Notices. Notice

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BILLING CODE 3410-11-P AMERICAN BATTLE MONUMENTS COMMISSION SES Performance Review Board AGENCY: American Battle Monuments Commission. ACTION: Notice. SUMMARY: Notice is hereby given of the appointment of members of the ABMC Performance Review Board. FOR FURTHER INFORMATION CONTACT: Theodore Gloukhoff, Director of Personnel and Administration, American Battle Monuments Commission, Courthouse Plaza II, Suite 500, 2300 Clarendon Boulevard, Arlington, Virginia, 22201-3367, Telephone Number:

(703)696-6908. American Battle Monuments Commission SES Performance Review Board Mr. Gerald W. Barnes, Chief, Operations Division, U.S. Army Corps of Engineers Mr. Donald L. Basham, Chief, Engineering & Construction, U.S. Army Corps of Engineers Mr. Stephen Coakley, Director of Resource Management, US Army Corps of Engineers Theodore Gloukhoff, Director, Personnel and Administration. [FR Doc. E5-7257 Filed 12-12-05; 8:45 am] BILLING CODE 6120-01-P DEPARTMENT OF COMMERCE International Trade Administration A-533-810 Stainless Steel Bar from India: Notice of Court Decision Not in Harmony and Continuation of Suspension of Liquidation AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On October 20, 2005, in *Slater Steels Corp. v. United States* , Consol. Court No. 02-00551, Slip Op. 05-137 (CIT October 20, 2005) (“ *Slater III* ”), a lawsuit challenging the Department of Commerce's (“the Department”) *Notice of Amended Final Results of Antidumping Duty Administrative Review: Stainless Steel Bar from India* , 67 FR 53336 (August 15, 2002) (“ *Final Results* ”) and the accompanying Issues and Decision Memorandum (July 5, 2002) (“ *Decision Memorandum* ”), the Court of International Trade (“CIT”) affirmed the Department's third remand determination and entered a judgment order. In the remand determination, the Department did not collapse Viraj Alloys Limited (“VAL”) with Viraj Impoexpo Limited (“VIL”) and Viraj Forgings Limited (“VFL”). The Department calculated an individual antidumping duty margin for VIL/VFL. The Department did not calculate an individual antidumping duty margin for VAL because it did not export the subject merchandise to the United States during the period of review. The resulting antidumping duty margin for VIL/VFL is 0.84 percent. Consistent with the decision of the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) in *Timken Co. v. United States* , 893 F.2d 337 (Fed. Cir. 1990) (“Timken”), the Department will continue to order the suspension of liquidation of the subject merchandise until there is a “conclusive” decision in this case. If the case is not appealed, or if it is affirmed on appeal, the Department will instruct the U.S. Customs and Border Protection (“CBP”) to liquidate all relevant entries of subject merchandise for VIL/VFL. EFFECTIVE DATE: October 30, 2005. FOR FURTHER INFORMATION CONTACT: Steve Williams, AD/CVD Enforcement Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone:

(202)482-4619. SUPPLEMENTARY INFORMATION: Background In the underlying administrative review covering the period February 1, 2000, though January 31, 2001, the Department collapsed VAL, VIL, and VFL pursuant to 19 USC § 1677(33) and 19 CFR § 351.401(f) (2000). *See Final Results; see also Decision Memorandum* at Comment 1. As a collapsed entity, VAL/VIL/VFL received a *de minimis* dumping margin. Based upon the record evidence, the Department found that VAL, VIL, and VFL “meet the regulations' collapsing requirements.” Decision Memorandum at Comment 1. First, the Department found that “VAL and VIL can produce subject merchandise ( *i.e.* , similar or identical products) and can continue to do so, independently or under existing leasing agreements, without substantial retooling of their production facilities.” Id. Second, the Department found “a significant potential for the manipulation of price and production among VIL, VAL, and VFL.” *Id* . Slater Steels Corporation, Carpenter Technology Corporation, Electralloy Corporation, and Crucible Specialty Metals Division of Crucible Materials Corporation (collectively, the “plaintiffs”/“defendant-intervenors”) challenged this determination before the CIT, arguing that the Department misapplied its collapsing regulation. The CIT determined that the Department's decision to collapse VAL, VIL, and VFL was not supported by substantial evidence on the record. Therefore, the CIT remanded the *Final Results* to the Department to reconsider its analysis of the collapsing issue and, if necessary, revise the dumping margin calculation accordingly. *See Slater Steels Corp. v. United States* , 279 F. Supp. 2d 1370 (CIT August 21, 2003) (“ *Slater I* ”). Pursuant to the CIT's order in Slater I, the Department filed its *Final Results of Redetermination Pursuant to Remand* (“ *Remand I* ”). In Remand I, the Department determined that its decision to collapse VAL, VIL, and VFL was supported by substantial evidence and in accordance with the law, and therefore, the Department did not revise its dumping margin calculations. Upon review of *Remand I* , the CIT again remanded the *Final Results* to the Department for further review of its collapsing determination, citing certain issues for the Department to reexamine. *See Slater Steels Corp. v. United States* , Court No. 02-00551, Slip Op. 04-22 (CIT March 8, 2004) (“ *Slater II* ”). In response to the CIT's instructions in *Slater II* , the Department filed its *Final Results of Redetermination Pursuant to Remand (“Remand II”)* . In *Remand II* , the Department addressed the concerns raised by the CIT in *Slater II* and found that the decision to collapse VAL, VIL, and VFL was supported by substantial evidence and in accordance with the law, and therefore, the Department did not revise its dumping margin calculations. Upon review of *Remand II* , the CIT again remanded the *Final Results* to the Department with specific instructions that the Department calculate individual dumping margins. *See Slater III* Slip Op. 05-137 at 15. The CIT found that the Department's decision to collapse VAL, VIL, and VFL in the *Final Results* was not consistent with the Department's decision not to collapse VAL, VIL, and VFL in previous reviews. *See Slater III* Slip Op. 05-137 at 15. In *Final Results of Redetermination Pursuant to Remand* (“ *Remand III* ”), the Department did not collapse VAL with VIL/VFL. *See Remand III* at 5-6. The Department collapsed VIL and VFL because the plaintiffs agreed in the underlying review that VIL and VFL should be collapsed. *See Remand III* at 5. VIL/VFL's resulting antidumping duty margin is 0.84 percent. *Id* . at 26. The CIT affirmed the Department's Remand III on October 20, 2005. *See Slater III* Slip Op. 05-137 at 4-5. Suspension of Liquidation The Federal Circuit, in *Timken* , held that the Department must publish notice of a decision of the CIT or the Federal Circuit which is not “in harmony” with the Department's *Final Results* . Publication of this notice fulfills that obligation. The Federal Circuit also held that the Department must suspend liquidation of the subject merchandise until there is a “conclusive” decision in the case. Therefore, pursuant to *Timken* , the Department must continue to suspend liquidation pending the expiration of the period to appeal the CIT's October 20, 2005, decision or, if that decision is appealed, pending a final decision by the Federal Circuit. The Department will instruct CBP to liquidate relevant entries covering the subject merchandise, in the event that the CIT's ruling is not appealed, or if appealed and upheld by the Court of Appeals for the Federal Circuit. Dated: December 7, 2005. Joesph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5-7275 Filed 12-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-583-816] Notice of Final Results and Final Rescission in Part of Antidumping Duty Administrative Review: Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On July 11, 2005, the Department of Commerce (“the Department”) published in the **Federal Register** the preliminary results of the administrative review of the order on certain stainless steel butt-weld pipe fittings from Taiwan. *See Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Notice of Intent To Rescind in Part* , 70 FR 39735 (July 11, 2005) (“ *Preliminary Results* ”). This review covers two manufacturers/exporters of the subject merchandise. The merchandise covered by this order is certain stainless steel butt-weld pipe fittings from Taiwan as described in the “Scope of the Order” section of this notice. The period of review (“POR”) is June 1, 2003, through May 31, 2004. We gave interested parties an opportunity to comment on the preliminary results. Based upon our analysis of the comments received, we made changes to the margin calculation for one respondent. Therefore, the final results have changed from the preliminary results of this review. The final weight-averaged dumping margin is listed below in the section titled “Final Results of the Review.” Effective Date: December 13, 2005. FOR FURTHER INFORMATION CONTACT: Helen Kramer or Abdelali Elouaradia, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-0405 and

