Department of Commerce 2014 – Federal Register Recent Federal Regulation Documents
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Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Management Area; American Fisheries Act; Amendment 106
NMFS adopts a final rule to implement Amendment 106 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP). Amendment 106 is necessary to bring the BSAI FMP into conformity with the amendments to the American Fisheries Act (AFA) in the Coast Guard Authorization Act of 2010 (Coast Guard Act). This rule allows the owner of an AFA vessel to rebuild or replace an AFA vessel without any limitation on the length, weight, or horsepower of the rebuilt or replacement vessel when the rebuilt or replacement vessel is operating in the Bering Sea and Aleutian Islands Management Area (BSAI). This rule also allows the owner of an AFA catcher vessel in an inshore cooperative to remove the vessel from the cooperative and assign the Bering Sea pollock catch history of the removed vessel to one or more vessels in the cooperative. This action is also intended to improve vessel safety and operational efficiency in the AFA fleet by allowing the rebuilding or replacement of AFA vessels with safer and more efficient vessels and by allowing the removal of inactive catcher vessels from the AFA fishery. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the AFA, the BSAI FMP, and other applicable laws.
Certain Frozen Warmwater Shrimp From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014
The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order 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. We invite interested parties to comment on these preliminary results.
Foreign Trade Regulations (FTR): Reinstatement of Exemptions Related to Temporary Exports, Carnets, and Shipments Under a Temporary Import Bond
The Bureau of the Census (Census Bureau) issues this interim final rule to amend its regulations to eliminate the reporting requirement for temporary exports, which includes carnets, and goods previously imported on a Temporary Importation Under Bond (TIB). In the Final Rule published in the Federal Register on March 14, 2013, the Census Bureau removed the exemptions for temporary exports, which includes carnets and goods imported under a TIB. This amendment reinstates exemptions for temporary exports/carnets and for goods that were imported under a TIB for return in the same condition as when imported. As a result, these types of shipments are exempt from filing, except as noted in the Foreign Trade Regulations (FTR).
Gulf of Mexico Fishery Management Council; Public Meetings
The Gulf of Mexico Fishery Management Council (Council) will hold a meeting of the Standing and Special Reef Fish Scientific and Statistical Committee (SSC).
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
NMFS is reallocating the projected unused amounts of the Aleut Corporation's pollock directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2014 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Extension of the 2014 Gulf of Mexico Recreational Red Grouper Season
NMFS extends the recreational fishing season for the red grouper component of the reef fish fishery in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2014 fishing year through this temporary rule. On April 30, 2014, NMFS published a temporary rule to implement accountability measures and a closure for the recreational sector for red grouper. That temporary rule reduced the red grouper bag limit in the Gulf EEZ to three fish (within the current four-fish grouper aggregate bag limit) and announced a recreational fishing season closure date of September 16, 2014, based on a recreational annual catch limit (ACL) overage in 2013 and the reduced bag limit. However, using updated landings information from 2014, NMFS has determined that the recreational fishing season for red grouper may be extended for an additional 18 days. The purpose of this action is to provide fishermen the opportunity to harvest the recreational annual catch target (ACT) for Gulf red grouper, and the opportunity to achieve the optimum yield for the fishery, thus enhancing social and economic benefits to the fishery.
The Federal Communications Commission and National Telecommunications and Information Administration: Coordination Procedures in the 1695-1710 MHz and 1755-1780 MHz Bands
The Federal Communications Commission's (FCC) Wireless Telecommunications Bureau (WTB) and the National Telecommunications and Information Administration (NTIA) issue this joint public notice to provide information about Federal/non-Federal coordination in the AWS-3 bands in which Federal incumbents have spectrum assignments. We jointly refine certain AWS-3 Protection Zones, reducing them from nationwide scope to more specific geographic areas. We provide information and guidance on the overall coordination process, as contemplated by the AWS-3 R&O, including informal pre-coordination discussions and the formal process of submitting coordination requests and receiving results from relevant agencies. Also, we provide refined Protection Zones for AWS-3 licenses for which proximity to certain Federal satellite uplink stations could potentially cause harmful interference into AWS-3 licensee base stations along with a streamlined option for satisfying this coordination requirement.
Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2012-2013
On March 10, 2014, the Department of Commerce (the Department) published the preliminary results of the 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). For these final results, we continue to find that subject merchandise has been sold at less than normal value.
Polyester Staple Fiber From Taiwan: Final Results of Antidumping Duty Administrative Review; 2012-2013
On June 13, 2014, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on polyester staple fiber (PSF) from Taiwan.\1\ For these final results, we continue to find that Far Eastern New Century Corporation (FENC) has not sold subject merchandise at less than normal value, and that Nan Ya Plastics Corporation (Nan Ya) had no shipments during the period of review (POR).
