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

NMFS' Office of Protected Resources has received a request from the NMFS Northeast Fisheries Science Center (NEFSC) for authorization to take small numbers of marine mammals incidental to conducting fisheries research, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the NEFSC's request under section 101(a)(5)(A) of the MMPA for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the NEFSC's application and request.

We, NMFS, announce a 12-month finding on two petitions to list the pinto abalone (Haliotis kamtschatkana) as threatened or endangered under the Endangered Species Act (ESA). We have completed a comprehensive status review of the pinto abalone in response to these petitions. Based on the best scientific and commercial information available, we have determined that the species does not warrant listing at this time. We conclude that the pinto abalone is not currently in danger of extinction throughout all or a significant portion of its range and is not likely to become so within the foreseeable future. The species will remain on the NMFS Species of Concern list, with one revision to apply the Species of Concern status throughout the species' range (Alaska to Mexico). We also announce the availability of the pinto abalone status review report.

The Mid-Atlantic Fishery Management Council (Council) is developing an Amendment to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) (called ``Measures to Protect Deep Sea Corals from Impacts of Fishing Gear'') that will address minimizing the impacts of fishing gear on deep sea corals in the Mid-Atlantic.

The Gulf of Mexico Fishery Management Council (Council) will hold a meeting of the King Mackerel Gillnet Working Group.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Herring Advisory Panel 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.

NMFS proposes regulations to implement Framework Adjustment 8 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. This action would allow the black sea bass recreational fishery to begin on May 15 of each year, instead of May 19, to provide additional fishing opportunities earlier in the year.

This document makes corrections to the Gulf of Maine cod interim regulations published in the Federal Register on November 13, 2014. This notice allows gillnet vessels to switch their designation as either a Day or Trip gillnet vessel, an opportunity that was inadvertently not provided in the original interim action. This notice also makes several corrections and clarifications, including where the Gulf of Maine cod trip limit applies, to ensure consistency with measures implemented in the interim action. In this document, we extend the expiration date of certain temporary amendments.

NMFS announces that the Pacific Fishery Management Council (Council) has submitted Amendment 14 to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) for review by the Secretary of Commerce. The purpose of Amendment 14 is to specify an estimate of maximum sustainable yield (MSY) for the northern subpopulation of northern anchovy in the CPS FMP.

The Department of Commerce (``Department'') is terminating the Agreement Suspending the Antidumping Investigation on Certain Hot- Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation (``Agreement''), rescinding the 2013-2014 administrative review of the agreement, and issuing an antidumping duty (``AD'') order on hot-rolled steel products from the Russian Federation. The Department is directing the suspension of liquidation to begin on December 19, 2014.

The Office of Trade and Economic Analysis (``OTEA'') of the International Trade Administration, Department of Commerce, has received an application for an Export Trade Certificate of Review (``Certificate''). This notice summarizes the proposed application and requests comments relevant to whether the Certificate should be issued.

NMFS issues a proposed rule that would implement Amendment 31 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (FMP). The proposed rule would make several changes to regulations governing the acquisition, use, and retention of quota share established for captains and crew, known as crew quota share or C shares, under the Crab Rationalization Program (CR Program). To implement Amendment 31, the proposed rule would: Temporarily expand the eligibility requirements for individuals wishing to acquire C share Quota Share (QS) by transfer; establish minimum participation requirements for C share QS holders to be eligible to receive an annual allocation of Individual Fishing Quota (IFQ); establish minimum participation requirements for C share QS holders to be eligible to retain their C share QS and establish an administrative process for revocation of an individual's C share QS, if he or she fails to satisfy the minimum participation requirements; establish a regulatory mechanism to ensure that three percent of the total allowable catch (TAC) for each CR Program crab fishery is allocated as IFQ to holders of C share QS; and remove the prohibition on leasing C share IFQ. In addition, the proposed rule would implement a regulatory amendment to the CR Program that adjusts certain CR Program application deadlines. Specifically, the proposed rule would: Establish an earlier deadline for filing annual IFQ, individual processing quota (IPQ), and crab harvesting cooperative IFQ applications, which would increase the amount of time during which NMFS would suspend the processing of IFQ and IPQ transfer applications; shorten the amount of time in which to appeal an initial administrative determination to withhold issuance of IFQ or IPQ; and provide in the regulations that an applicant's proof of timely filing for IFQ, IPQ, or cooperative IFQ would create a presumption of timely filing. Finally, the proposed rule would revise the reporting period and due date for CR Program registered crab receiver (RCR) Ex-vessel Volume and Value Reports. This action is necessary to ensure that individuals who hold C shares are active in the CR Program fisheries and to ensure that application deadlines provide adequate time to resolve disputes. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other applicable law.

