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

The Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding twenty-three entities to the Entity List. The twenty-three entities who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. BIS is taking this action to ensure the efficacy of existing sanctions on the Russian Federation (Russia) for violating international law and fueling the conflict in eastern Ukraine. These entities will be listed on the Entity List under the destinations of Russia and the Crimea region of Ukraine. In addition to the Entity List changes described above, this final rule revises the licensing policy in three sections of the Commerce Control List (CCL)-based controls in the EAR to clarify that BIS's review of license applications for exports, reexports and transfers (in-country) to Russia will take into account and protect U.S. national security interests.

This final rule implements status quo commercial quotas for the Atlantic surfclam and ocean quahog fisheries for 2017, suspends the minimum shell size for Atlantic surfclams for 2017, and provides projected status quo quotas for 2018. This action is necessary to establish allowable harvest levels of Atlantic surfclams and ocean quahogs that will prevent overfishing and allow harvesting of optimum yield.

We, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (Services when referring to both, and Service when referring to when the action is taken by one agency), announce revisions to the Candidate Conservation Agreements with Assurances policy under the Endangered Species Act of 1973, as amended. We added a definition of ``net conservation benefit'' to this policy and eliminated references to the confusing requirement of ``other necessary properties'' to clarify the level of conservation effort each agreement needs to include in order for the Services to approve an agreement. In a separate document published in today's Federal Register, the U.S. Fish and Wildlife Service changed its regulations regarding Candidate Conservation Agreements with Assurances to make them consistent with these changes to the policy.

The South Atlantic Fishery Management Council (Council) will hold a series of public hearings/scoping meetings on four amendments to the Snapper Grouper Fishery Management Plan (FMP) for the South Atlantic Region: Amendment 43 addressing management options for red snapper and recreational reporting; Vision Blueprint Regulatory Amendment 26 addressing recreational management options based on the Council's Vision Blueprint for the Snapper Grouper Fishery; Vision Blueprint Regulatory Amendment 27 addressing commercial management options based on the Council's Vision Blueprint for the Snapper Grouper Fishery; and Amendment 44 addressing management measures for yellowtail snapper including allocations. Scoping comments will be accepted for Snapper Grouper Amendment 43 and the Vision Blueprint amendments. Public hearing comments will be accepted for Amendment 44. The Council will hold a Question & Answer Session via Webinar for measures proposed in Amendment 44 for yellowtail snapper and possible management actions pertaining to red snapper and recreational reporting to be addressed in Amendment 43.

The Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules (``solar cells''), from the People's Republic of China (``PRC''). The period of review (``POR'') is December 1, 2014 through November 30, 2015. The administrative review covers two mandatory respondents: (1) Canadian Solar International Limited, which we have preliminarily treated as a single entity with five affiliated companies identified below, and (2) the collapsed entity Trina Solar, consisting of Changzhou Trina Solar Energy Co., Ltd. and Trina Solar (Changzhou) Science & Technology Co., Ltd., which we have preliminarily continued to treat as a single entity with five additional affiliated companies identified below. The Department preliminarily finds that both mandatory respondents sold subject merchandise in the United States at prices below normal value (``NV'') during the POR. Interested parties are invited to comment on these preliminary results.

NMFS announces its intent to conduct 5-year reviews for the black abalone (Haliotis cracherodii) and the white abalone (Haliotis sorenseni) under the Endangered Species Act of 1973, as amended (ESA). Both the black abalone and white abalone are listed as endangered under the ESA. NMFS is required by the ESA to conduct 5-year reviews to ensure that the listing classifications of the species are accurate. The 5-year reviews must be based on the best scientific and commercial data available at the time. We request submission of any such information on black abalone and white abalone, particularly information on the status, threats, and recovery of the species that has become available since the final listing decision for white abalone in May 2001 and black abalone in January 2009.

The United States Patent and Trademark Office (USPTO) implemented a pilot program (Extended Missing Parts Pilot Program) in which an applicant, under certain conditions, can request a 12-month time period to pay the search fee, the examination fee, any excess claim fees, and the surcharge (for the late submission of the search fee and the examination fee) in a nonprovisional application. The Extended Missing Parts Pilot Program benefits applicants by permitting additional time to determine if patent protection should be soughtat a relatively low costand by permitting applicants to focus efforts on commercialization during this period. The Extended Missing Parts Pilot Program benefits the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which applicants later decide not to pursue examination. While the USPTO has not yet completed its evaluation of the program, the number of participants in the program over the past several years indicates that there may be sufficient benefits to the patent community. Thus, the USPTO is extending the Extended Missing Parts Pilot Program until January 2, 2018, to allow the USPTO to continue its evaluation of the pilot program. The requirements of the program have not changed.

On November 23, 2016, the United States Court of International Trade (the Court) sustained the final second remand redetermination pertaining to the administrative review of the antidumping duty order on Chlorinated Isocyanurates from the People's Republic of China (PRC) for the period of review of June 1, 2010, through May 31, 2011.\1\ 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 of Commerce (the Department) is notifying the public that the final judgment in this case is not in harmony with the 2010-2011 AR Final Results,\2\ and that the Department is amending the 2010-2011 AR Final Results with respect to the weighted-average dumping margin assigned to both Juangcheng Kangtai Chemical Co. Ltd. (Kangtai), and Hebei Jiheng Chemical Co., Ltd. (Jiheng).

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.

This notice announces a public meeting of the Commerce Spectrum Management Advisory Committee (Committee). The Committee provides advice to the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration (NTIA) on spectrum management policy matters.

