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

The Western Pacific Fishery Management Council (Council) will hold a joint meeting of its Hawaii Regional Ecosystem Advisory Committee (REAC), Hawaii Advisory Panel (AP), and Hawaii members of its Noncommercial Fishing Advisory Committee (NCFAC) and a Hawaii AP meeting to discuss and make recommendations on issues in Hawaii and the Western Pacific region.

The Secretary of Commerce, through the Office of Trade and Economic Analysis (``OTEA''), issued an amended Export Trade Certificate of Review to NFE of California on March 21, 2016.

Notice is hereby given that Raymond Carthy, Ph.D., University of Florida, Florida Cooperative Fish and Wildlife Research Unit, 117 Newins-Ziegler Hall, P.O. Box 110450, Gainesville, FL 32611 has been issued a modification to scientific research Permit No. 17183-01.

Notice is hereby given that NMFS has received eight scientific research permit application requests relating to Pacific salmon, steelhead, and eulachon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at: https://apps.nmfs.noaa.gov/preview/ preview_open_for_comment.cfm.

As part of the Digital Economy Agenda, the Department of Commerce is working to identify data gaps in measuring the importance of cross-border data flows and the economic impact of restrictions to the free-flow of data. Through this Notice, we announce a roundtable to facilitate a discussion with stakeholders and experts as a first step in improving the Department's understanding of those data gaps and related economic questions.

This notice sets forth the schedule and proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC).

The Pacific Fishery Management Council's (Pacific Council) Highly Migratory Species Advisory Subpanel (HMSAS) and Highly Migratory Species Management Team (HMSMT) will hold a joint meeting by webinar, which is open to the public.

The Department of Commerce (the Department) is rescinding its administrative review in part on diamond sawblades and parts thereof (diamond sawblades) from the People's Republic of China (the PRC) for the period of review (POR) November 1, 2014, through October 31, 2015.

The North Pacific Fishery Management Council (Council) Crab Plan Team (CPT) will meet May 9, 2016 through May 12, 2016.

NMFS proposes regulations under the Tuna Conventions Act to implement Resolution C-15-04 (Resolution on the Conservation of Mobulid Rays Caught in Association with Fisheries in the IATTC Convention Area) of the Inter-American Tropical Tuna Commission (IATTC). Per the Resolution, this rule would prohibit any part or whole carcass of mobulid rays (i.e., the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.)) caught in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. In accordance with the Resolution, the proposed rule also includes requirements for release of mobulid rays. This proposed rule would also revise related codified text for consistency with the recent amendments to the Tuna Conventions Act. This action is necessary for the United States to satisfy its obligations as a member of the IATTC.

On March 30, 2016, the United States Court of International Trade (CIT or Court) issued final judgment in Laminated Woven Sacks Committee, Coating Excellence International, LLC, and Polytex Fibers Corporation v. United States, Consol. Court No. 12-00301, affirming the Department of Commerce's (the Department) final results of redetermination pursuant to court remand. 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 implemented final determination in a proceeding conducted under section 129 of the Uruguay Round Agreements Act (Section 129) related to the Department's final affirmative determination in the antidumping duty (AD) investigation of laminated woven sacks (LWS) from the People's Republic of China (the PRC) for the period October 1, 2006, through March 31, 2007.\1\ The Department is amending its implemented Final Section 129 Determination with regard to granting adjustments to the AD cash deposit rates.

NMFS announces a public meeting of the General Advisory Committee (GAC) to the U.S. Section to the Inter-American Tropical Tuna Commission (IATTC) on May 27, 2016, and a public meeting of the Scientific Advisory Subcommittee (SAS) to the GAC on May 26, 2016. Additionally, NMFS announces a public conference call of the GAC and SAS on May 3, 2016. The meeting and call topics are described under the SUPPLEMENTARY INFORMATION section of this notice.

