COURTHOUSE NEWS SERVICE
Federal Regulation Brief
January 10, 2008
COMMERCE
Today’s Brief Includes (Dec 20—Jan 9):
Commerce (DOC)
Consumer Product Safety (CPSC) – no newly published regulations this week
Federal Trade Commission (FTC) – no newly published regulations this week
Securities and Exchange (SEC)
U.S. Trade Representative (USTR) – no newly published regulations this week
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
ECONOMIC ANALYSIS BUREAU (BEA)
International services surveys, BE-12, foreign direct investment in U.S., benchmark survey: Direct Investment Surveys: BE-12, 2007 Benchmark Survey of Foreign Direct Investment in the United States, Federal Register, December 26, 2007, Volume 72, Number 246, Rules and Regulations, Page 72917, 15 CFR Part 806, Docket No. 070301044-7814-02, RIN 0691-AA64, Final rule.
[TEXT][PDF]
(This final rule is effective January 25, 2008.)
SUMMARY: This action amends regulations for the reporting requirements for the BE-12, Benchmark Survey of Foreign Direct Investment in the United States. The BE-12 survey is conducted once every 5 years and covers virtually the entire universe of foreign direct investment in the United States in terms of value. The benchmark survey will be conducted for 2007. The Bureau of Economic Analysis (BEA) changes the reporting requirements on the BE-12 Benchmark survey to: Increase the exemption level for reporting on the BE-12(LF) (Long Form) from $125 million to
$175 million; increase the exemption level for reporting on the BE-12(SF) (Short Form) from $10 million to $40 million; and increase the exemption level for reporting on the BE-12 Bank Form from $10 million to $15 million. In addition, the BEA amends Form BE-12(X) by: Re-naming it the Form BE-12 Claim for Not Filing and deleting several questions, which are moved to a new Form BE-12 Mini. The Claim for Not Filing will be completed only by persons that are not subject to the reporting requirements of the BE-12 survey but have been contacted by the BEA concerning their reporting status. The BE-12 Mini is an abbreviated form for reporting U.S. affiliates with total assets, sales or gross operating revenues, and net income (loss) less than or equal to $40 million.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.
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INDUSTRY AND SECURITY BUREAU (BIS)
Export administration regulations, production, definition, CFR correction: Definitions of Terms, Federal Register, December 28, 2007, Volume 72, Number 248, Rules and Regulations, Page 73589, 15 CFR Part 772, CFR Correction.
[TEXT][PDF]
CORRECTION: In Title 15 of the Code of Federal Regulations, Parts 300 to 799, revised as of January 1, 2007, on page 577, in Section 772.1, in the second column, the second definition of Production is removed.
Export Administration regulations and Defense Priorities and Allocations System regulation, revisions and technical corrections: Revisions and Technical Corrections to the Export Administration Regulations and the Defense Priorities and Allocations System Regulation, Federal Register, January 2, 2008, Volume 73, Number 1, Rules and Regulations, Page 32, 15 CFR Parts 700, 730, 740, 743, 744, 745, 746, 748, 750, 752, 754, and 774, Docket No. 071011588-7712-02, RIN 0694-AE15, Final rule.
[TEXT][PDF]
(This final rule is effective January 2, 2008.)
SUMMARY: This action amends the Export Administration Regulations (EAR) by making the following changes: Removing the post office box address for the Bureau of Industry and Security (BIS), updating the contact information for the San Jose field office, reinserting missing footnotes in sections describing License Exceptions, removing certain non-Country Group D countries from Country Group D, correcting formatting in the supplement listing items subject to the military end-use license requirement for the People's Republic of China (PRC), correcting the Code of Federal Regulations legal authority citation for Part 745 of the EAR, removing a reference to Libya under embargoed destinations, adding fax information for submitting a request for approval to submit applications electronically, clarifying the requirements for obtaining an Import Certificate or an End-User Statement, changing Validated End-User report requirements, amending the contact information for the Ministry of Commerce of the PRC, making a technical correction to shipping tolerances, and removing references to certain entries on the Commerce Control List. In addition, this rule amends the Defense Priorities and Allocations System (DPAS) Regulation by updating an office name and by removing a reference to a form.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.
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NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the Caribbean, Gulf of Mexico, and south Atlantic, Gulf of Mexico vermilion snapper fishery management measures: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Vermilion Snapper Fishery Management Measures, Federal Register, January 3, 2008, Volume 73, Number 2, Rules and Regulations, Page 406, 50 CFR Parts 600 and 622, Docket No. 070518142-7238-02, RIN 0648-AV45, Final rule.
