Department of Commerce October 2018 – Federal Register Recent Federal Regulation Documents

NMFS has received an application for a new Enhancement of Survival Permit and a request for entry into an associated proposed Safe Harbor Agreement (Agreement) between the applicant and NMFS. The proposed Enhancement of Survival Permit and Agreement are intended to promote the survival and recovery of Central California Coast (CCC) Coho Salmon (Oncorhynchus kisutch) and CCC Steelhead (O. mykiss) listed as endangered and threatened, respectively, under the Endangered Species Act (ESA). Information NMFS received as a part of the application is available upon request by contacting the NMFS West Coast Region (WCR) at its California Coastal Office in Santa Rosa, California (see FOR FURTHER INFORMATION CONTACT).

NMFS announces its intent to issue exempted fishing permits (EFPs), scientific research permits (SRPs), display permits, letters of acknowledgment (LOAs), and shark research fishery permits for Atlantic highly migratory species (HMS) in 2019. EFPs and related permits would authorize collection of a limited number of HMS, including tunas, swordfish, billfishes, and sharks, from Federal waters in the Atlantic Ocean, Caribbean Sea, and Gulf of Mexico for the purposes of scientific research, data collection, the investigation of bycatch, and public display, among other things. LOAs acknowledge that scientific research activity aboard a scientific research vessel is being conducted. Generally, EFPs and related permits would be valid from the date of issuance through December 31, 2019, unless otherwise specified, subject to the terms and conditions of individual permits. This notice also schedules a public webinar/conference call for applicants, during which NMFS will provide a general overview of the EFP program and hold a question and answer session.

The Department of Commerce (Commerce) preliminarily determines that glycine from Thailand is not being, or is not likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding one entity to the Entity List. The entity that is added to the Entity List has been determined by the U.S. Government to pose a significant risk of becoming involved in activities contrary to the national security or foreign policy interests of the United States. This entity will be listed under the destination of China.

Notice is hereby given that individuals and institutions have been issued Letters of Confirmation for activities conducted under the General Authorization for Scientific Research on marine mammals. See SUPPLEMENTARY INFORMATION for a list of names and address of recipients.

Notice is hereby given that a public meeting will be held for the purpose of providing information and receiving comments on the preliminary recommendation by the State of Connecticut that portions of the Lower Connecticut River and Eastern Long Island Sound be proposed to NOAA for designation as a National Estuarine Research Reserve. The public meeting will be held at 6 p.m. on November 13, 2018 in the Academic Building Auditorium at the University of Connecticut's Avery Point campus, located at 1084 Shennecossett Rd, Groton, CT 06340. The state agencies holding the meeting: The Connecticut Department of Energy and Environmental Protection's Coastal Management Program; the University of Connecticut; and Connecticut Sea Grant. NOAA's Office for Coastal Management will assist with the meeting. The proposed research reserve site is comprised of the following state-owned properties: Lord Cove Wildlife Management Area; Great Island Wildlife Management Area; Bluff Point State Park and Coastal Reserve and Natural Area Preserve; Haley Farm State Park; and the public trust portions of waterbodies defined by: (a) Long Island Sound ranging approximately west to east from the mouth of the Connecticut River to Mason's Island and north to south waterward of the mean high water shoreline to just shy of the Connecticut state boundary in Long Island Sound; (b) the area waterward of the mean high shoreline of the lower Thames River from approximately the Gold Star Bridge south to the area described in (a); (c) the area waterward of the mean high shoreline of the lower Connecticut River from approximately Lord Cove south to the area described in (a). The views of interested persons and organizations regarding the proposed site recommendation are solicited. This information may be expressed orally and in written statements. A presentation about the proposed site and the National Estuarine Research Reserve System will be provided. Written comments may be also be sent to: Kevin O'Brien, Connecticut Department of Energy and Environmental ProtectionLand & Water Resources Division, 79 Elm Street, Hartford, CT 06106-5127 or to: kevin.obrien@ct.gov. All written comments must be received no later than seven calendar days following the public meeting. All comments received will be considered by the State in formally nominating a site to NOAA. The research reserve system is a federal and state partnership program administered by the federal government, specifically the National Oceanic and Atmospheric Administration (NOAA). The research reserve system currently has 29 sites and protects more than 1.3 million acres of estuarine and Great Lakes habitat for long-term research, monitoring, education, and stewardship. Established by the Coastal Zone Management Act of 1972, each reserve is managed by a lead state agency or university, with input from local partners. NOAA provides partial funding and national programmatic guidance. This particular site selection effort is a culmination of several years of local, grassroots-support for a research reserve site in Connecticut. The preliminary site recommendation follows a comprehensive evaluation process that sought the views of the public, affected landowners, and other interested parties. State and local agency representatives, as well as estuarine experts, served as committee members and evaluated site proposals. The committee is recommending the Lower Connecticut River and Eastern Long Island Sound as the preferred site for the state to nominate to NOAA.

The Secretary of Commerce, through the Office of Trade and Economic Analysis (``OTEA''), issued an amended Export Trade Certificate of Review to GHC on October 16, 2018.

The Mid-Atlantic Fishery Management Council's Summer Flounder, Scup, and Black Sea Bass Monitoring Committee will hold a public meeting.

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 Request for Comments seeks public input on certain practices and procedures that the Patent Trial and Appeal Board (``PTAB'' or ``Board'') of the United States Patent and Trademark Office (``Office'' or ``USPTO'') proposes regarding motions to amend filed in inter partes reviews (``IPR''), post-grant reviews (``PGR''), and covered business method patent reviews (``CBM'') pursuant to the provisions of the Leahy-Smith America Invents Act (``AIA'') providing for trial proceedings before the Office. Specifically, the Office seeks input on a proposed amendment process that would involve a preliminary non-binding decision by the Board that provides information to the parties regarding the merits of a motion to amend, and an opportunity for a patent owner to revise its motion to amend thereafter. In addition, the Office seeks input on a proposed pilot program implementing the new amendment process. The Office also seeks input regarding whether the Office should continue to allocate the burden of persuasion regarding patentability of substitute claims as set forth in a recent informative Board decision, as well as any suggestions the public may have as to motion to amend practice before the Board generally.

The Department of Commerce (Commerce) is rescinding its administrative review of the antidumping duty order on certain circular welded non-alloy steel pipe from Mexico for the period of review (POR) November 1, 2016, through October 31, 2017.

The North Pacific Fishery Management Council's (Council) Social Science Planning Team will hold a teleconference on November 9, 2018.

The Mid-Atlantic Fishery Management Council will hold a public workshop for the purposes of addressing law enforcement issues in for- hire fisheries operations, particularly operator versus angler (client) responsibility for fisheries violations that occur on for-hire vessels and law enforcement options for addressing these and issues related to the sale of fish by private recreational anglers (particularly golden tilefish and tunas) focusing on the need for vessels selling fish to comply with U.S. Coast Guard requirements and/or Federal permits that allow for the sale of fish.

We are finalizing specifications for the 2019 commercial golden tilefish fishery, including the annual catch and total allowable landings limits. This action establishes allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Tilefish Fishery Management Plan.