairs Project
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Department of the Navy (Navy), Naval Base Ventura County (NBVC), California, to take marine mammals, by harassment, incidental to the San Nicolas Island (SNI) roads and airfield repairs project.
Emerging Technology and Research Advisory Committee (ETRAC); Notice of Recruitment of Private-Sector Members
The Bureau of Industry and Security (BIS) is announcing a recruitment for new candidates to serve on the Emerging Technology and Research Advisory Committee (ETRAC) to advise the Department and other agency officials on: (a) The identification of emerging technologies and research and development activities that may be of interest from a BIS perspective; (b) the potential impact of Export Administration Regulations (EAR) on research activities; (c) technical and policy issues relating to controls under the EAR as a result of the Export Control Reform Initiative; (d) revisions of the Control List, including proposed revisions of multilateral controls in which the United States participates; (e) the issuance of regulations and (f) any other matters relating to actions designed to carry out the policy set forth in Section 3(2)(A) of the Export Administration Act. The ETRAC will consist of experts drawn equally from academia, federal laboratories, and industry to ensure a comprehensive discussion of emerging technologies and research and development activities and their implications with regard to national and economic security. ETRAC members are appointed by the Secretary of Commerce and serve terms of not more than four consecutive years. The membership reflects the Department's commitment to attaining balance and diversity. ETRAC members must obtain secret-level clearance prior to appointment. These clearances are necessary so that members may be permitted access to the classified information needed to formulate recommendations to the Department of Commerce. The ETRAC will also reach out to other government and non-government experts to ensure a broad and thorough review of the issues. The ETRAC meets approximately four times per year. Members of the Committee will not be compensated for their services. To respond to this recruitment notice, please send a copy of your resume to Ms. Yvette Springer at Yvette.springer@bis.doc.gov. Deadline: This Notice of Recruitment will be open for one year from its date of publication in the Federal Register.
Takes of Marine Mammals Incidental To Specified Activities; Taking Marine Mammals Incidental to Marine Seismic Survey in the Beaufort Sea, Alaska
NMFS has received an application from SAExploration, Inc. (SAE) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to a marine 3-dimensional (3D) ocean bottom node (OBN) seismic surveys program in the state and federal waters of the Beaufort Sea, Alaska, during the open-water season of 2014. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to SAE to incidentally take, by Level B Harassment only, marine mammals during the specified activity.
Endangered and Threatened Species: Critical Habitat for the Northwest Atlantic Ocean Loggerhead Sea Turtle Distinct Population Segment (DPS) and Determination Regarding Critical Habitat for the North Pacific Ocean Loggerhead DPS
We, the National Marine Fisheries Service (NMFS), issue a final rule to designate critical habitat for the Northwest Atlantic Ocean Distinct Population Segment (DPS) of the loggerhead sea turtle (Caretta caretta) within the Atlantic Ocean and the Gulf of Mexico pursuant to the Endangered Species Act of 1973, as amended (ESA). Specific areas for designation include 38 occupied marine areas within the range of the Northwest Atlantic Ocean DPS. These areas contain one or a combination of habitat types: Nearshore reproductive habitat, winter area, breeding areas, constricted migratory corridors, and/or Sargassum habitat. The U.S. Fish and Wildlife Service (USFWS) is issuing a final rule for loggerhead critical habitat for terrestrial areas (nesting beaches) in a separate document. No marine areas meeting the definition of critical habitat were identified within the jurisdiction of the United States for the North Pacific Ocean DPS, and therefore we are not designating critical habitat for that DPS.
