Department of Commerce 2022 – Federal Register Recent Federal Regulation Documents

In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to authorize the release of specified items subject to the EAR without a license when that release occurs in the context of a ``standards- related activity,'' as defined in this rule. BIS is revising the terms used in the EAR to describe the actions permissible under the authorization rather than defining the organizations to which it applies. The scope of the authorization is revised to include certain ``technology'' as well as ``software'' and applies to all entities listed on BIS's Entity List. The uncertainty of not knowing whether other entities listed on the Entity List are participants in standards organizations and whether a BIS license is required to release low- level technology for legitimate standards activities has caused U.S. companies to limit their participation in standards-related activities in areas that are critical to U.S. national security. This authorization only overcomes licensing requirements imposed as a result of an entity's inclusion on the Entity List; other EAR licensing requirements, including additional end-use or end-user based licensing requirements may continue to apply. This final rule does not change the assessment of whether ``technology'' or ``software'' is subject to the EAR. BIS is making these revisions to ensure that export controls and associated compliance concerns as they relate to the Entity List do not impede the leadership and participation of U.S. companies in national and international standards-related activities

This proposed rule would adjust quotas and retention limits and establish the opening date for the 2023 fishing year for the Atlantic commercial shark fisheries. Quotas would be adjusted as required or allowable based on any underharvests from the 2022 fishing year. NMFS proposes the opening date and commercial retention limits to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, Gulf of Mexico, and Caribbean Sea.

The South Atlantic Fishery Management Council (Council) submitted Amendment 50 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic (FMP) for review, approval, and implementation by NMFS. If approved by the Secretary of Commerce, Amendment 50 to the FMP would establish a new rebuilding plan, revise the acceptable biological catch (ABC), annual optimum yield (OY), annual catch limits (ACLs), sector allocations, recreational accountability measures (AMs), and additional management measures for red porgy. The additional management measures would address commercial seasonal quotas, commercial trip limits, recreational bag and possession limits, and a recreational fishing season for red porgy. The purpose of Amendment 50 is to end overfishing of red porgy, rebuild the stock, and achieve OY while minimizing, to the extent practicable, adverse social and economic effects.

As a result of the respective determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that termination of the 2016 Agreement Suspending the Antidumping Duty Investigation on Lemon Juice from Argentina (2016 Agreement) and the underlying antidumping duty investigation on lemon juice from Argentina would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing this notice of continuation of the 2016 Agreement.

On August 29, 2022, the U.S. Court of International Trade (the Court or CIT) issued its final judgment in SeAH Steel Corporation v. United States, Consol. Court No. 20-00150, Slip Op. 22-101, sustaining the U.S. Department of Commerce's (Commerce) remand results pertaining to the administrative review of the antidumping duty (AD) order on certain oil country tubular goods (OCTG) from the Republic of Korea (Korea) covering the period September 1, 2017, through August 31, 2018. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's Final Results of the administrative review, and that Commerce is amending the Final Results with respect to the dumping margin assigned to SeAH Steel Corporation (SeAH).

On July 29, 2022, the U.S. Department of Commerce (Commerce) published the preliminary results of the changed circumstances review (CCR) of the antidumping duty (AD) order on multilayered wood flooring (MLWF) from the People's Republic of China (China). Commerce preliminarily determined that MLWF that is produced and exported by Zhejiang Yuhua Timber Co. Ltd. (Yuhua) and sold through A-Timber Flooring Company Limited (A-Timber) is excluded from the AD order. For these final results, Commerce continues to find that MLWF sold through A-Timber that is produced and exported by Yuhua is excluded from the AD order.

This action contains a correction to the final rule for 2022- 2023 harvest specifications and management measures for the northern subpopulation of Pacific sardine (hereafter Pacific sardine), which published on July 1, 2022. Specifically, NMFS is correcting the tonnage amount that would trigger a trip limit for the live bait fishery: 2,500 metric tons (mt).

NMFS is opening directed fishing for Pacific cod by American Fisheries Act trawl catcher/processors in the Bering Sea and Aleutian Islands Management Area (BSAI). This action is necessary to fully use the 2022 total allowable catch of Pacific cod allocated to American Fisheries Act trawl catcher/processors in the BSAI.

This final rule amends regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to renew reporting requirements for the BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. This final rule also amends the regulations for BEA's two other international services benchmark surveys, the BE-140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons and the BE-180 Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, to clarify when the surveys will be conducted.

We, NMFS, announce a proposed rule to list the queen conch (Aliger gigas, previously known as Strombus gigas) as a threatened species under the Endangered Species Act (ESA). We have completed a comprehensive status review for the queen conch. After considering the status review report, and after taking into account efforts being made to protect the species, we have determined that the queen conch is likely to become an endangered species within the foreseeable future throughout its range. Therefore, we propose to list the queen conch as a threatened species under the ESA. Any protective regulations determined to be necessary and advisable for the conservation of the queen conch under ESA would be proposed in a subsequent Federal Register announcement. We solicit information to assist this listing determination, the development of proposed protective regulations, and designation of critical habitat within U.S jurisdiction.

