Department of Commerce March 2023 – Federal Register Recent Federal Regulation Documents

The CHIPS Act (the Act) established an incentives program to reestablish and sustain U.S. leadership across the semiconductor supply chain. To ensure that funding provided through this program does not directly or indirectly benefit foreign countries of concern, the Act includes certain limitations on funding recipients, such as prohibiting engagement in certain significant transactions involving the material expansion of semiconductor manufacturing capacity in foreign countries of concern and prohibiting certain joint research or technology licensing efforts with foreign entities of concern. The Department of Commerce (Department) is issuing, and requesting public comments on, a proposed rule to set forth terms related to these limitations and procedures for funding recipients to notify the Secretary of Commerce (Secretary) of any planned significant transactions that may be prohibited.

NMFS will hold a 3-day Atlantic Highly Migratory Species (HMS) Advisory Panel (AP) meeting in May 2023. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. The meeting is open to the public. NMFS also is soliciting nominations for the HMS AP. NMFS consults with, and considers the comments and views of, the HMS AP when preparing and implementing Fishery Management Plans (FMPs) or FMP amendments for Atlantic tunas, swordfish, sharks, and billfish. Nominations are being sought to fill one environmental seat on the HMS AP for a 3-year appointment. Individuals with definable interests in the environmental community will be considered for membership on the HMS AP under this solicitation.

NMFS has received a request from the Bureau of Land Management (BLM) for authorization to take marine mammals incidental to construction activities associated with Phase 2 of the Punta Gorda Lighthouse (PGL) Stabilization Project in Humboldt County, CA. 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 is also requesting comments on a possible one-time, 1 year renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. 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.

The Renewable Energy and Energy Efficiency Advisory Committee (REEEAC or the Committee) will hold a hybrid meeting, accessible in- person and online, on Wednesday April 4, 2023, at the U.S. Department of Commerce in Washington, DC. The meeting is open to the public with registration instructions provided below. The meeting has a limited number of spaces for members of the public to attend in-person. Requests to attend in-person will be considered on a first-come first- served basis.

This notice sets forth the schedule and proposed agenda of two meetings of the Science Advisory Board (SAB). The members will discuss issues outlined in the section on Matters to be considered.

NMFS proposes to prohibit the retention and possession of oceanic whitetip sharks (Carcharhinus longimanus) in U.S. waters of the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, and hammerhead sharks (great (Sphyrna mokarran), smooth (S. zygaena), and scalloped (S. lewini) hammerhead sharks) in U.S. waters of the Caribbean Sea. NMFS is proposing this action in response to two Biological Opinions (BiOps) for Atlantic Highly Migratory Species (HMS): one for the pelagic longline (PLL) fishery and one for the non- PLL fisheries. The BiOps strongly encouraged the inclusion of the scalloped hammerhead shark Central and Southwest Atlantic Distinct Population Segment (DPS) and the oceanic whitetip shark on the list of prohibited sharks for recreational and/or commercial HMS fisheries. This proposed rule could impact all HMS permitted fishermen.

The Pacific Fishery Management Council (Pacific Council) will convene a Stock Assessment Review (STAR) Panel meeting to review the 2023 Pacific mackerel stock assessment. The meeting will be co-hosted by the NOAA Southwest Fisheries Science Center.

Notice is hereby given that MeatEater, Inc., 1203 N. Rouse St., Suite 3E, Bozeman, MT 59715 (Responsible Party: Jason Roehrig), has applied in due form for a permit to conduct commercial and educational photography on marine mammals.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels greater than or equal to 50 feet (15.2 meters (m)) length overall using hook-and-line (HAL) gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2023 Pacific cod total allowable catch (TAC) apportioned to catcher vessels greater than or equal to 50 feet (15.2 m) length overall using HAL gear in the Central Regulatory Area of the GOA.

The Bureau of Economic Analysis (BEA) is giving notice of a meeting of the Federal Economic Statistics Advisory Committee (FESAC or the Committee). The Committee advises the Under Secretary for Economic Affairs, the Directors of the Bureau of Economic Analysis and the Census Bureau, and the Commissioner of the U.S. Department of Labor's Bureau of Labor Statistics (BLS) on statistical methodology and other technical matters related to the collection, tabulation, and analysis of Federal economic statistics. An agenda will be accessible prior to the meeting at https://apps.bea.gov/fesac/.

