Department of Commerce 2014 – Federal Register Recent Federal Regulation Documents

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 application and requests comments relevant to whether the Certificate should be issued.

The Bureau of Industry and Security (BIS) is amending the microprocessor military end-use and end-user control in the Export Administration Regulations by expanding the scope of microprocessors subject to the restriction to harmonize with technological advances to microprocessor chips and expand the scope to include related software and technology for the development and production of these chips. In addition, this rule adds a prohibition on the use of license exceptions (including License Exception ENC) and otherwise expands license requirements for exports, reexports, or transfers (in-country) of microprocessors subject to the military end-use and end-user restriction. This expansion is consistent with the foreign policy objectives of the United States of preventing U.S. exports that might contribute to destabilizing military capabilities against the United States and its citizens. The foreign policy report explaining the expansion was sent to Congress on December 1, 2014. This rule also expands the scope of controls to cover in-country transfers, in order to control in-country transfers to prohibited military end users or end uses. BIS is also making editorial and format revisions to this section to improve clarity.

NMFS will host two public webinars to provide the opportunity to explain management measures and effective dates in the final rule for Amendment 7 to the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) (Amendment 7), which published December 2, 2014. The measures in the final rule took action to reduce and account for bluefin dead discards in all categories; optimize fishing opportunities in all categories within the U.S. quota; enhance reporting and monitoring; and adjust other management measures as necessary

The United States Patent and Trademark Office (``Office'' or ``USPTO'') is amending its regulations to reduce certain trademark fees, as authorized by the Leahy-Smith America Invents Act (``AIA''). The reductions will reduce total trademark fee collections and promote efficiency for the USPTO and customers. The reductions also will further USPTO strategic objectives to increase the end-to-end electronic processing of trademark applications by offering additional electronic application processing.

Notice is hereby given that Larry Wood, LDWood BioConsulting, Inc., 425 Kennedy Street, Jupiter, FL 33468 has been issued a permit to take hawksbill sea turtles (Eretmochelys imbricata) for purposes of scientific research.

We, NMFS, announce a 12-month finding on two petitions to list the Northwest Atlantic and Gulf of Mexico population of dusky shark (Carcharhinus obscurus) as a threatened or endangered distinct population segment (DPS) under the Endangered Species Act (ESA). We completed a comprehensive status review of the dusky shark in response to these petitions. Based on the best scientific and commercial information available, including the status review report (McCandless et al., 2014), we have determined that the Northwest Atlantic and Gulf of Mexico (henceforth abbreviated as NWA) population constitutes a DPS but does not warrant listing at this time. We conclude that the NWA DPS 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 Department of Commerce (the ``Department'') determines that calcium hypochlorite 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 735 of the Tariff Act of 1930, as amended (``the Act''). This investigation's final dumping margin is in the ``Final Determination Margins'' section infra.

The protection of U.S. trade secrets from misappropriation is an Administration priority. As noted in the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets (February 2013), ``trade secret theft threatens American businesses, undermines national security, and places the security of the U.S. economy in jeopardy.'' In pursuit of the goals of the Administration Strategy through information sharing and discussion, the United States Patent and Trademark Office will hold a public symposium on issues relevant to the protection of trade secrets. Topics to be discussed include losses due to trade secret theft and challenges to protecting trade secrets, the intersection of patent and trade secret protection, trade secret issues in civil litigation, trade secret protection in foreign jurisdictions, and proposed responses to the threat of trade secret theft in the U.S.

HOPE provides for duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences under HOPE is known as the ``value-added'' program, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The program is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12- month annual period. For the annual period from December 20, 2014 through December 19, 2015, the quantity of imports eligible for preferential treatment under the value-added program is 332,915,916 square meters equivalent.

NMFS announces that the Mid-Atlantic and New England Fishery Management Councils have submitted an Omnibus Amendment to the Fishery Management Plans of the Northeastern U.S. to establish a Standardized Bycatch Reporting Methodology, incorporating a draft Environmental Assessment and preliminary Regulatory Impact Review, for review and approval by the Secretary of Commerce, and is requesting comments from the public. The Standardized Bycatch Reporting Methodology Omnibus Amendment would establish a standardized bycatch reporting methodology for all 13 Fishery Management Plans in the region, as required under the Magnuson-Stevens Fishery Conservation and Management Act. The proposed measures include: Bycatch reporting and monitoring mechanisms; analytical techniques and allocation of at-sea fisheries observers; a standardized bycatch reporting methodology performance standard; a review and reporting process; framework adjustment and annual specifications provisions; a prioritization process; and provisions for industry-funded observers and observer set-aside programs.

