Department of Commerce April 2017 – Federal Register Recent Federal Regulation Documents

NMFS has determined that the Atlantic bluefin tuna (BFT) daily retention limit that applies to vessels permitted in the Highly Migratory Species (HMS) Angling category and the HMS Charter/Headboat category (when fishing recreationally for BFT) should be adjusted for the remainder of 2017, based on consideration of the regulatory determination criteria regarding inseason adjustments. NMFS is adjusting the Angling category BFT daily retention limit to two school BFT and one large school/small medium BFT per vessel per day/trip for private vessels (i.e., those with HMS Angling category permits); and three school BFT and one large school/small medium BFT per vessel per day/trip for charter vessels (i.e., those with HMS Charter/Headboat permits when fishing recreationally). These retention limits are effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT.

Through this final rule, NMFS establishes fishery management measures for the 2017 ocean salmon fisheries off Washington, Oregon, and California and the 2018 salmon seasons opening earlier than May 1, 2018. The temporary rule for emergency action (emergency rule), under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), implements the 2017 annual management measures for the West Coast ocean salmon fisheries for the area from the U.S./Canada border to Cape Falcon, OR, from May 1, 2017, through October 28, 2018. The emergency rule is required because allocation of coho harvest between recreational and commercial fisheries will not be consistent with the allocation schedule specified in the Pacific Coast Salmon Fishery Management Plan (FMP) in order to limit fishery impacts on Queets coho and meet conservation and management objectives. The fishery management measures for the area from Cape Falcon, OR, to the U.S./Mexico border are consistent with the FMP and are implemented through a final rule. Specific fishery management measures vary by fishery and by area. The measures establish fishing areas, seasons, quotas, legal gear, recreational fishing days and catch limits, possession and landing restrictions, and minimum lengths for salmon taken in the U.S. exclusive economic zone (EEZ) (3-200 NM) off Washington, Oregon, and California. The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non- treaty commercial, and recreational fisheries. The measures are also intended to allow a portion of the salmon runs to escape the ocean fisheries in order to provide for spawning escapement and inside fisheries (fisheries occurring in state internal waters).

NOAA, on behalf of the Federal and state natural resource trustees for the Louisiana Trustee Implementation Group (Louisiana TIG Trustees) for the Deepwater Horizon (DWH) oil spill, is initiating two actions with this notice. First, the Louisiana TIG Trustees are announcing their intent to prepare a Strategic Restoration Plan for Barataria Basin, Louisiana, pursuant to the Deepwater Horizon Programmatic Damage Assessment and Restoration Plan and Programmatic Environmental Impact Statement (PDARP/PEIS) (Feb 2016). This Barataria Basin Strategic Restoration Plan, referred to herein as the Phase I Plan, will consider identifying habitat restoration components of the Louisiana Draft 2017 Coastal Master Plan (draft 2017 CMP) to serve as an Oil Pollution Act (OPA) Strategic Restoration Plan for restoring wetland, coastal, and nearshore habitat in Barataria Basin, Louisiana, consistent with OPA and with the Trustees' PDARP/PEIS. The Louisiana TIG Trustees will consider whether a combination of Barataria Basin habitat restoration projects in the draft 2017 CMP constitutes a preferred alternative, among other feasible alternatives, for fulfilling OPA's and the PDARP/ PEIS's intent for the trustees to address ecosystem-level injuries and to restore, rehabilitate, replace, or acquire the equivalent of the injured wetland, coastal and nearshore habitat resources and services and compensate for interim losses of those resources from the Deepwater Horizon oil spill. Any projects or suites of projects that are ultimately included in the resulting Strategic Restoration Plan will be further analyzed in subsequent phased restoration plans and their accompanying environmental impact analyses as required by OPA, NEPA, and the Trustees' PDARP/PEIS. Second, the Louisiana TIG Trustees are providing notice of the initiation of restoration planning, including analysis of the Mid- Barataria Sediment Diversion and appropriate alternatives to partially restore ecosystem and wetland, coastal and nearshore habitat resources and services in Barataria Basin, and compensate for interim losses of those resources and services, injured by the Deepwater Horizon oil spill. This potential Mid-Barataria Sediment Diversion Restoration Plan is referred to herein as the Phase 2 Plan. The Louisiana TIG Trustees are evaluating whether the Mid-Barataria Sediment Diversion is an appropriate project for restoring injuries from the Deepwater Horizon oil spill, and the Louisiana TIG Trustees anticipate that their decision in that regard will be informed by the results of the Phase 1 Plan. Further, by separate Supplemental Notice of Intent, the U.S. Army Corps of Engineers (USACE) is announcing its intent, as part of its review under section 404 of the Clean Water Act, section 10 of the Rivers and Harbors Act of 1899 (``Section 10/404''), and section 408 of the Rivers and Harbors Appropriation Act of 1899, as amended (``Section 408''), to prepare a draft Environmental Impact Statement (``EIS'') pursuant to the National Environmental Policy Act of 1969 (NEPA). USACE will use the EIS, in conjunction with other relevant materials, to inform decision-making on the Department of the Army, section 10/404 and section 408 requests for permits and permissions for the Mid- Barataria Sediment Diversion. In order to capitalize on that ongoing environmental review, the Louisiana TIG Trustees are, at this time, requesting input on the scope of the USACE EIS via the process outlined in the coordinated USACE NOI. The LA TIG is supporting the development of the USACE EIS with the potential for the EIS to serve as the EIS for the Phase 2 Restoration Plan. The Louisiana TIG Trustees will additionally seek formal public involvement in the Phase 2 Draft Restoration Plan process in accordance with applicable Federal regulations and consistent with the PDARP/PEIS.

NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals, by harassment, incidental to conducting operations of Surveillance Towed Array Sensor System (SURTASS) Low Frequency Active (LFA) sonar in areas of the world's oceans (with the exception of Arctic and Antarctic waters and certain geographic restrictions), from August 15, 2017, through August 14, 2022. The Navy's activities are considered military readiness activities pursuant to the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act for Fiscal Year 2004 (FY 2004 NDAA). Pursuant to the MMPA, NMFS is requesting comments on its proposal to issue regulations to govern the incidental take of marine mammals by Level B harassment during the specified activity.

On November 25, 2016, the Department of Commerce (the Department) received antidumping duty (AD) and countervailing duty (CVD) petitions concerning imports of certain softwood lumber products (softwood lumber) from Canada. In the petitions, the Department received timely allegations that critical circumstances exist with respect to imports of the merchandise under investigation. Based on information provided by the Committee Overseeing Action for Lumber International Trade Investigations (Petitioner), data placed on the record of these investigations by the mandatory and voluntary respondents, and data collected by the Department, the Department preliminarily determines that critical circumstances exist for imports of softwood lumber from certain producers and exporters from Canada.

Regulatory Flexibility Act (RFA) section 610 requires that the NOAA Office of National Marine Sanctuaries (ONMS) periodically review existing regulations that have a significant economic impact on a substantial number of small entities, such as small businesses, small organizations, and small governmental jurisdictions. This plan describes how ONMS will perform this review and describes the regulation proposed for review during the current review-cycle.

The Department of Commerce (Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain hardwood plywood products (hardwood plywood) from the People's Republic of China (PRC). The period of investigation is January 1, 2015, through December 31, 2015.

The Department of Commerce (the Department) has conducted an expedited review of the countervailing duty (CVD) order on supercalendered paper (SC paper) from Canada. The period of review (POR) for which we are measuring subsidies is January 1, 2014, through December 31, 2014. We determine that Irving Paper Limited received countervailable subsidies during the POR and that Catalyst received de minimis countervailable subsidies. As a result of this determination, we are excluding Catalyst from the countervailing duty order on SC paper from Canada.