NMFS announces the availability of the final SHARE document. As part of the overall review of the current state of the Atlantic shark fishery, NMFS examined various aspects of commercial and recreational shark fisheries conservation and management, shark depredation, and additional factors affecting the shark fishery. As a comprehensive review of the shark fishery, the SHARE document identifies areas of success and concerns in the fishery and identifies potential future revisions to regulations and management measures. NMFS anticipates that any such revisions to the regulations and/or management measures would occur via future rulemaking, as applicable, and would include appropriate opportunity for public comment.

The U.S. Department of Commerce (Commerce) continues to determine that Alcha International Holdings Limited (Alcha International), Jiangsu Alcha Aluminum Group Co., Ltd (Jiangsu Alcha), and Baotou Alcha Aluminum Co., Ltd. (Batou Alcha) (collectively, Alcha), the only entity subject to this administrative review of the antidumping duty (AD) order on common alloy aluminum sheet (aluminum sheet) from the People's Republic of China (China), is part of the China-wide entity. The period of review (POR) is February 1, 2021, through January 31, 2022.

As a result of these expedited sunset reviews, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on certain cold-drawn mechanical tubing of carbon and alloy steel from the People's Republic of China (China), the Federal Republic of Germany (Germany), India, Italy, the Republic of Korea (Korea), and Switzerland would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Reviews'' section of this notice.

NMFS has received a request from the U.S. Army Corps of Engineers (ACOE) for a second re-issuance of a previously issued incidental harassment authorization (IHA), with the only change being the effective dates. The IHA authorizes take of seven species of marine mammals, by Level A and Level B harassment, incidental to construction associated with the Debris Dock Replacement Project in Sausalito, California. The ACOE has requested re-issuance with new effective dates of January 1, 2024 through December 31, 2024. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing an identical IHA to cover the incidental take analyzed and authorized in the initial IHA.

We, NMFS, have completed a comprehensive status review for the sunflower sea star, Pycnopodia helianthoides, in response to a petition to list this species as threatened or endangered under the Endangered Species Act (ESA). Based on the best scientific and commercial information available, including the draft status review report, and after taking into account efforts being made to protect the species, we have determined that the sunflower sea star is likely to become an endangered species within the foreseeable future throughout its range. Therefore, we propose to list the sunflower sea star as a threatened species under the ESA. Should the proposed listing be finalized, any protective regulations under section 4(d) of the ESA would be proposed in a separate Federal Register notice. We do not propose to designate critical habitat at this time because it is not currently determinable. We are soliciting information to inform our final listing determination, as well as the development of potential protective regulations and critical habitat designation.

The National Telecommunications and Information Administration (NTIA) will hold two public listening sessions to assist in its preparation of a National Spectrum Strategy (NSS) for the United States. NTIA is seeking input from the public as it develops a Strategy that identifies the actions needed to maximize the potential of our nation's spectrum resources. Access to spectrum contributes to technological innovation and economic growth and is critical to national security, public safety, and other national priorities. The agendas and other information regarding the events will be posted at [https://ntia.gov].

The North Pacific Fishery Management Council (Council) and its advisory committees will meet April 4, 2023, through April 11, 2023.

The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council, its Executive Committee, and the Mackerel, Squid, and Butterfish Committee.

The U.S. Department of Commerce (Commerce) determines that Hyosung Heavy Industries Corporation (Hyosung) made sales of large power transformers from the Republic of Korea (Korea) at less than normal value during the period of review (POR) August 1, 2020, through July 31, 2021.

The United States Global Change Research Program (USGCRP) requests input from the public to guide an update of the 2009 ``Climate Literacy: Essential Principles of Climate Science''. This request for information (RFI) will inform USGCRP as it updates the Guide to include current climate and social science, and a focus on justice and capacity to implement solutions.

We propose to approve sector operations plans and contracts, grant regulatory exemptions for fishing years 2023 and 2024, and propose Northeast multispecies allocations of annual catch entitlements to approved groundfish sectors for fishing year 2023. Approval of sector operations plans and contracts is necessary for sectors to operate and receive allocations of annual catch entitlements. This action is intended to allow limited access permit holders to continue to operate or form sectors, as authorized under the Northeast Multispecies Fishery Management Plan, and to exempt sectors from certain effort control regulations to improve the efficiency and economics of sector vessels.

Notice is hereby given that the NMFS Northeast Fisheries Science Center, 166 Water Street, Woods Hole, Massachusetts 02543 (Responsible Party: Jon Hare), has applied in due form for a permit to conduct research on marine mammals.