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

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. At that time, NOAA postponed the effectiveness of the discharge requirements in both sanctuaries' regulations in the areas added to GFNMS and CBNMS boundaries in 2015 with regard to U.S. Coast Guard activities for 6 months. This notice extends the postponement of the discharge requirements for these activities for another 6 months to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate.

The Department of Commerce (``the Department'') is conducting two new shipper reviews (``NSRs'') of the antidumping duty order on multilayered wood flooring from the People's Republic of China (``PRC''). The NSRs cover two exporters and producers of subject merchandise, Dongtai Zhangshi Wood Industry Co., Ltd. (``Zhangshi'') and Huzhou Muyun Wood Co., Ltd. (``Muyun''). The period of review (``POR'') is December 1, 2014 through May 31, 2015. The Department preliminarily determines that both Zhangshi's sale and Muyun's sale to the United States were not bona fide; therefore, we intend to rescind these NSRs. Interested parties are invited to comment on the preliminary results of this review.

The Pacific Fishery Management Council's (Pacific Council) Ad hoc Sacramento River Winter Chinook Workgroup (SRWCW) will hold a webinar, which is open to the public, to discuss progress on development of potential harvest control rule options.

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 Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council and its Committees.

The New England Fishery Management Council (Council) is scheduling a public meeting of its VMS/Enforcement Committee and 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.

The United States Patent and Trademark Office (Office or USPTO) proposes to set or increase certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA). The proposed fees will allow the Office to recover the aggregate estimated cost of Trademark and Trademark Trial and Appeal Board (TTAB) operations and USPTO administrative services that support Trademark operations. The proposals will further USPTO strategic objectives by: Better aligning fees with the full cost of products and services; protecting the integrity of the register by incentivizing more timely filing or examination of applications and other filings and more efficient resolution of appeals and trials; and promoting the efficiency of the process, in large part through lower-cost electronic filing options.

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 comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on the NOAA Fisheries Draft National Bycatch Reduction Strategy.

On March 30, 2016, the United States Court of International Trade (``the Court'') issued final judgments in Catfish Farmers of America et al. v. United States, Consol. Court No. 12-00087, sustaining the Department of Commerce's (``the Department'') AR7 Remand final results.\1\ In the AR7 Remand, the Department recalculated the weighted-average dumping margin for QVD Food Co. Ltd. (``QVD'') and Vinh Hoan Corporation (``Vinh Hoan'') using revised surrogate values for by-products (fish waste, fresh broken meat, and frozen broken fillets by-products, and capping the fish oil by-product surrogate value).\2\ Because QVD's margin changed, it also becomes the margin for those companies not individually examined but receiving a separate rate.\3\

Pursuant to section 751(b) of the Tariff Act of 1930, as amended (``the Act''), 19 CFR 351.216, and 19 CFR 351.221(c)(3), the Department of Commerce (the ``Department'') is initiating, and issuing the preliminary results, of a changed circumstances review of the antidumping duty (``AD'') order on crystalline silicon photovoltaic cells, whether or not assembled into modules, (``solar cells'') from the People's Republic of China (``PRC'') regarding whether Hangzhou Sunny Energy Science and Technology Co., Ltd. (``Hangzhou Sunny'') is the successor-in-interest to Hangzhou Zhejiang University Sunny Energy Science and Technology Co., Ltd. (``Hangzhou ZU Sunny''). Based on the information on the record, we preliminarily determine that Hangzhou Sunny is the successor-in-interest to Hangzhou ZU Sunny and, as such, is entitled to Hangzhou ZU Sunny's AD cash deposit rate with respect to entries of subject merchandise. Interested parties are invited to comment on these preliminary results.

Notice is hereby given of a virtual meeting of the U.S. Integrated Ocean Observing System (IOOS[supreg]) Advisory Committee (Committee).

NMFS' West Coast Region announces the availability of 5-year reviews for 17 evolutionarily significant units (ESUs) of Pacific salmon (Oncorhynchus sp.), 10 distinct population segments (DPSs) of steelhead (O. mykiss), and the southern DPS of eulachon (Thaleichthys pacificus) as required by the Endangered Species Act of 1973, as amended (ESA). The purpose of the reviews was to evaluate whether the listing classifications of these species remains accurate or should be changed. After reviewing the best available scientific and commercial data, we conclude that no changes in the ESA-listing status for the 27 salmonid ESUs and DPSs, or the southern DPS of eulachon, are warranted at this time.

Notice is hereby given that Tasha L. Metz, Ph.D., Texas A&M University at Galveston, Department of Marine Biology, P.O. Box 1675, Galveston, TX 77551 has been issued a permit to take loggerhead (Caretta caretta), green (Chelonia mydas), Kemp's ridley (Lepidochelys kempii), and hawksbill (Eretmochelys imbricata) sea turtles for purposes of scientific research.

