COURTHOUSE NEWS SERVICE
Federal Regulation Brief
April 21, 2008
COMMERCE
Today’s Brief Includes (April 3-16):
Commerce (DOC) Includes selected proposed rules and selected notices
Consumer Product Safety (CPSC) – No newly published regulations this time
Federal Trade Commission (FTC) – Selected proposed rules and selected notices only
Securities and Exchange (SEC) – Includes selected notices
U.S. Trade Representative (USTR) – Selected notices only
COMMERCE (DOC)
NEWLY PUBLISHED REGULATIONS
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Endangered and threatened species, designation of critical habitat for North
Pacific right whale: Endangered and Threatened Species; Designation of Critical
Habitat for North Pacific Right Whale, Federal Register, April 8, 2008, Volume 73,
Number 68, Rules and Regulations, Page 19000, 50 CFR Part 226, Docket No.
070717354-8251-02, RIN 0648-AV73, Final rule.
[TEXT] [PDF]
(This final rule is effective May 8, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) designates critical habitat
for the North Pacific right whale in parts of the Bering Sea and Gulf of Alaska. The
North Pacific right whale was recently listed as a separate, endangered species, and
because this was a newly listed entity, the NMFS was required to designate critical
habitat for it.
AMENDMENTS: The amendment, which includes coordinates and maps of critical
habitat, begins on page 19011 of the linked PDF document.
Endangered and threatened wildlife, sea turtle conservation: Endangered and
Threatened Wildlife; Sea Turtle Conservation, Federal Register, April 8, 2008,
Volume 73, Number 68, Rules and Regulations, Page 18984, 50 CFR Part 223,
Docket No. 071030628-8482-02, RIN 0648-AV84, Final rule.
[TEXT] [PDF]
(This final rule is effective May 8, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) clarifies the existing sea
turtle conservation requirements for sea scallop dredge vessels entering waters
south of 41˚9.0' N. latitude from May 1 through November 30 each year and to add
a transiting provision to the requirements. Any vessel with a sea scallop dredge and
required to have a federal Atlantic sea scallop fishery permit, regardless of dredge
size or vessel permit category, that enters waters south of 41˚9.0' N. latitude, from
the shoreline to the outer boundary of the Exclusive Economic Zone (EEZ) must have
a chain mat on each dredge, unless the terms of the transiting provision are met.
The chain-mat modified dredge is to help reduce death and injury to endangered and
threatened sea turtles in scallop dredge gear and to conserve sea turtles listed under
the Endangered Species Act (ESA). This action addresses a procedural error in the
original rulemaking to require chain mats on scallop dredge gear, clarifies the
existing requirements, and adds a transiting provision to the regulations. If a boat
that hurts or kills threatened sea turtles incidental to dredging for sea scallops has
gear modified as stated in the regulation the boat is exempted from the ESA's take
prohibition.
Fisheries in the western Pacific, Bottomfish and Seamount Groundfish
Fisheries, correction: Fisheries in the Western Pacific; Bottomfish and Seamount
Groundfish Fisheries; Correction, Federal Register, April 14, 2008, Volume 73,
Number 72, Rules and Regulations, Page 20001, 50 CFR Part 665, RIN 0648-XG90,
Temporary rule, closure, correction notice.
[TEXT] [PDF]
(This temporary rule, closure, correction notice, is effective April 16, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) corrects information
regarding a fishery closure.
DETAIL: On April 7, 2008, the NMFS published a notice announcing that the NMFS is
closing the commercial and non-commercial fisheries in the Main Hawaiian Islands
fishery for seven deepwater bottomfish species (Deep 7 bottomfish) as a result of
reaching the total allowable catch (TAC) for the 2007-08 fishing year (73 FR 18718),
effective on April 16, 2008.
The effective date of the temporary rule was correctly established as April 16,
2008. The SUPPLEMENTARY INFORMATION section of that document, however,
contained an error, stating that the TAC for the 2007-08 fishing year will be reached
on April 17, 2008, and that the Main Hawaiian Islands Deep 7 bottomfish fishery will
be closed from April 17, 2008, through the remainder of the fishing year.
The document should have read that the TAC would be reached on or before April
17, 2008, and that the Main Hawaiian Islands Deep 7 bottomfish fishery will be
closed from April 16, 2008, through the remainder of the fishing year (opening again
on September 1, 2008).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic,
snapper/grouper resources of the South Atlantic, withdrawal of trip limit
reduction: Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper/Grouper Resources of the South Atlantic; Withdrawal of Trip Limit
Reduction, Federal Register, April 7, 2008, Volume 73, Number 67, Rules and
Regulations, Page 18717, 50 CFR Part 622, Docket No. 060525140-6221-02, RIN
0648-XG34, Temporary rule, withdrawal of trip limit reduction.
[TEXT] [PDF]
(This temporary rule, withdrawal of trip limit reduction, is effective April 2, 2008. The
rule published March 28, 2008 (73 FR 16571), is withdrawn as of April 2, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) withdraws the reduction of
the commercial trip limit for golden tilefish in the South Atlantic to 300 lb (136 kg)
per trip in or from the exclusive economic zone (EEZ) published in the Federal
Register March 28, 2008. Based on updated information, the NMFS has determined
that the threshold level for implementation of the trip limit will not have been
reached by April 6 as originally projected.
Fisheries of the exclusive economic zone off Alaska, Atka mackerel by
vessels in the Amendment 80 limited access fishery in the Western Aleutian
District of the Bering Sea and Aleutian Islands management area: Fisheries of
the Exclusive Economic Zone Off Alaska; Atka Mackerel by Vessels in the
Amendment 80 Limited Access Fishery in the Western Aleutian District of the Bering
Sea and Aleutian Islands Management Area, Federal Register, April 9, 2008, Volume
73, Number 69, Rules and Regulations, Page 19172, 50 CFR Part 679, Docket No.
071106673-8011-02, RIN 0648-XH07, Temporary rule, closure.
[TEXT] [PDF]
(This temporary rule, closure, is effective 1200 hrs, Alaska local time (A.l.t.), April 4,
2008, through 1200 hrs, A.l.t., September 1, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) prohibits directed fishing
for Atka mackerel for vessels participating in the Amendment 80 limited access
fishery in the Western Aleutian District of the Bering Sea and Aleutian Islands
management area (BSAI). This action is to prevent exceeding the A season
allowance of the 2008 Atka mackerel allowable catch (TAC) specified for vessels
participating in the Amendment 80 limited access fishery in the Western Aleutian
District of the BSAI.
Fisheries of the exclusive economic zone off Alaska, northern rockfish,
Pacific ocean perch, and pelagic shelf rockfish in the Western Regulatory
Area and West Yakutat District of the Gulf of Alaska: Fisheries of the Exclusive
Economic Zone Off Alaska; Northern Rockfish, Pacific Ocean Perch, and Pelagic Shelf
Rockfish in the Western Regulatory Area and West Yakutat District of the Gulf of
Alaska, Federal Register, April 10, 2008, Volume 73, Number 70, Rules and
Regulations, Page 19442, 50 CFR Part 679, Docket No. 071106671-8010-02, RIN
0648-XH00, Temporary rule, closure.
[TEXT] [PDF]
(This temporary rule, closure, is effective 1200 hrs, Alaska local time (A.l.t.), July 1,
2008, through 2400 hrs, A.l.t., July 31, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) prohibits directed fishing
for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish for catcher
vessels subject to sideboard limits established under the Central Gulf of Alaska
(GOA) Rockfish Program in the Western Regulatory Area and West Yakutat District of
the GOA. This action is to prevent exceeding the sideboard limits of northern
rockfish, Pacific ocean perch, and pelagic shelf rockfish established for catcher
vessels in the Western Regulatory Area and West Yakutat District of the GOA.
Fisheries of the exclusive economic zone off Alaska, Pacific cod by catcher
vessels using trawl gear in the Bering Sea and Aleutian Islands
management area: Fisheries of the Exclusive Economic Zone Off Alaska; Pacific
Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands
Management Area, Federal Register, April 9, 2008, Volume 73, Number 69, Rules
and Regulations, Page 19172, 50 CFR Part 679, Docket No. 071106673-8011-02,
RIN 0648-XH03, Temporary rule, closure.
[TEXT] [PDF]
(This temporary rule, closure, is effective 1200 hrs, Alaska local time (A.l.t.), April 4,
2008, though 1200 hrs, A.l.t., June 10, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) prohibits directed fishing
for Pacific cod by trawl catcher vessels in the Bering Sea and Aleutian Islands
management area (BSAI). This action is to prevent exceeding the B season
allowance of the 2008 Pacific cod allowable catch (TAC) specified for trawl catcher
vessels in the BSAI.