President's Advisory Council on Doing Business in Africa
The Department of Commerce, as directed by the President in Executive Order No. 13675 Establishing the President's Advisory Council on Doing Business in Africa of August 5, 2014, has recently established the President's Advisory Council (Advisory Council) on Doing Business in Africa and is seeking applications for membership. The purpose of the Advisory Council is to advise the President through Secretary of Commerce on strengthening commercial engagement between the United States and Africa, with a focus on advancing the President's Doing Business in Africa Campaign as described in the U.S. Strategy Toward Sub-Saharan Africa of June 14, 2012.
Atlantic Highly Migratory Species; Transshipment, Port Inspection, and Vessel Identification
NMFS proposes to revise the regulations governing transshipment and international port inspection for vessels with Atlantic highly migratory species (HMS) permits to implement recommendations adopted at recent meetings of the International Commission for the Conservation of Atlantic Tunas (ICCAT). The proposed rule would expand the current prohibition on transfer at sea to include any tuna, tuna-like species, or other Atlantic HMS both at sea and in port inside the Atlantic Ocean, and also prohibit the transfer of Atlantic HMS by U.S. vessels outside of the Atlantic Ocean and its surrounding seas. However, tuna purse seine vessels would still be allowed to transfer Atlantic bluefin tuna from the catcher vessel to the receiving vessel in certain limited circumstances. Additionally, the proposed rule would revise current regulations for U.S.-permitted vessels landing tuna, tuna-like species, or other HMS in foreign ports or making port calls in foreign ports to update information and reporting procedures. NMFS is also notifying vessels with HMS permits of a proposed requirement that they provide an International Maritime Organization (IMO)/Lloyd's Registry (LR) number on their permit application by no later than January 1, 2016. The purpose of this proposed rule is to ensure U.S. compliance with ICCAT recommendations and to facilitate implementation of international monitoring, control, and surveillance measures for Atlantic HMS.
Atlantic Highly Migratory Species; 2015 Atlantic Shark Commercial Fishing Season
This proposed rule would establish opening dates and adjust quotas for the 2015 fishing season for the Atlantic commercial shark fisheries. Quotas would be adjusted as allowable based on any over- and/or underharvests experienced during 2014 and previous fishing seasons. In addition, NMFS proposes season openings based on adaptive management measures to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council's Spiny Dogfish Advisory Panel will meet to develop comments relative to the 2015 spiny dogfish fishing year. Comments will be reviewed by the Spiny Dogfish Monitoring Committee and the Council in their consideration of alternative management measures for the 2015 fishing year.
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council's Spiny Dogfish Monitoring Committee will meet to consider developing alternative management measures for the 2015 fishing year based on existing or revised acceptable biological catch (ABC) as determined by the Council's Scientific and Statistical Committee (SSC).
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Bluecrest Alaska Operating LLC Drilling Activities in Lower Cook Inlet, 2015
NMFS has received an application from Bluecrest Alaska Operating, LLC (Bluecrest) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting an offshore exploratory drilling program in lower Cook Inlet, AK, during the 2015 open water season. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to Bluecrest to incidentally take, by Level B harassment only, marine mammals during the specified activity.
Certain Oil Country Tubular Goods From India and the Republic of Turkey: Countervailing Duty Orders and Amended Affirmative Final Countervailing Duty Determination for India
Based on the amended affirmative final determination with respect to India and the affirmative final determination with respect to the Republic of Turkey (``Turkey'') by the Department of Commerce (the ``Department'') and the International Trade Commission (``ITC''), the Department is issuing countervailing duty orders on certain oil country tubular goods (``OCTG'') from India and Turkey. The Department is amending its final determination with respect to India to correct certain ministerial errors as explained below.
Certain Oil Country Tubular Goods From India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value
Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing antidumping duty (AD) orders on certain oil country tubular goods (OCTG) from India, the Republic of Korea (Korea), Taiwan, the Republic of Turkey (Turkey), and the Socialist Republic of Vietnam (Vietnam). In addition, the Department is amending its final determination of sales at less than fair value (LTFV) from Vietnam as a result of ministerial errors.
International Fisheries; Pacific Tuna Fisheries; 2014 Commercial Fishing for Pacific Bluefin Tuna Closed in the Eastern Pacific Ocean
NMFS is closing commercial fishing for Pacific bluefin tuna in the eastern Pacific Ocean (EPO) because the catch limit is expected to be reached by the effective date of this action. This action is necessary per the intentions of the final rule (May 16, 2014), that implements the Inter-American Tropical Tuna Commission Resolution C-13- 02 on conservation and management measures for Pacific bluefin tuna in the EPO.