The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain cut-to- length carbon-quality steel plate products (CTL plate) from the Republic of Korea (Korea). The period of review (POR) is February 1, 2013, through January 31, 2014. The Department preliminarily determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value or had no shipments of subject merchandise. We invite interested parties to comment on these preliminary results.

The Pacific Fishery Management Council's (Pacific Council's) Scientific and Statistical Committee (SSC) will hold an online Webinar to review new methodologies proposed for 2015 west coast groundfish stock assessments. The online SSC Webinar is open to the public.

The South Atlantic Fishery Management Council (Council) has submitted Amendment 32 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. Amendment 32 proposes actions to remove blueline tilefish from the deep-water complex; revise definitions of management thresholds for blueline tilefish; establish blueline tilefish commercial and recreational sector annual catch limits (ACLs), accountability measures (AMs), and recreational annual catch targets (ACTs); establish a blueline tilefish commercial trip limit; revise the blueline tilefish recreational bag limit; and revise the deep-water complex ACLs, AMs, and recreational ACT. The purpose of Amendment 32 is to specify ACLs and AMs for blueline tilefish to end overfishing of the stock and maintain catch levels consistent with achieving optimum yield (OY) for the blueline tilefish and deep-water complex resource.

The Economic Development Administration (``EDA'' or ``Agency''), U.S. Department of Commerce (``DOC''), is amending its regulations implementing the Public Works and Economic Development Act of 1965, as amended (``PWEDA''). These comprehensive changes are intended to reflect EDA's current practices and policies in administering its economic development assistance programs.

On September 12, 2014, the Department of Commerce (the ``Department'') published the Preliminary Results of the 2013-2014 administrative review on certain frozen warmwater shrimp (``shrimp'') from the People's Republic of China (``PRC''), covering the period of review (``POR'') from February 1, 2013, through January 31, 2014.\1\ We gave interested parties an opportunity to submit comments on the Preliminary Results, but none were received. Therefore, these final results are unchanged from the Preliminary Results, and we continue to find that Shantou Yuexing Enterprise Company (``SYEC''), and Zhanjiang Regal Integrated Marine Resources Co., Ltd. (``Regal'') did not have reviewable entries during this POR. Additionally, we continue to find that Rizhao Smart Foods Co., Ltd. (``Smart Foods'') is not eligible for a separate rate, and we will continue to treat it as part of the PRC- wide entity.

On October 6, 2014, the Department of Commerce (the Department) published in the Federal Register the preliminary results of the administrative review and new shipper review of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (the PRC).\1\ The period of review (POR) for the administrative review is September 1, 2012, through August 31, 2013, and the POR for the new shipper review is September 1, 2012 through August 31, 2013. These reviews cover two producers/exporters of subject merchandise: Xiping Opeck Food Co., Ltd. (Xiping Opeck), and Hubei Nature Agriculture Industry Co., Ltd (Hubei Nature). We invited parties to comment on the Preliminary Results. We received no comments from interested parties. Accordingly, for the final results, we continue to find that the companies covered by these reviews did not make sales of subject merchandise at less than normal value.

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.

This action revises regulations for the Pacific coast groundfish fishery with an implementation date of January 1, 2015. Final implementation of the 2015-2016 biennial harvest specifications and management measures will be delayed beyond January 1, 2015. NMFS has identified two issues that must be addressed prior to January 1, 2015, to prevent interruption of ongoing fisheries and to allow harvest of the total allowable and available groundfish. This action addresses those issues by revising groundfish regulations in two ways. First, this action reinstates a mechanism whereby NMFS can issue interim groundfish allocations at the beginning of the year in years when annual groundfish harvest specifications are not yet finalized, as is the case for January 1, 2015. Second, this action amends regulations to allow NMFS to issue that portion of the allowable catch currently allocated to an Adaptive Management Program (AMP) to quota shareholders until final criteria and a process for distribution of the AMP quota shares is developed and implemented.

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 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.