(202)482-1374, respectively. SUPPLEMENTARY INFORMATION: Background The Department's preliminary results of review were published on July 11, 2005. *See Preliminary Results* . We invited parties to comment on the *Preliminary Results* . We received written comments on August 10, 2005, from Flowline Division of Markovitz Enterprise, Inc., Shaw Allow Piping Products, Inc., Gerlin, Inc., and Taylor Forge Stainless, Inc., collectively, “the petitioners.” On August 15, 2005, we received rebuttal comments from Ta Chen Stainless Pipe Co., Ltd. (“Ta Chen”) and its wholly owned U.S. subsidiary Ta Chen International, Inc. (“TCI”). The Department is conducting this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (“the Act”). Scope of the Order The products subject to this order are certain stainless steel butt-weld pipe fittings, whether finished or unfinished, under 14 inches inside diameter. Certain welded stainless steel butt-weld pipe fittings (“pipe fittings”) are used to connect pipe sections in piping systems where conditions require welded connections. The subject merchandise is used where one or more of the following conditions is a factor in designing the piping system:

(1)Corrosion of the piping system will occur if material other than stainless steel is used;

(2)contamination of the material in the system by the system itself must be prevented;

(3)high temperatures are present;

(4)extreme low temperatures are present; and

(5)high pressures are contained within the system. Pipe fittings come in a variety of shapes, with the following five shapes the most basic: “elbows,” “tees,” “reducers,” “stub ends,” and “caps.” The edges of finished pipe fittings are beveled. Threaded, grooved, and bolted fittings are excluded from this review. The pipe fittings subject to this review are classifiable under subheading 7307.23.00 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of this review is dispositive. Pipe fittings manufactured to American Society of Testing and Materials specification A774 are included in the scope of this order. Partial Rescission of Review In the *Preliminary Results* , the Department issued a notice of intent to rescind the review with respect to Liang Feng Stainless Steel Fitting Co., Ltd. (“Liang Feng”) and PFP Taiwan Co., Ltd. (“PFP”) because we found that both had no entries of subject merchandise during the POR. *See Preliminary Results* at 39737. The Department received no comments on this issue and we continue to find that rescission of the review of Liang Feng and PFP is appropriate. Therefore, the Department is rescinding the review with respect to Liang Feng and PFP. Duty Absorption In these final results, we continue to find duty absorption because Ta Chen and Tru-Flow provided no evidence on the record showing that their unaffiliated purchasers will pay the full duty ultimately assessed on the subject merchandise. ( *See Preliminary Results* at 39737, 39738.) Analysis of Comments Received All issues raised in the case briefs, as well as the Department's findings, in this administrative review are addressed in the Issues and Decision Memorandum for the Administrative Review of Stainless Steel Butt-Weld Pipe Fittings from Taiwan (“Decision Memorandum”), dated December 6, 2005, which is hereby adopted by this notice. A list of the issues raised and to which we have responded, all of which are in the Decision Memorandum, is appended to this notice. The Decision Memorandum is on file in the Central Records Unit in room B-099 of the main Commerce building, and can also be accessed directly on the Web at *http://ia.ita.doc.gov.* The paper copy and electronic version of the public version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the comments received, we have made a correction to direct selling expenses, by including the expenses reported in the field REPACKU in the calculation of U.S. direct selling expenses. *See* the Decision Memorandum at Comment 5. Final Results of Review As a result of our review, we determine that the following weighted-average margins exists for the period June 1, 2003, through May 31, 2004: Manufacturer/Exporter Weighted-Average Margin (Percentage) Ta Chen Stainless Pipe Co., Ltd 2.32 Tru-Flow Industrial Co., Ltd 152.40 Assessment Rates The Department will determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries, pursuant to section 751(a)(1)(B) of the Act and 19 CFR 351.212(b). The Department calculated importer-specific duty assessment rates on the basis of the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the assessment rate is above *de minimis* , we will instruct CBP to assess duties on all entries of subject merchandise produced by Ta Chen and Tru-Flow. Antidumping duties for the rescinded companies, Liang Feng and PFP, shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(I). The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of these final results of review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of stainless steel butt-weld pipe fittings from Taiwan entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Act:

(1)For the companies covered by this review, the cash deposit rate will be the rate listed above;

(2)for merchandise exported by producers or exporters not covered in this review but covered in the investigation, the cash deposit rate will continue to be the company-specific rate from the most recent review;

(3)if the exporter is not a firm covered in this review, a prior review, or the investigation, but the producer is, the cash deposit rate will be that established for the most recent period for the producer of the merchandise; and

(4)the cash deposit rate for all other producers or exporters will be 51.01 percent, the “All Others” rate established in the less-than-fair-value investigation. These deposit requirements shall remain in effect until publication of the final results of the next administrative review. Notification of Interested Parties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402

