Department of Commerce August 2020 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Annual Report From Foreign-Trade Zones
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
American Workforce Policy Advisory Board; Meeting
The Office of the Under Secretary for Economic Affairs announces the seventh meeting of the American Workforce Policy Advisory Board (Advisory Board). Discussions of the Advisory Board will include its progress toward achieving the goals set at its inaugural meeting on March 6, 2019, as well as other Advisory Board matters.
Marine Mammals; File No. 21476
Notice is hereby given that Lars Bejder, Ph.D., University of Hawaii at Manoa, 46-007 Lilipuna Road, Kaneohe, HI 96744, has applied for an amendment to Scientific Research Permit No. 21476.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Atlantic Highly Migratory Species Individual Bluefin Tuna Quota (IBQ) Tracking and Appeals
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements, and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Guidelines for Safely Deterring Marine Mammals
The Marine Mammal Protection Act (MMPA) allows for specified persons to employ measures to deter marine mammals from damaging fishing gear and catch, damaging personal or public property, or endangering personal safety, as long as these measures do not result in death or serious injury of marine mammals. The MMPA directs the Secretary of Commerce, through NOAA's NMFS, to publish a list of ``guidelines'' for use in safely deterring marine mammals under NMFS' jurisdiction and to recommend ``specific measures,'' which may be used to nonlethally deter marine mammals listed under the Endangered Species Act (ESA). While the guidelines and specific measures are not mandatory, the MMPA provides protection from liability under the MMPA for take resulting from such deterrence measures by specifying that any actions taken to deter marine mammals that are consistent with the guidelines or specific measures are not a violation of the act. NMFS has not evaluated these deterrents for effectiveness. This rulemaking also includes prohibitions on certain deterrent methods that NMFS has determined, using the best available scientific information, would have a significant adverse effect on marine mammals.
NTIA 2020 Spectrum Policy Symposium
The National Telecommunications and Information Administration (NTIA), U.S. Department of Commerce, will host a virtual, online symposium on September 22, 2020, focusing on national spectrum policy development and the evolution of new techniques and technologies for federal spectrum management including spectrum sharing.
2020 Annual Determination To Implement the Sea Turtle Observer Requirement
The National Marine Fisheries Service (NMFS) publishes the final Annual Determination (AD) for 2020, pursuant to its authority under the Endangered Species Act (ESA or Act). Through the AD, NMFS identifies U.S. fisheries operating in the Atlantic Ocean, Gulf of Mexico, and Pacific Ocean that will be required to take fisheries observers upon NMFS' request. The purpose of observing identified fisheries is to learn more about sea turtle bycatch in a given fishery, evaluate measures to prevent or reduce sea turtle bycatch, and implement the prohibition against sea turtle takes. Fisheries identified on the 2020 AD (see Table 1) will remain on the AD for a five-year period from the effective date of the final determination and will be required to carry observers upon NMFS' request.
Certain Non-Refillable Steel Cylinders From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain non-refillable steel cylinders (non-refillable cylinders) from the People's Republic of China (China) during the period of investigation January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination.
Corporation for Travel Promotion Board of Directors
The Department of Commerce is currently seeking applications from travel and tourism leaders from specific industries for membership on the Board of Directors (Board) of the Corporation for Travel Promotion (doing business as Brand USA). The purpose of the Board is to guide the Corporation for Travel Promotion on matters relating to the promotion of the United States as a travel destination and communication of travel facilitation issues, among other tasks.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Office of Naval Research Arctic Research Activities
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a Renewal incidental harassment authorization (IHA) to the U.S. Navy's Office of Naval Research (ONR) to harass marine mammals incidental to Arctic Research Activities in the Beaufort and Chukchi Seas.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird Research Activities in Central California
NMFS has received a request from Point Blue Conservation Science (Point Blue), for authorization to take marine mammals incidental to conducting seabird research activities in central California. Point Blue's activities are identical to activities previously analyzed and for which take was authorized by NMFS. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council (Council) Crab Plan Team will meet September 14, 2020 through September 17, 2020.