[TEXT][PDF]
(This final rule is effective February 4, 2008, except for the amendments to Section 622.16(c)(3)(i) and (ii) which are effective January 3, 2008 and the amendment to Section 622.39(b)(1)(x) which is effective February 4, 2008 through March 28, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) issues this action to implement a regulatory amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule reduces the minimum size limit for vermilion snapper to 10 inches (25.4 cm) total length (TL), eliminates the 10-fish recreational bag limit for vermilion snapper within the existing 20-fish aggregate reef fish bag limit, and eliminates the 40-day commercial closed season for vermilion snapper (from April 22 through May 31 each year). The NMFS also implements through this rule clarifications for the Gulf of Mexico red snapper individual fishing quota (IFQ) program, as well as non-substantive changes to codified text, including removing obsolete language regarding the use of fish traps in the Gulf of Mexico, removing outdated and redundant language, revising phone numbers and an outdated definition, and revising incorrect references. This final rule is to help achieve optimum yield (OY) by reducing vermilion snapper harvest limitations consistent with the findings of the recent stock assessment and to clarify and update existing regulations.
Fisheries of the Exclusive Economic Zone off Alaska, Chiniak Gully Research Area for vessels using trawl gear: Fisheries of the Exclusive Economic Zone Off Alaska; Chiniak Gully Research Area for Vessels Using Trawl Gear, Federal Register, January 9, 2008, Volume 73, Number 6, Rules and Regulations, Page 1555, 50 CFR Part 679, Docket No. 070213032-7032-01, RIN 0648-XE81,Temporary rule.
[TEXT][PDF]
(This temporary rule is effective 1200 hrs, Alaska local time (A.l.t.), August 1, 2008, through 1200 hrs, A.l.t., September 20, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) rescinds the trawl closure in the Chiniak Gully Research Area. This action is to allow vessels using trawl gear to participate in directed fishing for groundfish in the Chiniak Gully Research Area.
Fisheries of the Exclusive Economic Zone off Alaska, inseason adjustment to the 2008 Bering Sea pollock total allowable catch amount: Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2008 Bering Sea Pollock Total Allowable Catch Amount, Federal Register, January 4, 2008, Volume 73, Number 3, Rules and Regulations, Page 823, 50 CFR Part 679, Docket No. 070213033-7033-01, RIN 0648-XE78, Temporary rule, inseason adjustment, request for comments.
[TEXT][PDF]
(This temporary rule, inseason adjustment, is effective 1200 hrs, Alaska local time (A.l.t.), December 31, 2007, through 2400 hrs, A.l.t., December 31, 2008, unless otherwise modified or superceded through publication of a notification in the Federal Register. Any public comments must be received as indicated in the ADDRESSES section of the linked document no later than 4:30 p.m., A.l.t., January 15, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) adjusts the 2008 total allowable catch amount (TAC) for the Bering Sea pollock fishery. This action is because the NMFS has determined this TAC is incorrectly specified. This action ensures the Bering Sea pollock TAC does not exceed the appropriate amount based on the best available scientific information for pollock in the Bering Sea subarea.
TOTAL ALLOWABLE CATCH: Please see page 824 of the linked PDF document for a table of allocations.
Fisheries of the Exclusive Economic Zone off Alaska, inseason adjustment to the 2008 Gulf of Alaska Pacific cod total allowable catch amount: Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2008 Gulf of Alaska Pacific Cod Total Allowable Catch Amount, Federal Register, January 9, 2008, Volume 73, Number 6, Rules and Regulations, Page 1554, 50 CFR Part 679, Docket No. 070213032-7032-01, RIN 0648-XE80, Temporary rule, inseason adjustment, request for comments.
[TEXT][PDF]
(This temporary rule, inseason adjustment, is effective 1200 hrs, Alaska local time (A.l.t.), January 4, 2008, until the effective date of the 2008 and 2009 final harvest specifications for Gulf of Alaska (GOA) groundfish, unless otherwise modified or superceded through publication of a notification in the Federal Register. Any public comments must be received at the address in the linked document no later than 4:30 p.m., A.l.t., January 22, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) adjusts the 2008 total allowable catch (TAC) amounts for the Gulf of Alaska (GOA) Pacific cod fishery. This action is because the NMFS has determined this TAC is incorrectly specified. This action ensures the GOA Pacific cod TAC does not exceed the appropriate amount based on the best available scientific information for Pacific cod in the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska Management Area (FMP).
