Department of Commerce 2016 – Federal Register Recent Federal Regulation Documents

NMFS is exchanging unused flathead sole and rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2016 total allowable catch of yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

The United States Patent and Trademark Office published a document in the Federal Register on August 22, 2016, concerning requests for comments on a Pro Bono Survey. The Pro Bono Survey is used by the Pro Bono Advisory Council (PBAC) and the USPTO to provide information to the USPTO regarding the current status and effectiveness of each region's pro bono hub. The document contained an incorrect cost burden based on the estimate of the hourly burden rate. The hourly rate estimate should use the Bureau of Labor Statistics hourly wage for lawyers instead of the American Intellectual Property Law Association hourly wage for intellectual property lawyers.

Through this notice of proposed rulemaking (``NPRM''), the Economic Development Administration (``EDA,'' or ``the Agency''), U.S. Department of Commerce (``DOC''), proposes and requests comments on the Agency's implementation of section 26 of the Stevenson-Wydler Technology Innovation Act of 1980 (the ``Stevenson-Wydler Act''), enacted as part of the America COMPETES Reauthorization Act of 2010 (``COMPETES Act''). The Stevenson-Wydler Act authorizes EDA to provide loan guarantees for obligations to small- and medium-sized manufacturers for the use or production of innovative technologies. These guarantees will enable innovative technology manufacturers to obtain capital otherwise unavailable to them.

This document serves as notice to state and local governments and to other federal agencies that, beginning on September 30, 2018, the Bureau of the Census (Census Bureau) will temporarily suspend the Special Census Program for five yearsthe two years preceding the decennial census, the decennial census year and the two years following it to accommodate the taking of the 2020 Decennial Census. The Census Bureau will announce, in a future Federal Register notice, the date that the program resumes. The Census Bureau plans to resume the program in the year 2022, after the 2020 Census data becomes available, for those entities that desire the service, provided that any and all costs associated with this work are borne by the local governmental entity.

This notice responds to Section 209 of the Sea Grant Program Improvement Act of 1976 (Pub. L. 94-461, 33 U.S.C. 1128), which requires the Secretary of Commerce (Secretary) to solicit nominations at least once a year for membership on the National Sea Grant Advisory Board (Board), a Federal Advisory Committee that provides advice on the implementation of the National Sea Grant College Program (NSGCP). To apply for membership to the Board, applicants should submit a current resume to Mrs. Jennifer Hinden using the methods under the FOR FURTHER INFORMATION CONTACT section. A cover letter highlighting specific areas of expertise relevant to the purpose of the Board is helpful, but not required. National Oceanic and Atmospheric Administration (NOAA) is an equal opportunity employer. This notice also sets forth the schedule and proposed agenda of a forthcoming meeting of the Board. Board members will discuss and provide advice on the NSGCP in the areas of program evaluation, strategic planning, education and extension, science and technology programs, and other matters as described in the agenda found on the National Sea Grant College Program Web site at https:// seagrant.noaa.gov/WhoWeAre/Leadership/NationalSeaGrantAdvisor yBoard/ UpcomingAdvisoryBoardMeetings.aspx.

The Science Advisory Board (SAB) was established by a Decision Memorandum dated September 25, 1997, and is the only Federal Advisory Committee with responsibility to advise the Under Secretary of Commerce for Oceans and Atmosphere on strategies for research, education, and application of science to operations and information services. SAB activities and advice provide necessary input to ensure that National Oceanic and Atmospheric Administration (NOAA) science programs are of the highest quality and provide optimal support to resource management. Time and Date: The meeting will be held Thursday November 17, 2016 from 9:45 a.m. EST to 5:45 p.m. EST and on Friday November 18, 2016 from 8:30 a.m. EST to 1:45 p.m. EST. These times and the agenda topics described below are subject to change. Please refer to the Web page www.sab.noaa.gov/SABMeetings.aspx for the most up-to-date meeting times and agenda. Place: The meeting will be held at The Nature Conservancy, 4245 North Fairfax Drive, Suite 100, Arlington, Virginia 22203. Status: The meeting will be open to public participation with a 15- minute public comment period on November 17 from 5:30-5:45 p.m. EST (check Web site to confirm time). The SAB expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to a total time of two (2) minutes. Individuals or groups planning to make a verbal presentation should contact the SAB Executive Director by November 10, 2016 to schedule their presentation. Written comments should be received in the SAB Executive Director's Office by November 10, 2016, to provide sufficient time for SAB review. Written comments received by the SAB Executive Director after November 10, 2016, will be distributed to the SAB, but may not be reviewed prior to the meeting date. Seating at the meeting will be available on a first-come, first- served basis. Special Accommodations: These meetings are physically accessible to people with disabilities. Requests for special accommodations may be directed no later than 12:00 p.m. on November 10, 2016, to Dr. Cynthia Decker, SAB Executive Director, SSMC3, Room 11230, 1315 East-West Highway, Silver Spring, MD 20910; Email: Cynthia.Decker@noaa.gov. Matters To Be Considered: The meeting will include the following topics: (1) Report from the Review of the Cooperative Institute for Research in Environmental Sciences (CIRES); (2) Updates from the NOAA Administrator and Chief Scientist; (3) Discussion on the Ecosystem Services Valuation Report; (4) Discussion on the GOES-R Level 0 Data report; (5) Discussion on RESTORE Act Metrics and Communication report; (6) SAB Strategy Discussion and Implications for NOAA; and (7) Discussion of the SAB Working Group Concept of Operations.