As a result of these sunset reviews, the Department of Commerce (the Department) finds that revocation of the antidumping duty (AD) orders on certain cut-to-length carbon-quality steel plate (CTL plate) from India, Indonesia, and the Republic of Korea (Korea) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Sunset Reviews'' section of this notice.

NMFS proposes to approve and implement measures included in an omnibus amendment submitted by the Mid-Atlantic Fishery Management Council that would manage forage species within Mid-Atlantic Federal waters. This amendment would implement an annual landing limit, possession limits, and permitting and reporting requirements for Atlantic chub mackerel and certain previously unmanaged forage species and species groups within Mid-Atlantic Federal waters. The purpose of this action is to prevent the development of new, and the expansion of existing, commercial fisheries on certain forage species until the Council has adequate opportunity and information to evaluate the potential impacts of forage fish harvest on existing fisheries, fishing communities, and the marine ecosystem.

The SEDAR 51 assessment process of Gulf of Mexico gray snapper will consist of a Data Workshop, an Assessment Workshop and a series of assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

The National Marine Fisheries Service (NMFS) is issuing regulations under the Tuna Conventions Act to implement Inter-American Tropical Tuna Commission (IATTC or the Commission) Resolution C-16-08, which establishes limits on the U.S. commercial catch of Pacific bluefin tuna from waters of the IATTC Convention Area for 2017 and 2018. This action is necessary for the United States to satisfy its obligations as a member of the IATTC.

The National Advisory Council on Innovation and Entrepreneurship (NACIE) will hold a public meeting on Tuesday, May 2, 2017, from 1:00-3:00 p.m. Eastern Time (ET) and Wednesday, May 3, 2017, from 8:45 a.m.-12:30 p.m. ET. During this time, members will further develop their policy proposals and work plan for their two-year term. Topics to be covered include advanced manufacturing, access to capital in underserved markets, inclusive entrepreneurship, entrepreneurship education in schools and career development programs, and alignment of federal innovation and entrepreneurship programing.

The National Telecommunications and Information Administration (NTIA) issues this Notice on behalf of the First Responder Network Authority (FirstNet) to initiate the annual process to seek expressions of interest from individuals who would like to serve on the FirstNet Board. One of the 12 appointments of nonpermanent members to the FirstNet Board, expiring August 2019, is currently vacant. Additionally, four of the 12 appointments of nonpermanent members to the FirstNet Board expire in August 2017, creating a total of five available appointments to the FirstNet Board. NTIA issues this Notice to obtain expressions of interest in being selected by the Secretary to the FirstNet Board.

Notice is hereby given that Vanessa Coates, British Broadcasting Corporation (BBC) Natural History Unit, BBC Bristol, Whiteladies Road, United Kingdom BS8 2LR, has applied in due form for a permit to conduct commercial photography on killer whales (Orcinus orca), Dall's porpoise (Phocoenoides dalli), and Pacific white-sided dolphins (Lagenorhynchus obliquidens).

The National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management will hold a public meeting to solicit comments for the performance evaluation of the Jobos Bay National Estuarine Research Reserve.

The United States Travel and Tourism Advisory Board (Board) will hold an open meeting via teleconference on Tuesday, May 9, 2017. The Board advises the Secretary of Commerce on matters relating to the U.S. travel and tourism industry. The purpose of the meeting is for Board members to deliberate and potentially adopt a letter to the Secretary related to the importance of international travel and tourism to the United States.

This final rule announces the approval of the Pacific Halibut Catch Sharing Plan (Plan) and codified regulations for the International Pacific Halibut Commission's (IPHC or Commission) regulatory Area 2A off Washington, Oregon, and California (Area 2A). In addition, NMFS announces the implementation of the portions of the Plan and management measures that are not regulated through the IPHC, including the sport fishery allocations and management measures for Area 2A. The intent of this final rule is to conserve Pacific halibut, provide angler opportunity where available, and minimize bycatch of overfished groundfish species.