(f)to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred, and in the subsequent assessment of double antidumping duties. This notice also is the only reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results and notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 6, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Appendix — Issues in Decision Memorandum ISSUES RELATING TO TA CHEN *Comment 1:* Affiliations *Comment 2:* CEP Offset *Comment 3:* Date of Sale *Comment 4:* U.S. Inventory Carrying Costs *Comment 5:* Repacking Expenses *Comment 6:* Bonuses and Cost of Production ISSUES RELATING TO TRU-FLOW *Comment 7:* Sales by Other Companies of Fittings Produced by Tru-Flow [FR Doc. E5-7278 Filed 12-12-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration (A-428-825) Stainless Steel Sheet and Strip in Coils From Germany; Notice of Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of Final Results of Antidumping Duty Administrative Review. SUMMARY: On August 8, 2005, the Department of Commerce (the Department) published the preliminary results of administrative review of the antidumping duty order covering stainless steel sheet and strip in coils from Germany. *See Stainless Steel Sheet and Strip in Coils from Germany; Notice of Preliminary Results of Antidumping Duty Administrative Review* , 70 FR 45682 (August 8, 2005) ( *Preliminary Results* ). The merchandise covered by this order is stainless steel sheet and strip in coils as described in the “Scope of the Order” section of this notice. The period of review

(POR)is July 1, 2003 through June 30, 2004. We invited parties to comment on our *Preliminary Results* . Based on our analysis of the comments received, we have made changes to the margin calculation. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margin for the reviewed firm is listed below in the section entitled “Final Results of the Review.” EFFECTIVE DATE: December 13, 2005. FOR FURTHER INFORMATION CONTACT: Deborah Scott, Tyler Weinhold, or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230, telephone:

(202)482-2657,

(202)482-1121 or

(202)482-0649, respectively. SUPPLEMENTARY INFORMATION: Background On August 8, 2005, the Department of Commerce published the preliminary results of administrative review of the antidumping order covering stainless steel sheet and strip in coils from Germany. See Preliminary Results. In the Preliminary Results we invited parties to provide comments. In response, the Department received case briefs from ThyssenKrupp Nirosta GmbH, ThyssenKrupp VDM GmbH (TKVDM), ThyssenKrupp Nirosta Präzisionsband GmbH (TKNP), and their various affiliates (collectively, TKN) and from Allegheny Ludlum, North American Stainless, Local 3303 United Auto Workers, United Steelworkers of America, AFL-CIO/CLC, and Zanesville Armco Independent Organization (collectively, Petitioners) on September 7, 2005. Petitioners submitted a rebuttal brief on September 14, 2005. TKN did not submit a rebuttal brief. Scope of the Order The products covered by this order are certain stainless steel sheet and strip in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product in coils that is greater than 9.5 mm in width and less than 4.75 mm in thickness, and that is annealed or otherwise heat treated and pickled or otherwise descaled. The subject sheet and strip may also be further processed ( *e.g.* , cold-rolled, polished, aluminized, coated, *etc.* ) provided that it maintains the specific dimensions of sheet and strip following such processing. The merchandise subject to this order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.1300.81 1 , 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are provided for convenience and customs purposes, the Department's written description of the merchandise under this order is dispositive. 1 Due to changes to the HTS numbers in 2001, 7219.13.0030, 7219.13.0050, 7219.13.0070, and 7219.13.0080 are now 7219.13.0031, 7219.13.0051, 7219.13.0071, and 7219.13.0081, respectively. Excluded from the scope of the order are the following:

(1)Sheet and strip that is not annealed or otherwise heat treated and pickled or otherwise descaled,

(2)sheet and strip that is cut to length,

(3)plate ( *i.e.* , flat-rolled stainless steel products of a thickness of 4.75 mm or more),

(4)flat wire ( *i.e.* , cold-rolled sections, with a prepared edge, rectangular in shape, of a width of not more than 9.5 mm), and

(5)razor blade steel. Razor blade steel is a flat-rolled product of stainless steel, not further worked than cold-rolled (cold- reduced), in coils, of a width of not more than 23 mm and a thickness of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent chromium, and certified at the time of entry to be used in the manufacture of razor blades. *See* chapter 72 of the HTSUS, “Additional U.S. Note” 1(d). Flapper valve steel is also excluded from the scope of the order. This product is defined as stainless steel strip in coils containing, by weight, between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent manganese. This steel also contains, by weight, phosphorus of 0.025 percent or less, silicon of between 0.20 and 0.50 percent, and sulfur of 0.020 percent or less. The product is manufactured by means of vacuum arc remelting, with inclusion controls for sulphide of no more than 0.04 percent and for oxide of no more than 0.05 percent. Flapper valve steel has a tensile strength of between 210 and 300 ksi, yield strength of between 170 and 270 ksi, plus or minus 8 ksi, and a hardness

(Hv)of between 460 and 590. Flapper valve steel is most commonly used to produce specialty flapper valves in compressors. Also excluded is a product referred to as suspension foil, a specialty steel product used in the manufacture of suspension assemblies for computer disk drives. Suspension foil is described as 302/304 grade or 202 grade stainless steel of a thickness between 14 and 127 microns, with a thickness tolerance of plus-or-minus 2.01 microns, and surface glossiness of 200 to 700 percent Gs. Suspension foil must be supplied in coil widths of not more than 407 mm, and with a mass of 225 kg or less. Roll marks may only be visible on one side, with no scratches of measurable depth. The material must exhibit residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm over 685 mm length. Certain stainless steel foil for automotive catalytic converters is also excluded from the scope of this order. This stainless steel strip in coils is a specialty foil with a thickness of between 20 and 110 microns used to produce a metallic substrate with a honeycomb structure for use in automotive catalytic converters. The steel contains, by weight, carbon of no more than 0.030 percent, silicon of no more than 1.0 percent, manganese of no more than 1.0 percent, chromium of between 19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of no more than 0.045 percent, sulfur of no more than 0.03 percent, lanthanum of less than 0.002 or greater than 0.05 percent, and total rare earth elements of more than 0.06 percent, with the balance iron. Permanent magnet iron-chromium-cobalt alloy stainless strip is also excluded from the scope of this order. This ductile stainless steel strip contains, by weight, 26 to 30 percent chromium, and 7 to 10 percent cobalt, with the remainder of iron, in widths 228.6 mm or less, and a thickness between 0.127 and 1.270 mm. It exhibits magnetic remanence between 9,000 and 12,000 gauss, and a coercivity of between 50 and 300 oersteds. This product is most commonly used in electronic sensors and is currently available under proprietary trade names such as “Arnokrome III.” 2 2 “Arnokrome III” is a trademark of the Arnold Engineering Company. Certain electrical resistance alloy steel is also excluded from the scope of this order. This product is defined as a non-magnetic stainless steel manufactured to American Society of Testing and Materials

