Department of Commerce August 2022 – Federal Register Recent Federal Regulation Documents
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New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Ecosystem-Based Fishery Management Committee via webinar to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
Western Pacific Fishery Management Council; Public Meetings
The Western Pacific Fishery Management Council (Council) will hold its American Samoa Fishery Archipelago Fishery Ecosystem Plan (FEP) Advisory Panel (AP), Mariana Archipelago FEP-Commonwealth of the Northern Mariana Islands (CNMI) AP, Mariana Archipelago FEP-Guam AP, Fishing Industry Advisory Committee (FIAC), and the Non-Commercial Fishing Advisory Committee (NCFAC) meetings to discuss and make recommendations on fishery management issues in the Western Pacific Region.
Solicitation for Members of the Ocean Exploration Advisory Board
NOAA is soliciting nominations for Indigenous, Tribal, Native American, Alaska Native, or Native Hawaiian stakeholders from the Alaska or Pacific Ocean basin regions to join the Ocean Exploration Advisory Board (OEAB). The purpose of the OEAB is to advise the NOAA Administrator on matters pertaining to ocean exploration including (1) priority areas for survey and discovery; (2) development of a five-year strategic plan for the fields of ocean, marine, and Great Lake science, (3) exploration and discovery; and, (4) the annual review of the NOAA Ocean Exploration Competitive Grants Program process. The OEAB functions as an advisory board in accordance with the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App., with the exception of section 14. It reports to the NOAA Administrator, as directed by 33 U.S.C. 3405 and is provided staffing and other support by the NOAA Office of Ocean Exploration and Research.
Fisheries Off West Coast States; West Coast Salmon Fisheries; Amendment 23 to the Pacific Coast Salmon Fishery Management Plan
The Pacific Fishery Management Council (Council) has submitted Amendment 23 to the Pacific Coast Salmon Fishery Management Plan (Salmon FMP) to the Secretary of Commerce for review. If approved, Amendment 23 would amend the Salmon FMP's current harvest control rule (HCR) for the Southern Oregon/Northern California Coast (SONCC) Coho Salmon Evolutionarily Significant Unit (ESU).
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Tillamook South Jetty Repairs in Tillamook Bay, Oregon
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued two incidental harassment authorizations (IHAs) to the U.S. Army Corps of Engineers (USACE)Portland District (Corps) to incidentally harass, by Level A and Level B harassment only, marine mammals during construction activities associated with a Tillamook South Jetty Repairs in Tillamook Bay, Oregon.
2020 Census Tribal Consultation; Virtual Public Meeting
The Census Bureau will conduct a tribal consultation on the second and final 2010 Demonstration Data Product for the Demographic and Housing Characteristics File (DHC) on September 19, 2022, via national webinar. Feedback on this demonstration data product will help to determine the final parameter and settings for the 2020 DHC. The tribal consultation meeting reflects the Census Bureau's continuous commitment to strengthen nation-to-nation relationships with federally recognized tribes. The Census Bureau's procedures for outreach, notice, and consultation ensure involvement of tribes to the extent practicable and permitted by law before making decisions or implementing policies, rules, or programs that affect federally recognized tribal governments. These meetings are open to citizens of federally recognized tribes by invitation. The Census Bureau conducted a tribal listening session on Thursday, August 18, 2022, to prepare tribes for the September virtual tribal consultation and sent materials to the tribes to help with their analysis of the demonstration data product. The Census Bureau provided questions in preparation for the virtual tribal consultation focused on the DHC. In that regard, the Census Bureau is asking tribal governments to identify potentially problematic results from the application of disclosure avoidance to the 2010 demonstration data. Helpful feedback would include identification of tables and geographies that are acceptable and unacceptable. The purpose of the virtual tribal consultation is to hear tribes' recommendations.
Public Meeting of the National Sea Grant Advisory Board
This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Sea Grant Advisory Board (Board), a Federal Advisory Committee. Board members will discuss and provide advice on the National Sea Grant College Program (Sea Grant) 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 Sea Grant website. For more information on this Federal Advisory Committee please visit the Federal Advisory Committee database: https://www.facadatabase.gov/FACA/ FACAPublicPage. This notice also responds to the Sea Grant Program Improvement Act of 1976, which requires the Secretary of Commerce to solicit nominations at least once a year for membership on the National Sea Grant Advisory Board. To apply for membership to the Board, applicants should submit a current resume. A cover letter highlighting specific areas of expertise relevant to the purpose of the Board is helpful, but not required. Nominations will be accepted by email. NOAA is an equal opportunity employer.