Based on affirmative final determinations by the Department of Commerce (the Department) and the U.S. International Trade Commission (the ITC), the Department is issuing antidumping duty (AD) orders on certain cold-rolled steel flat products (cold-rolled steel) from Brazil, India, the Republic of Korea (Korea), and the United Kingdom. In addition, the Department is amending its final determinations of sales at less-than-fair value (LTFV) from Brazil and the United Kingdom, to correct ministerial errors.

NMFS has received a request from the Sonoma County Water Agency (SCWA) for authorization to take marine mammals incidental to conducting estuary management activities in the Russian River, CA, over the course of five years. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of SCWA's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on SCWA's application and request.

The First Responder Network Authority (``FirstNet'') announces the availability of the Draft Programmatic Environmental Impact Statement for the West Region (``Draft PEIS''). FirstNet also announces a series of public meetings to be held throughout the West Region to receive comments on the Draft PEIS. The Draft PEIS evaluates the potential environmental impacts of the proposed nationwide public safety broadband network in the West Region, composed of Arizona, California, Idaho, Nevada, Oregon, and Washington.

The Bureau of Industry and Security (BIS) maintains, as part of its Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies certain items subject to Department of Commerce jurisdiction. This final rule revises the CCL, as well as corresponding parts of the EAR, to implement changes made to the Wassenaar Arrangement's List of Dual-Use Goods and Technologies (WA List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2015 WA Plenary Meeting (the Plenary). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. This rule harmonizes the CCL with the changes made to the WA List at the Plenary by revising Export Control Classification Numbers (ECCNs) controlled for national security reasons in each category of the CCL, as well as making other associated changes to the EAR. The changes to the WA List include raising the Adjusted Peak Performance (APP) for high performance computers. The President's report for High Performance Computers was sent to Congress on June 1, 2016, to set forth the new APP in accordance with the National Defense Authorization Act (NDAA) for FY1998. This rule also makes changes to the EAR that were not agreed to at the WA Plenary. APP parameters are amended in several places in the EAR by this rule, such as APP parameters in the de minimis rules, License Exception APP, and related reporting requirements. BIS is also updating license requirements and policies associated with Category 5Part 2, including revising Export Control Classification Numbers 5A992, 5D992 and 5E992. In addition, this rule removes the Foreign National Review requirement associated with deemed exports under License Exceptions APP and CIV.

The U.S. Department of Commerce announces the development of a toolkit to promote the deployment of U.S. smart grid technologies and services to be launched in FY2017. Through this Notice, the Department of Commerce seeks broad input from all interested stakeholders regarding the most frequently requested ``use cases'' by electric utilities for inclusion in a web-based U.S. Smart Grid Solutions Toolkit. The U.S. Smart Grid Solutions Toolkit (``Toolkit'') is intended to be used by foreign energy officials and foreign end-users of smart grid technologies. The Toolkit will outline U.S. approaches to a series of electric utility use cases and highlight participating U.S. vendors of relevant U.S. smart grid technologies and services. The Toolkit will support the President's National Export Initiative by fostering export opportunities for the U.S. energy industry.

