Department of Commerce January 2016 – Federal Register Recent Federal Regulation Documents

NOAA has released the final NOAA Commercial Space Policy (Policy). On September 1, 2015, NOAA released a draft Commercial Space Policy for a 30-day public comment period. During this comment period, 15 sets of comments were received (see www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-2015-0109). All comments were reviewed, adjudicated and, where appropriate, incorporated or reflected in the final Policy.

The Department of Commerce is initiating new shipper reviews of the antidumping duty order on multilayered wood flooring from the People's Republic of China for Jiangsu Keri Wood Co., Ltd. (``Keri Wood'') and Zhejiang Simite Wooden Co., Ltd. (``Simite Wooden''). The period of review (``POR'') is December 1, 2014, through November 30, 2015.

NMFS is prohibiting directed fishing for pollock in Statistical Area 630 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2016 total allowable catch of pollock for Statistical Area 630 in the GOA.

On December 21, 2015, the United States Court of International Trade (``CIT'' or ``Court'') issued its final judgment \1\ sustaining the Department of Commerce's (the ``Department'') final results of redetermination \2\ issued pursuant to the CIT's remand order in Peer Bearing CompanyChangshan v. United States, 914 F. Supp. 2d 1343 (CIT 2013) (``CPZ 07-08 II''), with respect to the Department's final results \3\ of the 2007-2008 administrative review of the antidumping duty order on certain tapered roller bearings and parts thereof, finished and unfinished (``TRBs''), from the People's Republic of China (``PRC''). 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 (Fed. Cir. 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 with respect to the dumping margin determined for the sole mandatory respondent in the underlying review, Peer Bearing CompanyChangshan (``CPZ'').

The Department of Commerce (``Department'') is postponing the deadline for issuing the final determination in the less-than-fair- value (``LTFV'') investigation of certain corrosion-resistant steel products (``corrosion-resistant steel'') from Taiwan.

On December 21, 2015, the United States Court of International Trade (``CIT'' or ``Court'') issued its final judgment \1\ sustaining the Department of Commerce's (the ``Department'') final results of redetermination \2\ issued pursuant to the CIT's remand order in Peer Bearing Co.-Changshan v. United States, 986 F. Supp. 2d 1389 (CIT 2014) (``CPZ 08-09 II''), with respect to the Department's final results \3\ of the twenty-second administrative review of the antidumping duty order on tapered roller bearings and parts thereof, finished and unfinished (``TRBs''), from People's Republic of China (``PRC''). 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 (Fed. Cir. 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 with respect to the dumping margins determined for Peer Bearing Company- Changshan and Changshan Peer Bearing Co., Ltd.\4\

The Department of Commerce (``the Department'') preliminarily finds that revocation of the antidumping duty orders on seamless refined copper pipe and tube (``copper pipe and tube'') from the People's Republic of China (``PRC'') and Mexico would likely lead to continuation or recurrence of dumping, at the levels indicated in the ``Preliminary Results of Sunset Reviews'' section of this notice.

This rule addresses how individual processing quota (IPQ) use caps apply to Bering Sea Chionoecetes bairdi Tanner crab fisheries: The eastern C. bairdi Tanner (EBT) and the western C. bairdi Tanner (WBT). This rule exempts EBT and WBT IPQ crab that is custom processed at a facility through contractual arrangements with the facility owners from being applied against the IPQ use cap of the facility owners. This rule applies to EBT and WBT IPQ crab received for custom processing during the 2015/2016 crab fishing year. Without this rule, substantial amounts of EBT and WBT Class A IFQ crab would remain unharvested, and fishermen, shoreside processors, and communities that participate in the EBT and WBT fisheries have no viable alternatives to mitigate the resulting significant, negative economic effects before the fisheries end for the season. This rule is necessary to temporarily relieve a restriction that is preventing the full harvest of EBT and WBT Class A IFQ crab. This rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs, and other applicable law.

We, NMFS, announce a 5-year review of Southern Resident killer whales (Orcinus orca) under the Endangered Species Act of 1973, as amended (ESA). The purpose of these reviews is to ensure that the listing classification of a species is accurate. The 5-year review will be based on the best scientific and commercial data available at the time of the review; therefore, we request submission of any such information on Southern Resident killer whales that has become available since their original listing as endangered in November 2005 or since the previous 5-year review completed in 2011. Based on the results of this 5-year review, we will make the requisite determination under the ESA.

The National Institute of Standards and Technology (NIST) invites organizations to provide products and technical expertise to support and demonstrate security platforms for the Wireless Medical Infusion Pumps use case for the health care sector. This notice is the initial step for the National Cybersecurity Center of Excellence (NCCoE) in collaborating with technology companies to address cybersecurity challenges identified under the Health Care Sector program. Participation in the use case is open to all interested organizations.