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council (Council) will hold a three-day meeting via webinar of its Standing, Reef Fish, Ecosystem and Socioeconomic Scientific and Statistical Committees (SSC)
Gulf of Mexico Fishery Management Council; Public Meeting
The Gulf of Mexico Fishery Management Council will hold a meeting of its Law Enforcement Technical Committee (LETC), in conjunction with the Gulf States Marine Fisheries Commission's (GSMFC) Law Enforcement Committee (LEC).
Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting
The Mid-Atlantic Fishery Management Council's Spiny Dogfish Monitoring Committee will hold a public meeting to review annual specifications and management measures, and make any appropriate recommendations.
South Atlantic Fishery Management Council; Public Meetings
The South Atlantic Fishery Management Council (Council) will hold meetings of the following: Snapper Grouper Committee; Southeast Data, Assessment and Review (SEDAR) Committee; Dolphin Wahoo Committee; and Executive Committee (partially Closed Session). The meeting week will also include a formal public comment session and a meeting of the Full Council (with a partially Closed Session). Due to public health concerns associated with COVID-19 and current travel restrictions, the meeting originally planned for Charleston, SC will be held via webinar.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to National Wildlife Refuge Complex Research, Monitoring, and Maintenance Activities in Massachusetts
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued a Renewal incidental harassment authorization (IHA) to the U.S. Fish and Wildlife Service (USFWS) to incidentally harass marine mammals incidental to conducting biological research, monitoring, and maintenance at the Eastern Massachusetts (MA) National Wildlife Refuge Complex (Complex).
Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance
The Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of the firms contributed importantly to the total or partial separation of the firms' workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.
Fisheries Off West Coast States; Delay Implementation of West Coast Groundfish Electronic Monitoring Program
This proposed rule would revise regulations to delay implementation of the Electronic Monitoring (EM) Program for the West Coast Groundfish Trawl Rationalization Program. This action would delay implementation of the EM Program to January 1, 2022. NMFS is proposing this change to provide additional time for industry and prospective service providers to prepare for implementation, as it is expected to strengthen Council and industry support for the EM program and may increase participation when it is implemented in 2022.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southwest Fisheries Science Center Fisheries Research
NMFS's Office of Protected Resources (OPR) has received a request from NMFS's Southwest Fisheries Science Center (SWFSC) for authorization to take marine mammals incidental to fisheries research conducted in multiple specified geographical regions, over the course of five years from the date of issuance. As required by the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take, and requests comments on the proposed regulations. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.
Identification and Review of Controls for Certain Foundational Technologies
The Bureau of Industry and Security (BIS) controls the export, reexport, and transfer (in-country) of dual-use and certain military items through the Export Administration Regulations (EAR), including the Commerce Control List (CCL). Many items (commodities, software, and technology) subject to the jurisdiction of the EAR are listed on the CCL. Pursuant to the Export Control Reform Act of 2018, BIS and its interagency partners are engaged in a process to identify emerging and foundational technologies that are essential to the national security of the United States. Foundational technologies essential to the national security are those that may warrant stricter controls if a present or potential application or capability of that technology poses a national security threat to the United States. In order to determine if technologies are foundational, BIS will evaluate specific items, including items currently subject only to anti-terrorism (AT) controls on the CCL or those designated as EAR99. This ANPRM seeks public comment on the definition of, and criteria for, identifying foundational technologies. Comments on this ANPRM will help inform the interagency process to identify and describe such foundational technologies.
Addition of Entities to the Entity List, and Revision of Entries on the Entity List
In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding sixty entities, under a total of sixty-one entries, to the Entity List. These sixty entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These entities will be listed on the Entity List under the destinations of the People's Republic of China (China), France, Hong Kong, Indonesia, Malaysia, Oman, Pakistan, Russia, Switzerland and the United Arab Emirates (U.A.E.). This rule also revises five existing entries on the Entity list, one each under the destinations of Canada, Germany, Hong Kong, Iran, and the U.A.E.