Fisheries of the exclusive economic zone off Alaska, reallocation of Pacific
cod in the Bering Sea and Aleutian Islands management area: Fisheries of the
Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea
and Aleutian Islands Management Area, Federal Register, April 11, 2008, Volume 73,
Number 71, Rules and Regulations, Page 19748, 50 CFR Part 679, Docket No.
071106673-8011-02, RIN 0648-XH13, Temporary rule, reallocation.
[TEXT] [PDF]
(This temporary rule, reallocation, is effective April 10, 2008, through 2400 hrs,
Alaska local time (A.l.t.), December 31, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) reallocates the projected
unused amount of Pacific cod from vessels using jig gear to catcher vessels less than
60 feet (less than 18.3 meters (m)) length overall (LOA) using pot or hook-and-line
gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is
to allow the B season apportionment of the 2008 total allowable catch (TAC) of
Pacific cod to be harvested.
Fisheries of the exclusive economic zone off Alaska, Pacific cod by American
Fisheries Act catcher processors using trawl gear in the Bering Sea and
Aleutian Islands management area: Fisheries of the Exclusive Economic Zone Off
Alaska; Pacific Cod by American Fisheries Act Catcher Processors Using Trawl Gear in
the Bering Sea and Aleutian Islands Management Area, Federal Register, April 3,
2008, Volume 73, Number 65, Rules and Regulations, Page 18219, 50 CFR Part 679,
Docket No. 071106673-8011-02, RIN 0648-XG86, Temporary rule, closure.
[TEXT] [PDF]
(This temporary rule, closure, is effective 1200 hrs, Alaska local time (A.l.t.), April 1,
2008, through 1200 hrs, A.l.t., June 10, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) prohibits directed fishing
for Pacific cod by American Fisheries Act (AFA) trawl catcher processors in the Bering
Sea and Aleutian Islands management area (BSAI). This action is to prevent
exceeding the B season allowance of the 2008 Pacific cod total allowable catch (TAC)
specified for AFA trawl catcher processors in the BSAI.
Fisheries in the Western Pacific, Bottomfish and Seamount Groundfish
Fisheries, closure: Fisheries in the Western Pacific; Bottomfish and Seamount
Groundfish Fisheries; Fishery Closure, Federal Register, April 7, 2008, Volume 73,
Number 67, Rules and Regulations, Page 18717, 50 CFR Part 665, Docket No.
071211828-8448-02, RIN 0648-XG90, Temporary rule, closure.
[TEXT] [PDF]
(This temporary rule, closure, is effective April 16, 2008 through August 31, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) closes the commercial and
non-commercial fisheries in the Main Hawaiian Islands fishery for seven deepwater
bottomfish species (“Deep 7” bottomfish) as a result of reaching the total allowable
catch (TAC) for the 2007-08 fishing year.
Fisheries in the Western Pacific, Bottomfish and Seamount Groundfish
Fisheries, management measures in the Main Hawaiian Islands: Fisheries in
the Western Pacific; Bottomfish and Seamount Groundfish Fisheries; Management
Measures in the Main Hawaiian Islands, Federal Register, April 4, 2008, Volume 73,
Number 66, Rules and Regulations, Page 18450, 50 CFR Part 665, Docket No.
071211828-8448-02, RIN 0648-AU22, Final rule.
[TEXT] [PDF]
(This final rule is effective April 1, 2008, with the following exceptions: 1. The
following amendments are effective until September 1, 2008: a. In Section 665.12,
the definition of Hawaii restricted bottomfish species fishing year 2007-08; b.
Paragraph (g) in Section 665.72 (the TAC for the 2007-08 fishing year); and c.
Section 665.74 (the closed season). 2. The amendments to Sections 665.13, 665.14,
and 665.61, which require approval by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act (PRA). When the OMB approval is received, the
effective date will be announced in the Federal Register.)
SUMMARY: The National Marine Fisheries Service (NMFS) implements management
measures for the vessel-based bottomfish fishery in the Main Hawaiian Islands,
including requirements for non-commercial (recreational and subsistence) permits
and data reporting, a closed season, annual total allowable catch limits, and noncommercial bag limits. This action is intended to end the overfishing of bottomfish in
the Hawaiian Archipelago.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Fisheries of the northeastern United States, Amendment 11, Atlantic Sea
Scallop Fishery: Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Amendment 11, Federal Register, April 14, 2008, Volume 73, Number 72,
Rules and Regulations, Page 20089, Part II, 50 CFR Part 648, Docket No.
071130780-8013-02, RIN 0648-AU32, Final rule.
[TEXT] [PDF]
(This final rule is effective June 1, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) implements approved
measures in Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan
(FMP), developed by the New England Fishery Management Council (Council).
Amendment 11 was developed by the Council to control the capacity of the open
access general category fleet. Amendment 11 establishes a new management
program for the general category scallop fishery, including a limited access program
with individual fishing quotas (IFQs) for qualified general category vessels, a specific
allocation for general category fisheries, and other measures to improve
management of the general category scallop fishery.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Magnuson-Stevens Act provisions, Fisheries of the Northeastern United
States, Northeast multispecies fishery, etc.: Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2008
Georges Bank Cod Hook Sector Operations Plan and Agreement and Allocation of
Georges Bank Cod Total Allowable Catch, Federal Register, April 3, 2008, Volume 73,
Number 65, Rules and Regulations, Page 18215, 50 CFR Part 648, Docket No.
071017599-8435-02, RIN 0648-AW16, Final rule.
[TEXT] [PDF]
(This final rule is effective May 1, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) implements the Georges
Bank (GB) Cod Hook Sector (Hook Sector) Fishing Year (FY) 2008 Operations Plan
and Agreement, approved by the Administrator, Northeast Region, NMFS (Regional
Administrator), and modifies the eligibility criteria for membership for the Hook
Sector and the GB Cod Fixed Gear Sector (Fixed Gear Sector). Amendment 13 to the
Northeast (NE) Multispecies Fishery Management Plan (FMP) (Amendment 13)
authorized allocation of up to 20 percent of the annual GB cod total allowable catch
(TAC) to the Hook Sector. Under that authorization, the Sector submitted an
Operations Plan and Sector Contract entitled, “Georges Bank Cod Hook Sector
Fishing Year 2008-2009 Operations Plan and Agreement” (together referred to as the
Sector Agreement) and an Environmental Assessment (EA), and requested an
allocation of GB cod. This action results in authorization of the Sector Operations
Plan during the 2008 fishing year and allocation of 658 mt of GB cod to the Sector.
This rule also modifies the eligibility criteria for membership in both the Hook Sector
and the Fixed Gear Sector by allowing vessels without GB cod landings history to join
a sector.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Magnuson-Stevens Act Provisions, fisheries of the northeastern United
States, Northeast Multispecies Fishery, etc.: Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2008
Georges Bank Cod Fixed Gear Sector Operations Plan and Agreement, and Allocation
of Georges Bank Cod Total Allowable Catch, Federal Register, April 10, 2008, Volume
73, Number 70, Rules and Regulations, Page 19439, 50 CFR Part 648, Docket No.
071017601-8510-02, RIN 0648-AW17, Final rule.
[TEXT] [PDF]
(This final rule is effective May 1, 2008, through April 30, 2009.)
SUMMARY: The National Marine Fisheries Service (NMFS) implements the Georges
Bank (GB) Cod Fixed Gear Sector (Fixed Gear Sector) Fishing Year (FY) 2008
Operations Plan and Agreement, approved by the Administrator, Northeast (NE)
Region, the NMFS (Regional Administrator), and allocates a hard total allowable
catch (TAC) of GB cod to the Fixed Gear Sector. Framework 42 (FW 42) to the NE
Multispecies Fishery Management Plan (FMP) authorized allocation of up to 20
percent of the annual GB cod TAC to the Fixed Gear Sector. Pursuant to that
authorization, the Fixed Gear Sector submitted an Operations Plan and Sector
Contract entitled, “Georges Bank Cod Fixed Gear Sector Fishing Year 2008-2009
Operations Plan and Agreement” (together referred to as the Sector Agreement) and
an Environmental Assessment (EA), and requested an allocation of GB cod,
consistent with the FMP. This action results in authorization of the Sector Operations
Plan for FY 2008 and allocation of 1,430 mt of GB cod to the Sector.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Specifications and management measures, Fisheries of the Northeastern
United States, Atlantic mackerel, squid, and butterfish fisheries: Fisheries of
the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries;
Specifications and Management Measures, Federal Register, April 4, 2008, Volume
73, Number 66, Rules and Regulations, Page 18443, 50 CFR Part 648, Docket No.
070717340-8451-02, RIN 0648-AV40, Final rule.