The Secretary of Commerce is requesting nomination of individuals to the Commerce Data Advisory Council. The Secretary will consider nominations received in response to this notice, as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides committee and membership criterial

The U.S. & Foreign Commercial Service (US&FCS) within the International Trade Administration (ITA) is seeking comment on its proposal to adjust user fees in light of an independent cost study which concluded that the US&FCS is not fully covering its costs for providing services under the current fee structure, as provided in the Office of Management and Budget (OMB) Circular A-25. ITA provides a wide range of export and investment promotion information and services to U.S. individuals and entities. The services considered here are a subset of ITA activities that involve relatively more intensive time engagements with particular client firms; ITA will continue to provide information and services that are less intensive and/or benefit the general public without charge. As part of this proposal, US&FCS also proposes to revise the standards related to company size for determining the fees to be charged.

The Department of Commerce (Department) is amending the final results of the new shipper review (NSR) of the antidumping duty order on certain cased pencils from the People's Republic of China (PRC) to correct ministerial errors. The Department has reviewed Wah Yuen's allegation and determined that there were errors in the calculation of Wah Yuen's weighted-average dumping margin.

This notice announces cancellation of the December 21 meeting of the Civil Nuclear Trade Advisory Committee (CINTAC).

The Bureau of the Census (Census Bureau) is hereby giving notice that the Secretary of Commerce has determined that the establishment of the Census Bureau 2020 Advisory Committee is necessary and in the public interest. The Committee will function solely as an advisory body and in compliance with provisions of the Federal Advisory Committee Act. Copies of the charter will be filed with the appropriate Committees of the U.S. Congress and with the Library of Congress.

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 (PRA) of 1995.

On June 13, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on welded carbon steel standard pipe and tube products (welded pipe and tube) from Turkey. The period of review (POR) is May 1, 2014 through April 30, 2015. Based on our analysis of the comments received, we have made certain changes in the margin calculations. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled, ``Final Results of the Review.'' Further, we continue to find that Erbosan and Yucel Group had no reviewable shipments of subject merchandise during the POR.

NMFS has received a revised application for ITRs from the Bureau of Ocean Energy Management (BOEM), on behalf of oil and gas industry operators. The specified activity considered in the application is geophysical survey activity conducted in the Gulf of Mexico (GOM), over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of BOEM's request for the development of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on BOEM's application. The original notice announcing receipt of the revised application (81 FR 88664; December 8, 2016) indicated that comments and information must be received no later than January 9, 2017, which allowed 30 days for public input. We subsequently received a request to extend the comment period by a period of 14 days and have granted that request.

NMFS issues regulations to implement Amendment 47 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) and to make minor clarifications to regulations implementing the Crab FMP. This final rule addresses how individual processing quota (IPQ) use caps apply to the Bering Sea Chionoecetes bairdi Tanner crab fisheries: the eastern C. bairdi Tanner (EBT) and the western C. bairdi Tanner (WBT). This regulation exempts EBT and WBT IPQ crab that is custom processed at a facility through contractual arrangements with the processing facility owners from being applied against the IPQ use cap of the processing facility owners, thereby allowing a facility to process more crab without triggering the IPQ use cap. This exemption is necessary to allow all of the EBT and WBT Class A individual fishing quota crab to be processed at the facilities currently processing EBT and WBT crab, and will have significant positive economic effects on the fishermen, processors, and communities that participate in the EBT and WBT fisheries. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Crab FMP, and other applicable law.

The Gulf of Mexico Fishery Management Council will hold a one and a half day meeting of its Standing, Reef Fish, Coastal Migratory Pelagics (CMP) and Socioeconomics Scientific and Statistical Committees (SSC).

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.

In March 2016, National Institute of Standards and Technology (NIST) and ASTM International announced a new international standard that can ``map'' the critically important environmental aspects of manufacturing processes, leading to significant improvements in sustainability while keeping a product's life cycle low cost and efficient. Sustainability for manufacturing is beginning to be addressed through the recently approved ASTM Standard Guide for Characterizing Environmental Aspects of Manufacturing Processes (ASTM E60.13 E3012-16). The standard provides a science-based, systematic approach to capture and describe information about the environmental aspects for any manufacturing production process or group of processes, and then use that data to make informed decisions on improvements. NIST is announcing the Reusable Abstractions of Manufacturing Processes (RAMP) Challenge, with support from ASTM International, the National Science Foundation (NSF), and the American Society of Mechanical Engineers (ASME) Manufacturing Science and Engineering Conference (MSEC) Organizing Committee, to familiarize the community with a recent standard for modeling manufacturing processes that was developed under the ASTM's E60.13 Subcommittee on Sustainable Manufacturing. The RAMP Challenge calls on participants (either as an individual or as a team) to model any manufacturing process and demonstrate application of the ASTM E3012-16 Unit Manufacturing Process (UMP) representation for purposes of information sharing and sustainability assessment. The RAMP Challenge will provide an opportunity for participants to put this standard into practice in modeling a process of their own interest, and to share experiences in applying the standard across a variety of processes. Formal methods for acquiring and exchanging information about manufacturing processes will lead to consistent characterizations and help establish a collection for reuse of these models. Standard methods will ensure effective communication of computational analytics and sharing of sustainability performance data. Results of the competition will assist in demonstrating the use of a reusable standard format leading to models suitable for automated inclusion in a system analysis, such as a system simulation model or an optimization program.

The National Institute of Standards and Technology (NIST) invites organizations to provide products and technical expertise to support and demonstrate security platforms for the Multifactor Authentication for e-Commerce Project for the retail 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 retail sector program. Participation in the Multifactor Authentication for e-Commerce Project is open to all interested organizations.