(ASTM)specification B344 and containing, by weight, 36 percent nickel, 18 percent chromium, and 46 percent iron, and is most notable for its resistance to high temperature corrosion. It has a melting point of 1390 degrees Celsius and displays a creep rupture limit of 4 kilograms per square millimeter at 1000 degrees Celsius. This steel is most commonly used in the production of heating ribbons for circuit breakers and industrial furnaces, and in rheostats for railway locomotives. The product is currently available under proprietary trade names such as “Gilphy 36.” 3 3 “Gilphy 36” is a trademark of Imphy, S.A. Certain martensitic precipitation-hardenable stainless steel is also excluded from the scope of this order. This high-strength, ductile stainless steel product is designated under the Unified Numbering System

(UNS)as S45500-grade steel, and contains, by weight, 11 to 13 percent chromium, and 7 to 10 percent nickel. Carbon, manganese, silicon and molybdenum each comprise, by weight, 0.05 percent or less, with phosphorus and sulfur each comprising, by weight, 0.03 percent or less. This steel has copper, niobium, and titanium added to achieve aging, and will exhibit yield strengths as high as 1700 Mpa and ultimate tensile strengths as high as 1750 Mpa after aging, with elongation percentages of 3 percent or less in 50 mm. It is generally provided in thicknesses between 0.635 and 0.787 mm, and in widths of 25.4 mm. This product is most commonly used in the manufacture of television tubes and is currently available under proprietary trade names such as “Durphynox 17.” 4 4 “Durphynox 17” is a trademark of Imphy, S.A. Finally, three specialty stainless steels typically used in certain industrial blades and surgical and medical instruments are also excluded from the scope of this order. These include stainless steel strip in coils used in the production of textile cutting tools ( *e.g.* , carpet knives). 5 This steel is similar to AISI grade 420 but containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of 0.020 percent or less, and includes between 0.20 and 0.30 percent copper and between 0.20 and 0.50 percent cobalt. This steel is sold under proprietary names such as “GIN4 Mo.” The second excluded stainless steel strip in coils is similar to AISI 420-J2 and contains, by weight, carbon of between 0.62 and 0.70 percent, silicon of between 0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent, phosphorus of no more than 0.025 percent and sulfur of no more than 0.020 percent. This steel has a carbide density on average of 100 carbide particles per 100 square microns. An example of this product is “GIN5” steel. The third specialty steel has a chemical composition similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent, molybdenum of between 1.15 and 1.35 percent, but lower manganese of between 0.20 and 0.80 percent, phosphorus of no more than 0.025 percent, silicon of between 0.20 and 0.50 percent, and sulfur of no more than 0.020 percent. This product is supplied with a hardness of more than Hv 500 guaranteed after customer processing, and is supplied as, for example, “GIN6.” 6 5 This list of uses is illustrative and provided for descriptive purposes only. 6 “GIN4 Mo,” “GIN5” and “GIN6” are the proprietary grades of Hitachi Metals America, Ltd. Analysis of Comments Received All issues raised by parties in the case briefs and in Petitioners' rebuttal brief to this administrative review are addressed in the Issues and Decision Memorandum from Stephen Claeys, Deputy Assistant Secretary for Import Administration to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration (Decision Memorandum), dated December 6, 2005, which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded, all of which are in the Decision Memorandum, is attached to this notice as an appendix. The Decision Memorandum is on file in room B-099 of the main Department of Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the internet at *http://www.ia.ita.doc.gov.* The paper copy and electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have made changes to the margin calculation. The changes are listed below: • We have calculated home market early payment discounts and rebates on a concern ( *i.e.* , affiliated-family grouping) basis rather than on the basis of individual customers, where applicable. • We have disregarded from our analysis all home market sales by Nirosta Service Center

(NSC)that were coded as sales of non-prime merchandise. • For the preliminary results, certain cost of production

(COP)data had been inadvertently eliminated from our analysis, thereby causing certain U.S. sales to be excluded from our analysis since they had no matching cost data. Therefore, for these final results we inserted programming language to maintain these COP data in our analysis. • We corrected the data in the grade field for certain home market observations that had been coded incorrectly. Final Results of the Review We determine the following percentage weighted-average margin exists for the period July 1, 2003, through June 30, 2004: Manufacturer/Exporter Weighted Average Margin (percentage) TKN 9.50 Assessment The Department shall determine, and U.S. Bureau of Customs and Border Protection

(CBP)shall assess, antidumping duties on all appropriate entries. In accordance with 19 CFR 351.212(b)(1), the Department calculates an assessment rate for each importer of the subject merchandise. Upon issuance of the final results of this review, if any importer-specific assessment rates calculated in the final results are above *de minimis* ( *i.e.* , at or above 0.5 percent), we will issue appraisement instructions directly to CBP to assess antidumping duties on appropriate entries by applying the assessment rate to the entered value of the merchandise. To determine whether the duty-assessment rate covering the period is *de minimis* , in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we have calculated an importer-specific assessment ad valorem rate by aggregating the dumping margins calculated for all U.S. sales to each customer or importer and dividing this amount by the total quantity sold to that customer or importer. Where the importer-specific *ad valorem* rate is greater than *de minimis* , and where the respondent has reported reliable entered values, we instruct CBP to apply the assessment rate to the entered value of the importer's entries during the POR. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the final results of this review. Cash Deposit Requirements The following deposit requirements will be effective upon publication of this notice of final results of administrative review for all shipments of stainless steel sheet and strip in coils from Germany entered, or withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(1) of the Tariff Act of 1930, as amended (the Tariff Act):

(1)The cash deposit rate for the reviewed company will be the rate shown above;

(2)for previously reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recent period;

(3)if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value

(LTFV)investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and

(4)the cash deposit rate for all other manufacturers or exporters will continue to be 13.48 percent. This rate is the “All Others” rate from the amended final determination in the LTFV investigation of stainless steel sheet and strip in coils from Germany. *See Stainless Steel Sheet and Strip in Coils From Germany: Amended Final Determination of Antidumping Duty Investigation* , 67 FR 15178, 15179 (March 29, 2002). These deposit requirements shall remain in effect until publication of the final results of the next administrative review. Reimbursement This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders

(APO)of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Tariff Act. Dated: December 6, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Appendix Comments and Responses 1. Whether to Split Gauge Group 70 2. Calculation of Interest Expense 3. Home Market Rebates and Early Payment Discounts 4. Distinguishing between Prime and Non-Prime Sales in Conducting the Cost Test 5. Treatment of Non-Dumped Sales 6. Reclassification of Non-Prime Products 7. Dropped U.S. Sales 8. Misclassified Grades [FR Doc. E5-7281 Filed 12-12-05; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review ACTION: Notice of Issuance of an Amended Export Trade Certificate of Review, Application No.: 84-16A12. SUMMARY: The U.S. Department of Commerce issued an amended Export Trade Certificate of Review to Northwest Fruit Exporters (“NFE”) on December 2, 2005. The Certificate has been amended fifteen times. The most recent previous amendment was issued to NFE on October 14, 2004, and published in the **Federal Register** on October 21, 2004 (69 FR 61802). The original Export Trade Certificate of Review No. 84-00012 was issued to NFE on June 11, 1984, and published in the **Federal Register** on June 14, 1984 (49 FR 24581). FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, by telephone at

