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

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 orders on certain corrosion-resistant steel products from India, Italy, the People's Republic of China (``PRC''), the Republic of Korea (``Korea''), and Taiwan. In addition, the Department is amending its final determinations of sales at less-than-fair-value (``LTFV'') from India and Taiwan, as a result of ministerial errors.

The Caribbean Fishery Management Council's ABC Control Rule Group will hold a two-day meeting.

The Secretary of Commerce (Secretary), having determined that it is in the public interest in connection with the performance of duties imposed on the Department of Commerce by law, and with the concurrence of the General Services Administration, announces establishment of the U.S. Department of Commerce Trade Finance Advisory Council. This advisory committee will advise the Secretary on the development of strategies and programs that would help expand access to trade finance for U.S. exporters. The establishment of this federal advisory committee is necessary to provide input to the Secretary regarding the challenges faced by U.S. exporters in accessing capital, innovative solutions that can address these challenges, and recommendations on strategies that can expand access to finance and educate U.S. exporters on available resources. This notice also requests nominations for membership.

Consistent with the guidelines in OMB Circular A-25, the U.S. Department of Commerce's International Trade Administration (ITA) is implementing a cost recovery program fee to support the operation of the EU-U.S. Privacy Shield Framework (Privacy Shield), which will require that U.S. organizations pay an annual fee to ITA in order to participate in the Privacy Shield. The cost recovery program will support the administration and supervision of the Privacy Shield program and support the provision of Privacy Shield-related services, including education and outreach. The Privacy Shield fee schedule will become effective on August 1, 2016, when ITA will begin accepting self-certifications. ITA also is providing the public with the opportunity to comment on the fee schedule. ITA will reassess the fee schedule after the first year of implementation and, in accordance with OMB Circular A-25, at least every two years thereafter.

We, NMFS, announce a 12-month finding and listing determination on a petition to list the Caribbean electric ray (Narcine bancroftii) as threatened or endangered under the Endangered Species Act (ESA). We have completed a comprehensive status review of the species in response to a petition submitted by WildEarth Guardians and Defenders of Wildlife and considered the best scientific and commercial data available. Based on the best scientific and commercial data available, including the status review report (Carlson et al. 2015), we have determined that the species 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. Therefore, we conclude that the Caribbean electric ray does not warrant listing at this time.

On July 18, 2016, the Department of Commerce (``Department'') issued its final determination under a section 129 proceeding regarding the fourth administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (``Vietnam'') with respect to the Minh Phu Group. On July 18, 2016, the U.S. Trade Representative (``USTR'') instructed the Department to implement the 129 Final Determination. As a result, the Department is now implementing its determination.

The Caribbean Fishery Management Council will hold public hearings on the Amendments to the U.S. Caribbean Reef Fish, Spiny Lobster, and Corals and Reef Associated Plants and Invertebrates Fishery Management Plans: Timing of Accountability Measure-Based Seasonal Closures Including Draft Environmental Assessment: Amendment 8 to the Fishery Management Plan for the Reef Fish Fishery of Puerto Rico and the U.S. Virgin Islands, Amendment 7 to the Fishery Management Plan for the Spiny Lobster of Puerto Rico and the U.S. Virgin Islands, Amendment 6 to the Fishery Management Plan for the Corals and Reef Associated Plants and Invertebrates of Puerto Rico and the U.S. Virgin Islands. The complete document is available upon request and can be found at the Caribbean Council's Web site: www.caribbeanfmc.com.

The Pacific Fishery Management Council's (Council) Highly Migratory Species Management Team (HMSMT) will hold a meeting, which is open to the public.

The Department of Commerce (the Department) determines that heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey) are being, or are 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 July 1, 2014, through June 30, 2015. 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 heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from Mexico are being, or are 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 July 1, 2014, through June 30, 2015. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

Under 15 CFR 921.33(d), notice is hereby given that the Stewardship Division, Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce approves the revised Management Plan for Padilla Bay, Washington National Estuarine Research Reserve Management Plan. In accordance with 15 CFR 921.33(c), the Padilla Bay Reserve revised its Management Plan, which will replace the plan previously approved in 2008. The revised Management Plan outlines the administrative structure; the research/monitoring, stewardship, education, and training programs of the Reserve; and the plans for future land acquisition and facility development to support Reserve operations. The Padilla Bay Reserve takes an integrated approach to management, linking research, education, coastal training, and stewardship functions. The Reserve has outlined how it will manage administration and its core program providing detailed actions that will enable it to accomplish specific goals and objectives. Since the last Management Plan, the Reserve has built out its core programs and monitoring infrastructure; conducted an educational market analysis and needs assessment to better meet teacher needs and underserved audiences; developed a Reserve Disaster Response Plan; and improved public access to the Reserve through construction of a new boat launch ramp and enhanced trails. On March 10, 2016, NOAA issued a notice of a thirty day public comment period for the Padilla Bay Reserve revised plan (81 FR 12716). Responses to the written and oral comments received, and an explanation of how comments were incorporated into the final revised plan, are available in Appendix G of the revised plan. Since the last management plan was approved in 2008, the Padilla Bay Reserve has acquired an additional 110 acres of tidelands inside the Reserve boundary. With the approval of this management plan, the Padilla Bay Reserve will increase their total acreage to 11,966. The change is attributable to the recent acquisitions of several parcels by the Reserve state agency, totaling 110 acres. All of the proposed additions are owned by the Washington Department of Ecology and will be managed for long-term protection and conservation value. These parcels have high ecological value and will enhance the Reserve's ability to provide increased opportunities for research, education, and stewardship. The revised Management Plan will serve as the guiding document for the expanded 11,966 acre Padilla Bay Reserve. View the Padilla Bay, Washington Reserve Management Plan at https:// www.padillabay.gov/pdfs/ManagementPlan_2016-2020.pdf. The impacts of the revised management plan have not changed and the initial Environmental Impact Statement (EIS) prepared at the time of designation is still valid. NOAA determined that the revision of the management plan will not have a significant effect on the human environment and therefore qualifies for a categorical exclusion under NOAA Administrative Order 216-6. An environmental assessment will not be prepared.