[TEXT] [PDF]
(This final rule is effective May 5, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) implements 2008
specifications and management measures for Atlantic mackerel, squid, and butterfish
(MSB) and modifies existing management measures. Specifically, it clarifies gear
requirements for the Loligo squid fishery, standardizes procedures for closing the
Atlantic mackerel (mackerel) and butterfish fisheries, modifies incidental possession
limits for mackerel and butterfish, and establishes a butterfish possession limit.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
Taking of marine mammals incidental to commercial fishing operations,
Atlantic Large Whale Take Reduction Plan regulations, correction: Taking of
Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale
Take Reduction Plan Regulations; Correction, Federal Register, April 9, 2008, Volume
73, Number 69, Rules and Regulations, Page 19171, 50 CFR Part 229, Docket No.
080103017-8466-02, RIN 0648-AS01, Final rule, correction.
[TEXT] [PDF]
(This final rule, correction, is effective October 5, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) amends the regulations for
the Atlantic Large Whale Take Reduction Plan (ALWTRP) published in the Federal
Register October 5, 2007.
DETAIL: The final rule published October 5, 2007 (72 FR 57104) contains errors in
the effective dates of the rule in both the preamble and regulatory text. The DATES
section in the preamble and the regulatory text clearly reflect NMFS' intent for the
majority of the provisions in the rule to become effective on April 5, 2008. However,
the discussion in the preamble inadvertently referenced an incorrect date, April 7,
2008, for the majority of the provisions. The NMFS clarifies that the correct effective
date for the majority of the provisions of the ALWTRP rule is April 5, 2008, as clearly
stated in the DATES section and the regulatory text.
In addition, this rule corrects the effective date for certain paragraphs of Section
229.32. Both the preamble and regulatory text incorrectly indicate that the effective
date for those paragraphs is October 6, 2008. It should be October 5, 2008 (Section
229.32 paragraphs (c)(5)(ii)(B), (c)(6)(ii)(B), (c)(7)(ii)(C), (c)(8)(ii)(B),
(c)(9)(ii)(B), (d)(6)(ii)(D), (d)(7)(ii)(D) and (i)(3)). All other information remains
unchanged.
SELECTED PROPOSED RULES
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic, Atlantic coast
red drum fishery off the Atlantic states, transfer of management authority:
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Atlantic Coastal
Fisheries Cooperative Management Act Provisions; Atlantic Coast Red Drum Fishery
off the Atlantic States; Transfer of Management Authority, Federal Register, April 3,
2008, Volume 73, Number 65, Proposed Rules, Page 18253, 50 CFR Parts 622 and
697, Docket No. 0612242961-7381-01, RIN 0648-AT13, Proposed rule, request for
comments.
[TEXT] [PDF]
(Any written comments on this proposed rule must be received no later than 5 p.m.
Eastern Time, May 5, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) issues this proposed rule to
repeal the Atlantic Coast Red Drum Fishery Management Plan (FMP) and to transfer
the management authority of Atlantic red drum in the exclusive economic zone (EEZ)
from the South Atlantic Fishery Management Council (South Atlantic Council), in
cooperation with the Mid-Atlantic Fishery Management Council (Mid-Atlantic Council),
under the Magnuson-Stevens Conservation and Management Act (Magnuson-Stevens
Act) to the Atlantic States Marine Fisheries Commission (Commission) under the
Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act), as
requested by the Councils and the Commission.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic, Reef Fish
Fishery of the Gulf of Mexico, Amendment 30A: Fisheries of the Caribbean, Gulf
of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment
30A, Federal Register, April 8, 2008, Volume 73, Number 68, Proposed Rules, Page
19040, 50 CFR Part 622, Docket No. 070718369-7771-01, RIN 0648-AV34, Proposed
rule, request for comments.
[TEXT] [PDF]
(Any written comments must be received on or before May 23, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) issues this proposed rule to
implement Amendment 30A 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). The rule would establish accountability measures for
the commercial and recreational fisheries for greater amberjack and gray triggerfish,
establish commercial quotas for greater amberjack and gray triggerfish, establish a
recreational quota for greater amberjack and recreational catch limits for gray
triggerfish, increase the commercial and recreational minimum size limit for gray
triggerfish, increase the recreational minimum size limit for greater amberjack, and
reduces the greater amberjack bag limit to zero for captain and crew of a vessel
operating as a charter vessel or headboat. In addition, Amendment 30A would
establish management targets and thresholds for gray triggerfish consistent with the
requirements of the Sustainable Fisheries Act. This proposed rule is intended to end
overfishing of greater amberjack and gray triggerfish and to rebuild these stocks to
sustainable levels.
Fisheries of the Northeastern United States, Atlantic mackerel, squid, and
butterfish fisheries: Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Amendment 9 Federal Register, April 4, 2008,
Volume 73, Number 66, Proposed Rules, Page 18483, 50 CFR Part 648, Docket No.
071219865-7563-01, RIN 0648-AP60, Proposed rule, request for comments.
[TEXT] [PDF]
(Any public comments must be received no later than 5 p.m., Eastern Standard
Time, May 19, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) proposes regulations to
implement measures in Amendment 9 to the Atlantic Mackerel, Squid, and Butterfish
(MSB) Fishery Management Plan (FMP). Amendment 9 was developed by the MidAtlantic Fishery Management Council (Council) to remedy deficiencies in the FMP and
to address other issues that have arisen since Amendment 8 to the FMP became
effective in 1999. Amendment 9 establishes multi-year specifications for all four
species managed under the FMP (mackerel, butterfish, Illex squid (Illex), and Loligo
squid (Loligo)) for up to 3 years; extends the moratorium on entry into the Illex
fishery, without a sunset provision; adopts biological reference points recommended
by the Stock Assessment Review Committee (SARC) for Loligo; designates essential
fish habitat (EFH) for Loligo eggs based on best available scientific information; and
prohibits bottom trawling by MSB-permitted vessels in Lydonia and Oceanographer
Canyons.
THIS REGULATION IS NOT FURTHER ANALYZED HERE. IF YOU NEED MORE
INFORMATION, PLEASE SEE THE FULL TEXT OF THE REGULATION IN THE LINKED
DOCUMENT.
International fisheries, Atlantic highly migratory species: International
Fisheries; Atlantic Highly Migratory Species, Federal Register, April 4, 2008, Volume
73, Number 66, Proposed Rules, Page 18473, 50 CFR Parts 300 and 635, Docket No.
080221247-8166-01, RIN 0648-AU88, Proposed rule, request for comments, notice
of public hearings.
[TEXT] [PDF]
(Any written comments on the proposed rule and supporting documents must be
received on or before May 5, 2008. Any comments sent to the Office of Management
and Budget (OMB) on the information collection requirements of the proposed rule
must also be received on or before May 5, 2008.
The public hearings will be held in April (see the SUPPLEMENTARY INFORMATION
section in the linked document for further details).)
SUMMARY: The National Marine Fisheries Service (NMFS) proposes to modify
permitting and reporting requirements for the Highly Migratory Species (HMS)
International Trade Permit (ITP) to improve program efficacy and enforceability, and
implement the International Commission for the Conservation of Atlantic Tunas
(ICCAT) bluefin tuna catch documentation (BCD) program. The modified regulations
also require that shark fin importers, exporters, and re-exporters obtain the HMS ITP
to assist the NMFS in monitoring trade of shark fins, and would implement the new
definition of “import” in 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.
SELECTED NOTICES
COMMERCE DEPARTMENT (DOC)
Agency information collection activities, proposals, submissions, and
approvals: Submission for OMB Review, Comment Request, Federal Register, April
11, 2008, Volume 73, Number 71, Notices, Page 19809.
[TEXT] [PDF]
The Department of Commerce will submit to the Office of Management and
Budget (OMB) for clearance the following proposal for collection of information under
the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Agency: National Oceanic and Atmospheric Administration (NOAA).
Title: Prohibited Species Donation Program.
Form Number(s): None.
OMB Approval Number: 0648-0316.
Type of Request: Regular submission.
Burden Hours: 535.
Number of Respondents: 21.
Average Hours Per Response: Distributor application, 13 hours; distributor list
updates, 12 minutes; distributor product tracking and records retention, 12 minutes;
processor product tracking and records retention, 6 minutes; product packaging and
labeling, 4 minutes.
Needs and Uses: A prohibited species donation (PSD) program for salmon and
halibut has effectively reduced regulatory discard of salmon and halibut by allowing
fish that would otherwise be discarded to be donated to needy individuals through
tax-exempt organizations. The vessels and processing plants participating in the
donation program voluntarily retain and process salmon and halibut bycatch. An
authorized, tax-exempt distributor, chosen by National Marine Fisheries Service
(NMFS) is responsible for monitoring the retention and processing of fish donated by
vessels and processors. The authorized distributor also coordinates the processing,
storage, transportation, and distribution of salmon and halibut. The PSD program
requires a collection of information so that NMFS can monitor the authorized
distributors' ability to effectively supervise program participants and ensure that
donated fish are properly processed, stored, and distributed.