The National Oceanic and Atmospheric Administration (NOAA) expanded the boundaries of Gulf of the Farallones National Marine Sanctuary (now renamed Greater Farallones National Marine Sanctuary or GFNMS) and Cordell Bank National Marine Sanctuary (CBNMS) to an area north and west of their previous boundaries with a final rule published on March 12, 2015. The final rule entered into effect on June 9, 2015. Pursuant to a request from USCG, NOAA is considering developing future rulemaking to allow the following USCG discharges within part or all of GFNMS and CBNMS: 1. Untreated vessel sewage, 2. vessel graywater that does not meet the definition of clean as defined by the Federal Water Pollution Control Act (FWPCA), and 3. ammunition and pyrotechnics (flare) materials used in USCG training exercises for use of force and search and rescue. NOAA will conduct public scoping meetings to gather information and other comments to determine the relevant scope of issues and range of alternatives to be addressed in the environmental process from individuals, organizations, tribes, and government agencies on this topic. The scoping meetings are scheduled as detailed below.

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.

We, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services), announce revisions to the May 21, 2015, proposed rule that would revise the regulations pertaining to submission of petitions and the reopening of the public comment period. In this document, we are setting forth modified proposed amendments to the regulations based on comments and information we received during the May 21, 2015, proposed rule's public comment period. We are reopening the comment period to allow all interested parties an opportunity to comment on these revisions, as described in this document, and on the information collection requirements. Comments previously submitted need not be resubmitted, as they have been considered in development of this revised proposed rule and will be fully considered in preparation of the final rule.

On October 9, 2015, the Department of Commerce (``Department'') published the preliminary results of the administrative review of the antidumping duty order on certain new pneumatic off-the-road tires (``OTR tires'') from the People's Republic of China (``PRC'').\1\ The period of review (``POR'') is September 1, 2013, through August 31, 2014. Based on our analysis of the comments received, we made certain changes in the margin calculations. The final dumping margins for this review are listed in the ``Final Results'' section below.

The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Act of 1996, Public Law 104-13 (44 U.S.C 3506(c)(2)(A)).

NMFS has received an application from the Lamont-Doherty Earth Observatory (Lamont-Doherty) in collaboration with the National Science Foundation (NSF), for an Incidental Harassment Authorization (Authorization) to take marine mammals, by harassment only, incidental to conducting three marine geophysical (seismic) surveys in the southeast Pacific Ocean, in the latter half of 2016 and/or the beginning half of 2017. The proposed dates are between June 2016 and June 2017, to account for logistical and scheduling needs of the applicant. Per the Marine Mammal Protection Act (MMPA), we are requesting comments on our proposal to issue an Authorization to Lamont-Doherty to incidentally take, by level B harassment, 44 species of marine mammal during the specified activity and to incidentally take, by Level A harassment, 26 species of marine mammals. Although considered unlikely, any Level A harassment potentially incurred would be expected to be in the form of some smaller degree of permanent hearing loss due in part to the required monitoring measures for detecting marine mammals and required mitigation measures for power downs or shut downs of the airgun array if any animal is likely to enter the Level A exclusion zone. NMFS does not expect any serious injury, mortality, or deafness to occur in marine mammals as a result of this proposed survey.

The National Institute of Standards and Technology (NIST) announces that the Manufacturing Extension Partnership (MEP) Advisory Board will hold an open meeting on Thursday May 19, 2016, from 8:30 a.m. to 4:00 p.m. Eastern Standard Time.

Notice is hereby given that NMFS has received an update to an application for a direct take permit, in the form of a Hatchery and Genetic Management Plan (HGMP), from the Chelan County Public Utility District (PUD) pursuant to the Endangered Species Act (ESA). The HGMP specifies the operation of a portion of a hatchery program rearing salmon in the Methow Basin within the State of Washington. This document serves to notify the public of the availability of the update to the existing permit application for comment prior to a decision by NMFS whether to issue the permit for the proposed hatchery program. NMFS also notifies the public of the intention to issue a separate ESA permit to the Confederated Tribes and Bands of the Yakama Nation for operation of a component of the program described in the application update.