Corrosion-Resistant Steel Products From India, Italy, the People's Republic of China, the Republic of Korea, and Taiwan: Continuation of the Antidumping and Countervailing Duty Orders
The U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) determined in their five-year (sunset) reviews that revocation of the antidumping duty (AD) orders on corrosion-resistant steel products (CORE) from India, Italy, the People's Republic of China (China), the Republic of Korea (Korea), and Taiwan and countervailing duty (CVD) orders on CORE from India, Italy, China, and Korea would likely lead to a continuation or recurrence of dumping and net countervailable subsidies, and material injury to an industry in the United States. As a result, Commerce is publishing a notice of continuation of these AD and CVD orders.
Sodium Nitrite From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures
The U.S. Department of Commerce (Commerce) preliminarily determines that sodium nitrite from India is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination.
Notice of Availability of the Deepwater Horizon Oil Spill Alabama Trustee Implementation Group Alabama Swift Tract Living Shoreline Project: Final Supplemental Environmental Assessment
This Alabama Trustee Implementation Group (TIG) Alabama Swift Tract Living Shoreline Project: Final Supplemental Environmental Assessment (Final Supplemental EA) describes, and in conjunction with the associated Finding of No Significant Impact (FONSI), selects the preferred restoration alternative, which consists of the removal of rocks from the Bon Secour Bay bottom near the original Swift Tract Living Shoreline Project's action area and the placement of the removed rocks on a nearby breakwater. The proposed action falls within the general scope of the purpose and need for the original Swift Tract Living Shoreline Project, which was identified and evaluated in the Deepwater Horizon Oil Spill Programmatic and Phase III Early Restoration Plan and Early Restoration Programmatic Environmental Impact Statement (Phase III ERP/PEIS). The proposed action is also consistent with the Deepwater Horizon Oil Spill Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (PDARP/PEIS), as it focuses on the restoration of injuries to Alabama's natural resources and servicesin particular to Restoration Type: ``Wetlands, Coastal, and Nearshore Habitats,'' using funds made available in early restoration and through the DWH Consent Decree. The Federal Trustees of the Alabama TIG have determined that the implementation of the Final Supplemental EA is not a major Federal action significantly affecting the quality of the human environment within the context of the National Environmental Policy Act (NEPA). Therefore, they have concluded a FONSI is appropriate, and, therefore, an Environmental Impact Statement will not be prepared.
South Atlantic Fishery Management Council; Public Hearings
The South Atlantic Fishery Management Council (Council) will hold two public hearings via webinar pertaining to Amendment 51 and Amendment 52 to the Fishery Management Plan (FMP) for the Snapper Grouper Fishery of the South Atlantic Region. These amendments address catch levels, sector allocations, and changes to management measures for the South Atlantic stocks of snowy grouper and golden tilefish, and modifications to recreational management measures for South Atlantic blueline tilefish.
Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Public Meeting
The SEDAR 82 assessment of the South Atlantic stock of Gray Triggerfish will consist of a data workshop, a series of assessment webinars, and a review workshop. See SUPPLEMENTARY INFORMATION.
South Atlantic Fishery Management Council; Public Meetings
The South Atlantic Fishery Management Council (Council) will hold meetings of the following: Snapper Grouper Committee; Mackerel Cobia Committee; and Southeast Data, Assessment and Review (SEDAR) Committee. The meeting week will also include a discussion with Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs with NOAA Fisheries, a formal public comment session, public hearings, and a meeting of the Full Council.
Soliciting Input or Suggestions on 2030 Census Preliminary Research
Early planning for the 2030 Census program began in Fiscal Year 2019 with building the program foundation and preparing for the official program kick-off and start of the Design Selection Phase in October 2021. The primary goal of the Design Selection Phase is to conduct the research, testing, and operational planning and design work to inform the selection of the 2030 Census operational design. We are issuing this notice to engage with our stakeholders on the development and implementation strategies that improve the way people participate in the 2030 Census. This notice also includes specific topics of interest to help guide input from stakeholders and other members of the public.
Barium Chloride From India: Preliminary Negative Determination of Sales at Less Than Fair Value, Postponement of Final Determination
The U.S. Department of Commerce (Commerce) preliminarily determines that barium chloride from India is not being, or is not likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 1, 2021, through December 31, 2021. Interested parties are invited to comment on this preliminary determination.
Public Meetings for Recommending a National Estuarine Research Reserve Site[S] in the Green Bay Coastal Area of Lake Michigan
Notice is hereby given that two public meetings will be held for the purpose of providing information and receiving comments on the preliminary recommendation by the State of Wisconsin that portions of the Green Bay coastal area of Lake Michigan be proposed to National Oceanic and Atmospheric Administration (NOAA) for designation as a National Estuarine Research Reserve.