Affected Public: Not-for-profit institutions.
Frequency: Every three years and on occasion.
Respondent's Obligation: Required to obtain or retain benefits.
OMB Desk Officer: David Rostker, (202) 395-3897.
Copies of the above information collection proposal can be obtained by calling or
writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482-0266,
Department of Commerce, Room 6625, 14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the Internet at dHynek@doc.gov).
Written comments and recommendations for the proposed information collection
should be sent within 30 days of publication of this notice to David Rostker, OMB
Desk Officer, Fax number (202) 395-7285, or David_Rostker@omb.eop.gov.
International Trade Administration Mission Statement: Mission Statement;
Business Development Mission to Erbil, Iraq June, 2008 *, Federal Register, April 16,
2008, Volume 73, Number 74, Notices, Page 20608, Notice.
[TEXT] [PDF]
Mission Description: The United States Department of Commerce, International
Trade Administration (ITA) is organizing a Business Development Mission to Erbil,
Iraq, June 2008.* The business development mission will focus on establishing
business meetings between U.S. companies and Iraqi companies, for both export and
investment. The mission will be open to U.S. companies from all non-petroleum
sectors. Companies with interests in the housing, financial services, agribusiness/food processing, healthcare, tourism, IT, transportation, or franchising
sectors will be preferred. This mission will be led by a Senior Commerce Department
official. The ITA will provide participating U.S. companies an opportunity to meet
with key officials from the Kurdistan Regional Government (KRG), local chambers of
commerce and other business groups, and various Iraqi companies. The ITA also
seeks to provide participating U.S. companies an opportunity to visit key commercial
sites in Erbil. Security will be furnished by the U.S. Embassy Regional Reconstruction
Team in Erbil, private hotel security, and the KRG.
*Specific dates redacted. Please contact Adam Choppin
(adam.choppin@mail.doc.gov or (202) 482-5228) for further information.
INTERNATIONAL TRADE ADMINISTRATION (ITA)
Expected non-market economy wages, request for comments on 2007
calculation: Expected Non-Market Economy Wages: Request for Comments on 2007
Calculation, Federal Register, April 11, 2008, Volume 73, Number 71, Notices, Page
19812, Request for comment.
[TEXT] [PDF]
(Any comments must be submitted no later than 10 days after publication of this
notice.)
SUMMARY: The Department of Commerce (DOC or Department) has a longstanding
practice of calculating expected non-market economy (NME) wages for use as the
surrogate value for direct labor in antidumping proceedings involving NME countries.
These expected NME wages are calculated annually in accordance with the
Department's regulations, See 19 CFR 351.408 (c)(3). This notice constitutes the
Department's 2007 expected NME wages, which were calculated from 2005 data
made available in 2007 according to the Department's revised methodology
described in the Federal Register notice entitled Antidumping Methodologies: Market
Economy Inputs, Expected Non-Market Economy Wages, Duty Drawback; and
Request for Comments, 71 FR 61716, Oct. 19, 2006 (hereafter, the Antidumping
Methodologies notice), and provides the public with an opportunity to comment on
potential clerical errors in the calculation.
Issuance of an Export Trade Certificate of Review, Application No. 0800001: Export Trade Certificate of Review, Federal Register, April 16, 2008, Volume
73, Number 74, Notices, Page 20611, Notice of Issuance of an Export Trade
Certificate of Review, Application No. 08-00001.
[TEXT] [PDF]
SUMMARY: On April 10, 2008, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to Artalex Global (ARGLO). This notice
summarizes the conduct for which certification has been granted.
PROTECTION PROVIDED BY CERTIFICATE: This Certificate protects ARGLO and its
directors, officers, and employees acting on its behalf, from private treble damage
actions and government criminal and civil suits under U.S. federal and state antitrust
laws for the export conduct specified in the Certificate and carried out during its
effective period in compliance with its terms and conditions.
North American Free Trade Agreement, amendments to rules of procedure
for Article 1904 Binational Panel Reviews: North American Free Trade
Agreement: Amendments to Rules of Procedure for Article 1904 Binational Panel
Reviews, Federal Register, April 10, 2008, Volume 73, Number 70, Notices, Page
19458, Docket Number: 080403512-8513-01, Amendments to Rules of Procedure for
NAFTA Article 1904, Binational Panel Reviews.
[TEXT] [PDF]
(These amendments to the rules of procedure shall apply to all binational panel
proceedings commenced by a Request for Panel Review filed with the North
American Free Trade Agreement Secretariat, United States Section, on or after April
10, 2008.)
SUMMARY: Canada, Mexico and the United States have amended the rules of
procedure for Article 1904 binational panel reviews. These rules apply to binational
panel proceedings conducted pursuant to Article 1904 of the North American Free
Trade Agreement (NAFTA or the Agreement). These amendments are intended to
improve the panel review process under Chapter Nineteen of NAFTA to increase its
efficiency and effectiveness.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)
National Fire Codes, request for comments: National Fire Codes: Request for
Comments on NFPA Technical Committee Reports, Federal Register, April 4, 2008,
Volume 73, Number 66, Notices, Page 18512, Notice.
[TEXT] [PDF]
(Twenty-seven reports have been published in the 2009 Annual Cycle Report on
Proposals and are available June 20, 2008. Any comments received on or before
August 29, 2008, will be considered by the respective National Fire Protection
Association Committees before final action is taken on the proposals.)
SUMMARY: Since 1896, the National Fire Protection Association (NFPA or Association)
has accomplished its mission by advocating scientifically based consensus codes and
standards, research, and education for safety related issues. The NFPA's National
Fire Codes, which holds over 270 documents, are administered by more than 225
Technical Committees comprised of approximately 7,000 volunteers and are adopted
and used throughout the world. The NFPA is a nonprofit membership organization
with approximately 80,000 members from over 70 nations, all working together to
fulfill the Association's mission.
Note: Under new rules effective Fall 2005, anyone wishing to make Amending
Motions on the Technical Committee Reports (ROP and ROC) must signal their
intention by submitting a Notice of Intent to Make a Motion by the Deadline of April
3, 2009. Certified motions will be posted by May 1, 2009. Documents that receive
notice of proper Amending Motions (Certified Amending Motions) will be presented
for action at the Annual 2009 Association Technical Meeting. Documents that receive
no motions will be forwarded directly to the Standards Council for action on issuance
at its August 6, 2009 meeting.
For more information on these new rules and for up-to-date information on
schedules and deadlines for processing NFPA Documents, check the NFPA Web site at
www.nfpa.org or contact NFPA Codes and Standards Administration.
The purpose of this notice is to request comments on the technical reports that
will be presented at the NFPA's 2009 Annual Revision Cycle. The publication of this
notice by the National Institute of Standards and Technology (NIST) on behalf of the
NFPA is being undertaken as a public service; the NIST does not necessarily endorse,
approve, or recommend any of the standards referenced in the notice.
National Fire Codes, request for proposals for revision of codes and
standards: National Fire Codes: Request for Proposals for Revision of Codes and
Standards, Federal Register, April 4, 2008, Volume 73, Number 66, Notices, Page
18513, Notice.
[TEXT] [PDF]
(Interested persons may submit proposals on or before the dates listed with the
standards in the linked document.)
SUMMARY: The National Fire Protection Association (NFPA) proposes to revise some
of its fire safety codes and standards and requests proposals from the public to
amend existing or begin the process of developing new NFPA fire safety codes and
standards. The purpose of this request is to increase public participation in the
system used by NFPA to develop its codes and standards. The publication of this
notice of request for proposals by the National Institute of Standards and
Technology (NIST) on behalf of NFPA is being undertaken as a public service; the
NIST does not necessarily endorse, approve, or recommend any of the standards
referenced in the notice.
Note: Under new rules effective Fall 2005, anyone wishing to make Amending
Motions on the Technical Committee Reports (ROP and ROC) must signal their
intention by submitting a Notice of Intent to Make a Motion by the Deadline stated in
the ROC. Certified motions will then be posted on the NFPA website. Documents that
receive notice of proper Amending Motions (Certified Amending Motions) will be
presented for action at the Annual Association Technical Meeting. Documents that
receive no motions will be forwarded directly to the Standards Council for action on
issuance.
For more information on these new rules and for up-to-date information on
schedules and deadlines for processing NFPA Documents, check the NFPA Web site at
http://www.nfpa.org or contact NFPA Codes and Standards Administration.