(202)482-5131 (this is not a toll-free number) or by e-mail at *oetca@ita.doc.gov.* SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR part 325 (2005). Export Trading Company Affairs is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Department of Commerce to publish a summary of the certification in the **Federal Register** . Under section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by the Secretary's determination may, within 30 days of the date of this notice, bring an action in any appropriate district court of the United States to set aside the determination on the ground that the determination is erroneous. Description of Amended Certificate NFE's Export Trade Certificate of Review has been amended to: 1. Add each of the following companies as a new “Member” of the Certificate within the meaning of section 325.2(1) of the Regulations (15 CFR 325.2(1)): Bolinger & Sons, Wenatchee, WA; C&M Fruit Packers, Wenatchee, WA; Cascade Fresh Fruits, L.L.C., Manson, WA; AltaFresh L.L.C. dba Chelan Fresh Marketing, Chelan, WA; Nuchief Sales Inc., Wenatchee, WA; Orchard View Farms, Inc., The Dalles, OR; SST Growers and Packers L.L.C., Granger, WA; Voelker Fruit and Cold Storage, Yakima, WA; and Yakima-Roche Fruit Sales, L.L.C., Yakima, WA; and 2. Delete the following companies as “Members” of the Certificate: Fox Orchards, Mattawa, WA; Magi, Inc., Brewster, WA (as a result of a merger with Chelan Fruit Cooperative, a Member of NFE); Monson Fruit Co., Selah, WA (for its cherry operation, only); Rawland F. Taplett dba R.F. Taplett Fruit & Cold Storage Co., Wenatchee, WA; Sund-Roy L.L.C., Yakima, WA; and Washington Export, L.L.C., Yakima, WA. The effective date of the amended certificate is September 6, 2005. A copy of the amended certificate will be kept in the International Trade Administration's Freedom of Information Records Inspection Facility, Room 4001, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230. Dated: December 7, 2005. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E5-7273 Filed 12-12-05; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 102204A] Small Takes of Marine Mammals Incidental to Specified Activities; Black Abalone Research Surveys at San Nicolas Island, Ventura County, CA AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. SUMMARY: In accordance with provisions of the Marine Mammal Protection Act

(MMPA)as amended, notification is hereby given that NMFS has issued an Incidental Harassment Authorization

(IHA)to Glenn R. VanBlaricom (VanBlaricom) to take small numbers of marine mammals, by harassment, incidental to the assessment of black abalone populations at San Nicolas Island (SNI), CA. DATES: Effective from November 30, 2005, through November 29, 2006. ADDRESSES: A copy of the IHA and the application are available by writing to Steve Leathery, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by telephoning the contact listed here. A copy of the application containing a list of references used in this document may be obtained by writing to this address, by telephoning the contact listed here (see FOR FURTHER INFORMATION CONTACT ) or online at: *http://www.nmfs.noaa.gov/prot_res/PR2/Small_Take/smalltake_info.htm#applications* . Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Jolie Harrison, NMFS,

(301)713-2289. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and

(D)of the MMPA (16 U.S.C. 1361 *et seq.* ) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have no more than a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and sets forth the permissible methods of taking and other means of effecting the least practicable impact on the species and stock or habitat (i.e., mitigation measures) and the requirements pertaining to the monitoring and reporting of such taking. NMFS has defined “negligible impact” in 50 CFR 216.103 as: an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. Subsection 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except for certain categories of activities not pertinent here, the MMPA defines “harassment” as: any act of pursuit, torment, or annoyance which

(i)has the potential to injure a marine mammal or marine mammal stock in the wild [“Level A harassment”]; or