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Off New Jersey and New York in the Area of the Atlantic Shores Lease Area (OCS-A 0541)
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Atlantic Shores Offshore Wind Bight, LLC (Atlantic Shores Bight) to incidentally harass marine mammals during site characterization surveys off New Jersey and New York in the area of Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Lease Area (OCS-A 0541). There are no changes from the proposed authorization in this final authorization.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Improving Customer Experience (OMB Circular A-11, Section 280 Implementation)
The United States Patent and Trademark Office (USPTO) will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The USPTO invites comment on this information collection. Public comments were previously requested via the Federal Register on May 24, 2022 during a 60-day comment period. This notice allows for an additional 30 days for public comments.
Extension of Public Comment on a Supplemental Draft Environmental Impact Statement Regarding the Makah Tribe's Request To Hunt Eastern North Pacific Gray Whales
NMFS announces the extension of the public comment period on the Supplemental Draft Environmental Impact Statement on the Makah Tribe Request to Hunt Gray Whales. We announced a 45-day comment period to end on August 15, 2022. Today, we extend the public comment period on the recommended decision by 60 days to October 14, 2022. Comments previously submitted need not be resubmitted.
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 2022 commercial summer flounder quota to the Commonwealth of Virginia. This adjustment to the 2022 fishing year quota 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 2022 commercial quotas for North Carolina and Virginia.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area
NMFS is opening directed fishing for Pacific ocean perch in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area. This action is necessary to fully use the 2022 total allowable catch of Pacific ocean perch (POP) specified for the Bering Sea subarea of the Bering Sea and Aleutian Islands management area.
Determination of Overfishing or an Overfished Condition
This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has found that Atlantic bigeye tuna is still overfished. NMFS, on behalf of the Secretary, is required to provide this notice whenever it determines that a stock or stock complex is subject to overfishing, overfished, or approaching an overfished condition.
Nominations for Advisory Committee and Species Working Group Technical Advisor Appointments to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas
NMFS is soliciting nominations (which may include self- nominations) to the Advisory Committee to the U.S. Section to the International Commission for the Conservation of Atlantic Tunas (ICCAT) as established by the Atlantic Tunas Convention Act (ATCA). NMFS is also soliciting nominations for Technical Advisors to the Advisory Committee's species working groups.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; User Needs Survey by the Space Weather Advisory Group
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.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Natural Resource Damage Assessment Restoration Project Information Sheet
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.
Endangered Species; Take of Anadromous Fish
Notice is hereby given that NMFS received an application from California Department of Fish and Wildlife in Santa Rosa, California for an U.S. Endangered Species Act (ESA) section 10(a)(1)(A) scientific enhancement permit (permit 26568). The purpose of this permit is to enhance the survival of the endangered Central California Coast (CCC) Evolutionary Significant Unit (ESU) of coho salmon (Oncorhynchus kisutch), threatened Northern California (NC) Distinct Population Segment (DPS) of steelhead (O. mykiss), and threatened CCC DPS of steelhead (O. mykiss) in coastal streams of Mendocino, Sonoma, and Marin counties through rescue and relocation of these species from drying streams. The public is hereby notified that the application for Permit 26568 is available for review and comment before NMFS either approves or disapproves the application.
Request for Comments on Artificial Intelligence Export Competitiveness
The Department of Commerce (DOC) has made it a top priority to drive U.S. innovation and global competitiveness in critical and emerging technologies such as artificial intelligence (AI). Recognizing the growing importance of AI and the impact it can have for transforming our economy, industries, and society, the International Trade Administration (ITA) is requesting public comments to gain insight on the current global AI market and stakeholder concerns regarding international AI policies, regulations, and other measures which may impact U.S. exports of AI technologies. This stakeholder input will provide the DOC with a stronger understanding of the AI landscape as AI impacts existing economic sectors and industries, creates new areas for innovations, and makes its way into global trade discussions.
North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Review: Notice of Completion of Panel Review
In accordance with Rules 78 and 80 of the NAFTA Rules of Procedure for Article 1904 Binational Panel Reviews, the Panel Review of Light-Walled Rectangular Pipe and Tube from Mexico: Final Results of Antidumping Duty Administrative Review; 2016-2017 (Secretariat File Number: USA-MEX-2019-1904-01) was completed and the panelists were discharged from their duties effective August 9, 2022.
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Amended Final Results of Countervailing Duty Administrative Review; 2019
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the countervailing duty (CVD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (China), covering the period of review (POR) January 1, 2019, through December 31, 2019, to correct ministerial errors.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application submitted by the Gulf of Maine Research Institute contains all of the required information and warrants further consideration. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.