Request for Comments on Optimum First Action and Total Patent Pendency
The United States Patent and Trademark Office (USPTO) is seeking public input on optimal patent first action and total pendency target levels. The current targets of ten month average first action pendency and twenty month average total pendency were established with stakeholder input in the previous USPTO 2010-2015 Strategic Plan. In the USPTO 2014-2018 Strategic Plan, the USPTO included an initiative to ``work with stakeholders to refine long-term pendency goals, while considering requirements of the IP community''. The USPTO recognizes the importance of continually refining and defining optimal pendency to take into consideration the external environment affecting workload inputs, the commitments made to the fee paying public, and the need to ensure a balance between workload, production capacity, and requirements of the Intellectual Property (IP) community. As a first step in beginning that initiative, the USPTO is seeking public input about IP community's suggestions for optimal patent first action and total pendency target levels.
Carbon and Certain Alloy Steel Wire Rod From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination
The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of carbon and certain alloy steel wire rod (steel wire rod) from the People's Republic of China (PRC). The period of investigation is January 1, 2013, through December 31, 2013. Interested parties are invited to comment on this preliminary determination.
Snapper-Grouper Fishery of the South Atlantic; 2014 Commercial Accountability Measure and Closure for the South Atlantic Lesser Amberjack, Almaco Jack, and Banded Rudderfish Complex
NMFS implements accountability measures (AMs) for the commercial sector for the lesser amberjack, almaco jack, and banded rudderfish complex in the South Atlantic for the 2014 fishing year through this temporary rule. Commercial landings for the lesser amberjack, almaco jack, and banded rudderfish complex, as estimated by the Science and Research Director (SRD), are projected to reach their combined commercial annual catch limit (ACL) on July 15, 2014. Therefore, NMFS closes the commercial sector for this complex on July 15, 2014, through the remainder of the fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources.
Corporation for Travel Promotion (dba Brand USA)
The Department of Commerce is currently seeking applications from travel and tourism leaders from specific industries for membership on the Board of Directors (Board) of the Corporation for Travel Promotion (dba Brand USA). The purpose of the Board is to guide the Corporation for Travel Promotion on matters relating to the promotion of the United States and communication of travel facilitation issues, among other tasks.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2014 Commercial Accountability Measure and Closure for Deep-Water Complex in the South Atlantic Region
NMFS implements accountability measures (AMs) for the commercial deep-water complex in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for the deep-water complex, as estimated by the Science and Research Director, are projected to reach the commercial annual catch limit (ACL) on July 10, 2014. Therefore, NMFS is closing the commercial sector for the deep-water complex in the South Atlantic EEZ on July 10, 2014, and it will remain closed until the start of the next fishing season, January 1, 2015. This closure is necessary to protect the deep-water complex resource.
Fisheries of the South Atlantic; Southeast Data, Assessment and Review (SEDAR); Public Meeting
The SEDAR 41 assessments of the South Atlantic stocks of red snapper and gray triggerfish will consist of: A Data Workshop; an Assessment Workshop; and a Review Workshop. See SUPPLEMENTARY INFORMATION.
Takes of Marine Mammals Incidental To Specified Activities; Marine Geophysical Survey in the Northwest Atlantic Ocean Offshore New Jersey, July to August 2014
In accordance with the Marine Mammal Protection Act (MMPA) implementing regulations, we hereby give notice that we have issued an Incidental Harassment Authorization (Authorization) to Lamont-Doherty Earth Observatory (Observatory), a component of Columbia University, in collaboration with the National Science Foundation (Foundation), to take marine mammals, by harassment, incidental to conducting a marine geophysical (seismic) survey in the northwest Atlantic Ocean off the New Jersey coast July through August, 2014.
National Conference on Weights and Measures 99th Annual Meeting
The 99th Annual Meeting of the National Conference on Weights and Measures (NCWM) will be held in Detroit, Michigan, from Sunday, July 13, 2014, to Thursday, July 17, 2014. This notice contains information about significant items on the NCWM Committee agendas, but does not include all agenda items. As a result, the items are not consecutively numbered.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery
Based on request from the U.S. Food and Drug Administration, NMFS proposes to lift the closure area referred to as the Northern Temporary Paralytic Shellfish Poisoning Closed Area for bivalve harvesting. NMFS takes this action because this area has not been subject to a toxic algal bloom for several years and testing of bivalve shellfish has demonstrated toxin levels well below those known to cause human illness. In addition, the U.S. Food and Drug Administration has developed an agreement with the Commonwealth of Massachusetts to conduct paralytic shellfish poisoning monitoring of bivalves from the area in accordance with currently accepted paralytic shellfish poisoning testing procedures.
Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2014
NMFS is implementing management measures for the 2014 summer flounder, scup, and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources.
Marine Mammals; File No. 17754
Notice is hereby given that a public display permit has been issued to Sea World, Inc., 9205 South Park Circle, Suite 400, Orlando, FL 32819.
Gulf of Mexico Fishery Management Council (Council); Public Meetings
The Gulf of Mexico Fishery Management Council (GMFMC) and the South Atlantic Fishery Management Council (SAFMC) will hold a meeting of its Joint Council Committee on South Florida Management Issues and the Ad Hoc Goliath Grouper Joint Council Steering Committee in Key Largo, FL.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Whiting Committee 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.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council's (MAFMC) Bluefish Monitoring Committee and Summer Flounder, Scup, and Black Sea Bass Monitoring Committee will hold public meetings.
Atlantic Highly Migratory Species; 2014 Atlantic Bluefin Tuna Quota Specifications
NMFS establishes 2014 quota specifications for the Atlantic bluefin tuna (BFT) fishery. This action is necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Polyvinyl Alcohol From Japan, the Republic of Korea, and the People's Republic of China: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
On June 5, 2008, the Department of Commerce (the Department) initiated sunset reviews of the antidumping duty orders on polyvinyl alcohol (PVA) from Japan, the Republic of Korea (Korea), and the People's Republic of China (PRC) pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). The Department has conducted expedited (120-day) sunset reviews for these orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the Department finds that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping as indicated in the ``Final Results of Review'' section of this notice.\1\
Endangered and Threatened Wildlife and Plants; Threatened and Endangered Status for Distinct Population Segments of Scalloped Hammerhead Sharks
In response to a petition submitted by WildEarth Guardians and Friends of Animals, we, NMFS, are issuing a final determination to list the Central and Southwest (SW) Atlantic Distinct Population Segment (DPS) and the Indo-West Pacific DPS of scalloped hammerhead shark (Sphyrna lewini) as threatened species under the Endangered Species Act (ESA). We are also issuing a final determination to list the Eastern Atlantic DPS and Eastern Pacific DPS of scalloped hammerhead sharks as endangered species under the ESA. We intend to consider critical habitat for the Central & SW Atlantic, Indo-West Pacific, and Eastern Pacific DPSs in a separate rulemaking.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Exempted Fishing Permit
NMFS announces the receipt of an application for an exempted fishing permit (EFP) from the Alabama Charter Fishing Association cooperative (ACFAC). The ACFAC proposes to evaluate the efficacy of an allocation-based management system, using a limited number of charter vessels in a 2-year pilot study. This study, to be conducted in the exclusive economic zone of the Gulf of Mexico (Gulf), is intended to assess whether such a system can better achieve conservation goals established in the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico; evaluate the effectiveness of a more timely electronic data reporting system; and evaluate the potential social and economic benefits of an alternative management strategy for the charter vessel segment of the recreational fishing sector within the Gulf reef fish fishery.
Carbon and Certain Alloy Steel Wire Rod From Ukraine: Revocation of Antidumping Duty Order
As a result of the determination by the International Trade Commission (the ``ITC'') that revocation of the antidumping duty (``AD'') order on carbon and certain alloy steel wire rod (``wire rod'') from Ukraine would not be likely to lead to the continuation or recurrence of material injury to an industry in the United States, the Department of Commerce (the ``Department'') is revoking the AD order.