U.S. Integrated Ocean Observing System (IOOS®) Advisory Committee
Notice is hereby given of a meeting of the U. S. Integrated Ocean Observing System (IOOS[supreg]) Advisory Committee (Committee) in Duluth, MN. Dates and Times: The meeting will be held on Thursday, October 2, 2014, from 8:30 a.m. to 4:15 p.m. and on Friday, October 3, 2014, from 8:30 a.m.-3:00 p.m. These times and the agenda topics described below are subject to change. Refer to the Web page listed below for the most up-to-date meeting agenda.
Manufacturing Council
The Department of Commerce announces the renewal of the Manufacturing Council (Council) and is currently seeking applications for appointment of up to 30 members of the Council for a two-year term to begin in December 2014. The purpose of the Council is to advise the Secretary of Commerce on matters relating to the U.S. manufacturing sector and to provide regular communication between Government and the manufacturing sector. The Industry and Analysis unit of the International Trade Administration oversees the administration of the Council and collaborates with Congress and other stakeholders to increase the global competitiveness of the U.S. manufacturing sector.
Export Trade Certificate of Review
The Secretary of Commerce, through the International Trade Administration, Office of Trade and Economic Analysis (OTEA), issued an amended Export Trade Certificate of Review (``Certificate'') to Northwest Fruit Exporters on August 22, 2014. The previous amendment was issued on August 13, 2013 (78 FR 53727).
Endangered and Threatened Wildlife and Plants: Final Listing Determinations on Proposal To List 66 Reef-Building Coral Species and To Reclassify Elkhorn and Staghorn Corals
We, the National Marine Fisheries Service (NMFS), are publishing this final rule to implement our final determination to list the following 20 species as threatened: five in the Caribbean (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, and Mycetophyllia ferox); and 15 in the Indo-Pacific (Acropora globiceps, Acropora jacquelineae, Acropora lokani, Acropora pharaonis, Acropora retusa, Acropora rudis, Acropora speciosa, Acropora tenella, Anacropora spinosa, Euphyllia paradivisa, Isopora crateriformis, Montipora australiensis, Pavona diffluens, Porites napopora, and Seriatopora aculeata) under the Endangered Species Act (ESA) of 1973, as amended. The two species currently listed as threatened (Acropora cervicornis and Acropora palmata) in the Caribbean still warrant listing as threatened. We also determined that a total of 43 proposed species do not warrant listing as endangered or threatened species, and three proposed species are not determinable under the ESA. We have reviewed the status of the species and efforts being made to protect the species, and public comments received on the proposed rule, and we have made our determinations based on the best scientific and commercial data available. We also solicit information that may be relevant to the designation of critical habitat for the 20 species newly listed under this final rule.
Sanctuary System Business Advisory Council: Public Meeting
Notice is hereby given of a meeting of the Sanctuary System Business Advisory Council (Council). The meeting is open to the public, and participants may provide comments at the appropriate time during the meeting.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; Seabird Avoidance Measures
This proposed rule would implement a Seabird Avoidance Program in the Pacific Coast Groundfish Fishery. The proposed rule was recommended by the Pacific Fishery Management Council (Council) in November 2013 and is specifically designed to minimize the take of ESA- listed short-tailed albatross (Phoebastria albatrus). A 2012 U.S. Fish and Wildlife Service Biological Opinion required NMFS to initiate implementation of regulations within 2 years mandating the use of seabird avoidance measures by vessels greater than or equal to 55 feet length overall (LOA) using bottom longline gear to harvest groundfish. The seabird avoidance measures, including streamer lines that deter birds from ingesting baited hooks, are modeled after a similar regulatory program in effect for the Alaskan groundfish fishery.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction of the Block Island Wind Farm
In accordance with regulations implementing the Marine Mammal Protection Act (MMPA), notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to Deepwater Wind Block Island, LLC (DWBI) to take marine mammals, by harassment, incidental to construction of the Block Island Wind Farm.
Endangered and Threatened Species; Designation of Critical Habitat for Steller Sea Lions; Public Meetings
Notice is hereby given of a change in a public meeting that NMFS will host to elicit scientific information related to the designation of Steller sea lion critical habitat under the Endangered Species Act (ESA). To accommodate participation by individuals who cannot attend the meeting in person, NMFS will make the meeting available via a webinar. NMFS will also host a second public meeting to elicit scientific information related to the designation of Steller sea lion critical habitat and will accept written submissions of relevant scientific information.