As a result of the determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty (``AD'') order on magnesium metal from the People's Republic of China (``PRC'') would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD order.

This notice sets forth a request for nominations to serve on the Environmental Technologies Trade Advisory Committee (ETTAC). The ETTAC was established pursuant to provisions under Title IV of the Jobs Through Trade Expansion Act, 22. U.S.C. 2151, and under the Federal Advisory Committee Act, 5 U.S.C. App. 2. ETTAC was first chartered on May 31, 1994. ETTAC serves as an advisory body to the Environmental Trade Working Group of the Trade Promotion Coordinating Committee (TPCC), reporting directly to the Secretary of Commerce in his/her capacity as Chairman of the TPCC. ETTAC advises on the development and administration of policies and programs to expand U.S. exports of environmental technologies, goods, and services.

NMFS proposes revising the regulations that implement conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR or Commission). These revisions would be in addition to those proposed on December 29, 2015, that would revise procedures and requirements for filing import, export, and re-export documentation for certain fishery products, to integrate the collection of trade documentation within the government- wide International Trade Data System (ITDS) and require electronic information collection. The purposes of the revisions in this proposed rule are to streamline and clarify the regulations, shift deadlines for advance notice of intended fishing activities, distinguish between first receivers and dealers of Antarctic marine living resources (AMLR), reduce the time for advance notice of imports of Dissostichus species, and add transshipment notification requirements. The sections of these regulations would be reorganized to group requirements related to the trade of Antarctic marine living resources and those that apply to fishing activities. Additionally, this action would update the regulations to reflect Commission adopted revisions to existing conservation measures and changes made to the Antarctic Marine Living Resources Convention Act through the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015.

The Mid-Atlantic Fishery Management Council's (MAFMC) Ecosystem and Ocean Planning Committee will hold a public meeting.

This is a notice in accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i) that the National Institute of Standards and Technology (``NIST''), U.S. Department of Commerce, is contemplating the grant of an exclusive license in the United States of America, its territories, possessions and commonwealths, to NIST's interest in the invention embodied in U.S. Patent Application No. 15/188,211, titled ``Acousto-Microwave System for Determining Mass or Leak of Gas in a Vessel and Process for Same,'' (NIST Docket No. 15-010US1) to Western Energy Support & Technology, Inc. The grant of the license would be for leak rate testing and gas flow standards fields of uses.

On March 14, 2016, the Department of Commerce (the ``Department'') published the preliminary results of the 2014-2015 administrative review (``AR'') of the antidumping duty order on silicon metal from the People's Republic of China (``PRC''). See Silicon Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 81 FR 13326 (March 14, 2016) (``Preliminary Results''). The period of review (``POR'') is June 1, 2014, through May 31, 2015. The AR covers two PRC exporters of subject merchandise, Shanghai Jinneng International Trade Co. Ltd. (``Shanghai Jinneng'') and Shanghai Jinfeng Hardware Plastics Co. Ltd. (``Shanghai Jinfeng''). The Department invited interested parties to comment on the Preliminary Results. We received comments from Globe Metallurgical Inc. (``Petitioner'') which agreed with our Preliminary Results in the administrative review. No other party commented. Accordingly, our final results remain unchanged from the Preliminary Results.

The Department of Commerce (the Department) has completed its administrative review of the countervailing duty (CVD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (the PRC) for the period of review (POR) covering January 1, 2013, through December 31, 2013. On January 8, 2016, we published the preliminary results of this review.\1\

The Department of Commerce (``Department'') published its Preliminary Rescission for the new shipper review (``NSR'') of the antidumping duty order on multilayered wood flooring from the People's Republic of China (``PRC'') on June 2, 2016.\1\ The period of review (``POR'') is December 1, 2013 through November 30, 2014. As discussed below, we preliminarily found that the sale made by Qingdao Barry Flooring Co., Ltd. (``Qingdao Barry'') is not bona fide, and announced our preliminary intent to rescind its NSR. For the final results of this review, we continue to find Qingdao Barry's sale to be non-bona fide. Therefore, we are rescinding this NSR.

The United States Manufacturing Council (Council) will hold an open meeting via livestream on Wednesday, August 3, 2016. The Council was established in April 2004 to advise the Secretary of Commerce on matters relating to the U.S. manufacturing industry. The purpose of the meeting is for Council members to review and deliberate a letter that summarizes the Council's recommendations and provides advice to the Secretary on the future of the Manufacturing Council. The final agenda will be posted on the Department of Commerce Web site for the Council at https://www.trade.gov/manufacturingcouncil/, at least one week in advance of the meeting.

The National Telecommunications and Information Administration (NTIA) publishes this Notice to provide preliminary guidance concerning how a qualified state may apply to NTIA for authority to enter into a spectrum capacity lease with the First Responder Network Authority (FirstNet) and receive a grant to construct its radio access network (RAN) should it opt to do so as allowed under the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96, Title VI, 126 Stat. 256 (codified at 47 U.S.C. 1401 et seq.) (Act). NTIA also seeks public comment on this preliminary guidance through this Notice.