Carbon and Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago: Continuation of Antidumping Duty Orders and Countervailing Duty Order
As a result of the determinations by the Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on carbon and certain alloy steel wire rod (wire rod) from Brazil, Indonesia, Mexico, Moldova, and Trinidad and Tobago and revocation of the countervailing duty (CVD) order on wire rod from Brazil would likely lead to continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders and the CVD order.
Hydrographic Services Review Panel Meeting
This serves as notice of a virtual public meeting for the NOAA Hydrographic Services Review Panel (HSRP) on September 23, 2020, 1-5:30 p.m. EDT, and September 24, 2020, 1-5 p.m. EDT via webinar. The HSRP will be asked for advice and recommendations on the development of the implementation plans for the two ocean and coastal mapping strategies noted below and other HSRP meeting topics. Individuals or groups who also want to comment on these or other NOAA navigation services topics are encouraged to submit advance public comments and letters via email no later than September 15, 2020.
Public Information Session Regarding Atlantic Bluefin Tuna Stock Assessment
NMFS is holding a public conference call and webinar for the Advisory Committee to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT) and other interested stakeholders to provide an update on the status of recent work by the Standing Committee on Research and Statistics (SCRS) Bluefin Tuna Species Group to assess the western Atlantic and eastern Atlantic/ Mediterranean bluefin tuna stocks.
Marine Mammals; File No. 23644
Notice is hereby given that Iain Kerr, Ocean Alliance, 32 Horton Street, Gloucester, MA 01930, has applied in due form for a permit to conduct research on 22 cetacean species including endangered or threatened blue whales (Balaenoptera musculus), Gulf of Mexico Bryde's whales (B. edeni), fin whales (B. physalus), Hawaii insular false killer whales (Pseudorca crassidens), humpback whales (Megaptera novaeangliae), North Atlantic right whales (Eubalaena glacialis), sei whales (B. borealis), Southern right whales (E. australis), sperm whales (Physeter macrocephalus), and Western North Pacific gray whales (Eschrichtius robustus).
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Import, End-User, Delivery Verification Certificates and Firearms Entry Clearance Requirements
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Difluoromethane (R-32) From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
The Department of Commerce (Commerce) preliminarily determines that Difluoromethane (R-32) from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination.
Notice of Availability of a Record of Decision
The National Oceanic and Atmospheric Administration's (NOAA's) National Ocean Service (NOS) announces the availability of the Record of Decision (ROD) for the Coral Reef Conservation Program's (CRCP's) final Programmatic Environmental Impact Statement (PEIS). On August 20, 2020, the NOS Acting Assistant Administrator signed the ROD, which constitutes the agency's final decision.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, and Office of Management and Budget (OMB) Circular A-108, ``Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act,'' the Department of Commerce (Department) is issuing this notice of intent to modify a system of records, COMMERCE/CENSUS-5, Decennial Census Programs.
Privacy Act of 1974; Amended System of Records
This notice announces the Department of Commerce's (Department) proposal to amend the system of records entitled ``COMMERCE/NOAA-19, Permits and Registrations for United States Federally Regulated Fisheries,'' under the Privacy Act of 1974, and the Office of Management and Budget (OMB) Circular A-108, ``Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act.'' The National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service (NMFS) is revising its system of records for use with a variety of fisheries management programs, adding information on a new permit, including an amendment and two new routine uses in accordance with the Notice to amend all SORNs, OMB Memorandum M-17-12 (Requirements to Breach Response), and a draft Notice regarding student volunteers. This revised record system is necessary to identify participants in the fisheries and to evaluate the qualifications of the applicants. We invite public comment on the amended system announced in this publication.