In accordance with the Privacy Act of 1974, as amended, Title 5 United States Code (U.S.C.) 552a(e)(4) and (11); and Office of Management and Budget (OMB) Circular A-130, Appendix I, Federal Agency Responsibilities for Maintaining Records About Individuals, the Department of Commerce proposes to amend the system of records entitled: ``COMMERCE/DEPT-25, Access Control and Identity Management System.'' Based on a review of the system of records notice, the Department is making necessary administrative updates to the sections entitled ``SYSTEM LOCATION,'' ``SECURITY CLASSIFICATION,'' and ``NOTIFICATION PROCEDURE.''

We, NMFS, propose to list the Maui's dolphin (Cephalorhynchus hectori maui) as endangered and the South Island Hector's dolphin (C. hectori hectori) as threatened under the Endangered Species Act (ESA). We have reviewed the best available scientific and commercial data and completed a comprehensive status review for these two subspecies of Hector's dolphin (C. hectori). The Maui's dolphin faces serious demographic risks due to critically low abundance, a low population growth rate, a restricted range, low genetic diversity, and ongoing threats such as bycatch in commercial and recreational gillnets. We have determined Maui's dolphin is currently in danger of extinction throughout its range and, therefore, meets the definition of an endangered species. The relatively more abundant and more widely distributed South Island Hector's dolphin has experienced large historical declines and is expected to continue to slowly decline due to bycatch and other lesser threats, such as disease and impacts associated with tourism. We have determined that this subspecies is not currently in danger of extinction throughout all or a significant portion of its range, but is likely to become so within the foreseeable future; and therefore, it meets the definition of a threatened species. Both subspecies occur only in New Zealand. We are authorized to designate critical habitat within U.S. jurisdiction only, and we are not aware of any areas within U.S jurisdiction that may meet the definition of critical habitat under the ESA. Therefore, we are not proposing to designate critical habitat. We are soliciting public comments on our status review report and proposal to list these two subspecies.

The Department of Commerce (the Department) completed the administrative review (AR) and new shipper review (NSR) of the countervailing duty (CVD) order on cut-to-length carbon-quality steel plate (CTL Plate) from the Republic of Korea for the January 1, 2014, through December 31, 2014, period of review (POR). Based on our analysis of the comments received, the Department determined that Dongkuk Steel Mill Co., Ltd. (DSM), the firm examined in the AR, and Hyundai Steel Company Ltd. (Hyundai Steel), the firm examined in the NSR, each received a de minimis net subsidy rate during the POR. The final net subsidy rates are listed below in the ``Final Results of Review'' section.

On May 13, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on solid fertilizer grade ammonium nitrate (ammonium nitrate) from the Russian Federation. We invited interested parties to comment; we received no comments or requests for a hearing. Therefore, for the final results, we continue to find that sales of subject merchandise by JSC Acron and its affiliate JSC Dorogobuzh (collectively, Acron) have not been made at prices below normal value (NV) during the period of review (POR). Further, we continue to find that MCC EuroChem and its affiliates OJSC NAK Azot and OJSC Nevinnomyssky Azot (collectively, EuroChem) made no shipments of subject merchandise during the POR.

NMFS is exchanging allocations of Amendment 80 cooperative quota (CQ) for Amendment 80 acceptable biological catch (ABC) reserves. This action is necessary to allow the 2016 total allowable catch of flathead sole, rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

The Gulf of Mexico Fishery Management Council will hold a meeting of its Reef Fish Advisory Panel (AP).

The Western Pacific Fishery Management Council (Council) will hold its 124th Scientific and Statistical Committee (SSC) meeting, Fishing Industry Advisory Committee and its 168th Council meeting to take actions on fishery management issues in the Western Pacific Region.

The SEDAR 53 assessment of the South Atlantic stock of red grouper will consist of a series Webinars.

In this final rule, NMFS specifies a 2016 limit of 2,000 mt of longline-caught bigeye tuna for each U.S. participating territory (American Samoa, Guam, and the Northern Mariana Islands). NMFS will allow each territory to allocate up to 1,000 mt each year to U.S. longline fishing vessels in a valid specified fishing agreement. As an accountability measure, NMFS will monitor, attribute, and restrict (if necessary), catches of longline-caught bigeye tuna, including catches made under a specified fishing agreement. These catch limits and accountability measures support the long-term sustainability of fishery resources of the U.S. Pacific Islands and fisheries development in the U.S. territories.