(ii)has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [“Level B harassment”]. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorization for the incidental harassment of small numbers of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Request On August 31, 2004, NMFS received a letter from Glenn R. VanBlaricom, Ph.D., Washington Cooperative Fish and Wildlife Research Unit, requesting renewal of an IHA that was first issued to him on September 23, 2003 (68 FR 57427, October 3, 2003) for the possible harassment of small numbers of California sea lions ( *Zalophus californianus* ), Pacific harbor seals ( *Phoca vitulina* ), and northern elephant seals ( *Mirounga angustirostris* ) incidental to research surveys performed for the purpose of assessing trends in black abalone (Haliotis cracherodii) populations at SNI, Ventura County, California, over time in permanent study sites. Population trend data for black abalone populations have become important in a conservation context because of: a) the reintroduction of sea otters to SNI in 1987, raising the possibility of conflict between otter conservation and abalone populations (abalones are often significant prey for sea otters); b) the appearance of a novel exotic disease, abalone withering syndrome, at SNI in 1992, resulting in dramatically increased rates of abalone mortality at the Island; and c) the recent designation of California populations of black abalones as a species of concern in the context of listing pursuant to the Endangered Species Act (ESA). Research is done under the auspices of the Washington Cooperative Fish and Wildlife Research Unit, the University of Washington, and the U.S. Navy (owner of SNI), with additional logistical support from the University of California, Santa Cruz. Since the abalone are not handled or removed in the course of the research, neither a state nor federal permit is needed. Additional information on the research is contained in the application and proposed IHA **Federal Register** notice (69 FR 70249), which are available upon request (see ADDRESSES ). Project Description Nine permanent research study areas are located in rocky intertidal habitats on SNI in Ventura County, CA. The applicant has made 101 separate field trips to SNI from September 1979 through June 2005, participating in abalone survey work on 534 different days at nine permanent study sites. Quantitative abalone surveys on SNI began in 1981, at which point permanent research sites were chosen based on the presence of dense patches of abalone in order to monitor changes over time in dense abalone aggregations. Research is conducted by counting black abalone in plots of 1 m 2 (3.3 2 ft) along permanent transect lines in rocky intertidal habitats at each of the nine study sites on the island. Permanent transect lines are demarcated by stainless steel eyebolts embedded in the rock substrata and secured with marine epoxy compound. Lines are placed temporarily between bolts during surveys and are removed once surveys are completed. Survey work is done by two field biologists working on foot; therefore, monitoring of black abalone populations at SNI can be done only during periods of extreme low tides. The exact date of a visit to any given site is difficult to predict because variation in surf height and sea conditions can influence the safety of field biologists as well as the quality of data collected. In most years survey work is done during the months of January, February, March, July, November, and December because of optimal availability of low tides. All work is done only during daylight hours because of safety considerations. Research is expected to extend over a period of 2 more years, from November 30, 2005 through 2007, with additional work in future years remaining a possibility pending funding and staff. Surveys of abalones will be conducted each year during this year period. During each survey year, each of the nine permanent study sites at SNI will be visited three times. Abalone surveys, which take no more than 4 hours at each site, are conducted during two of the three visits to each of the nine sites. A third maintenance visit, which takes less than half of an hour at each site, is used to take measurements and make necessary repairs to plots and is conducted in a month when smaller numbers of pinnipeds are present. The affected marine mammal populations at SNI, especially California sea lions and northern elephant seals, have grown substantially since the beginning of abalone research in 1979 and have occupied an expanded distribution on the island due to population growth. Sites previously accessible with no risk of marine mammal harassment are now being utilized by marine mammals at levels such that approach without the possibility of harassment is difficult. Of the nine study sites used for the abalone surveys, only two sites can be occupied without the possibility of disturbing at least one species of pinniped; therefore, an IHA is warranted. Comments and Responses A notice of receipt of Dr. VanBlaricom's application for an IHA renewal and proposed IHA was published in the **Federal Register** on December 3, 2004 (69 FR 70249). During the 30-day public comment period, comments were received from the Marine Mammal Commission (Commission) and one member of the public. *Comment 1:* The Commission concurs with NMFS' preliminary determination that, given the mitigation measures proposed by the applicant, the proposed research activities are likely to result in no more than the temporary modification of behavior by California sea lions, Pacific harbor seals, and northern elephant seals. The Commission believes that NMFS' preliminary determinations are reasonable, provided NMFS is satisfied that the applicant's monitoring program is sufficient to detect the effects of the proposed research activities, including any mortality and/or serious injury that results from startle responses, or stampedes. The Commission notes, however, that although the proposed mitigation measures are expected to reduce the possibility of injury or death of animals, the potential for such taking remains. Consequently, the Commission recommends that any authorization issued to the applicant specify that, if a mortality or serious injury of a marine mammal occurs which appears to be related to the abalone research, further research activities be suspended while NMFS determines whether steps can be taken to avoid further injuries or mortalities or until such taking can be authorized by regulations promulgated under section 101(a)(5)(A) of the MMPA. *Response:* NMFS appreciates the Commission's concurrence with our determination. NMFS believes that the applicant's monitoring program is sufficient to detect the effects of his proposed research activities. Further, NMFS believes it highly unlikely that injury or mortality of a marine mammal would occur as a result of the proposed abalone research. The only way injury or mortality could occur as a result of the proposed research is if the approach of researchers caused pinniped mothers to either trample or become separated from their pups. Mitigation measures required in the IHA include time of year restrictions that avoid researcher interactions with California sea lion or Pacific harbor seal pups. Though elephant seal pups are sometimes present at abalone surveys, elephant seals are far less reactive to researcher presence than the other two species, researchers use great care approaching sites (and because elephants seals pup on the sand and permanent study sites are on rocks the two are always separated by at least 50 m (164 ft)), and only 16 total (adult) elephant seals have been disturbed in the last two years (of 971 present). However, as suggested, we have added language to the IHA requiring that VanBlaricom suspend research activities and contact NMFS immediately should an injury or mortality of a marine mammal be suspected of resulting from the abalone research. *Comment 2:* One individual expressed concerns about many people doing research and all of them resulting in the death of wildlife. This individual further questioned the applicant's need to continue doing research he has already been conducting for many years. *Response:* The taking by serious injury or death of any marine mammal is not authorized by this IHA and would result in the modification, suspension or revocation of this Authorization. NMFS anticipates that Glenn VanBlaricom's black abalone surveys will result in no more than Level B Harassment that is limited to short term and localized behavioral changes, such as startle reactions or flushes of low numbers of individuals from haul-out sites. Multi-year surveys are necessary to assess population trends. However, the IHA that NMFS is issuing does not authorize the applicant's black abalone research itself, but the incidental taking by harassment of small numbers of marine mammals of a species or population stock by the applicant while engaging in that activity. Description of Habitat and Marine Mammals Affected by the Activity San Nicolas is one of the eight Channel Islands, located in the Santa Barbara Channel off Southern California. Nine miles long and about three and a half miles across at its widest point, it is the farthest island from the mainland, more than 60 miles (96.6 km) offshore and about 85 miles (136.8 km) southwest of Los Angeles, California. SNI is owned and operated by the U.S. Navy and is off-limits to civilians without specific permission. Many of the beaches in the Channel Islands provide resting, molting or breeding places for species of pinnipeds. On SNI, three pinniped species (northern elephant seal, Pacific harbor seal, and California sea lion) can be expected to occur on land in the vicinity of abalone research sites either regularly or in large numbers during certain times of the year. In addition, a single adult male Guadalupe fur seal ( *Arctocephalus townsendi* ) was seen at one abalone research site on two occasions during the summer months in the mid-1980's; however, there have been no sightings of this species on the island since then. Further information on the biology and distribution of these species and others in the region can be found in Dr. VanBlaricom's application, which is available upon request (see ADDRESSES ), and the Marine Mammal Stock Assessment Reports, which are available online at *http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/individual_sars.html* . California Sea Lions The U.S. stock of California sea lions extends from the U.S./Mexico border north into Canada. Breeding areas of the sea lion are on islands located in southern California, western Baja California, and the Gulf of California and they primarily use the central California area to feed during the non-breeding season. Population estimates for the U.S. stock of California sea lions, which are based on counts conducted in 2001 and extrapolations from the number of pups, range from a minimum of 138,881 to an average of 244,000 animals, with a current growth rate of 5.4 to 6.1 percent per year (Carretta et al., 2005). The California sea lion is not listed under the ESA and the U.S. stock is not considered depleted under the MMPA. California sea lions haul out at many sites on SNI and are by far the most common pinniped on the island. Over the course of a year, up to 100,000 sea lions may use SNI. Numbers of sea lions at SNI increased by about 21% per year between 1983 and 1995 (NMFS, 2003) and sea lions have recently started occupying areas that were not formerly used. Pupping occurs on the beaches of SNI from mid-June to mid-July. Females nurse their pups for about eight days and then begin an alternating pattern of foraging at sea vs. attending and nursing the pup on land, which lasts for about eight months, and sometimes up to a year. California sea lions also haul out at SNI during the molting period in September, and smaller numbers of females and juveniles haul out during most of the year. Pacific Harbor Seals Harbor seals are widely distributed in the North Atlantic and North Pacific. In California, approximately 400-500 harbor seal haul-out sites are distributed along the mainland and on offshore islands, including intertidal sandbars, rocky shores and beaches (Hanan, 1996). A complete count of all harbor seals in California is impossible because some are always away from the haul-out sites. A complete pup count (as is done for other pinnipeds in California) is also not possible because harbor seals are precocious, with pups entering the water almost immediately after birth. Based on the most recent harbor seal counts