NATIONAL MARINE FISHERIES SERVICE (NMFS) AND NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
Atlantic Coastal Fisheries Cooperative Management Act provisions, tautog
fishery: Atlantic Coastal Fisheries Cooperative Management Act Provisions; Tautog
Fishery, Federal Register, April 3, 2008, Volume 73, Number 65, Notices, Page
18260, RIN 0648-XG78, Notice of cancellation of federal moratorium.
[TEXT] [PDF]
(This cancellation of federal moratorium is effective March 31, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) cancels the federal
moratorium on fishing for tautog in the state waters of New Jersey because it has
been determined that New Jersey is now in compliance with the Atlantic States
Marine Fisheries Commission's (Commission) Tautog Interstate Fishery Management
Plan (Plan).
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic, SnapperGrouper Fishery off the southern Atlantic states: Fisheries of the Caribbean,
Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern
Atlantic States; Amendment 18, Federal Register, April 7, 2008, Volume 73, Number
67, Notices, Page 18782, RIN 0648-XG63, Notice of intent (NOI) to prepare a draft
environmental impact statement (DEIS), notice of scoping meetings, request for
comments.
[TEXT] [PDF]
(Any written comments on the scope of issues to be addressed in the draft
environmental impact statement must be received by 5 p.m., Eastern Time, May 16,
2008.)
SUMMARY: The South Atlantic Fishery Management Council (Council) intends to
prepare a draft environmental impact statement (DEIS) to assess the impacts on the
natural and human environment of the management measures proposed in its
revised draft Amendment 18 to the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP).
Fisheries off west coast states and in the Western Pacific, Pacific Coast
Groundfish Fishery, application for exempted fishing permit: Fisheries Off
West Coast States and in the Western Pacific; Pacific Coast Groundfish Fishery;
Application for an Exempted Fishing Permit (EFP), Federal Register, April 8, 2008,
Volume 73, Number 68, Notices, Page 19050, RIN 0648-XG92, Notice, receipt of EFP
applications, intent to issue EFPs, request for comments.
[TEXT] [PDF]
(Any comments must be received no later than 5 p.m., local time May 8, 2008.)
SUMMARY: The National Marine Fisheries Service (NMFS) announces the receipt of
two exempted fishing permit (EFP) applications, and the intent to issue EFPs for
vessels participating in the EFP fisheries. The EFPs are to allow activities that are
otherwise prohibited by federal regulations. The EFPs are effective no earlier than
May 1, 2008, and expire no later than December 31, 2008, but could be terminated
earlier under terms and conditions of the EFPs and other applicable laws.
Guidelines for coastal and estuarine land conservation, proposed revision:
Notice of Proposed Revision to Guidelines for Coastal and Estuarine Land
Conservation Program, Federal Register, April 9, 2008, Volume 73, Number 69,
Notices, Page 19193, Request for comments for proposed revision to program
guidelines.
[TEXT] [PDF]
(Any comments on the Coastal and Estuarine Land Conservation Program guidelines
are requested by June 9, 2008, for consideration.)
SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is planning
to update and revise its Guidelines for the Coastal and Estuarine Land Conservation
Program (CELCP) after five years implementing the program under these guidelines.
This notice invites interested parties to provide comments or suggestions to NOAA
for consideration in updating the CELCP guidelines.
Marine mammals, amendment application: Marine Mammals; File No. 10014-01,
Federal Register, April 9, 2008, Volume 73, Number 69, Notices, Page 19194, RIN
0648-XH01, Notice, receipt of application for amendment.
[TEXT] [PDF] Request for increase in dolphin number.
[TEXT] [PDF] Original permit issuance.
(Any written, telefaxed, or e-mail comments must be received on or before May 9,
2008.)
SUMMARY: The New Jersey Department of Environmental Protection (NJDEP),
Division of Science, Research and Technology, P.O. Box 409, Trenton, NJ 086250409, has applied in due form for an amendment to their Permit No. 10014 to allow
them to take additional marine mammals during scientific research surveys.
DETAILS: The subject permit amendment is requested under the authority of the
Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et
seq.), and the regulations for the taking and importing of marine mammals (50 CFR
part 216).
The NJDEP seeks permission to increase the number of marine mammals taken
during research conducted to figure out the distribution and abundance of baleen
whales, odontocete whales, pinnipeds, and sea turtles. Research would include take
by survey approach during shipboard and aircraft transect surveys. Researchers
request authorization to take up to 2,500 common dolphins (Delphinus delphis),
3,200 bottlenose dolphins (Tursiops truncatus), and 1,280 harbor porpoises
(Phocoena phocoena) annually. The study area would continue to include U.S. waters
offshore of southern New Jersey out to a distance of 20 nautical miles.
Meetings, North Pacific Fishery Management Council: North Pacific Fishery
Management Council; Public Meeting, Federal Register, April 3, 2008, Volume 73,
Number 65, Notices, Page 18261, RIN: 0648-XG79, Notice of a public meeting.
[TEXT] [PDF]
(The meeting will be held April 23, 2008, from 9 a.m. to 5 p.m.)
SUMMARY: The North Pacific Fishery Management Council's (Council) NonTarget Species Committee will meet April 23, 2008 at the Alaska Fishery Science
Center, National Marine Mammal Conference Room.
DISCUSSION TOPIC: The Non-Target Species Committee will consider possible
priorities for breaking out different groups from the “other species” complexes in the
Bering Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA) groundfish fishery
management plans, so quicker action can be taken for more vulnerable groups. The
proposed priorities for action include: (1) move BSAI and/or GOA squid into the
forage fish category; (2) move BSAI and/or GOA octopus into the forage fish
category or remove it from the FMPs and defer management to the State of Alaska;
(3) delete an alternative to add grenadiers to the TAC specification process; and (4)
separate the proposed alternatives into distinct BSAI and GOA amendment
packages. The Committee will develop recommendations on these priority actions.
U.S. Climate Change Science Program Synthesis and Assessment Product
draft report, re-analyses of historical climate data for key atmospheric
features etc.: U.S. Climate Change Science Program Synthesis and Assessment
Product Draft Report 1.3 “Re-analyses of Historical Climate Data for Key Atmospheric
Features. Implications for Attribution of Causes of Observed Change”, Federal
Register, April 14, 2008, Volume 73, Number 72, Notices, Page 20034, RIN 0648XH06, Notice of availability and request for public comments.
[TEXT] [PDF]
(Any comments must be received by May 29, 2008.)
SUMMARY: The National Oceanic and Atmospheric Administration publishes this
notice to announce a 45-day public comment period for the draft report titled, U.S.
Climate Change Science Program Synthesis and Assessment Product 1.3 “Reanalyses of historical climate data for key atmospheric features: Implications for
attribution of causes of observed change.”
This draft report is being released solely for the purpose of pre-dissemination peer
review under applicable information quality guidelines. This document has not been
formally disseminated by NOAA. It does not represent and should not be construed
to represent any Agency policy or determination. After consideration of comments
received on the draft report, a revised version along with the comments received will
be published on the Climate Change Science Program (CCSP) web site.
------------------------------------------FEDERAL TRADE COMMISSION (FTC)
NEWLY PUBLISHED REGULATIONS
None.
SELECTED PROPOSED RULES
Textile Fiber Products Identification Act, rules and regulations: Rules and
Regulations Under the Textile Fiber Products Identification Act, Federal Register, April
7, 2008, Volume 73, Number 67, Proposed Rules, Page 18727, 16 CFR Part 303,
Reopening of comment period.
[TEXT] [PDF]
(Any comments are accepted until May 5, 2008.)
SUMMARY: The Federal Trade Commission (Commission or FTC), under a Petition
filed by Mohawk Industries, Inc. (Mohawk), E. I. du Pont de Nemours and Company
(DuPont), and PTT Poly Canada (PTT Canada) (hereinafter Petitioners), solicited
comments on whether the Commission should: amend Rule 7(c) of the Rules and
Regulations Under the Textile Fiber Products Identification Act (Textile Rules) to
establish a new generic fiber subclass name and definition within the existing
definition of polyester for a specifically proposed subclass of polyester fibers made
from poly(trimethylene terephthalate) (PTT); amend Rule 7(c) to broaden or clarify
its definition of “polyester” to describe more accurately the PTT fiber; or retain Rule
7(c)'s definition of “polyester.” The Commission received comments through
November 12, 2007. Based on those comments, the Commission reopens the
comment period for an additional 30 days.
SELECTED NOTICES
Analysis of proposed consent order to aid public comment, Reed Elsevier
Inc. and Seisint, Inc.: Reed Elsevier Inc. and Seisint, Inc.; Analysis of Proposed
Consent Order to Aid Public Comment, Federal Register, April 3, 2008, Volume 73,
Number 65, Notices, Page 18279, File No. 052 3094, Proposed Consent Agreement.