TOTAL ALLOWABLE CATCH: Please see page 1554 of the linked PDF document for a table of allocations.
Fisheries of the northeastern United States, Atlantic Bluefish Fishery, quota transfer: Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer, Federal Register, January 3, 2008, Volume 73, Number 2, Rules and Regulations, Page 411, 50 CFR Part 648, Docket No. 061109296-7009-02, RIN 0648-XE43, Temporary rule, inseason quota transfer.
[TEXT][PDF]
(This temporary rule, inseason quota transfer, is effective December 28, 2007 through December 31, 2007.)
SUMMARY: The National Marine Fisheries Service (NMFS) announces that the State of Florida is transferring commercial bluefish quota to the State of New York from its 2007 quota. By this action, the NMFS adjusts the quotas and announces the revised commercial quota for each state involved.
TRANSFER: Florida transferred 100,000 lb (45,359 kg) of its 2007 commercial quota to New York. The revised bluefish quotas for calendar year 2007 are: New York, 1,334,278 lb (605,218 kg); and Florida, 453,488 lb (205,699 kg).
Fisheries of the northeastern United States, Magnuson-Stevens Fishery Conservation and Management Act provisions, fishing quotas for Atlantic surfclams and ocean quahogs: Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Final 2008-2010 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs, Federal Register, January 4, 2008, Volume 73, Number 3, Rules and Regulations, Page 820, 50 CFR Part 648, Docket No. 070717342-7713-02, RIN 0648-AV42, Temporary rule.
[TEXT][PDF]
(This temporary rule is effective January 1, 2008 to December 31, 2010.)
SUMMARY: The National Marine Fisheries Service (NMFS) specifies the final quotas for the Atlantic surfclam and ocean quahog fisheries for 2008, 2009, and 2010. This action is to implement final specifications for allowable harvest levels of Atlantic surfclams and ocean quahogs from the Exclusive Economic Zone, as follows:
2008-2010 ATLANTIC SURFCLAM AND OCEAN QUAHOG1 QUOTAS
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2008 2009 2010
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bu hL bu hL bu hL
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Surfclams2 3.400 1.810 3.400 1.810 3.400 1.810
Ocean Quahogs2 5.333 2.840 5.333 2.840 5.333 2.840
Maine Ocean Quahogs3 100,00 35,24 100,0 35,24 100,0 35,24
0 0 00 0 00 0
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1. Numerical values are in millions, except for Maine ocean quahogs
2. 1 bu = 1.88 cubic ft. = 53.24 liters
3. 1 bu = 1.2445 cubic ft. = 35.24 liters
Fishery conservation and management, Atlantic highly migratory species, Atlantic bluefin tuna: Atlantic Highly Migratory Species; 2008 Atlantic Bluefin Tuna Quota Specifications and Effort Controls, Federal Register, December 31, 2007, Volume 72, Number 249, Rules and Regulations, Page 74193, 50 CFR Part 635, Docket No. 070612190-7684-02, RIN 0648-AV58, Final rule.
[TEXT][PDF] Final rule.
[TEXT][PDF] Proposed rule.
(This final rule is effective January 30, 2008, except that the Angling category retention limit found under the heading Angling Category Effort Controls is effective January 30, 2008 through December 31, 2008, and the General category retention limit found under the heading General Category Effort Controls is effective June 1, 2008, through August 31, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) sets 2008 fishing year specifications for the Atlantic bluefin tuna (BFT) fishery, including quotas for each of the established domestic fishing categories and effort controls for the General category and Angling category. This action is to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED DOCUMENT.
Fishery conservation and management, Alaska, fisheries of Exclusive Economic Zone, Pacific halibut and sablefish: Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Community Development Quota Program, Federal Register, December 28, 2007, Volume 72, Number 248, Rules and Regulations, Page 73665, 50 CFR Part 679, Docket No. 0612242964-7332-02, I.D. 080106C, RIN 0648-AS84, Final rule, effectiveness of collection-of-information requirements.
[TEXT][PDF]
(This final rule is effective January 28, 2008. The collection of information requirements in Sections 679.42(d) and 679.42(i), published August 9, 2007 (72 FR 44795), are effective January 28, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) announces approval by the Office of Management and Budget (OMB) of collection-of-information requirements implementing the Individual Fishing Quota (IFQ) Program for the fixed-gear commercial Pacific halibut fishery and sablefish fishery. The OMB assigned OMB Control Number 0648-0569 to the collection of information contained in these regulations. The intent of this final rule is to announce the effective date of these regulations, which is January 28, 2008.