(2002)and including a correction factor for the above, the estimated population of harbor seals in California is 27,863 (Caretta *et al.* , 2005), with an estimated minimum population of 25,720 for the California stock of harbor seals. Counts of harbor seals in California showed a rapid increase from 1972 to 1990, but since 1990 there has been no net population growth along the mainland or the Channel Islands. Though no formal determination of Optimal Sustainable Population

(OSP)has been made, the decrease in the growth rate may indicate that the population has reached its carrying capacity. The harbor seal is not listed under the ESA and the California stock is not considered depleted under the MMPA. Harbor seals haul out at various sandy, cobble, and gravel beaches around SNI and pupping occurs on the beaches from late February to early April, with nursing of pups extending into May. Harbor seals may also haul out during molting period in late Spring, and smaller numbers haul out at other times of year. Harbor seal abundance increased at SNI from the 1960s until 1981, but since the average counts have not changed significantly. From 1982 to 1994, numbers of harbor seals have fluctuated between 139 and 700 harbor seals based on both peak ground counts and annual photographic survey photos. The most recent aerial count was of 457 harbor seals in 1994. Northern Elephant Seals Northern elephant seals breed and give birth in California (U.S.) and Baja California primarily on offshore islands, from December to March (Stewart *et al.* , 1994). The California breeding stock, which includes the animals on SNI, is now demographically separated from the Baja California population. Based on trends in pup counts, northern elephant seal colonies appeared to be increasing in California through 2001. The population size of northern elephant seals in California is estimated to be 101,000 animals, with a minimum population estimate of 60,547 (Carretta *et al.* , 2005). A continuous average growth rate (though it has declined a bit in recent years) of 8.3 percent has seen numbers of this species increase from 100 in 1900 to the current population size (Caretta *et al.* , 2005). The northern elephant seal is not listed under the ESA and the California stock is not considered depleted under the MMPA. Increasing numbers of elephant seals haul out at various sites around SNI. Based on a pup count in 1995 that found 6,575 pups, scientists estimated that over 23,000 elephant seals may use SNI in a year (NMFS, 2003). From 1988 to 1995 the pup counts on SNI increased at an average rate of 15.4 percent per year, however, the growth rate of the population as a whole seems to have declined in recent years (NMFS, 2003). Pupping occurs on the beaches of SNI from January to early February, with nursing of pups extending into March. Northern elephant seals also haul out during the molting periods in the spring and summer, and smaller numbers haul out at other times of the year. Potential Effects of Activities on Marine Mammal Variable numbers of sea lions, harbor seals, and elephant seals typically haul out near seven of the nine study sites used for abalone research, with breeding activity occurring at four of these seven sites. Pinnipeds likely to be affected by abalone research activity are those that are hauled out on land at or near study sites. For the previous IHA, the applicant estimated that pinnipeds typically haul out near six of the nine study sites, with breeding activity occurring at five of these six sites. However, during field work in 2003 and 2004, it became apparent that non-breeding California sea lions had begun to haul out regularly at an additional abalone study site, and that sea lions and elephant seals hauled out at one of the study sites are non-breeding animals; therefore, it has become evident that seven of the nine study sites are used by pinnipeds for hauling out, with breeding activity occurring at four of these seven sites. Incidental harassment may result if hauled animals move to increase their distance from persons involved in abalone surveys. Although marine mammals will not be deliberately approached by abalone survey personnel, approach may be unavoidable if pinnipeds are hauled out directly upon the permanent abalone study plots. In almost all cases, shoreline habitats near the abalone study sites are gently sloping sandy beaches or horizontal sandstone platforms with unimpeded and non-hazardous access to the water. If disturbed, hauled animals may move toward the water without risk of encountering significant hazards. In these circumstances, the risk of serious injury or death to hauled animals is very low. One exception to the low risk of marine mammal injury or mortality associated with abalone research would be if disturbances occur during breeding season, as it is possible that mothers and dependent pups may become separated. If separated pairs don't reunite fairly quickly, risks of mortality to pups may increase. Also, adult northern elephant seals may trample elephant seal pups if disturbed. Trampling increases the risk of injury or death to the pups. However, mitigation measures including time of year restrictions that require avoidance of all sites with California sea lion pups or harbor seal pups will be incorporated into the IHA. Though elephant seal pups are sometimes present at abalone surveys, NMFS does not expect risk of pup mortalities because elephant seals are far less reactive to researcher presence than the other two species. Also, researchers use great care approaching sites and elephants seals pup on the sand while the permanent study sites are on rocks, leaving the two always separated by at least 50 m (164 ft)). IN fact, only an estimated 16 total (adult) elephant seals have been disturbed in the last two years (of 971 present). Mitigation Several mitigation measures to reduce the potential for harassment from population assessment research surveys will be implemented as part of the SNI abalone research activities. Primarily, mitigation of the risk of disturbance to pinnipeds simply requires that researchers are judicious in the route of approach to abalone study sites, avoiding close contact with pinnipeds hauled out on shore. In no case will marine mammals be deliberately approached by abalone survey personnel, and in all cases every possible measure will be taken to select a pathway of approach to study sites that minimizes the number of marine mammals harassed. Each visit to a given study site will last for a maximum of 4 hours, after which the site is vacated and can be re-occupied by any hauled marine mammals that may have been disturbed by the presence of abalone researchers. The potential risk of injury or mortality will be avoided with measures required under the authorization. Disturbances to females with dependent pups (in the cases of California sea lions and Pacific harbor seals) will be mitigated to the greatest extent practicable by avoiding visits to the four black abalone study sites with resident pinnipeds during periods of breeding and lactation from mid-February through the end of October. The previous authorization required the applicant to avoid conducting survey research at certain study sites that may have breeding and/or lactating pinnipeds during the period from February through October. However, during field work in early 2004 it became evident that pupping by harbor seals at these sites does not begin until the latter half of February. Therefore, the current authorization is shortened to exclude the first half of February. During this period, abalone research would be confined to the other five sites where pinniped breeding and post-partum nursing does not occur. Limiting visits to the four breeding and lactation sites to periods when these activities do not occur (November, December, January, and the first half of February) will reduce the possibility of incidental harassment and the potential for serious injury or mortality of dependent California sea lion pups and Pacific harbor seal pups to near zero. Northern elephant seal pups are present at four sites during winter months. Risks of injury or mortality of elephant seal pups by mother/pup separation or trampling are limited to the period from January through March when pups are born, nursed, and weaned, ending about 30 days post-weaning when pups depart land for foraging areas at sea. However, elephant seals have a much higher tolerance of nearby human activity than sea lions or harbor seals. Also, elephant seal pupping typically occurs on the sandy beaches at SNI, approximately 50 m (164 ft) or more away from the abalone study sites. Possible take of northern elephant seal pups will be minimized by using a very careful approach to the study sites and avoiding the proximity of hauled seals and any seal pups during collection of abalone population data. One individual Guadalupe fur seal was seen at study site 8 on two separate occasions during the summer months in the mid-1980's. No individuals of this species have been seen during abalone research work since then. Thus, limitation of research visits to site 8 to the period November through January eliminates the potential for taking of Guadalupe fur seals by harassment. Guadalupe fur seals are distinctive in appearance and behavior, and can be readily identified at a distance without any disturbance. Harassment, injury, or mortality of Guadalupe fur seals will be prevented by immediately suspending research work and vacating any study area in which this species is seen. Therefore, an authorization for the taking of Guadalupe fur seals by harassment is neither required nor requested. Sea otters are not expected ashore during the time periods when the research activities would be conducted. However, if sea otters are sighted ashore during the abalone research, Dr. VanBlaricom would follow similar procedures in place for fur seals, suspending research activities in any areas California sea otters are occupying. Monitoring Currently, all biological research activities at SNI are subject to approval and regulation by the Environmental Planning and Management Department (EPMD), U.S. Navy. The U.S. Navy owns SNI and closely regulates all civilian access to and activity on the island, including biological research. Therefore, monitoring activities will be closely coordinated with Navy marine mammal biologists located on SNI. In addition, status and trends of pinniped aggregations at SNI are monitored by the NMFS Southwest Fisheries Science Center. Also, long-term studies of pinniped population dynamics, migratory and foraging behavior, and foraging ecology at SNI are conducted by staff at Hubbs-Sea World Research Institute (HSWRI). Monitoring requirements in relation to Dr. VanBlaricom's abalone research surveys will include observations made by the applicant and his associates. Information recorded will include species counts (with numbers of pups), numbers of observed disturbances, and descriptions of the disturbed behaviors during the abalone surveys. Observations of unusual behaviors, numbers, or distributions of pinnipeds on SNI will be reported to EPMD, NMFS, and HSWRI so that any potential follow-up observations can be conducted by the appropriate personnel. In addition, observations of tag-bearing pinniped carcasses as well as any rare or unusual species of marine mammals will be reported to EPMD and NMFS, allowing transmittal of this information to appropriate agencies and personnel. If at any time injury or death of any marine mammal occurs that may be a result of the proposed abalone research, VanBlaricom will suspend research activities and contact NMFS immediately to determine how best to proceed to ensure that another injury or death does not occur and to ensure that the applicant remains in compliance with the MMPA. Reporting A draft final report must be submitted to NMFS within 60 days after the conclusion of the year-long field season. The report will include a summary of the information gathered pursuant to the monitoring requirements set forth in the IHA. A final report must be submitted to the Regional Administrator within 30 days after receiving comments from NMFS on the draft final report. If no comments are received from NMFS, the draft final report will be considered to be the final report. Numbers of Marine Mammals Expected to be Harassed The distribution of pinnipeds hauled out on beaches is not even. The number of marine mammals disturbed will vary by month and location, and, compared to animals hauled out on the beach farther away from survey activity, only those animals hauled out closest to the actual survey transect plots contained within each research site are likely to be disturbed by the presence of researchers and alter their behavior or attempt to move out of the way. In VanBlaricom's 2004 and 2005 abalone survey field seasons, respectively, the following numbers of marine mammals were disturbed (potentially harassed): 1,472 and 983 California sea lions (of 2,329 and 1,383 present); 99 and 88 Pacific harbor seals (of 108 and 99 present); and 7 and 9 northern elephant seals (of 562 and 409 present). The researcher considered an animal to have been disturbed if it moved, even a few feet, in response to the researcher's presence or if the animal was already moving and changed direction. Animals that raised their head and looked at the researcher without moving were not considered disturbed. Based on past observations and assuming a maximum level of incidental harassment of marine mammals at each site during periods of visitation, NMFS estimates that the maximum total possible numbers of individuals that will be incidentally harassed (resulting from one complete cycle of visits to the nine study sites) would be 1600 California sea lions, 120 Pacific harbor seals, and 20 northern elephant seals. Three visit cycles are anticipated during the year-long validity of an IHA. As noted earlier, any site occupied by Guadalupe fur seals will be vacated by researchers immediately and no taking of this species will occur. NMFS anticipates that Level B harassment of small numbers of California sea lions, Pacific harbor seals and northern elephant seals may occur incidental to the proposed continuation of black abalone research at SNI and that these takings will result in no more than a negligible impact on these marine mammal species or stocks or on their habitats. Possible Effects of Activities on Marine Mammal Habitat NMFS anticipates that the action will result in no impacts to marine mammal habitat beyond rendering the areas immediately around each of the nine study sites less desirable as haulout sites for a total of 8.5 hours per year. Possible Effects of Activities on Subsistence Needs There are no subsistence uses for California sea lions, Pacific harbor seals, or northern elephant seals in California waters, and thus, there are no anticipated effects on their availability for subsistence uses. ESA For the reasons already described in this **Federal Register** Notice, NMFS has determined that the described abalone research and the accompanying IHA will have no effect on species or critical habitat protected under the ESA. Therefore, consultation under Section 7 was not required. National Environmental Policy Act