NMFS proposes to implement annual management measures and harvest specifications to establish the allowable catch levels (i.e. annual catch limit (ACL)/harvest guideline (HG)) for the northern subpopulation of Pacific sardine (hereafter, simply Pacific sardine), in the U.S. Exclusive Economic Zone (EEZ) off the Pacific coast for the fishing season of July 1, 2016, through June 30, 2017. This rule is proposed according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). The proposed action would prohibit directed non- tribal Pacific sardine commercial fishing for Pacific sardine off the coasts of Washington, Oregon and California, which is required because the estimated 2016 biomass of Pacific sardine has dropped below the biomass threshold specified in the HG control rule. Under the proposed action, Pacific sardine may still be harvested as part of either the live bait or tribal fishery or as incidental catch in other fisheries; the incidental harvest of Pacific sardine would initially be limited to 40-percent by weight of all fish per trip when caught with other CPS or up to 2 metric tons (mt) when caught with non-CPS. The proposed annual catch limit (ACL) for the 2016-2017 Pacific sardine fishing year is 8,000 mt. This proposed rule is intended to conserve and manage the Pacific sardine stock off the U.S. West Coast.

NMFS announces the re-opening of the commercial sector for gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent commercial landings of gray triggerfish indicate the commercial annual catch limit (ACL) for the January through June fishing season has not yet been reached. Therefore, NMFS re-opens the commercial sector for gray triggerfish in the South Atlantic EEZ for 18 days to allow the commercial ACL to be caught, while minimizing the risk of the commercial ACL being exceeded.

NMFS implements accountability measures (AMs) for commercial blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for blueline tilefish are projected to reach the commercial annual catch limit (ACL) by June 1, 2016. Therefore, NMFS is closing the commercial sector for blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, June 1, 2016, and it will remain closed until the start of the next fishing season on January 1, 2017. This closure is necessary to protect the blueline tilefish resource.

This interim rule establishes a limit for calendar year 2016 on fishing effort by U.S. purse seine vessels in the U.S. exclusive economic zone (U.S. EEZ) and on the high seas between the latitudes of 20[deg] N. and 20[deg] S. in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention). The limit is 1,828 fishing days. This action is necessary for the United States to implement provisions of a conservation and management measure adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention, to which it is a Contracting Party.

The Secretary of Commerce, through the International Trade Administration, Office of Trade and Economic Analysis (OTEA), has received an application for an amended Export Trade Certificate of Review (``Certificate'') from CPEC. This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued.

In accordance with the Hydrographic Service Improvements Act Amendments of 2002, Public Law 107-372, the Administrator of the National Oceanic and Atmospheric Administration (NOAA) is required to solicit nominations for membership at least once a year for the Hydrographic Services Review Panel (HSRP). The HSRP, a Federal advisory committee, advises the Administrator on matters related to the responsibilities and authorities set forth in section 303 of the Hydrographic Services Improvement Act and such other appropriate matters as the Administrator refers to the Panel for review and advice. Those responsibilities and authorities include, but are not limited to: Acquiring and disseminating hydrographic data and providing hydrographic services, as those terms are defined in the Act; promulgating standards for hydrographic data and services; ensuring comprehensive geographic coverage of hydrographic services; and testing, developing, and operating vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services. The Act states ``the voting members of the Panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields relating to hydrographic data and hydrographic services, marine transportation, port administration, vessel pilotage, coastal and fishery management, and other disciplines as determined appropriate by the Administrator.'' The NOAA Administrator seeks and encourages individuals with expertise in marine navigation, port administration, marine shipping or other intermodal transportation industries, cartography and geographic information systems, geodesy, physical oceanography coastal resource management, including coastal resilience and emergency response, and other related fields. To apply for membership on the Panel, applicants are requested to submit the following five items and answer five response questions. The entire package should be a maximum length of seven pages or fewer. NOAA is an equal opportunity employer. (1) A cover letter that responds to the five questions listed below as a statement of interest to serve on the panel, ``Short Response Questions'' below. (2) Highlight the nominee's specific area(s) of expertise relevant to the purpose of the Panel from the list in the Federal Register Notice; (3) A current resume. (4) A short biography of 400 to 600 words. (5) The nominee's full name, title, institutional affiliation, and contact information.

The Board of Overseers of the Malcolm Baldrige National Quality Award (Board of Overseers) and the Judges Panel of the Malcolm Baldrige National Quality Award (Judges Panel) will meet together in open session on Thursday, June 9, 2016, from 8:30 a.m. to 3:00 p.m. Eastern time. The Board of Overseers, appointed by the Secretary of Commerce, reports the results of the Malcolm Baldrige National Quality Award (Award) activities to the Director of the National Institute of Standards and Technology (NIST) each year, along with its recommendations for the improvement of the Award process. The Judges Panel, also appointed by the Secretary of Commerce, ensures the integrity of the Award selection process and recommends Award recipients to the Secretary of Commerce. The purpose of this meeting is to discuss and review information received from the National Institute of Standards and Technology and from the Chair of the Judges Panel. The agenda will include: Baldrige Program Update, Baldrige Foundation Fundraising Update, Baldrige Judges Panel Update, Ethics Review, Applicants and Eligibility, and New Business/Public Comment.

Notice is hereby given that Demian Chapman, Ph.D., School of Marine and Atmospheric Science, Stony Brook University, Stony Brook, NY 11794, has applied in due form for a permit to import scalloped hammerhead shark (Sphyrna lewini) samples for purposes of scientific research.

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. The exempted fishing permit would allow a commercial fishing vessel to fish outside of the limited access scallop regulations in support of gear research designed to reduce the amount of small, unexploitable scallops caught and create better dredge selectivity, as well as reduce finfish bycatch. 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.