[TEXT] [PDF]
(Any comments must be received on or before April 28, 2008.)
SUMMARY: The consent agreement in this matter settles alleged violations of federal
law prohibiting unfair or deceptive acts or practices or unfair methods of competition.
The attached Analysis to Aid Public Comment describes both the allegations in the
draft complaint and the terms of the consent order--embodied in the consent
agreement--that would settle these allegations.
ANALYSIS OF AGREEMENT CONTAINING CONSENT ORDER TO AID PUBLIC COMMENT
The Federal Trade Commission has accepted, subject to final approval, a consent
agreement from Reed Elsevier Inc. (REI) and Seisint, Inc. (Seisint).
The proposed consent order has been placed on the public record for thirty (30)
days for receipt of comments by interested persons. Comments received during this
period will become part of the public record. After thirty (30) days, the Commission
will again review the agreement and the comments received, and will decide whether
it should withdraw from the agreement and take appropriate action or make final
the agreement's proposed order.
The Commission's proposed complaint alleges that REI (through its LexisNexis
division) and Seisint are data brokers. REI acquired Seisint on September 1, 2004
and has continued to operate Seisint under the Seisint name; REI also uses Seisint's
technologies and facilities in REI's LexisNexis data broker business. In connection
with Seisint's business, proposed respondents collect, and store in electronic
databases, information about millions of consumers, including names, current and
prior addresses, dates of birth, driver's license numbers, and Social Security
numbers (SSNs). They also sell products customers use to retrieve information from
the databases, including products to locate assets and people, authenticate
identities, and verify credentials. Until at least mid-2005, access to information in
Seisint databases was controlled using only user IDs and passwords (credentials).
Seisint customers include insurance companies, debt collectors, employers,
landlords, law firms, and law enforcement and other government agencies.
The complaint further alleges that REI and Seisint engaged in a number of
practices that, taken together, failed to provide reasonable and appropriate security
for sensitive consumer information stored in Seisint databases. In particular, they:
(1) failed to make credentials hard to guess; (2) failed to require periodic changes of
credentials (such as every 90 days, for customers with access to sensitive consumer
information); (3) failed to suspend credentials after a certain number of unsuccessful
log-in attempts; (4) allowed customers to store their credentials in a vulnerable
format in cookies on their computers; (5) failed to require customers to encrypt or
otherwise protect credentials, search queries, and/or search results in transit
between customer computers and Seisint websites; (6) allowed customers to create
new credentials without confirming that the new credentials were created by
customers rather than identity thieves; (7) permitted users to share credentials; (8)
did not adequately assess the vulnerability of Seisint's web application and computer
network to commonly known or reasonably foreseeable attacks, such as “Cross-Site
Scripting” attacks; and (9) did not implement simple, low-cost, and readily available
defenses to such attacks. As a result, an attacker could easily guess or intercept the
user credentials of legitimate customers and use them to access sensitive
information--including SSNs--about millions of consumers.
The complaint alleges that on multiple occasions since January 2003, identity
thieves exploited these vulnerabilities to obtain the credentials of legitimate Seisint
customers. The thieves then used the credentials to make thousands of unauthorized
searches for consumer information in Seisint databases. These breaches disclosed
sensitive information about more than 300,000 consumers, including, in many
instances, names, current and prior addresses, dates of birth, and SSNs. In some
instances, the thieves opened new credit accounts in the names of consumers whose
information was disclosed and made purchases on the new accounts. In other
instances, they used the information to activate newly-issued credit cards stolen
from legitimate cardholders and then made fraudulent purchases on the cards.
Although some of these breaches occurred before REI acquired Seisint on September
1, 2004, they continued for at least 9 months after the acquisition, during which time
Seisint was under REI's control.
The proposed order applies to nonpublic information sold by Seisint and
LexisNexis, as well as by any other business within REI to the extent that the
business sells products that include an SSN, driver's license number; date of birth;
or bank, credit card, or other financial account number or information. The order also
contains provisions designed to prevent respondents from engaging in the future in
practices similar to those alleged in the complaint.
Part I of the proposed order requires each respondent to establish and maintain a
comprehensive information security program that is reasonably designed to protect
the security, confidentiality, and integrity of nonpublic personal information collected
from or about consumers. The security programs must contain administrative,
technical, and physical safeguards appropriate to the respondent's size and
complexity, the nature and scope of its activities, and the sensitivity of the personal
information collected from or about consumers. Specifically, the order requires each
respondent to:
Designate an employee or employees to coordinate and be accountable for
the information security program.
Identify material internal and external risks to the security, confidentiality,
and integrity of customer information that could result in the unauthorized
disclosure, misuse, loss, alteration, destruction, or other compromise of such
information, and assess the sufficiency of any safeguards in place to control
these risks.
Design and implement reasonable safeguards to control the risks identified
through risk assessment, and regularly test or monitor the effectiveness of
the safeguards' key controls, systems, and procedures.
Develop and use reasonable steps to select and retain service providers
capable of appropriately safeguarding personal information they receive from
the respondent, and require service providers by contract to implement and
maintain appropriate safeguards.
Evaluate and adjust its information security programs in light of the
results of testing and monitoring, any material changes to operations or
business arrangements, or any other circumstances that it knows or has
reason to know may have material impact on its information security
program.
Part II of the proposed order requires each respondent to obtain within 180 days,
and on a biennial basis thereafter for a period of twenty (20) years, an assessment
and report from a qualified, objective, independent third-party professional,
certifying, among other things, that: (1) it has in place a security program that
provides protections that meet or exceed the protections required by Part I of the
proposed order; and (2) its security program is operating with sufficient
effectiveness to provide reasonable assurance that the security, confidentiality, and
integrity of consumers' personal information has been protected.
Parts III through VII of the proposed order are reporting and compliance
provisions. Part III requires respondents to retain documents relating to their
compliance with the order. For most records, the order requires that the documents
be retained for a five-year period. For the third-party assessments and supporting
documents, respondents must retain the documents for a period of three years after
the date that each assessment is prepared. Part IV requires dissemination of the
order now and in the future to persons with responsibilities relating to the subject
matter of the order. Part V ensures notification to the FTC of changes in corporate
status. Part VI mandates that each respondent submit a compliance report to the
FTC within 180 days, and periodically thereafter as requested. Part VII is a provision
“sunsetting” the order after twenty (20) years, with certain exceptions.
This is the Commission's nineteenth case to challenge the failure by a company to
implement reasonable information security practices. Each of the Commission's cases
to date has alleged that a number of security practices, taken together, failed to
provide reasonable and appropriate security to prevent unauthorized access to
consumers' information. The practices challenged in the cases have included, but are
not limited to: (1) creating unnecessary risks to sensitive information by storing it on
computer networks without a business need to do so; (2) storing sensitive
information on networks in a vulnerable format; (3) failing to use readily available
security measures to limit access to a computer network through wireless access
points on the network; (4) failing to adequately assess the vulnerability of a web
application and computer network to commonly known or reasonably foreseeable
attacks; (5) failing to implement simple, low-cost, and readily available defenses to
such attacks; and (6) failing to use readily available security measures to limit
access between computers on a network and between such computers and the
Internet. This proposed action against REI and Seisint is the first to challenge alleged
security failures involving the security of passwords. Passwords are a critical part of
a reasonable and appropriate security program because passwords are typically the
first (and are often the only) method used to authenticate (or authorize) users to
access resources, such as programs and databases, available on a computer network
or online.
The purpose of this analysis is to facilitate public comment on the proposed order.
It is not intended to constitute an official interpretation of the proposed order or to
modify its terms in any way.
Analysis of proposed consent order to aid public comment, The TJX
Companies, Inc.: The TJX Companies, Inc., Analysis of Proposed Consent Order to
Aid Public Comment, Federal Register, April 3, 2008, Volume 73, Number 65,
Notices, Page 18281, File No. 072 3055, Proposed Consent Agreement.
[TEXT] [PDF]
(Any comments must be received on or before April 28, 2008.)
SUMMARY: The consent agreement in this matter settles alleged violations of federal
law prohibiting unfair or deceptive acts or practices or unfair methods of competition.
The attached Analysis to Aid Public Comment describes both the allegations in the
draft complaint and the terms of the consent order--embodied in the consent
agreement--that would settle these allegations.
ANALYSIS OF AGREEMENT CONTAINING CONSENT ORDER TO AID PUBLIC COMMENT
The Federal Trade Commission (FTC or Commission) has accepted, subject to final
approval, a consent agreement from The TJX Companies, Inc. (TJX).
The proposed consent order has been placed on the public record for thirty (30)
days for receipt of comments by interested persons. Comments received during this
period will become part of the public record. After thirty (30) days, the Commission
will again review the agreement and the comments received, and will decide whether
it should withdraw from the agreement and take appropriate action or make final
the agreement's proposed order.