Notice of Termination of Selected National Voluntary Conformity Assessment Systems Evaluation Program Services
The National Institute of Standards and Technology (NIST) announces the termination of the Organic Production and Processing sub- program offered by NIST's National Voluntary Conformity Assessment Systems Evaluation (NVCASE) program, effective January 1, 2016. NIST takes this action because there are now suitable alternative paths to foreign market access, and there would be no significant public disadvantage to terminating the Organic Production and Processing sub- program.
Gulf of Mexico Highly Migratory Species (HMS); Commercial Blacknose Sharks and Non-Blacknose Small Coastal Sharks (SCS) in the Gulf of Mexico Region
NMFS is closing the fisheries for commercial blacknose sharks and non-blacknose SCS in the Gulf of Mexico region. This action is necessary because the commercial landings of Gulf of Mexico non- blacknose SCS for the 2014 fishing season could exceed 80 percent of the available commercial quota as of September 5, 2014, and the fisheries are quota-linked under current regulations.
Direct Investment Surveys: BE-13, Survey of New Foreign Direct Investment in the United States; Correction
This final rule corrects: The Regulation Identifier Number (RIN) for this action; the effective date; and the statement that the Office of Management and Budget (OMB) has approved the information collection for the BE-13, Survey of New Foreign Direct Investment in the United States, pursuant to the Paperwork Reduction Act. BEA's information collection request is pending at OMB.
Direct Investment Surveys: BE-10, Survey of U.S. Direct Investment Abroad; Correction
This action corrects the Regulation Identifier Number (RIN) in a proposed rule published in the Federal Register on Thursday, August 14, 2014, to amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to reinstate reporting requirements for the 2014 BE-10, Benchmark Survey of U.S. Direct Investment Abroad. Benchmark surveys are conducted every five years; the prior survey covered 2009.
Vessel Monitoring Systems; Requirements for Enhanced Mobile Transceiver Unit and Mobile Communication Service Type-Approval
NMFS is proposing to codify type-approval standards, specifications, procedures, and responsibilities applicable to commercial Enhanced Mobile Transceiver Unit (EMTU) vendors and mobile communications service (MCS) providers seeking to obtain and maintain type-approval by NMFS for EMTU/MTU or MCS, collectively referred to as vessel monitoring system (VMS), products and services. This proposed rule is necessary to specify NMFS procedures for EMTU/MTU and MCS type- approval, type-approval renewal, and revocation; revise latency standards; and ensure compliance with type-approval standards.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2014 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper
NMFS implements accountability measures (AMs) for the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for vermilion snapper, as estimated by the Science Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) for the July 1 through December 31, 2014, fishing period on September 12, 2014. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on September 12, 2014, and it will remain closed until the start of the January 1 through June 30, 2015, fishing period. This closure is necessary to protect the vermilion snapper resource.
Carbon and Certain Alloy Steel Wire Rod From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, in Part
The Department of Commerce (``Department'') preliminarily determines that carbon and certain alloy steel wire rod (``steel wire rod'') from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 733(b) of the Tariff Act of 1930, as amended (``the Act''). The period of investigation (``POI'') is July 1, 2013, through December 31, 2013. The weighted-average dumping margins are shown in the ``Preliminary Determination'' section of this notice. We invite interested parties to comment on this preliminary determination.
Hand Trucks and Certain Parts Thereof From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review; 2012-2013
The Department of Commerce (the Department) is currently conducting an administrative review of the antidumping duty order on hand trucks and certain parts thereof (hand trucks) from the People's Republic of China (PRC).\1\ The period of review (POR) is December 1, 2012, through November 30, 2013. This administrative review covers three exporters of the subject merchandise: New-Tec Integration (Xiamen) Co., Ltd.'s (New-Tec); Yangjiang Shunhe Industrial Co. (Shunhe); and Full Merit Enterprise Limited (Full Merit).
Marine Fisheries Advisory Committee Meeting
This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below.
Grant of Interim Extension of the Term of U.S. Patent No. 5,686,060; LUMASONTM
The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a one- year interim extension of the term of U.S. Patent No. 5,686,060.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop 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.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a meeting of the Special Red Drum Working Group.
Plan for Periodic Review of Regulations
The Regulatory Flexibility Act (RFA) requires that NMFS periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how NMFS will perform this review and describes the regulations that are being proposed for review during the current review cycle.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a meeting of its Coral Workshop Group via conference call.
Endangered and Threatened Species; Initiation of 5-Year Review
NMFS announces a 5-year review of the southern right whale (Eubalaena australis) and sperm whale (Physeter macrocephalus) under the Endangered Species Act of 1973, as amended (ESA). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any information on southern right whales and sperm whales that has become available since their last 5-year review in 2007 and 2009, respectively.
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