Implementation of Certain 2021 Wassenaar Arrangement Decisions on Four Section 1758 Technologies
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 (Commerce) jurisdiction. Commerce is revising the CCL, as well as corresponding parts of the EAR, to implement controls on four technologies. These changes reflect certain controls decided by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (WA) at the December 2021 WA Plenary meeting. These four technologies meet the criteria of Section 1758 of the Export Control Reform Act (ECRA) pertaining to emerging and foundational technologies. Accordingly, BIS is accelerating their publication in this interim final rule and will publish the remaining WA-agreed controls in a later rule. These technologies are two substrates of ultra-wide bandgap semiconductors (Gallium Oxide (Ga2O3) and diamond), Electronic Computer Aided Design (ECAD) software specially designed for the development of integrated circuits with any Gate-All-Around Field-Effect Transistor (GAAFET) structure, and pressure gain combustion (PGC) technology for the production and development of gas turbine engine components or systems.
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.
Extension of Solicitation of Nominations for Membership in the Renewable Energy and Energy Efficiency Advisory Committee
As announced in the June 15, 2022 Federal Register, the Department of Commerce renewed the Renewable Energy and Energy Efficiency Advisory Committee (the Committee) for the 2022-2024 term and requested nominations for membership. This notice extends the solicitation period for membership on the Committee in order to widen the pool of qualified candidates and to ensure that diverse points of view are represented. All nominations previously received pursuant to the June 15, 2022 Federal Register will be duly considered during the extended solicitation period and should not be resubmitted. The Committee shall advise the Secretary of Commerce regarding the development and administration of programs and policies to expand the competitiveness of U.S. exports of renewable energy and energy efficiency goods and services. The Committee's work on renewable energy will focus on technologies, equipment, and services to generate electricity, produce heat, and power vehicles from renewable sources such as solar, wind, biomass, hydropower, geothermal, and hydrogen. The Committee's work on energy efficiency will focus on technologies, services, and platforms that provide system-level energy efficiency to electricity generation, transmission, and distribution. These include smart grid technologies and services, as well as equipment and systems that increase the resiliency of power infrastructure such as energy storage. Climate solutions in the energy sector, such as low-carbon hydrogen production, clean energy transportation, and virtual power plants are also within the scope of the Committee. For the purposes of this Committee, covered goods and services will not include vehicles, feedstock for biofuels, or energy efficiency as it relates to consumer goods or buildings. Non-fossil fuels that reduce carbon consumption (e.g., liquid biofuels and pellets) are included.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Recreational Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). This meeting will be held in-person without a webinar option. Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). This meeting will be held in-person without a webinar option. Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a joint public meeting of its Skate Committee and Advisory Panel via webinar to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
Marine Mammals; File No. 26708
Notice is hereby given that the Chicago Zoological Society (Michael J. Adkesson, D.V.M., Responsible Party), 3300 South Golf Road, Brookfield, Illinois 60513, has applied in due form for a permit to import and export marine mammal parts for scientific research.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
The Mid-Atlantic Fishery Management Council has submitted Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan to NMFS. Amendment 22 proposes revisions to the summer flounder, scup, and black sea bass commercial and recreational allocation percentages. This action would also add the option for future modifications to the commercial/recreational allocation and transfer provisions to be considered through a framework action. Amendment 22 is intended to address the allocation-related impacts of the revised recreational catch and landings data provided by the Marine Recreational Information Program.
Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Actions #16 Through #25
NMFS announces ten inseason actions in the 2022 ocean salmon fisheries. These inseason actions modify the commercial and recreational ocean salmon fisheries in the area from the U.S./Canada border to the U.S./Mexico border.
Meeting of the Advisory Committee on Commercial Remote Sensing
The Advisory Committee on Commercial Remote Sensing (``ACCRES'') will meet for 1 full-day meeting on August 24, 2022.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
NMFS proposes regulations to implement Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. Amendment 22 was developed by the Mid-Atlantic Fishery Management Council to revise summer flounder, scup, and black sea bass commercial and recreational sector allocations. Amendment 22 is intended to ensure that the best available science is used to determine commercial and recreational sector allocations.
Marine Mammals and Endangered Species
Notice is hereby given that permits, permit amendments, and permit modifications have been issued to the following entities under the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA), as applicable.
United States Mexico Canada Agreement (USMCA), Article 10.12; Binational Panel Review: Notice of Completion of Panel Review
In accordance with Rules 82 and 84 of the USMCA Rules of Procedure for Article 10.12 (Binational Panel Review), the Certain Gypsum Board, Sheet, or Panel Originating in or Exported from the United States of America (Secretariat File Number: CDA-USA-2020-10.12- 01) Panel Review was completed and the panelists were discharged from their duties effective July 28, 2022.
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