Atlantic Highly Migratory Species; Draft Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan
NMFS announces the availability of Draft Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP). The Draft Amendment responds to revisions to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) National Standard (NS) guidelines, a rulemaking addressing reporting methodologies for bycatch as defined under the Magnuson- Stevens Act, and recent NMFS policy directives which aim to improve and streamline fishery management procedures to enhance their utility for managers and the public. This draft amendment does not include a proposed rule or regulatory text. Any operational changes to fishery management measures as a result of Amendment 12 would be considered in future rulemakings, as appropriate.
Carbazole Violet Pigment 23 From India: Rescission of Countervailing Duty Administrative Review: 2018
The Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty (CVD) order on carbazole violet pigment 23 (CVP-23) from India for the period of review (POR) January 1, 2018 through December 31, 2018, based on the timely withdrawal of the request for review.
Marine Mammals; Pinniped Removal Authority; Approval of Application
NMFS announces approval of an application to intentionally take, by lethal methods, California sea lions (Zalophus californianus) and Steller sea lions (Eumetopias jubatus: Eastern stock) that are located in the mainstem of the Columbia River between river mile 112 (I-205 bridge) and river mile 292 (McNary Dam), or in any tributary to the Columbia River that includes spawning habitat of threatened or endangered salmon or steelhead (Onchorynchus spp.). This action is intended to reduce or eliminate sea lion predation on species that are listed as threatened or endangered under the Endangered Species Act of 1973, and species of lamprey or sturgeon that are not listed as endangered or threatened but are listed as a species of concern. This authorization is pursuant to section 120(f) of the Marine Mammal Protection Act (MMPA). NMFS also announces availability of decision documents and other information relied upon in making this determination.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Annual Survey of School System Finances
The Department of Commerce, in accordance with the Paperwork Reduction Act (PRA) of 1995, invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment on the proposed revision of the Annual Survey of School System Finances, prior to the submission of the information collection request (ICR) to OMB for approval.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Southern Red Hake Accountability Measure
This action reduces the in-season possession limit adjustment trigger for southern red hake due to an annual catch limit overage in fishing year 2018. Reduction of the trigger is a non-discretionary action intended to minimize the potential for catch overages in the future. This action also reduces the in-season possession limit because the trigger implemented with this action has been reached. The intent of this action is to inform the public of the possession limit trigger reduction and reduction in possession limit.
Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer From VA to RI
NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2020 commercial bluefish quota to the State of Rhode Island. This quota adjustment is necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for Virginia and Rhode Island.
Certain Vertical Shaft Engines Between 99cc and up to 225cc, and Parts Thereof, From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain vertical shaft engines between 99cc and up to 225cc, and parts thereof (small vertical engines), from the People's Republic of China (China). The period of investigation is January 1, 2019 through December 31, 2019. Interested parties are invited to comment on this preliminary determination.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2020 Red Snapper Private Angling Component Accountability Measure in Federal Waters Off Texas
Through this temporary rule, NMFS implements accountability measures (AMs) for the red snapper recreational sector private angling component in the Gulf of Mexico (Gulf) off Texas for the 2020 fishing year. Based on information provided by the State of Texas Parks and Wildlife Department (TPWD), NMFS has determined that the 2019 Texas regional management area private angling component annual catch limit (ACL) for Gulf red snapper was exceeded. Therefore, NMFS reduces the 2020 private angling component ACL of Gulf red snapper for the Texas regional management area. This reduction will remain in effect through the remainder of the current fishing year on December 31, 2020, and is necessary to protect the Gulf red snapper resource.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NC to VA
NMFS announces that the State of North Carolina is transferring a portion of its 2020 commercial summer flounder quota to the Commonwealth of Virginia. This quota adjustment is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial quotas for North Carolina and Virginia.
Schedules for Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops
Free Atlantic Shark Identification Workshops and Safe Handling, Release, and Identification Workshops will be held in October, November, and December of 2020. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and to maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be conducted during 2020 and will be announced in a future notice.
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