According to the Commission's complaint, TJX is an off-price retailer selling
apparel and home fashions in over 2,500 stores worldwide. Consumers may pay for
purchases at these stores with credit and debit cards (collectively, “payment cards”),
cash, or personal checks. In selling its products, TJX routinely uses its computer
networks to collect personal information from consumers to obtain authorization for
payment card purchases, verify personal checks, and process merchandise returned
without receipts (unreceipted returns). Among other things, it collects: (1) account
number, expiration date, and an electronic security code for payment card
authorization; (2) bank routing, account, and check numbers and, in some instances,
driver's license number and date of birth for personal check verification; and (3)
name, address, and drivers' license or military or state identification number
(personal ID numbers) for unreceipted returns (collectively, personal information).
This information is particularly sensitive because it can be used to facilitate payment
card fraud and other consumer harm.
The Commission's proposed complaint alleges that since at least July 2005, TJX
engaged in a number of practices that, taken together, failed to provide reasonable
and appropriate security for personal information on its computer networks. Among
other things, TJX: (a) created an unnecessary risk to personal information by storing
it on, and transmitting it between and within, in-store and corporate networks in
clear text; (b) did not use readily available security measures to limit wireless access
to its networks, thereby allowing an intruder to connect wirelessly to in-store
networks without authorization; (c) did not require network administrators and other
users to use strong passwords or to use different passwords to access different
programs, computers, and networks; (d) failed to use readily available security
measures to limit access among computers and the internet, such as by using a
firewall to isolate card authorization computers; and (e) failed to employ sufficient
measures to detect and prevent unauthorized access to computer networks or to
conduct security investigations, such as by patching or updating anti-virus software
or following up on security warnings and intrusion alerts.
The complaint alleges that the breach compromised tens of millions of payment
cards as well as the personal information of approximately 455,000 consumers who
had made unreceipted returns. The complaint further alleges that issuing banks have
claimed tens of millions of dollars in fraudulent charges on some of these payment
card accounts. Issuing banks also have cancelled and re-issued millions of payment
cards, and according to the complaint, consumers holding these cards were unable to
use them to access their credit and bank accounts until they received the
replacement cards. Additionally, the complaint alleges that some consumers have
obtained or will have to obtain new personal ID numbers, such as new drivers'
licenses.
The proposed order applies to personal information TJX collects from or about
consumers. It contains provisions designed to prevent TJX from engaging in the
future in practices similar to those alleged in the complaint.
Part I of the proposed order requires TJX to establish and maintain a
comprehensive information security program in writing that is reasonably designed
to protect the security, confidentiality, and integrity of personal information collected
from or about consumers. The security program must contain administrative,
technical, and physical safeguards appropriate to TJX's size and complexity, the
nature and scope of its activities, and the sensitivity of the personal information
collected from or about consumers. Specifically, the order requires TJX to:
Designate an employee or employees to coordinate and be accountable for
the information security program.
Identify material internal and external risks to the security, confidentiality,
and integrity of personal information that could result in the unauthorized
disclosure, misuse, loss, alteration, destruction, or other compromise of such
information, and assess the sufficiency of any safeguards in place to control
these risks.
Design and implement reasonable safeguards to control the risks identified
through risk assessment, and regularly test or monitor the effectiveness of
the safeguards' key controls, systems, and procedures.
Develop and use reasonable steps to retain service providers capable of
appropriately safeguarding personal information they receive from
respondents, require service providers by contract to implement and maintain
appropriate safeguards, and monitor their safeguarding of personal
information.
Evaluate and adjust its information security program in light of the results
of the testing and monitoring, any material changes to its operations or
business arrangements, or any other circumstances that it knows or has
reason to know may have a material impact on the effectiveness of their
information security program.
Part II of the proposed order requires that TJX obtain, covering the first 180 days
after the order is served, and on a biennial basis thereafter for twenty (20) years, an
assessment and report from a qualified, objective, independent third-party
professional, certifying, among other things, that (1) it has in place a security
program that provides protections that meet or exceed the protections required by
Part I of the proposed order; and (2) its security program is operating with sufficient
effectiveness to provide reasonable assurance that the security, confidentiality, and
integrity of consumers' personal information is protected.
Parts III through VII of the proposed order are reporting and compliance
provisions. Part III requires TJX to retain documents relating to its compliance with
the order. For most records, the order requires that the documents be retained for a
five-year period. For the third-party assessments and supporting documents, TJX
must retain the documents for a period of three years after the date that each
assessment is prepared. Part IV requires dissemination of the order now and in the
future to principals, officers, directors, and managers having responsibilities relating
to the subject matter of the order. Part V ensures notification to the FTC of changes
in corporate status. Part VI mandates that TJX submit an initial compliance report to
the FTC, and make available to the FTC subsequent reports. Part VII is a provision
“sunsetting” the order after twenty (20) years, with certain exceptions.
This is the Commission's twentieth case to challenge the failure by a company to
implement reasonable information security practices. Each of the Commission's cases
to date has alleged that a number of security practices, taken together, failed to
provide reasonable and appropriate security to prevent unauthorized access to
consumers' information. The practices challenged in the cases have included, but are
not limited to: (1) creating unnecessary risks to sensitive information by storing it on
computer networks without a business need to do so; (2) storing sensitive
information on networks in a vulnerable format; (3) failing to use readily available
security measures to limit access to a computer network through wireless access
points on the network; (4) failing to adequately assess the vulnerability of a web
application and computer network to commonly known or reasonably foreseeable
attacks; (5) failing to implement simple, low-cost, and readily available defenses to
such attacks; (6) failing to use readily available security measures to limit access
between computers on a network and between such computers and the internet, and
(7) failing to use strong passwords to authenticate (or authorize) users to access
programs and databases on computer networks or online.
The purpose of the analysis is to aid public comment on the proposed order. It is
not intended to constitute an official interpretation of the proposed order or to
modify its terms in any way.
---------------------------------------------SECURITIES AND EXCHANGE (SEC)
NEWLY PUBLISHED REGULATIONS
Electronic filing and revision of Form D, correction: Electronic Filing and
Revision of Form D, Federal Register, April 15, 2008, Volume 73, Number 73,
Corrections, Page 20367, 17 CFR Parts 230, 232, and 239, RELEASE NOS. 33-8891,
34-57280, 39-2453, IC-28145, FILE NO. S7-12-07, RIN 3235-AJ87, Correction.
[TEXT] [PDF]
CORRECTION: In rule document E8-3545 beginning on page 10592 in the issue of
Wednesday, February 27, 2008, the following correction is made:
On page 10609, in the third column, in the first full paragraph, in the second
to last line, “Form D” should read “Form ID”.
Revisions To Form S-11 To permit historical incorporation by reference:
Revisions to Form S-11 To Permit Historical Incorporation by Reference, Federal
Register, April 15, 2008, Volume 73, Number 73, Rules and Regulations, Page
20511, Part IV, 17 CFR Part 239, Release No. 33-8909, File No. S7-30-07, RIN 3235AK02, Final rule.
[TEXT] [PDF]
(This final rule is effective April 15, 2008.)
SUMMARY: The Securities and Exchange Commission (SEC or Commission) amends
Form S-11, a registration statement used by real estate entities to register offerings
under the Securities Act of 1933. The amendments permit an entity that has filed an
annual report for its most recently completed fiscal year and that is current in its
reporting obligations under the Securities Exchange Act of 1934 to incorporate by
reference into Form S-11 information from its previously filed Exchange Act reports
and documents. The amendments are identical to amendments to Form S-1 and
Form F-1 previously adopted by the Commission and effective as of December 1,
2005.
SELECTED NOTICES
Agency information collection activities, proposals, submissions, and
approvals: Submission for OMB Review, Comment Request, Federal Register, April
16, 2008, Volume 73, Number 74, Notices, Page 20723.
[TEXT] [PDF]
The Securities and Exchange Commission (SEC or Commission) has submitted to the
Office of Management and Budget (OMB) a request for approval of the extension of
the previously approved collection of information on the following rule: Rule 17a-13
(17 CFR 240.17a-13) under the Securities Exchange Act of 1934 (15 U.S. C. 78a et
seq.).
Order of suspension of trading, Alternative Energy Technology Center, Inc.:
In the Matter of: The Alternative Energy Technology Center, Inc.; Order of
Suspension of Trading, Federal Register, April 4, 2008, Volume 73, Number 66,
Notices, Page 18587, File No. 500-1.