The National Oceanic and Atmospheric Administration (NOAA) announces the availability of the National Invasive Lionfish Prevention and Management Plan (Plan). The Plan is available for public review and comment.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS, has made a preliminary determination that an exempted fishing permit application contains all of the required information and warrants further consideration. This Exempted Fishing Permit would exempt a commercial fishing vessel from mesh size requirements and butterfish possession limits to test experimental codend mesh configurations as a means to reduce juvenile butterfish bycatch in the directed butterfish fishery. Cornell University Cooperative Extension of Suffolk County, NY, will be conducting this research. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits.

The South Atlantic Fishery Management Council (SAFMC) will hold a meeting of Golden Crab Advisory Panel (AP) in Dania Beach, FL. See SUPPLEMENTARY INFORMATION.

The Department of Commerce (the Department) is rescinding its administrative review of the antidumping duty order on certain magnesia carbon bricks from Mexico for the period of review (POR) September 1, 2013, through August 31, 2014, based on the withdrawal of all requests for review.

Based on request from the U.S. Food and Drug Administration, NMFS is not going to renew the paralytic shellfish poisoning closed areas referred to as the Northern and Southern Temporary Paralytic Shellfish Poisoning Closed Areas for another year. The areas have not been subject to a toxic algal bloom for several years, and recent testing of gastropods and whole/roe-on scallops has demonstrated toxin levels well below those known to cause human illness.

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. 5,693,323.

NOAA is soliciting nominations for members of the NOAA Science Advisory Board (SAB). The SAB is the only Federal Advisory Committee with the responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere and NOAA Administrator on long- and short-range strategies for research, education, and application of science to resource management and environmental assessment and prediction. The SAB consists of 15 members reflecting the full breadth of NOAA's areas of responsibility and assists NOAA in maintaining a complete and accurate understanding of scientific issues critical to the agency's missions. Points of View: The Board will consist of approximately fifteen members, including a Chair, designated by the Under Secretary in accordance with FACA requirements. Members will be appointed for three- year terms, renewable once, and serve at the discretion of the Under Secretary. If a member resigns before the end of his or her first term, the vacancy appointment shall be for the remainder of the unexpired term, and shall be renewable twice if the unexpired term is less than one year. Members will be appointed as special government employees (SGEs) and will be subject to the ethical standards applicable to SGEs. Members are reimbursed for actual and reasonable travel and per diem expenses incurred in performing such duties but will not be reimbursed for their time. As a Federal Advisory Committee, the Board's membership is required to be balanced in terms of viewpoints represented and the functions to be performed as well as the interests of geographic regions of the country and the diverse sectors of U.S. society. The SAB meets in person three times each year, exclusive of teleconferences or subcommittee, task force, and working group meetings. Board members must be willing to serve as liaisons to SAB working groups and/or participate in periodic reviews of the NOAA Cooperative Institutes and overarching reviews of NOAA's research enterprise. Nominations: Interested persons may nominate themselves or third parties. Applications: An application is required to be considered for Board membership, regardless of whether a person is nominated by a third party or self-nominated. The application package must include: (1) The nominee's full name, title, institutional affiliation, and contact information; (2) the nominee's area(s) of expertise; (3) a short description of his/her qualifications relative to the kinds of advice being solicited by NOAA in this Notice; and (4) a current resume (maximum length four [4] pages).

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.

In response to requests from interested parties, the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico.\1\ This administrative review originally covered eight entities: Productos Laminados de Monterrey, S.A. de C.V. (Productos Laminados), Prolamsa, Inc.,\2\ Conduit S.A. de C.V. (Conduit); Ternium Mexico, S.A. de C.V. (Ternium); Tuberia Nacional, S.A. de C. V. (TUNA); Lamina y Placa Comercial, S.A. de C.V. (Lamina); \3\ Mueller Comercial de Mexico, S. de R.L. de C.V. (Mueller); and PYTCO, S.A. de C.V. (PYTCO). All requests for administrative review of Conduit, TUNA, Lamina, Ternium, Mueller, and PYTCO were timely withdrawn, and we are consequently rescinding this administrative review, in part, with respect to these six companies. The sole mandatory respondent is Productos Laminados. The period of review (POR) is August 1, 2012, through July 31, 2013. We preliminarily find that Productos Laminados made sales at prices below normal value (NV) during the POR. We invite interested parties to comment on these preliminary results.

The Department of Commerce (the Department) finds that revocation of the countervailing duty order (CVD) order on certain kitchen appliance shelving and racks (kitchen racks) from the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the Final Results of Review section of this notice.