This notice announces receipt of an exempted fishing permit (EFP) application from the Alaska Seafood Cooperative (AKSC) and co- applicants. If granted, this EFP would allow the applicants to remove halibut from a trawl codend on the deck, and release those fish back to the water in a timely manner to increase survivability. These halibut would be sampled by NMFS-trained observers for length and physical condition using standard International Pacific Halibut Commission (IPHC) halibut mortality assessment methods. The objectives of the EFP application are to (1) test methods for sorting halibut on deck for suitability as an allowable fish handling mode for the non-pollock catcher/processor trawl fisheries (Amendment 80, community development quota (CDQ), and trawl limited access) in the Bering Sea and Aleutian Islands under an eventual regulated program; (2) simplify and improve on elements that worked under a 2015 deck sorting EFP project; and (3) address challenges and issues that arose in the 2015 EFP. This experiment has the potential to promote the objectives of the Magnuson- Stevens Fishery Conservation and Management Act and the Northern Pacific Halibut Act.

NMFS proposes to implement management measures described in Amendment 28 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council) (Amendment 28). If approved and implemented by the Secretary of Commerce (Secretary), Amendment 28 would revise the Gulf of Mexico (Gulf) red snapper commercial and recreational sector allocations of the stock annual catch limits (ACLs). As a result of the revised sector allocations proposed in Amendment 28, this proposed rule would revise the red snapper commercial and recreational quotas (which are equivalent to the ACLs) and the recreational annual catch targets (ACTs). This proposed rule would also set the Federal charter vessel/headboat and private angling component quotas and ACTs based on the revised recreational sector's ACL and ACT. The purpose of this proposed rule and Amendment 28 is to reallocate the Gulf red snapper harvest consistent with the 2014 red snapper assessment update while ensuring the allowable catch and recovery benefits from the rebuilding red snapper stock are fairly and equitably allocated between the commercial and recreational sectors.

We, NMFS, announce the initiation of a 5-year review for the U.S. distinct population segment (DPS) of smalltooth sawfish (hereafter referred to as `smalltooth sawfish'), and our intent to update the smalltooth sawfish recovery plan. A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. Recovery plans are guides to rebuild and assure the long-term viability of protected species in the wild. Each document is based on the best scientific and commercial data available at the time of the review/update. Therefore, we are requesting submission of any information on the status of smalltooth sawfish that has become available since the previous iterations of these documents in 2010 and 2009 respectively.

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 U.S. Department of Commerce (Commerce) is removing its regulation implementing the prior government-wide common rule on drug- free workplace requirements for financial assistance, and issuing a new regulation to adopt updated Office of Management and Budget (OMB) guidance on the topic. This action implements OMB's initiative to streamline and consolidate into one title of the Code of Federal Regulations (CFR) all Federal regulations on drug-free workplace requirements for financial assistance. These changes constitute an administrative simplification that would make no substantive change in Commerce's policy or procedures for drug-free workplace.

NMFS has received a request from the Washington State Department of Transportation (WSDOT) for an authorization to take small numbers of 10 species of marine mammals, by Level B harassment, incidental to proposed construction activities for the Coupeville Timber Tower Preservation Project in Washington State. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to WDOT to incidentally take, by harassment, small numbers of marine mammals for a period of 1 year.

The North Pacific Fishery Management Council (Council) has submitted Amendment 109 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. If approved, Amendment 109 would amend the FMP to support increased participation in local small-scale groundfish fisheries managed under the Western Alaska Community Development Quota (CDQ) Program. Specifically, Amendment 109 would amend the description of observer coverage requirements in the FMP to allow catcher vessels less than or equal to 46 feet (ft) (14.0 meters (m)) length overall (LOA) using hook-and-line gear to be placed in the partial observer coverage category when groundfish CDQ fishing. In addition, Amendment 109 would exempt operators of registered catcher vessels greater than 32 ft (9.8 m) LOA and less than or equal to 46 ft LOA using hook-and-line gear from the requirement to obtain and carry a License Limitation Program (LLP) license when conducting groundfish CDQ fishing. Amendment 109 also would update descriptive information about the CDQ Program in the FMP and make several editorial revisions. The objective of Amendment 109 is to facilitate increased participation by residents of CDQ communities in the groundfish CDQ fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI), and to support economic development in western Alaska. This action would benefit the six CDQ groups and the operators of local small hook-and-line catcher vessels that the CDQ groups authorize to participate in the groundfish CDQ fisheries by reducing the costs of participating in those fisheries.

This action decreases the possession and trip limit for Southern New England/Mid-Atlantic yellowtail flounder for Northeast multispecies common pool vessels for the remainder of the 2015 fishing year. The most recent catch data indicates that the common pool is expected to reach its annual quota for this stock before the end of January. Decreasing the trip limit is intended to prevent the common pool fishery from exceeding its allocation for the stock in the 2015 fishing year, and from triggering an area closure for portions of Southern New England/Mid-Atlantic.

The Department of Commerce (``the Department'') determines that certain uncoated paper (``uncoated paper'') from Brazil is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 735(a) of the Tariff Act of 1930, as amended (``the Act''). The period of investigation (``POI'') is January 1, 2014, through December 31, 2014. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

The Department of Commerce (``the Department'') determines that certain uncoated paper (``uncoated paper'') from Portugal is being, or is likely to be, sold in the United States at less than fair value (``LTFV''), as provided in section 735(a) of the Tariff Act of 1930, as amended (``the Act''). The period of investigation (``POI'') is January 1, 2014, through December 31, 2014. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.