Certain Lined Paper Products From India: Notice of Initiation and Preliminary Results of Countervailing Duty Changed Circumstances Review
In response to a request from Navneet Education Limited (Navneet Education), a producer/exporter of certain lined paper products (CLPP) from India, and pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216, the Department is initiating a changed circumstances review (CCR) of the countervailing duty (CVD) order on CLPP from India with regard to Navneet Education. Based on the information received, we further preliminarily determine that Navneet Education is the successor-in- interest to Navneet Publications (India) Ltd. (Navneet) and should be accorded the same treatment previously given to Navneet with respect to the CVD order on CLPP from India. Interested parties are invited to comment on these preliminary results.
Carbon and Certain Alloy Steel Wire Rod From Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago: Continuation of Antidumping and Countervailing Duty Orders
The Department of Commerce (the ``Department'') determined that revocation of the antidumping duty (``AD'') orders on carbon and certain alloy steel wire rod (``wire rod'') from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago would likely lead to continuation or recurrence of dumping, and that revocation of the countervailing duty (``CVD'') order on wire rod from Brazil would likely lead to continuation or recurrence of a countervailable subsidy. The U.S. International Trade Commission (the ``USITC'') also determined that revocation of these AD and CVD orders would likely lead to a continuation or recurrence of material injury to an industry in the United States. The Department is publishing this notice of the continuation of these AD and CVD orders.
Fisheries of the Exclusive Economic Zone Off Alaska; Dusky Rockfish in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for dusky rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2014 total allowable catch of dusky rockfish in the Western Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for northern rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2014 total allowable catch of northern rockfish in the Western Regulatory Area of the GOA.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Western Regulatory Area of the Gulf of Alaska
NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2014 total allowable catch of Pacific ocean perch in the Western Regulatory Area of the GOA.
Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2011-2012
On December 26, 2013, the Department of Commerce (the Department) published its Preliminary Results of the 2011-2012 administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from the People's Republic of China (PRC).\1\ The period of review (POR) is November 1, 2011, through October 31, 2012. This review covers six producers/exporters of subject merchandise: (1) Shaoxing Xiangyu Green Packing Co. Ltd. (``Green Packing''); (2) Tianjin Wanhua Co., Ltd. (``Wanhua''); (3) Fuwei Films (Shandong) Co. Ltd. (``Fuwei Films''); (4) Sichuan Dongfang Insulating Material Co., Ltd. (``Dong Fang''); and (5) DuPont Teijin Films China Limited, DuPont Hongji Films Foshan Co., Ltd., and DuPont Teijin Hongji Films Ningbo Co., Ltd (``collectively the ``DuPont Group''). Green Packing and Wanhua are the selected mandatory respondents. We invited interested parties to comment on our Preliminary Results. Based on our analysis of the comments received, we made certain changes to our margin calculations for Green Packing. The final dumping margins for this review are listed in the ``Final Results'' section below.
Silicon Metal From the Russian Federation: Continuation of Antidumping Duty Order
As a result of the determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC) that revocation of the antidumping duty order on silicon metal from the Russian Federation (Russia), 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 for this antidumping duty order.
Non-Oriented Electrical Steel From the People's Republic of China, Germany, Japan, and Sweden: Postponement of Final Determinations of Sales at Less Than Fair Value
The Department of Commerce (``the Department'') is postponing the deadline for issuing the final determinations in the less-than- fair-value (``LTFV'') investigations of non-oriented electrical steel from the People's Republic of China (``the PRC''), Germany, Japan, and Sweden and is extending the provisional measures from a four-month period to a period not more than six months in duration.
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Amended Final Results of Antidumping Duty Administrative Review; 2011-2012
The Department of Commerce (``the Department'') is amending the final results of the ninth administrative review on certain frozen fish fillets (``fish fillets'') from the Socialist Republic of Vietnam (``Vietnam'') to correct certain ministerial errors.\1\ The period of review (``POR'') is August 1, 2011, through July 31, 2012.
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