Pursuant to provisions of the Federal Advisory Committee Act, the Department of Commerce (the Department) announces the renewal of the Civil Nuclear Trade Advisory Committee (CINTAC or ``Committee'') and requests nominations for membership. The purpose of the CINTAC is to provide advice to the Secretary of Commerce regarding the development and administration of programs to expand U.S. exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, which will be used by the Department in its role as a member of the Civil Nuclear Trade Working Group of the Trade Promotion Coordinating Committee and of the TeamUSA interagency group to promote U.S. civil nuclear trade.

The National Marine Fisheries Service (NMFS) publishes this proposed Annual Determination (AD) for 2023, pursuant to its authority under the Endangered Species Act (ESA). 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 interactions in a given fishery, evaluate measures to prevent or reduce sea turtle takes, and implement the prohibition against sea turtle takes. Fisheries identified on the 2023 AD (see Table 1) will be eligible to carry observers upon NMFS' request as of January 1, 2023, and will remain on the AD for a five-year period until December 31, 2027.

The U.S. Department of Commerce (Commerce) has completed its administrative review of the antidumping duty order on certain cased pencils (cased pencils) from the People's Republic of China (China) for the period of review (POR) December 1, 2020, through November 30, 2021. We continue to find that the single entity Wah Yuen Stationery Co. Ltd./Shandong Wah Yuen Stationery Co. Ltd. (Wah Yuen) had no shipments of cased pencils during the POR. We also continue to find that Tianjin Tonghe Stationery Co., Ltd. (Tianjin Tonghe) and Ningbo Homey Union Co., Ltd. (Ningbo Homey) are not eligible for a separate rate and should be treated as part of the China-wide entity.

The U.S. Department of Commerce (Commerce) preliminarily finds that certain producers and exporters of passenger vehicle and light truck tires (passenger tires) from the People's Republic of China (China) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR), August 1, 2020, through July 31, 2021. Commerce also preliminarily finds that 17 companies qualified for separate rate status, eight companies are part of the China-wide entity, nine companies timely withdrew their requests for an administrative review, and ten companies did not ship subject merchandise to the United States during the POR. We invite interested parties to comment on these preliminary results.

The U.S. Department of Commerce (Commerce) preliminarily determines that Maquilacero S.A. de C.V. (Maquilacero) and Tecnicas de Fluidos S.A. de C.V. (TEFLU), (collectively, Maquilacero/TEFLU) and Regiomontana de Perfiles y Tubos S. de R.L. de C.V. (Regiopytsa) made sales of light-walled rectangular pipe and tube from Mexico at less than normal value during the period of review August 1, 2020, through July 31, 2021. We are also rescinding this review for 14 companies where timely requests for withdrawals were filed by all parties who requested their review. We invite interested parties to comment on these preliminary results.

The National Construction Safety Team (NCST) Advisory Committee (Committee) will hold an open meeting in-person and via web conference on Wednesday, October 19, 2022, from 9:30 a.m. to 5:00 p.m. Eastern Time. The primary purposes of this meeting are to update the Committee on the progress of the NCST investigation focused on the impacts of Hurricane Maria in Puerto Rico, progress of the NCST investigation focused on the Champlain Towers South partial building collapse that occurred in Surfside, Florida, and finalize the Committee's annual report to Congress. The final agenda will be posted on the NIST website at https://www.nist.gov/topics/disaster-failure- studies/national-construction-safety-team-ncst/advisory-commi ttee- meetings.

The U.S. Department of Commerce (Commerce) preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2020, through July 31, 2021. Interested parties are invited to comment on these preliminary results.

The SEDAR Steering Committee will meet to discuss the SEDAR stock assessment process and assessment schedule. See SUPPLEMENTARY INFORMATION.

The SEDAR 76 assessment of the South Atlantic stock of black sea bass will consist of a series of assessment webinars. See SUPPLEMENTARY INFORMATION.

Notice is hereby given that the Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce approves the revised management plan for the Rookery Bay National Estuarine Research Reserve in Florida. In accordance with applicable Federal regulations, the Florida Department of Environmental Protection revised the Rookery Bay Reserve's management plan, which replaces the plan previously approved in 2012.

The New England Fishery Management Council (Council, NEFMC) will hold a four-day hybrid meeting with both in-person and remote participation to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). The Council continues to follow all public safety measures related to COVID-19 and intends to do so for this meeting.

In accordance with the Federal Advisory Committee Act (FACA), this notice announces, the United States Investment Advisory Council (IAC) will hold a public meeting on September 29, 2022. In August 2022, U.S. Secretary of Commerce Gina M. Raimondo appointed a new cohort of members who will serve two-year terms. Members will meet for the first time to hear from Federal government officials on the importance of foreign direct investment (FDI) in the United States and discuss programs and policies to promote and retain such investments across the country.

The North Pacific Fishery Management Council (Council) Pacific Northwest Crab Industry Advisory Committee (PNCIAC) will meet September 21, 2022.