Commerce today’s Brief Includes (April 3-16)



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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 non-commercial 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 Mid-Atlantic 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, agri-business/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. 08-00001: 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, Snapper-Grouper 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 Snapper-Grouper 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 08625-0409, 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) Non-

Target 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 0648-XH06, 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 “Re-analyses 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.

---------------

---------------

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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.

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