(NEPA)NMFS prepared an Environmental Assessment

(EA)of the Issuance of an IHA to Take Marine Mammals, by Harassment, During Black Abalone Research at SNI, California and subsequently issued a Finding of No Significant Impact on November 21, 2005. A copy of the EA and FONSI are available upon request (see ADDRESSES ). Determinations Based on the information contained in the application, the December 3, 2004 (69 FR 70249) **Federal Register** notice, Dr. VanBlaricom's monitoring reports for previous field seasons, and this document, NMFS has determined that the impact of abalone research will result, at most, in a temporary modification in behavior by small numbers of California sea lions, Pacific harbor seals, and northern elephant seals, in the form of head alerts, movement away from the researchers and/or flushing from the beach. In addition, no take by injury or death is anticipated, and harassment takes will be at the lowest level practicable due to incorporation of the mitigation measures mentioned previously in this document. While the number of potential incidental harassment takes will depend on the distribution and abundance of marine mammals in the vicinity of the survey activity and the distance between the seals and the researchers, NMFS anticipates that the number of potential harassment takings will be small relative to the species stock sizes and will have no more than a negligible impact on the affected species or stocks. The project is not expected to interfere with any subsistence hunts. NMFS has therefore determined that the requirements of section 101(a)(5)(D) of the MMPA have been met and the authorization can be issued. Authorization NMFS has issued an IHA to Dr. Glenn R. VanBlaricom for the harassment of small numbers of California sea lions, Pacific harbor seals, and northern elephant seals incidental to black abalone population trend research, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Dated: November 29, 2005. Donna Wieting, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 05-23985 Filed 12-12-05; 8:45 am]

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