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

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to construction activities as part of a pier replacement project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to the Navy to incidentally take marine mammals, by Level B Harassment only, during the specified activity.

The U.S. IOOS office, National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), has finalized a Programmatic Environmental Assessment (PEA) which analyzed the potential environmental impacts associated with ocean observing activities including sensors and instrumentation; vessels (including personal watercraft) and sampling; autonomous underwater vehicles (AUV), gliders, and drifters; moorings, marine stations, buoys, and fixed arrays; High Frequency radar (HF radar); and sound navigation and ranging (sonar) and light detection and ranging (lidar) and prepared a Finding of No Significant Impact (FONSI) to the environmental resources within U.S. IOOS regions. In parallel with the preparation of the draft and final PEA, IOOS initiated and completed a technical review consultation with National Marine Fisheries Service (NMFS) Office of Habitat Conservation Essential Fish Habitat (EFH), regarding the Magnuson-Stevens Act. Furthermore, subsequent to extensive discussion with and training by NMFS Office of Protected Resources (OPR) under the National Marine Sanctuaries, Endangered Species and Marine Mammal Protection Acts, it has been determined that IOOS observing activities would have negligible or no impact to environmental resources under the proposed action. The IOOS proposed action provides a mitigation strategy to address any unique situations, on a site-specific basis, as more information becomes available. The final PEA and signed FONSI are posted on the IOOS Web site at https://ioos.noaa.gov/about/governance-and-management/environ mental- compliance/.

NMFS has received a request from the U.S. Department of the Navy (Navy) for authorization to take marine mammals incidental to construction activities as part of waterfront improvement projects at several berths. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting public comment on its proposal to issue an incidental harassment authorization (IHA) to the Navy to incidentally take marine mammals, by Level B harassment only, during the specified activity at Portsmouth Naval Shipyard (the Shipyard) in Kittery, Maine.

The North Pacific Fishery Management Council (Council) Electronic Monitoring Workgroup (EMWG) will hold a teleconference on August 25, 2016.

On July 18, 2016, the United States Court of International Trade (CIT) sustained the Department of Commerce's (Department) final results of redetermination in which the Department determined, under protest, that certain kitchen appliance door handles are not covered by the scope of the antidumping (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People's Republic of China.

The Department of Commerce (the Department) is conducting a new shipper review (NSR) of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (PRC). The NSR covers merchandise exported by Linyi Yuqiao International Trade Co., Ltd. (Yuqiao) and produced by Linyi City Kangfa Drinkable Co., Ltd. The period of review (POR) is February 1, 2015 through July 31, 2015. The Department preliminarily determines that Yuqiao did not make a bona fide sale during the POR. Because any weighted average dumping margin must be based solely on bona fide sales, we are preliminarily rescinding this NSR. Interested parties are invited to comment on the preliminary results of this review.

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 Northwest Fruit Exporters. This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued.

In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an IHA to Fairweather, LLC (Fairweather) to take, by harassment, small numbers of 12 species of marine mammals incidental to an anchor retrieval program in the Chukchi and Beaufort seas, Alaska, during the open-water season of 2016.

We announce the reduction of the commercial possession limit for northern red hake for the remainder of the 2016 fishing year. This action is required to prevent the northern red hake total allowable landing limit from being exceeded. This announcement informs the public that the northern red hake possession limit is reduced.

NMFS implements an accountability measure (AM) for the recreational sector for the other jacks complex (lesser amberjack, almaco jack, and banded rudderfish) in the South Atlantic for the 2016 fishing year through this temporary rule. NMFS projects that recreational landings of the other jacks complex will reach their combined recreational annual catch limit (ACL) by August 9, 2016. Therefore, NMFS closes the recreational sector for this complex on August 9, 2016, through the remainder of the fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources.

As a result of this sunset review, the Department of Commerce (the Department) finds that revocation of the antidumping duty order on certain in-shell (raw) pistachios (pistachios) from the Islamic Republic of (Iran) would be likely to lead to continuation or recurrence of dumping at the rates identified in the ``Final Results of Review'' section of this notice.

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

Pursuant to Executive Order 13175, the Bureau of the Census (Census Bureau) is continuing tribal consultation meetings through calendar year 2016 with federally recognized tribes across the country as part of our ongoing government-to-government relations. The Census Bureau is planning to conduct tribal consultation meetings with federally recognized tribes across the country between September 2016 and December 2016. These meetings will provide a forum for tribes to share insights, make recommendations and discuss concerns related to the 2020 Census. The Census Bureau's procedures for outreach, notice and consultation will ensure involvement of tribes, to the extent practicable and permitted by law, before making decisions or implementing policies, rules or programs that affect federally recognized tribal governments. The Census Bureau requests that interested members of the public comment with any questions or topics they would like to see considered in these meetings. For a list of dates, locations and times please check https://www.census.gov/aian/ census_2020/. These meetings are open to members of federally recognized tribes by invitation.

The New England Fishery Management Council (Council) is scheduling a public meeting of its Herring Advisory Panel on Tuesday, August 16, 2016 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.

NMFS closes the northern area Angling category fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent any further overharvest of the Angling category northern area trophy BFT subquota.

On April 13, 2016, the Department of Commerce (``Department'') published its Preliminary Results for the July 1, 2014, through June 30, 2015, administrative review of certain steel grating (``steel grating'') from the People's Republic of China (``PRC'').\1\ Although invited to do so, interested parties did not comment on our Preliminary Results. We have adopted the Preliminary Results as the final results.

NMFS is prohibiting directed fishing for dusky rockfish in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2016 total allowable catch of dusky rockfish in the Western Regulatory Area of the GOA.

NMFS is prohibiting directed fishing for Pacific ocean perch in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2016 total allowable catch of Pacific ocean perch in the Western Regulatory Area of the GOA.

NMFS is implementing management measures for the 2016 summer flounder, scup, and black sea bass recreational fisheries, changes to the commercial scup incidental possession limit, and two minor corrections to the summer flounder commercial fishery minimum mesh size regulations. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year. The intent of these measures is to constrain recreational catch to established limits and prevent overfishing of the summer flounder, scup, and black sea bass resources, to reduce unnecessary commercial discards by allowing more incidentally caught scup to be retained by vessels, and to correct inaccuracies within the summer flounder mesh regulations.

NMFS is implementing final specifications for the 2016-2018 bluefish fishery, including catch restrictions for commercial and recreational fisheries. This action is necessary to comply with the implementing regulations for the Bluefish Fishery Management Plan that require us to publish specifications. The intent of this action is to implement specifications necessary to constrain harvest of this species within scientifically sound recommendations to prevent overfishing.