[TEXT] [PDF]
ORDER OF SUSPENSION OF TRADING, April 2, 2008: The Securities and Exchange
Commission (Commission) suspended trading in the securities of The Alternative
Energy Technology Center, Inc from 9:30 a.m. EDT, April 2, 2008, through 11:59
p.m. EDT, on April 15, 2008. Questions arose concerning the company's reliance on
Rule 504 of Regulation D of the Securities Act of 1933 in conducting a distribution of
its securities, and the accuracy and adequacy of statements in the company's press
releases regarding its rights to certain technology. The Alternative Energy
Technology Center, Inc., a company that has made no public filings with the
Commission, is quoted on the Pink Sheets under the ticker symbol AETE, and has
recently been the subject of spam e-mail touting the company's shares.
---------------------------------------------U.S. TRADE REPRESENTATIVE (USTR)
NEWLY PUBLISHED REGULATIONS
None.
SELECTED NOTICES
Generalized system of preferences (GSP), re-initiation of a review to
consider the designation of the Republic of Azerbaijan as a beneficiary
developing country: Generalized System of Preferences (GSP): Re-initiation of a
Review to Consider the Designation of the Republic of Azerbaijan as a Beneficiary
Developing Country Under the GSP, Federal Register, April 11, 2008, Volume 73,
Number 71, Notices, Page 19909, Notice and solicitation of public comment.
[TEXT] [PDF]
(Any comments are due by Wednesday April 30, 2008, in accordance with the
requirements for submissions, explained in the linked document.)
SUMMARY: The Office of the United States Trade Representative (USTR) announces
the re-initiation of a review to consider designating the Republic of Azerbaijan as a
beneficiary developing country (BDC) for purposes of the GSP program, and solicits
public comment relating to the designation.
DETAILS: The Generalized System of Preferences (GSP) Subcommittee of the Trade
Policy Staff Committee (TPSC) has initiated a review to make a recommendation to
the President as to whether the Republic of Azerbaijan meets the eligibility criteria of
the GSP statute. After considering the recommendation, the President is authorized
to, and may, designate the country as a beneficiary developing country for purposes
of the GSP.
Interested parties are invited to submit comments. Documents should be
submitted in accordance with the instructions in the linked document, to be
considered in this review.
---------------------------------------------SELECTED PRESIDENTIAL DOCUMENTS
PROCLAMATIONS
Trade, Harmonized Tariff Schedule of the U.S.; modifications (Proc. 8228):
Proclamation 8228--To Modify the Harmonized Tariff Schedule of the United States
and for Other Purposes, Federal Register, April 2, 2008, Volume 73, Number 64,
Presidential Documents, Page 18139, Part III, The President, Proclamation 8228--To
Modify the Harmonized Tariff Schedule of the United States and for Other Purposes,
Presidential Determination No. 2008-16 of March 24, 2008--Determination To Waive
Military Coup-Related Provision of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008, With Respect to Pakistan, Presidential
Documents, Title 3--The President.
[TEXT] [PDF]
Proclamation 8228 of March 28, 2008
To Modify the Harmonized Tariff Schedule of the United States and for Other
Purposes
By the President of the United States of America
A Proclamation
1. Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988 (1988
Act) (19 U.S.C. 3005(a)) directs the United States International Trade Commission
(Commission) to keep the Harmonized Tariff Schedule of the United States (HTS)
under continuous review and periodically to recommend to the President such
modifications to the HTS as the Commission considers necessary or appropriate to
accomplish the purposes set forth in that subsection. In 2006, the Commission
recommended modifications to the HTS pursuant to Section 1205 of the 1988 Act to
conform the HTS to amendments made to the International Convention on the
Harmonized Commodity Description and Coding System (Convention). In Presidential
Proclamation 8097 of December 29, 2006, I modified the HTS pursuant to Section
1206(a) of the 1988 Act (19 U.S.C. 3006(a)) to conform the HTS to the Convention.
2. The Commission has recommended further modifications to the HTS pursuant to
Sections 1205(a) and (d) of the 1988 Act (19 U.S.C. 3005(a) and (d)) to alleviate
unnecessary administrative burdens, and to ensure that the prior modifications
proclaimed in Proclamation 8097 maintain substantial rate neutrality.
3. Section 1206(a) of the 1988 Act authorizes the President to proclaim modifications
to the HTS based on the recommendations of the Commission under Section 1205 of
the 1988 Act, if he determines that the modifications are in conformity with United
States obligations under the Convention and do not run counter to the national
economic interest of the United States. I have determined that the modifications to
the HTS proclaimed in this proclamation pursuant to Section 1206(a) of the 1988 Act
are in conformity with United States obligations under the Convention and do not run
counter to the national economic interest of the United States.
4. Presidential Proclamation 7746 of December 30, 2003, implemented the United
States-Chile Free Trade Agreement with respect to the United States, and
Presidential Proclamation 7747 of December 30, 2003, implemented the United
States-Singapore Free Trade Agreement with respect to the United States. In
Presidential Proclamation 8097, I proclaimed modifications to the HTS that I
determined were necessary or appropriate to continue to carry out the duty
reductions proclaimed in Proclamations 7746 and 7747.
5. In Presidential Proclamation 8214 of December 27, 2007, I further modified the
HTS pursuant to Section 1206(a) of the 1988 Act to ensure the continuation of tariff
and certain other treatment accorded originating goods under tariff categories
modified in Proclamation 8097 and to carry out the duty reductions proclaimed in
Proclamations 7746 and 7747. Technical rectifications to the HTS are required to
provide the intended tariff treatment.
6. On August 5, 2004, the United States entered into the Dominican Republic-Central
America-United States Free Trade Agreement (CAFTA-DR) with Costa Rica, the
Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua. The
Congress approved the CAFTA-DR in Section 101(a) of the Dominican RepublicCentral America-United States Free Trade Agreement Implementation Act (the
CAFTA-DR Act) (19 U.S.C. 4011).
7. Sections 321-328 of the CAFTA-DR Act (19 U.S.C. 4081-4088) authorize the
President to take certain actions in response to a request by an interested party
for relief from serious damage or actual threat thereof to a domestic industry
producing certain textile or apparel articles. I assigned certain functions under
these provisions to the Committee for the Implementation of Textile Agreements
(CITA) in Proclamation 7987 of February 28, 2006.
8. Executive Order 11651 of March 3, 1972, as amended, established CITA,
consisting of representatives of the Departments of State, the Treasury, Commerce,
and Labor, and the Office of the United States Trade Representative, with the
representative of the Department of Commerce as Chairman, to supervise the
implementation of textile trade agreements. Consistent with 3 U.S.C. 301, when
carrying out functions vested in the President by statute and assigned by the
President to CITA, the officials collectively exercising those functions are all to be
officers required to be appointed by the President with the advice and consent of the
Senate.
9. Section 604 of the Trade Act of 1974, as amended (Trade Act) (19 U.S.C. 2483),
authorizes the President to embody in the HTS the substance of the provisions of
that Act, and of other Acts affecting import treatment, and actions thereunder,
including removal, modification, continuance, or imposition of any rate of duty or
other import restriction.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America,
acting under the authority vested in me by the Constitution and the laws of the
United States of America, including but not limited to Section 1206 of the 1988 Act,
Sections 321-328 of the CAFTA-DR Act, Section 301 of title 3, United States Code,
and Section 604 of the Trade Act do proclaim that:
(1) In order to modify the HTS to conform it to the Convention or any amendment
thereto recommended for adoption, to promote the uniform application of the
Convention, to establish additional subordinate tariff categories, and to make
technical and conforming changes to existing provisions, the HTS is modified as set
forth in Annex I to this proclamation.
(2) In order to provide the intended tariff treatment to imports of originating goods
from Chile, the HTS is modified as set out in Section A of Annex II to this
proclamation.
(3) In order to provide the intended tariff treatment to imports of originating goods
from Singapore, the HTS is modified as set out in Section B of Annex II to this
proclamation.
(4) The CITA is authorized to exercise my authority under Sections 321-328 of the
CAFTA-DR Act to provide relief from imports that are the subject of a determination
under Section 322(a) of the CAFTA-DR Act, to the extent necessary to remedy or
prevent serious damage and to facilitate adjustment by the domestic industry.
(5) The United States Trade Representative shall modify the HTS in a notice
published in the Federal Register to reflect determinations pursuant to paragraph (4)
of this proclamation by the CITA.
(6) Any provisions of previous proclamations and Executive Orders that are
inconsistent with the actions taken in this proclamation are superseded to the extent
of such inconsistency.
(7) The modifications to the HTS set forth in Annex I and Annex II to this
proclamation shall be effective with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the respective dates specified in each section
of such Annexes for the goods described therein.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of
March, in the year of our Lord two thousand eight, and of the Independence of the
United States of America the two hundred and thirty-second.
(Presidential Sig.)